[All] Fw: Meeting of the Experts requested

Thu Jun 24 22:53:47 EDT 2010

--- On Thu, 6/24/10, Louisette Lanteigne <butterflybluelu at rogers.com> wrote:

From: Louisette Lanteigne <butterflybluelu at rogers.com>
Subject: Meeting of the Experts requested
To: "Jan d'Ailly" <jdailly at city.waterloo.on.ca>, "Diane Freeman" <dfreeman at city.waterloo.on.ca>, "Brenda Halloran" <bhalloran at city.waterloo.on.ca>, "Ian McLean" <imclean at city.waterloo.on.ca>, "Karen Scian" <kscian at city.waterloo.on.ca>, "Angela Vieth" <avieth at city.waterloo.on.ca>, "Mark Whaley" <mwhaley at city.waterloo.on.ca>, "Scott Witmer" <switmer at city.waterloo.on.ca>
Date: Thursday, June 24, 2010, 5:42 PM

Dear Council members

The OMB ruling for OMB case PL071044 states on page 7 and 8 that exhibits 8 and 9 "Will stand" as noted on page 7 and 8 of the December 13th, 2008 final OMB ruling. 

To view what the OMB identified as exhibits 8 and 9 visit here: http://www.waterloomoraineact.com/expertminutes

The expert minutes clearly states in Amphibians section 1 that there is to be no alteration of the flow of water to ponded features in ESPA 19. To view the work on Greyerbiehl that has since violated that condition, view here: 

http://www.youtube.com/watch?v=MLnzrAUFji8

To view the significant land augmentations and water diversions from Clair creek as permitted by City of Waterloo staff prior to the completion of the OMB mandated testing, visit here:

http://www.youtube.com/watch?v=HVOst2ubQ0I 

Prior to the city's approval the construction activity which took place on Clair Creek Meadows and Greyerbiehl, the GRCA documents secured by FOI clearly stated this activity would involve grading, cut and fill and water diversions from Clair Creek. It is reasonable to assume that the city planners read the GRCA's approval before issuing the permit to allow the work on Greyerbiehl. If you request a copy of these documents, I can provide.

When I spoke to the OMB, they stated the responsibility of OMB compliance is the Municipality's. The developer's experts can say something is fine to do but unless it is compliant to the ruling of the OMB, the city should have not signed off on it. That is what OMB staff stated to me in August 2009 when I met with staff.

In the attachments are documents secured by way of the Freedom of Information Act that clearly shows how city staff had no knowledge if the OMB mandated tests even took place prior to permitting the Greyerbiehl construction activity. The construction began in August 2009. 

If you view the attached documents, you will see how the developer's experts used "bore holes" instead of installing a mini piezometers to assess impacts to the water. This is unacceptable.

Mini piezometers cost about $100 each and they were to be installed in the creek to determine flow and flow rates, to take a 12 month creek analysis and to resolve multiple issues related to OMB appeal PL071044 as noted in the water expert's minutes. They look like this when installed:

http://www.connectedwater.gov.au/gallery/albums/album04/DSCN2314crop50.sized.jpg

My senior hydrologist Stan Harden stated, "Had they installed the mini piezometers in the creek and waited one year we would not have an issue. But now things are very complicated."  In his view the hydrology of the area has been significantly altered. Construction work on Greyerbiehl began just 8 months after the ruling without the data from the mandated mini piezometers. 

My fish expert, Dr. Dean FItzgerald stated the construction work that took place is a "Blatent breech of the Federal Fisheries Act." 

Canadian Environmental Law Association, Ecojustice, Environmental Defence and the RCMP have reviewed this issue. They support the merits of the case.  I also had a two hour meeting with the RCMP and secured a copy of the transcript. I've also spoken with several solicitors in regards to this who were recommended to me by various groups. I am being encouraged to sue the City for Contempt of Court because this would be the first court hearing regarding a city violating an OMB ruling.  

The damages have been done. The evidence is in video, photos and the documents secured by FOI as well as the OMB ruling. There is no plausable deniability. These concerns were voiced to the city, region and ministry officials.

Either we have a long drawn out court process, which will be costly and time consuming, or we can focus our efforts collaboratively on facilitating an amicable resolution in order to make amends for the non compliance exhibited. Even if the matter were to go to the court, this is the measure they would advise we take so I'm extending my desire to facilitate that in good faith now. It's logical and more cost effective for everyone to go this route.

I would like the city of Waterloo to facilitate another meeting of the experts in order to plan a strategy to mitigate the damages that have taken place. Since the city apparently failed to have regard to the ruling, I would like the city to compenstate my experts for their time. 

I would like to secure a site visit by the experts to reassess the area in light to what has happened and to see if we can facilitate a mutually amicable way to reduce further risks. My experts, Dr. Dean Fitzgerald and Senior Hydrologist Stan Denhoed of Harden Environmental are the two I would like the city to sponsor for inclusion, and I would like MNR's Ken Cornelisse and Lisa Bulford of the GRCA to participate as well.  

The GRCA were not privy to the previous experts' meeting regarding the OMB appeal but they should be included because their input is part of this planning process. They need to see what has taken place and what roll they can play to help remedy this situation in order to mitigate further risks to our surface and groundwater resources in this area.

There must be accountability for what has taken place and we must facilitate a review of this issue in order to prevent futher damages. This situation must never be repeated otherwise it sends the message that OMB appeals can simply be ignored. 

It is also imparative that the city secure an integrity commissioner to help the public address issues of this nature. 

I have mentioned this concept verbally to City of Waterloo's Joel Cotter who stated by email today that Development Services has declined this request. I would now like to approach council to consider this same proposal.

It's the last step I'll take before I proceed to the courts with this. 

Yours in good faith,

Louisette Lanteigne
700 Star Flower Ave.
Waterloo Ontario
N2V 2L2
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