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Written by Gordon Prentice

Published: 10 February 2019

In the Municipal Election last October Tom Vegh was elected as Newmarket’s new Regional Councillor after promising a new Library and Seniors’ Centre on the Hollingsworth Arena site, a stone’s throw from Southlake. 

This bold and unequivocal pledge made Vegh stand out as a candidate who thinks big. 

It paid off.

Vegh won with 8,750 votes with former Newmarket councillor Chris Emanuel trailing with 7,952 votes. Newmarket Public Library Chair, Joan Stonehocker, a first time candidate, got a creditable 2,688 votes.

Tom is now a full-time politician with a salary to match, able to concentrate laser-like on his policy agenda.

At the tail end of last year I tell Tom I want to track his promise through to fruition. I am interested in how policy is made in municipalities in Ontario where political parties are entirely absent and our elected officials at local level are all independents.  

Tom can’t rely on Party loyalty and whipped votes to get his library and seniors’ centre plans through the Council. He’s got to win a majority by skill, persuasion and force of argument. But can he deliver?

I’ve always believed politicians of all stripes - whether Party affiliated or independent – should say what they mean and mean what they say. That’s the way to counter the deep cynicism about politicians that infects so many voters. So I tell Tom I have all the time in the world to follow his efforts to get a new Library and Seniors’ Centre up-and-running.

I had no idea things would come to the boil so rapidly. 

Pick your concept. 

Last week Briarwood Homes, the developer that owns a big chunk of land at Davis and Patterson hosted an open house to unveil their concepts for the site. Residents from the immediate vicinity were invited to come along and tell the developer what they thought about the two concepts on offer. The first showed residential towers and commercial on the developer’s own land. The second concept took in the land behind (the Hollingsworth Arena and open space) that is owned by the Town.

There was no specific mention of a Library or Seniors’ Centre in the plans. Though there is mention of a community facility on the Town-owned part of the site.

Councillors have been thinking about the future of Hollingsworth Arena for years. The old ice rink is reaching the end of its design life. But what, if anything, should replace the hockey facility? Another one? An open-air rink? What?

The last developer to bring forward plans to redevelop the site, Sandro Sementilli,  promised the earth and delivered dust. The Town’s senior staff have absolutely no wish to see history repeat itself. So they turn out in great numbers for the Briarwood meeting. I see Rick Nethery and his deputy, Jason Ungar. And there is Adrian Cammaert, the Department’s Stakhanovite planner who is involved in absolutely everything. I see Peter Noehammer from Development and Infrastructure standing in the middle of the room, surveying everything. And I see Ian McDougall, the man in charge of Community Services. 

Clearly, after the previous fiasco, the Town’s senior staff are heavily invested in the future development of this key site fronting Davis Drive. They all want everything to go according to plan. 

Directing the Direction 

Indeed, the Director of Planning, Rick Nethery, at last month’s Committee of the Whole (14 January 2019 at 2.40 on video) recommends that:

 “staff be directed to arrange a non-statutory, developer-led Public Information Centre to share the details of the two redevelopment concepts prepared by Briarwood Homes…”

and to report back to a subsequent Committee of the Whole meeting detailing the redevelopment options and feedback received at the developer-led Public Information Centre.”

Clearly, Town staff are willing to act as party organisers for some developers. 

In the event, councillors go on to reject the Planning Director’s recommendations to have staff facilitate the developer’s meeting.

Ward 2 councillor, Victor Woodhouse, a re-tread, is curious why staff should offer to arrange a non-statutory meeting hosted by a developer. He can’t recall that happening before when he was on Council. 

Rick Nethery, offers an explanation: 

“You are right. It is not something we do routinely. And more often than not a developer will hold their own entirely. I think it was any assistance the Town was going to be giving was simply, you know, (to) make sure you capture these people (attending) by way of a list or something like that. But I think it sounds like they’ve got that covered now.”

