[All] OMB Forces Urban Sprawl on Waterloo Region

Thu Jan 24 15:08:03 EST 2013

Hi folks. Regarding the OMB results that prohibited the region from forming the country side line. 

First off, the OMB isn't worth a crock of beans. None of the rulings are enforceable by any agency at all unless someone wants to challenge potential violations in a court of law out of pocket. Without access to enforcement these rulings are simply not worth the paper it's written on but it's a great way to placate the public. It should be abolished or it should be given teeth but laws without enforcement are generally fruitless tax wasting endeavours. 

Secondly, if Susan Schiller was the OMB chair, (Not sure if she was or not) than one could state there was conflict of interest because she works as a special consultant for IBI aka Paul Pupolo's company. View here: http://www.pas.gov.on.ca/scripts/en/bios.asp?boardID=682&persID=148530 For her to work on the West Side Lands OMB WAS a conflict of interest. (Land owner of Vista Hills, Louise Pupolo and her hubby Paul both worked for IBI) I complained to the Ontario Municipal Board but of course nothing came of that. They have no protocols to address it. Silly isn't it? 

Third, this appears to be a highly crafted exercise to make the region APPEAR environmental.  If the Region were serious enough to pursue a country side line based on science, all they would have to do is to seek the expansion of the Greenbelt, a law that the province actually recognizes. Instead, the Region pioneered things like the ESL which gives NO restrictions at all for aggregate extraction. The ESL boundry was created based on opinions of regional staff rather than bona fide scientific criteria. If science prevailed Vista HIlls would have been included under protection. Any time the municipality crafts a restriction, the MNR does not have to have any regard for it at all. By creating this situation, they got the OMB to in essence APPROVE these properties for expansion whereas if they attempted to seek the Green Belt there would have been no such risks of that. Mind you the effort sure look good to voters who don't understand the actual
 jurisdictional powers. 

Here are some questions to make one think:
Why did the Region NOT support a Green Belt Expansion? 
Why is the Region negating to support a Waterloo Moraine Protection Act? 
Why was the City of Waterloo and the Region against me at the OMB when all I wanted to do was to secure further scientific tests to mitigate risks that could lead to higher municipal costs?  
Where was the Region's voice during the Aggregate Act revision process? 

I've been studying the region for a LONG time and from what I've observed, I don't trust them as far as I can throw them. They have their schemes and they craft to hedge the bets in their favour. This OMB exercise was no different at all. 

If you as concerned citizens do want to get the job done, my advice is to bypass the Region all together and push for the following at the PROVINCIAL level:

1. Expand the Greenbelt to include the areas west of the proposed country side lines saying that we need the province to intervene because the OMB does not recognize the region as having the jurisdiction to apply such policy.  Contact the Greenbelt Council at : http://www.mah.gov.on.ca/Page196.aspx

2. Push for better bore hole data to identify risks using the EBR. This is CRITICAL. Comments may be made between December 10, 2012 and April 09, 2013 on the EBR website.  http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTE1ODU0&statusId=MTczNDQ2&language=e

3. Have a say in the Aggregate Resource Act review and tell them to exclude A1 Farmlands and primary recharge areas to protect our groundwater and the economic systems dependent on it. Contact tamara_pomanski at ontla.ola.org and the Provincial MNR minister mgravelle.mpp.co at liberal.ola.org 
4. Contact the Source Water Protection Committee and push for them to consider Aggregate Extraction as a risk to Water quality and water volumes: info at sourcewater.ca

5. Use the Environmental Bill of Rights to ask for an expansion of the Greenbelt, to ask for enforcement of OMB rulings, or to propose whatever policy it takes to stop the destruction of our aquifers and farmlands.  It's easy. Fill the form, mention what law it may apply too,  send in supporting materials to show the need for the law and away you go. http://www.eco.on.ca/index.php/en_US/environmental-bill-of-rights/about-the-ebr

Don't worry if they seem to ignore your concerns. Persistence pays. Keep hammering folks and don't let this little bit of theatre phase you. Instead, go higher to make changes happen. 

Lulu 

________________________________
 From: Kevin Thomason <kevinthomason at mac.com>
To: GREN <all at gren.ca> 
Sent: Thursday, January 24, 2013 9:46:16 AM
Subject: [All] OMB Forces Urban Sprawl on Waterloo Region

Good morning,

In a very disturbing ruling the OMB is rejecting the Region of Waterloo's Regional Official Plan (ROP's) attempts to curb urban sprawl and is demanding thousands of acres of greenspace be opened up for future development:

http://www.therecord.com/news/local/article/874617--provincial-tribunal-sets-back-region-s-efforts-to-curb-urban-sprawl

It is a shameful ruling from a tribunal that shouldn't exist.  Certain local developers are thrilled by the decision and are declaring a huge victory.

Twitter is rampant this morning with anger from the public that our progressive region which is leading the charge on intensification and better land-use at the bequest of the province is now being forced by the same provincial government to revert to old fashioned urban sprawl.

The Region is downplaying this decision and there is a closed door meeting of Regional Councillors (in camera) on Tuesday to discuss the ramifications.  We will likely learn more over the coming days but it could be weeks or months until we learn what greenspace is going to be redesignated and targetted for future development to accommodate this ruling.

As most OMB rulings are final and unappeallable (short of an overturn by the Minister of Municipal Affairs and Housing).  I don't think there is much we can do here other than to try to support the Region's other efforts on growth management, public transit, water, environmental protection, etc. as much as possible and still try to positively create the community we want to live in.

Kevin.

-------------------------------------

Kevin Thomason

1115 Cedar Grove Road
Waterloo, Ontario Canada  N2J 3Z4

Phone: (519) 888-0519
Mobile Phone: (519) 240-1648
Twitter: @kthomason
E-mail: kevinthomason at mac.com

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