Vaughan ethics probe says Di Biase acted ‘improperly’ in land deal
City’s integrity commissioner issues interim report finding the veteran politician “used his position to improperly influence” decision on development of environmentally sensitive land.

TheStar.com
June 14, 2017
Noor Javed

Another day, another ethics investigation in Vaughan.

In her second probe into former councillor Michael Di Biase in as many months, the city’s integrity commissioner Suzanne Craig, found the veteran politician “used his position to improperly influence” the decisions of city officials and those with the Toronto and Region Conservation Authority (TRCA) to assist a local landowner in getting approvals to develop on environmentally sensitive lands.

Di Biase, who stepped down last month after decades in office, held a seat at the city, at the Region of York and was the vice-chair of the TRCA, an agency responsible for advising municipalities on the protection of lands.

Craig’s findings allege that Di Biase contravened the city’s code of conduct around the “improper use of influence” after he gave inaccurate information to decision-makers on each board that led to an outcome in favour of development at 230 Grand Trunk Ave. in Maple.

“My preliminary findings point to the respondent having attempted to improperly influence the decision of the council of the City of Vaughan by inaccurately conveying the position of the TRCA and suggesting that the TRCA had withdrawn its objection to the development when it had not,” said Craig in an interim report posted online Tuesday, which will be brought to council next week.

“My preliminary findings further point to the respondent’s subsequent attempt to improperly influence the TRCA Board,” she said.

Contacted Wednesday, Di Biase said he delivered his response to Craig on Tuesday, and “will make it available” after Craig’s final report is published. He said he did not want to comment until then.

In the report, Di Biase said that while “disagreement between members of the (TRCA) board may occur on occasion” it does not mean they “were misled in any way.”

Last month, the veteran politician resigned after an unrelated ethics probe by Craig found he had sexually harassed a city worker. Di Biase has maintained his innocence throughout.

The Star has reported on the controversy around the lands at 230 Grand Trunk Ave., which had long been considered to be environmentally sensitive by the city and region. The previous landowner, Eugenio Iacobelli, had even been required to pay a fine to the Region of York after he chopped down a woodlot on the lands, frustrated with his inability to develop the lands.

After Iacobelli died, the property was bought by developer Cam Milani. Soon after, the city told residents that an Ontario Municipal Board settlement had been reached to allow for part of the land to be developed.

Milani has not been named in Craig’s report, and there is no evidence of wrongdoing.

After years of support from the municipality, residents wondered how the land, which had been considered off-limits for decades, managed to get a stamp of approval from the TRCA and the City of Vaughan.

The unidentified complaint alleges Di Biase, who was vice-chair of the TRCA at the time, “improperly used his influence” to convince fellow councillors during a June 2015 closed-session meeting that the TRCA had no outstanding concerns about the proposed development of 230 Grand Trunk Ave. The complaint alleges that Di Biase then inaccurately suggested to them the TRCA was likely going to withdraw from a pending OMB hearing.

Craig’s investigation, which included interviews with 15 people from the city, York Region and TRCA, as well as audio recordings, documents and emails, sheds some light as to what took place behind closed doors.

According to Craig, the TRCA told residents that it opposed the developers’ appeal but that it was “working towards a settlement that would address the outstanding environmental concerns.”

But on the day of the settlement, the TRCA said it was “placed in the unique situation” of attending an OMB hearing without any support from the city, municipality or regional partners.

Thus, as a member of the city and region councils and the TRCA, Di Biase, the investigation alleges, said “inaccurate” and “misleading” things about what the municipality could do, or planned to do, in order to influence the outcome of the OMB decision.

“Despite the respondent’s attempts to persuade the TRCA to withdraw from the proceeding, the TRCA board continued to oppose the appeal,” Craig wrote. At the same time, Di Biase told residents the “city’s hands were tied,” suggesting that the city had no say or influence in the settlement deal, which was not true.

Di Biase was also in “the unique position of being able to vote on a decision to enter into a settlement agreement with the landowner of the proposed development, and being on the agency that had responsibility for advising municipalities on what lands should be protected,” she said.

Because Di Biase is no longer a sitting member of council, Craig is unable to recommend a sanction. The report will come to council next week.

Despite his resignation after the sexual harassment allegations, Di Biase is still entitled to severance, the city has confirmed. It has not yet said how much he will be getting in the payout.

This is not the first time Di Biase’s actions have come into question. Two years ago, another probe by Craig found he used intimidation and abusive language to pressure city staff who opposed his interference in the city’s tendering process and his efforts to secure municipal projects for a local contracting company.