“That said though, we are referencing that back in June 2018, we did have a report which spoke to this matter and Council had directed that this property owner (Briarwood) go away and come up with a couple of options that could be referred to that kind of a meeting. It was largely just to help facilitate that Council direction. I don’t know that much hangs on it.”

Of course, there is a precedent for Town staff facilitating developer meetings. I recall Bob Forrest’s Clock Tower meeting at the Community Centre in Doug Duncan Drive in April 2013 when Town staff were wearing name badges! (Forrest was trying to get a sense of which way the wind was blowing before he put in his planning application – which he did years later. The Clock Tower is still unfinished business.)

Developer-led meetings “a new phenomenon”

Now the Mayor, John Taylor, offers his opinion. He tells us that the whole phenomenon of developer led planning meetings – prior to an application being submitted – had emerged in the last five years. He says they are not that common but they are an emerging trend. And this development could involve Town-owned land. He acknowledges the proposed development sits in an area covered by a Secondary Plan but is nevertheless concerned about the proprieties of staff offering comments on a concept – before an application is even received by the Town. He wants a clear process.

“What would be the protocol going forward?”   

Nethery, a gifted master of the opaque, responds:  

“I’ll address the idea of reporting back first. And that’s simply along the lines of creating a record so it doesn’t become a he-said, she-said kind of thing… If you are there or some sub-set of you are there you hear it with your own ears so you will have the benefit of that too and any notes you might take. We shall probably be taking our own notes and we can make those available to sort of establish the record.”

Sounds like a load of old cobblers to me.

“In terms of the second point that you raise (on the Secondary Plan)… We are commenting generally on the compliance and conformity with the Secondary Plan only…  if and when an application were to come in, it is likely to evolve…we understand it may come forward in February. That’s their aspiration. It may not be the one that staff can support…”

“So I think there is still a lot of evolution there but we do have the strength of Council having adopted the Secondary Plan in giving us direction to use that as a basis of the things we evaluate. The report does indicate that it does in varying levels because of the two different options they are proposing.”

Full Rigour

Taylor is now asking about developer initiated non-statutory meetings. He wants a consistent approach to these meetings. How will they be handled? Will reports go to Council? Nethery clarifies:

“I can confirm that in the past we have had a number of them. Some of the local planning consultants we deal with are getting in the habit  – or have been in the habit of doing these. And it is a worthwhile exercise from their perspective. We usually attend but there is no record of that. All that it does from the applicant’s perspective (it) gives rise to their decision of whether or not to make an application. And then once that has happened we’ve got the full rigour of the normal planning process.”

(The “full rigour of the planning process” in the Clock Tower meant the Director of Planning knowingly misleading councillors on a key metric of the proposed development – the Floor Space Index.)

“The circumstances are unusual in that there is some municipal property that may or may not be in play on it. I think that’s why there was that conversation happening. It is not normal under the typical kind of scenario so I think we are fine with that direction.”

Tom Vegh sits there staring blankly ahead, saying nothing. Why?

Tom was present at the meeting in June last year when the developer was asked to go away and come up with a couple of options. When Tom made his explicit promise to the electors he knew then what the rest of us have just learned. That the developer was being asked to come up with a second concept which would include an area of Town-owned land.

For the Town to do a deal with Briarwood it would have to declare the Hollingsworth Arena land surplus to requirements and follow its sale of land policy to the letter. Briarwood would presumably buy it. But I suppose there could be some sort of fancy dancing leasing arrangement or other device that would deliver a development which makes both Briarwood and the Town happy.

But we don’t know, as yet, what the Town wants. So to have Briarwood come up with a second development concept involving Town lands is putting the proverbial cart before the horse.

Evolution expected

Nethery told the 14 January meeting that the developer hoped to put in a planning application this month but he went on to suggest that was a bit premature. After all, the concepts are expected to evolve.

It seems to me this gives Tom the ideal opportunity to make the case for his new Library and Seniors’ Centre. 

We all know what the developer is thinking. But what about our councillors? 

