[All] Fw: City of Wateroo putting rare species & children at risk in spite of OMB

Fri Feb 19 18:51:41 EST 2010

--- On Fri, 2/19/10, Louisette Lanteigne <butterflybluelu at rogers.com> wrote:

From: Louisette Lanteigne <butterflybluelu at rogers.com>
Subject: City of Wateroo putting rare species & children at risk in spite of OMB
To: rbartolucci.mpp at liberal.ola.org, cbentley.mpp at liberal.ola.org, mbest.mpp at liberal.ola.org, jbradley.mpp at liberal.ola.org, lbroten.mpp.co at liberal.ola.org, "ldombrowsky.mpp at liberal.ola.org" <ldombrowsky.mpp at liberal.ola.org>, jgerretsen.mpp at liberal.ola.org, ljeffrey.mpp.co at liberal.ola.org, mmeilleur.mpp at liberal.ola.org, jmilloy.mpp at liberal.ola.org, lpendergast.mpp at liberal.ola.org, mvanbommel.mpp at liberal.ola.org, dzimmer.mpp at liberal.ola.org, hhampton-qp at ndp.on.ca, gerry.martiniuk at pc.ola.org, elizabeth.witmerco at pc.ola.org, "ahorwath-co at ndp.on.ca" <ahorwath-co at ndp.on.ca>, "dmcguinty.mpp.co at liberal.ola.org" <dmcguinty.mpp.co at liberal.ola.org>, commissioner at eco.on.ca, theresa at cela.ca
Date: Friday, February 19, 2010, 6:45 PM

Dear Ministers

I beg for your help and intervention.

The habitat of the Threatened Jefferson Salamander is at risk in Waterloo by actions being done by the City of Waterloo.  Environmentally Sensitive Protected Area 19 located in the City of Waterloo's north west corner contains a wide diversity of wildlife including threatened and endangered species. In spite of their presence the City of Waterloo and Region of Waterloo approved development on adjacent lands that would degrade the habitat of these animals. For related documents of which species are involved and how the city disregarded them,  visit here:

http://www.waterloomoraineact.com/birdsespa19.htm

This forest is used by many varieties of area sensitive bird species including the endangered Acadian Flycatcher, Hooded Warblers, Red Headed Woodpeckers, Wood Thrush among others.  This area is also recharge for the Waterloo Moraine. By protecting the animals, we protect our city's water supply. Please view the attached map to see the primary recharge in this area.

I went to the OMB to secure protection for these animals and to secure proper studies and it resulted in the protection of capture zones and further studies on hydrology in the area. Please visit this link to view the Expert Minutes which the OMB recognized as the resolution of OMB appeal case #PL071044. Note the fact that ALL experts signed off on the fact the hydrological studies were insufficient:

http://www.waterloomoraineact.com/expertminutes.htm

(I refinanced my home and paid $27,000 of my family's money so we could seek compliance to provincial planning laws via the OMB.)

During the year of the OMB secured testing, the City of Waterloo and GRCA approved dramatic land augmentations and agreed to allow water diversions from Clair Creek during the retests to determine flow and flow rates to the creek. I secured the documents to prove this using the freedom of information act because the city staff refused to discuss the issue with me. To view two videos about this issue, including the feedback I received from the city, OMB and Ministry of Fisheries, please visit here:

http://www.youtube.com/watch?v=9ANg5ZL-png

http://www.youtube.com/watch?v=oBr_8y-ACIc&feature=related

The OMB stated the city was responsible for it's own compliance to the OMB ruling. The only recourse I had was to take the matter to superior court but I couldn't afford justice. 

