The challenger in Burlington’s Ward 1 race for city council believes that the incumbent’s conflicts of interest are “a concern for everyone in the ward.”
Robert Radway offered the comment after news broke this week that the city’s integrity commissioner told Councillor Kelvin Galbraith that he cannot vote on Issues related to the future planning of Aldershot’s Major Transit Station Area (MTSA) because he owns property in the area.
“You are required to recuse yourself from the discussion and voting on consideration of the Aldershot GO MTSA. This includes refraining from participating and attempting to influence the outcome during the open house and other occasions at which the public, staff and members of council are contemplating proposed policies affecting the Aldershot GO MTSA,” wrote the integrity commissioner in March.
The planning and development of the MTSA is considered by many to be the number one issue in Aldershot.
The news of the restriction on Galbraith broke after long-time City Hall watcher Tom Muir, an Aldershot resident, gave a copy of the integrity commissioner’s report to the Burlington Gazette.
Galbraith had actually initiated the contact with the integrity commissioner in February. He was seeking advice on how to handle the situation as city planners were getting increasingly detailed in their studies of the area around the GO station and Waterdown Road. Galbraith, who owns three properties near the corner of Plains Road and Waterdown Road, wanted to know the extent of any conflicts.
The integrity commissioner advised the councillor that his properties “clearly fall within the area being contemplated as the study area,” and therefore a conflict would exist.
“In light of the more granular level of detail now under review [by city planners] which includes proposed changes to land uses which have a direct effect on the potential uses of your properties…two of your properties are, in fact, vacant and you are awaiting planning changes to enable redevelopment, with possible land assembly to enhance the opportunities. It would be reasonable to characterize you as an investor in the area, whose investment return will be realized through redevelopment… .”
Galbraith has in fact declared conflicts of interest on two occasions related to the MTSA. One about an apartment building near his home (also in the MTSA) and another related to a tall building proposal near his business. He says he has not declared any more conflicts because the MTSA planning process has slowed and there has been no need yet, but “if and when that item returns to an agenda at some point,” he will follow the advice of the integrity commissioner.
Galbraith claims that he has knocked on 4,000 doors during the election and heard no complaints about the proximity of his property to the developing MTSA.
Mr. Muir, a very well-informed citizen, also alleges that Galbraith has a letter of intent with EMSHIH Developments. EMSHIH is a land owner and property developer in Burlington. Galbraith says this is simply a right of first purchase should the property ever be sold.
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The entire matter has highlighted the ongoing tension between City Hall and the Burlington Gazette. The Gazette is an online news source that has operated successfully in Burlington for over a decade, but not without controversy.
In response to the Gazette’s request for an interview, Galbraith took the offensive, which was actually published by the Gazette.
“I am hesitant to do an interview with you this close to the election. The Gazette is full of your critical opinion of my fellow council members and staff of which I would be happy to be excluded from. Most of my colleagues no longer speak with you or do interviews so help me understand why I should at this point? For me at this point, no news is good news,” as published by the Gazette.
Later, in an email to other media, Galbraith said the entire episode is politically motivated.
“Why it [the integrity commissioner’s report] was shared with the Gazette in an attempt to tarnish my reputation and hurt my election potential is an example of just how targeted councillors can be during the election period. It is truly a shame that articles would be written about this situation during this time that are false and misleading.”
The municipal election is Monday, October 24. Galbraith is seeking his second term. He is being challenged by Robert Radway.