Has Tom briefed them on his plans? If not, why not?

What does the Library Board and the management of the Seniors’ Centre think about his proposal? Has he made a formal presentation to either?

What about the views of the Library Chief Executive, Todd Kyle. He has been making the case for a new library sotto voce but what does he think of the Hollingsworth Arena as a possible site?

My advice to Tom is to make the case as best he can. He can’t hang around waiting for the ideal time to explain in detail how he plans to take us from A to B. 

The train is about to leave the station.

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Written by Gordon Prentice

Published: 05 February 2019

Will Newmarket get a new GO Rail station at Mulock Drive? 

At the moment I’d say it is probably touch and go. 

Last November, the Chief Executive of Metrolinx, Phil Verster, told York Region that work on all the proposed new GO Rail stations in the Greater Toronto Hamiliton Area – including Kirby and Mulock - was to be “paused”.

Metrolinx had been ordered by the Ford Government to put everything on hold while the agency pursued:

“a market-driven approach to delivering new GO stations”.

No-one really knows what this means in practice – including Newmarket Mayor John Taylor. He is as much in the dark as the rest of us. At last week’s York Region Council meeting he tells his colleagues:

“We don’t know what the market-driven approach is.”

Ford's approach

But he is obviously right when he says the Provincial Government wants to slow down public spending: 

“They are not looking for new spends.”

If Ford shelves Mulock Station the implications for Newmarket (and Aurora) will be huge. There is, of course, the unconscionable waste of money. The Town has been forced to spend $250,000 on a new Secondary Plan for the Mulock area to show it is serious about promoting future development around the new station site.

And without a new station at Mulock pressure on Aurora will intensify. There will be more commuters driving to Aurora to catch the train – and more pressure on parking.

Markham’s Mayor, the velvet-voiced Frank Scarpitti, uses the re-evaluation to re-open the case for including new GO Rail stations in and around his patch that had previously been rejected by Metrolinx. 

Taylor tells the Regional Council:

“It is unfettered optimism to believe that by adding several more stations to be analysed and considered through this process it is going to increase our chances… This is going to decrease the chances of Mulock Station moving ahead…”

He says he understands the point Scarpitti is making. He says we’ve been through the process and the stations Scarpitti mentions didn’t advance and Kirby and Mulock did.

Taylor needs back-up

Taylor is fighting his corner and that’s good. But he should have gotten some support and back-up from the two Toms - Vegh and Mrakas – who were silent.

The Markham contingent often reinforce points made by Scarpitti. 

Markham’s visionary rail enthusiast, Jim Jones, wants to see new stations on the Stouffville and Richmond Hill lines with two and three car trains arriving every three or four minutes in peak times and maybe 8-10 minutes off-peak. He says this is the way to get the economy growing. Phew!

He wonders aloud if we are going to see shorter trains and increased frequency on the Barrie line.

The critical flaw in Jones’ line of thinking is that he hasn’t considered the zillions of level crossings across the system and what to do about them. Sadly, neither has Metrolinx.

Almost a year ago (in March 2018) I was sitting next to the Director of Stakeholder Relations at a Metrolinx Board meeting (as one does) and asked him how it was possible to have both level crossings and, at the same time, a fast and frequent train service. He couldn’t tell me. Then last October I learned:

“The Level Crossing study is being led by our Corridor Planning team. They have been working on setting the policy framework and initial municipal engagement. Next steps will include a risk assessment tool and recommendations on safe and appropriate solutions.”

Obviously they don’t have clue. If grade separation is ruled out on grounds of cost then the continued presence of level crossings in great numbers will inevitably stop Jim Jones’ rapid transit plan in its tracks.

Olive Branch

Now the wily Scarpitti offers an olive branch. He tells Taylor that even if Mulock fails the new ill-defined market-driven development test it should still go ahead. 

Just so long as his shopping list of new stations goes to the Provincial Government as well. 

After much huffing and puffing the Regional Council agrees to tell the Province it supports Kirby and Mulock GO Rail stations but also sees the potential for adding other new stations “going forward”. 

