[All] Fw: Wilmot Line Paving & OMB concerns

Sat Aug 6 15:31:12 EDT 2011

FYI: note to Waterloo Council, Ministry of Municipal Affairs and Housing, Attorney General of Ontario etc. 

Lulu

--- On Sat, 8/6/11, Louisette Lanteigne <butterflybluelu at rogers.com> wrote:

From: Louisette Lanteigne <butterflybluelu at rogers.com>
Subject: Wilmot Line Paving & OMB concerns
To: scott.witmer at waterloo.ca, karen.scian at waterloo.ca, angela.vieth at waterloo.ca, diane.freeman at waterloo.ca, mark.whaley at waterloo.ca, jeff.henry at waterloo.ca, melissa.durrell at waterloo.ca, brenda.halloran at waterloo.ca, dcansfield.mpp at liberal.ola.org, kwynne.mpp at liberal.ola.org, jwilkinson.mpp.co at liberal.ola.org, rbartolucci.mpp at liberal.ola.org
Cc: tim.ryall at ontario.ca, cbentley.mpp at liberal.ola.org, commissioner at eco.on.ca
Date: Saturday, August 6, 2011, 3:30 PM

Dear Hon. Mayor and Waterloo City Council Members

On March 23, 2010 I was a participant in an OMB Process regarding Municipal File  30T-0540, 30T-05403,30T-97024, properties known collectively as "the West Side Lands". This hearing secured revised draft plan amendments regarding the anticipated road improvements required for the Wilmot Line. 

The Ruling is dated May 06, 2010 and on the last page of the final ruling for  OMB 
appeal PL091182 is states the following passage:

City of Waterloo Condition No. AP-G-37 – Draft Plan of Subdivision 30T-97024
Revised Condition
AP-G-37 That the Owner agrees that the City of Waterloo will not pay the cost of road
improvements to the Wilmot Line, and that the City portion of any road
improvements shall be borne by the Owner.

A PDF copy of the ruling can be seen online here: 
www.omb.gov.on.ca/e-decisions/pl091182-May-06-2010.pdf

Recently in the press, the following statements were issued: The passages taken from the reports have reference to the attachments, which are copies of the
 related published articles for your reference. 

-The gravel road is owned by Wilmot Township but is partly maintained by the city.
see attachment: Record_July18

-Waterloo does not own the Wilmot Line but maintains it in winter. 
-Subdivision developers are paying the $180,000 bill to pave Wilmot Line.
see attachment Record_July20

-The City of Waterloo shares maintenance costs, but it will not be responsible for any money spent paving the road, said city chief administrative officer Tim Anderson. 

-Director of transportation Phil Hewittson said last week the township called to request the city help fund the paving. He refused. “I didn’t know they were actually going to proceed, I thought the fact we weren’t going to pay would deter them,” he told
 councilors.see attachment Chronicle_July19

In light of these articles, as well as the May 6, 2010 OMB ruling for PL091182, I have the following questions which I would like written responses to:

1. Why was Wilmot Township and their taxpayers not represented or included at the OMB hearing PL091182 regarding amendments specific to Wilmot Line, a property they own? 

2. Why did the Director of Transportation,  Mr. Hewittson stated to council “I didn’t know they were actually going to proceed, I thought the fact we weren’t going to pay would deter them" when clearly the OMB ruling issued last year on May 6 2010 secured:  that the City of Waterloo will not pay the cost of road improvements to the Wilmot Line, and that the City portion of any road improvements shall be borne by the Owner. 

3. Was Mr. Hewittson, in anyway informed of the OMB ruling for PL091182 
prior to making his statement as noted in section 3?

4. Who's responsibility was it to inform Mr. Hewittson of the draft plan amendments secured by way of OMB case PL091182 specific to the details of funding of the City of Waterloo's portion of the Wilmot Line improvements?

5. In light of the conditions of OMB ruling PL091182, is it truthful and reasonable to state that the $180,000 paid for by the West Side Lands Subdivision Developers to pave the Wilmot Line represents "the City of Waterloo's" portion of the paving? 

6. In light of OMB ruling for PL091182, that the Board clearly recognized the fact that the City of Waterloo shares a joint responsiblity in the planning of the Wilmot line, that the City of Waterloo has maintenance costs associated that will be paid for by the developers.
What evidence exists to show the City of Waterloo endorsed the recent paving of the Wilmot Line?

7. Has the City of Waterloo filed a
 certified copy of the ruling for PL091182 with the superior courts? If so the paving of the road without the endorsement of city staff may be viewed as contempt of court. 

Wilmot Line Road marks the western boundary of the land granted to the Six Nations in the late 1700s. It is a heritage roadway, designed for horse and buggy not cars. The roadway runs through hummocky lands with bad sight-lines overtop areas of primary recharge.  The road runs though Regionally protected forests identified as breeding locations for area sensitive endangered birds species and threatened Jefferson Salamanders. The road runs over top Monastery Creek, a cold water trout habitat and commercial fishery. This road work logically should have been subject to a class EA schedule C process but before any transparent public process took place, the paving happened. 

8. What legal recourse can citizens, the City or Province take to address matters of this
 nature?  Who is responsible for enforcement when actions like this take place? 

9.The OMB mandates the City is responsible for compliance to OMB rulings but if the city takes a "Do nothing" approach is that considered an act of compliance or does it legally make them an accomplice to this act?
"All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke) 
Thank you kindly for your time

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

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