[All] Fw: Land modifications on Vista Hills

[Louisette Lanteigne]

FYI

--- On Mon, 11/22/10, Louisette Lanteigne <butterflybluelu at rogers.com> wrote:

From: Louisette Lanteigne <butterflybluelu at rogers.com>
Subject: Land modifications on Vista Hills
To: jcotter at waterloo.ca, "Kevin Eby" <KEby at regionofwaterloo.ca>
Cc: commissioner at eco.on.ca, david at donnellylaw.ca, editorial at waterloochronicle.ca, jouthit at therecord.com, lhaddrall at therecord.com, Tim.Ryall at ontario.ca, ken.cornelisse at ontario.ca, theresa @cela.ca, maureen at cielap.org, elizabeth.witmer at pc.ola.org, rbartolucci.mpp at liberal.ola.org
Date: Monday, November 22, 2010, 11:40 AM

Hello 

Today as I was driving along Wilmot Line I noticed land augmentations have begun on the Vista HIlls property of the West Side Lands and I wanted to inquire if this activity has been permitted by the City of Waterloo or the GRCA. If so I would like to secure copies of the related permits and supporting documents to clarify exactly what is taking place.

To date I have not secured any evidence to show that the conditions of the OMB expert's meeting have been met. The Experts minutes are Exhibits 8 and 9 of the West Side Lands OMB hearing case # PL071044 . To view exhibits 8 and 9, please visit here:
http://waterloomoraineact.com/expertminutes.htm

In the final OMB ruling of the West Side Lands OMB case 
              PL071044 states clearly: The conditions referenced in Exhibits 8 
              and 9 are acceptable and will stand.

In my view the tests were to determine the "existing" hydrological information. Any augmentation of the properties prior to the completion of the tests will not reflect the conditions of the lands that "existed" during the OMB process. It would be unreasonable to assume augmented properties would reflect the same flow and flow rates as the lands left intact at the time of the ruling which is why I am very concerned about the ongoing activities taking place on site. The work on Greyerbiehl property began months after the ruling took place and I've chronicled some of these activities at the following link:

http://waterloomoraineact.com/ombcompliance.htm

I would like to secure the evidence showing the results of the completed mandated studies. I would like to know the dates and times of when the studies were initiated and completed
 and secure final copies of the end reports. If these documents cannot be reasonably provided I would like a written explanation as to why they cannot be provided.

I have taken the liberty to share this correspondence with individuals who may be interested in the merits of this issue because currently, there is no reasonable way to secure compliance to OMB rulings outside of the courts which is a daunting task to take on seeing that my family spent $27,000 to secure the ruling we did. My family is basically living in a state of constant debt because of this. 

Unlike the developers, every penny my family spent, we had to pay taxes on and the interest rates are still being added to the loans we secured to pay for this. For my family, the bill is constantly rising. This fiscally hurt my family and the duress of witnessing what appears to be the city's non compliance is adding a great deal of stress for us. We worked very hard to secure the
 ruling and endured threats of costs and worked many hours to assure policy compliance. The province issued a fair and reasonable decision, one that we were very pleased with, but to witness what appears to be non compliance on the part of the City is absolutely devastating. We had such hope that the studies would take place on the unaltered lands. 

We secured the ruling in good faith, to assist our community in building a safer development by securing reasonable studies to mitigate risk and to protect our community's water resources in compliance the PPS. My husband and I did this because we care about people and the long term welfare of our community, fisheries and rare species.

The OMB holds municipalities responsible for their own compliance to OMB rulings so prove to me and these good people that I've cc'd that the city has reasonably met the conditions of the OMB ruling. Prove it with dates, times and end results. 

If this
 issue has proven itself to have been non compliant, than I would like to request from those who I've cc'd, changes at the provincial level to secure that a reasonable and affordable measure of enforcement be established to allow citizens the right to go to the police to press charges when compliance is not met. That the costs of seeking compliance to OMB rulings not fall upon those who have already made the fiscal sacrifices to secure a fair and reasonable ruling. 

Thank you kindly for your time. 

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