They are all listed in the Region’s Transportation Master Plan 2016.

Ahhh!

That’s how they square the circle.

An Open House on the Mulock Secondary Plan is being held tomorrow (6 February 2019) at the Community Centre at Doug Duncan Drive from 7pm-9pm.

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Written by Gordon Prentice

Published: 03 February 2019

York Regional Council needs a Code of Conduct. 

But, scandalously, the Region’s elected officials have resisted the idea for years.

True. They are talking about getting one – but only because the law now requires it and it is being forced on them. The Municipal Act requires all municipalities to establish a Council Code of Conduct by March 1, 2019. 

A draft Code of Conduct was presented to elected members at last week’s Council meeting by the Region’s first Integrity Commissioner who was appointed in December. He is hired to keep an eye on them.

And about time too. In the last term of Council, one of its members, Regional Councillor Michael Di Biase, was suspended for 90 days without pay from his home Council of Vaughan for interfering in the tendering process. He still got paid by York Region and suffered no adverse consequences whatsoever. Indeed, the scandalous behaviour of Di Biase was not formally reported to the Regional Council nor even mentioned. Perhaps because it would cause unpleasantness and poison the clubby atmosphere. 

Code of Conduct "not needed"

At their meeting in October 2015, members decided that a Regional Code of Conduct wasn't needed. It should remain discretionary.  They said it would largely replicate what was already in place at municipal level and would produce unwelcome ambiguity. They did this knowing that the Chair of York Region, Wayne Emmerson, is indirectly elected by members of the Regional Council and not directly by the voters and is therefore not covered by any Code of Conduct applying to his "home municipality".  He doesn't have one – then or now.

In any event, our elected officials are deeply troubled by the draft Code of Conduct. They demand the draft be re-written.  The new Regional Councillor from Richmond Hill, Carmine Perrelli, is particularly scornful, questioning why one is needed at all. He tells us Canada’s Criminal Code, an observant press and media (as if!) and elections every four years are enough to keep councillors honest and diligent.  He says the Code of Conduct is:

“a weapon for political adversaries to use against you.”

This is a theme picked up and developed by the new Regional Councillor from Vaughan, Linda Jackson. In a wildly over-the-top and theatrical contribution to the debate she tells us there are some people out there who will use every trick in the book to accuse elected officials of wrongdoing. And this Code of Conduct is just giving them more ammunition to make the lives of elected officials even more difficult.

Others too want the Integrity Commissioner to go back to the drawing board and bring back something that is altogether more palatable.

Some of the criticisms have merit. 

It's a family affair

The Code of Conduct says elected members must at all costs avoid conflicts of interest – especially when matters could touch on their family. However “family” is defined as including aunts and uncles, nieces and nephews all the way out to first cousins. One wag yells that he is Italian and he has hundreds of first cousins. Doesn’t even know how many. And hasn’t met half of them. This gets gales of laughter.

The way in which the draft Code is written is part of the problem. It makes for stodgy and indigestible reading with too many words like “herein”. It imagines wrongdoing in circumstances which seem improbable to me:

“No Member shall obtain personal financial gain from the use or sale of Region-developed intellectual property (for example, inventions, creative writings and drawings), computer programs, technical innovations or any other item capable of being patented.” 

Perhaps the new Integrity Commissioner is trying to do a belt-and-braces job. Trying to imagine every possible eventuality. But the result comes across as oppressive.

The draft Code of Conduct stipulates

“Members of Council shall not actively undermine the implementation of Council’s decisions.” 

And the Code’s commentary tells us:

“The role of Members, once a council decision is made, is to support the implementation of that decision, not to work against its implementation, publicly or behind the scenes... Members can express disagreement with Council’s decisions, but it is contrary to the ethical behaviour of members of Council to actively seek to undermine, challenge or work against Council’s decisions.” 

Whoa!