I contacted the Federal Fisheries to complain about the GRCA's approal of the water taking.  In response the Federal Fishieries staff's Habitat branch contacted the GRCA to ask if an investigation is warrented and they said no. The Federal Fisheries admitted a violation may be taking place based on the video and documents I provided but they told me it wasn't worth investigating because it was a warm water fishery. They negated to consider the fact that Jefferson Salamanders breed in headwater areas, that they serve a key roll in the health of creek systems. Here is a PDF report from the Ohio EPA noting Jefferson Salamanders do existing in headwater areas and can co-exist with small fish.

http://www.littlemiamiriver.org/Documents/wqs/7-PHWH-Bioassessment_final.pdf

On Tuesday February 16th, I received a notice from the solicitors of the developers (former OMB chair Susan Rogers) that stated there was an OMB hearing to take place on March 23, 2010 but it did not clarify the purpose.  The case number is PL091182. 

On the OMB website it states the appeal is in regards to the conditions of approval. When I called the OMB they stated the developers were seeking APPROVAL of subdivision. I contacted Planner Raymond Borja several times and he still has not returned my calls.

I contacted city and regional staff to requesting the results of the testing my OMB process secured so I could relay the data to my Senior Hydrologist Stan Denhoed and Ichthyologist/Fish Expert Dr. Dean Fitzgerald who are waiting for these reports but the city will not provide it. The City and Region of Waterloo did invite me to a meeting scheduled for February 24th but when I asked to see the data so I could prepare, this is the response I received from planner Joel Cotter.  My written request for data for your reference. It is very revealing to see the adversarial approach that the city is taking in regards to this issue. 
____________________________________________

 --- On Fri, 2/19/10, Joel Cotter <Joel.Cotter at waterloo.ca> wrote:

From: Joel Cotter <Joel.Cotter at waterloo.ca>
Subject: RE: Request for Reports regarding OMB case PL091182
To: "Louisette Lanteigne" <butterflybluelu at rogers.com>, "KEby at regionofwaterloo.ca" <KEby at regionofwaterloo.ca>
Date: Friday, February 19, 2010, 1:25 PM

Ms. Lanteigne,

The matters considered by the Ontario Municipal Board through the original hearing PL071044 are not back before the Board.  The purpose of the meeting with Mr. Eby and I is to explain what matters are before the Board in PL091182.  

In your email correspondence, you indicate that your hydrologist and ichthyologist experts require data to assist you in preparing for this Ontario Municipal Board hearing.  To be clear, conditions of draft approval relating to "water" and "fish" are not back before the Board.  This Board hearing PL091182 has a very limited scope, and will not deal with the matters you raised at the original hearing (PL071044) regarding "water", "fish" and "amphibians".  The conditions of draft approval relating to water / fish / amphibians approved by the Board in the original hearing PL071044 stand, and will need to be satisfied prior to the Regional Municipality of Waterloo authorizing the registration of the related subdivision. 

Once you have a greater understanding of what this OMB hearing is about, you will be able to focus your requests for relevant information to this hearing, ensuring everyone's time and resources are used as efficiently as possible.  After the meeting on February 24, the City will respond to all reasonable and relevant requests for information relating to the matters before the Board in PL091182.  

I look forward to meeting with you on Wednesday February 24, 2010. 

Regards, 

JOEL COTTER MCIP RPP 
Development Services 
City of Waterloo 
tel: 519.747.8543 
fax: 519.747.8523 
e: joel.cotter at waterloo.ca 
TTY 1.866.786.3941 

From: Louisette Lanteigne [mailto:butterflybluelu at rogers.com] 
Sent: Thursday, February 18, 2010 5:41 PM
To: KEby at regionofwaterloo.ca; Joel Cotter
Subject: RE: Request for Reports regarding OMB case PL091182

Thank you for your correspondence Mr. Cotter

It imperative that I receive the bona fide scientific documents regarding the new studies conducted in the West Side Lands since the OMB hearing for PL071044. I need the data to prepare for this new OMB process if need be. At this time I have not formulated an opinion either way because I do not have any reasonable data to work with. I have approximately one month to prepare for this upcoming hearing which isn't much considering the OMB deadlines for submissions. I have experts waiting. 

Is the city in possession of any of the test documentation at this time? I have contacted Ms. Rogers with the same request however to date I have not received a reply. 