The Regional Council took a decision in 2015 not to bring in a Code of Conduct or appoint an Integrity Commissioner. Had I been a member of York Regional Council during the last term I would have relentlessly challenged that policy decision in every inventive way I could. 

Newmarket’s Mayor John Taylor too felt this was oppressive while acknowledging the thinking behind it perhaps, ironically, lay in Newmarket’s own Code of Conduct. 

(Newmarket’s Code of Conduct, in large part, had been written to skewer former councillor Maddie Di Muccio who was seen as a troublemaker sans pareil. For example, it enjoins members to “accurately communicate the decisions of Council even if they disagree with the majority decision of Council, and by so doing affirm the respect and integrity in the decision-making processes of Council”.)

Dos and Don’ts of Social Media

The Region’s Draft Code of Conduct cautions members on the perils of social media, urging them to count to ten before reacting to some provocation. But is this really necessary?

“In a world where a transitory comment can become part of the permanent record, Members should exercise restraint in reacting too quickly, or promoting the social media posts of others whose views may be disparaging of Council’s decisions or another Member’s perspectives.” 

It seems to me that effective Codes of Conduct are short and to the point, spelling out in plain English behaviours which are simply not permitted. There should be clarity. And no ambiguity.

I smile to myself and immediately think of Newmarket’s previous Mayor, Tony Van Trappist, who rarely spoke at Regional Council meetings. He didn’t see the point. Why waste your breath offering an opinion? 

“Members shall make every effort to participate diligently in the activities of the committees, agencies, boards, commissions and advisory committees to which they are appointed by the Region or by virtue of being an elected official.” 

Has it come to this? 

That we have to remind politicians to do what should come naturally to them? 

Debating. Persuading. Making the argument.

The revised draft Code of Conduct will be considered by the Regional Council later this month.

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Written by Gordon Prentice

Published: 28 January 2019

Back Story: Last November a jury at the Superior Court in Newmarket found that on 20 March 2014 at the PC provincial candidate’s nomination meeting in Aurora Steve Hinder punched Anthony Pullano in the chest but that the subsequent infection of Pullano’s ICD (like a pacemaker) was not caused by the blow. Earlier in 2018, Hinder launched a counter-claim against Pullano for defamation which succeeded. The jury awarded Hinder $50,000 in damages. Hinder has been associated with Magna and the Stronachs for many years, wearing several different hats. Anthony Pullano is a long-time Auroran businessman.  

By Thursday of this week (31 January) Steve Hinder must submit to the Superior Court a tally of his legal costs. Anthony Pullano is on the hook for $50,000 in damages for defamation and for Hinder’s legal costs which are likely to be huge. At this stage, I do not know if Pullano is going to appeal.

I sat through the entire trial and one matter continues to perplex me. 

When Hinder was being quizzed by Pullano’s lawyer, William Reid, about his employment history with Magna/Stronach we learn in excruciating detail how much he was paid, his employee benefits and so on. Personally, I thought this was a bit intrusive.

Land development = Bonus

And then I learned that Hinder signed a consultancy agreement with Stronach Consulting (part of the Stronach Group) which promised him a bonus if the Stronach “excess lands” were approved for development. That raised my eyebrows.

At the time I recall asking myself why Hinder would be entitled to any bonus at all unless he was facilitating (or thought to be facilitating) the development of the so-called “excess” or surplus Stronach lands in some way. Perhaps the people in the Stronach Consulting Group who signed off on the contract believed Hinder could oil the wheels and get things moving faster than would otherwise be the case.

Hinder told the Court that though entitled to a bonus he hadn’t received anything - at least up until the afternoon of Wednesday 28 November 2018 when the question was put to him.

He was not asked how much the bonus was worth and what he had to do to secure it and he did not volunteer this information.  

Pullano’s lawyer, William Reid, pointedly asked if he was a lobbyist for his employer.  Hinder was adamant he was not and never had been. 