In the past when I requested documents from the City of Waterloo I had to create a motion for discovery at the OMB secure them. The second time I requested documents was from the City of Waterloo when land augmentations were taking place in Greyerbiehl. City staff refused to provide them and I secured this information by using the Freedom of Information Act. There is simply no time to repeat that process. 

If I have to secure an Order of Discovery utilizing section 87 of the OMB Act, it will result in a delay for everyone involved because I'm not making any move without my experts scrutiny.  It's not an unreasonable request to want this information. As a planner, I'm sure you would agree that it is imperative to review such data prior to finalizing any sort of plan of subdivision. It's illogical to proceed otherwise.

I am simply requesting to secure the documents prior to this meeting or at least please direct me to the person who I can.

Thank you kindly for your time.

Louisette Lanteigne

700 Star Flower Ave.

Waterloo Ontario

N2V 2L2

_________________________________

As you can see, the approach by the city is not one that is conducive to an amicable process. It appears hostile. 

Today I received a written notice stating that the City is going to build a new trail through Environmentally Sensitive Protected Area 19 adjacent to the pond that the MNR states is "The most likely habitat for Jeffersons",  The notice is in the attachment for your reference. It has no regard to the concessions won during the OMB process and ignores all the evidence confirming the presence of this animal and it violates the buffer zones established by way of the OMB process. 

The trail is a hazard for children. This is a relatively undisturbed forested ecosystem that was spared from logging due to topography. Coyotes, deer, urban sensitive bird species and several threatened and protected animals live in this portion of the forest. The risks in this area include: 

Wildlife Encounters: There is a high deer population in the area. Rutting deer are very territorial. There are coyotes, raccoons and skunks. The children will be walking the area long dawn and dusk in the winter. This is a risk. Rabies and distemper pose a risk. 

Isolation: It's a long distance to travel between residential areas and this area poses risk for children bullied along the way. If sexual predators are in the area they can easily hide and get away. 

Falling Trees: Each year the existing trails must be cleared. There are many pileated woodpeckers in this area and many branches fall during storms and windy weather. It's a serious risk with this mature forested area. 

Mosquitoes: The entire area is saturated because it naturally gathers drinking water for the Waterloo Moraine. It attracts many mosquitoes. A nearby SWM pond is a breeding ground because predatory amphibians cannot thrive in the salty water. Problem mosquitoes pose a risk for West Nile. 

It is dangerous to allow children to travel through a heavily forested wildlife area and deplorable to use them as a means of degrading the natural features of an area. 

In my view, this embodies the lowest common denominator of GREED when we sacrifice the safety of our community's children to foster pro development bias by facilitating the degradation of a known ecologically sensitive area. It makes me sick. 

The plans for this new trail are in the attachments for your reference. It totally violates city, regional, provincial and federal laws to build a lit asphalt trail with lighting through this protected forested area. The OMB already recognized the value of offsetting development away from this area by using increased buffer zones. To build a trail that breeches the buffer zones is not complaint to the OMB ruling. 

At this point I sincerely pray for your intervention. I have contacted the City of Waterloo Staff, the Region of Waterloo and the Solicitor for the developers, Ms. Susan Rogers to provide me with the data regarding the tests mandated by way of OMB process for PL071044. I need them to reasonably participate with this new OMB process case #PL091182 which is scheduled to take place on March 23rd. 

Please help to stop the trail because it is a harmful augmentation that will put threatened and endangered species at risk. The work is scheduled to take place beginning this March which will falls in the timing of Jefferson Salamander migrations.  I have notified the City of Waterloo and Region of Waterloo staff and council members of these concerns as well as the MNR staff in Guelph. 

I pray the ministries can find it in their hearts to help assure compliance to provincial and federal laws and facilitate the full disclosure of the related scientific studies that I secured by way of OMB case #PL971044. I require that information to participate in this upcoming OMB process. Any help or support you can lend would be greatly appreciated. 

Thank you kindly for your time. 

Louisette Lanteigne 
700 Star Flower Ave. 
Waterloo Ontario 
N2V 2L2 
519-885-7619
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