Hinder explains why he went along to Jane Twinney’s provincial nomination meeting on 20 March 2014:

“I was there for the Stronach Group. The faster the development (of the surplus Stronach lands) the bigger the bonus. That’s the way it reads in the contract.”

“The lands are owned by Stronach not Magna. One spot is being developed.”

Where are the Surplus Lands?

It seems likely that two blocks of land south of Wellington between Bayview and Leslie are the surplus Stronach lands. The zoning is shown here.

The applicant for the Stronach South Development Lands is Aurora Bayview SouthEast Development Inc. (shown on the Planning Applications Status Map September 2018 as ID8)

“This is a Draft Plan of Subdivision to divide 9 future development blocks and 1 natural heritage block and a public spine road network.”  

The applicant for Adena Views (ID 35) is Leslie Wellington Developments Inc. 

“This Draft Plan of Subdivision proposes 145 lots for single detached dwellings and an Environmental Protection block.” 

From what I can gather (and there is a multiplicity of entities here) Aurora Bayview Southeast Development Inc and Leslie Wellington Developments Inc were acquired by 2272804 Ontario Inc in 2011 and are subsidiaries of it. 

Belinda Stronach is a Director of 2272804 Ontario Inc. 

Planning approval was granted by the Town of Aurora in December 2016 for the Adena Views development (ID35) and construction is now underway with a few model homes finished. I assume this is the development Hinder was alluding to when he said in November that one spot (of the surplus lands) is being developed.

The Stronach Family Feud

All this is happening against the backdrop of a very public feud between Frank and his daughter Belinda, among others.

Last October Frank Stronach launched a Court action against his daughter Belinda, suing her for $520M on the grounds that she had seriously mismanaged the family fortune. 

Belinda Stronach hit back. She says her father blew $800M on idiosyncratic and often unprofitable projects and is now countersuing him for $33M.

The Toronto Star tells us:

At the heart of the dispute lies “a fundamental disagreement over the proper test to be applied to managing the business and affairs” of the closely held Stronach Group, Belinda Stronach said in her statement of defence.  

The affairs of the Stronachs are certainly complicated.  

“The parents’ initial lawsuit described TSG (the Stronach Group) as having 253 Stronach family-owned corporations, trusts and other entities established in various jurisdictions around the world.”

In the course of the Pullano v Hinder trial we learned about the nature of Hinder’s employment with Magna and with Belinda Stronach. 

Steve Hinder: a man of many parts

After leaving the Toronto Police Service Hinder started his own consulting business and landed a contract working on “corporate security matters” for Magna. When Belinda Stronach was Newmarket-Aurora’s MP from 2004-2008 he was her constituency office manager. When she switched parties and moved from the PCs to the Liberals he followed suit. From 2006-2009 he created a security program for the Magna Campus. After Belinda Stronach left politics in 2008 Hinder became a Magna employee as Head of Campus Security. He then went on to work for Magna but in a different role – Magna for Community. He was responsible, amongst other things, for developing the Neighbourhood Network bringing together volunteers, community groups and charities.

Magna donates, on average, 2% of its pre-tax profits (the percentage varies year by year) to worthy causes in the local community. Hinder told the Court the Stronach family were “very philanthropic folks” and

“It is my responsibility to understand what the needs are in the community.”  

Eyes and Ears

Steve Hinder was and is Magna’s eyes and ears in the local community, recommending people (and politicians) for financial support though the final decisions lay elsewhere. 

It is part of Steve Hinder’s job description to keep his finger on the pulse of the Town of Aurora and, clearly, he is very good at what he does. 

Hinder sits on the Town’s Economic Development Corporation, a non-share, not-for-profit corporation which was set up last year and which

“provides strategic leadership and coordination of community economic development… to strengthen and diversify existing business, attract new business and investment, and coordinate strategic economic development initiatives within the community.”

No surprises there. Steve Hinder is very engaged in a lot of things. And that is to his credit.

But I still find it curious that he gets a bonus when the Stronach Surplus Lands are developed.

Why?

What am I missing?

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