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Scanned or retyped copy.  If there are errors, please e-mail me with corrections:
Opening comments:  More at the end.

    The Feb. 10-04, letter to the Ontario Municipal Board (OMB) member hearing this matter.  The years of City abuse, harassment and denial of service have paid off for the Mayor Hazel McCallion.  The Queen of Urban Sprawl has harmed our effort to the point where we could not respond fully to the treat she posed to our community and the Cawthra Bush.

    However, a binder with about 3 inches of documents was presented, many of these are stand alone documents that refer to the Cawthra Bush or about the impacts of urban development on natural areas.  For a person who truly cares about the environment there is enough to give the Cawthra Bush and the community that protects it, special consideration.
But we are talking about the OMB.

    Details of how the City has abuse and harassment and the denial of service used to keep taxpayers out of the planning process were also provided, including the unlawful actions by City staff.  If the OMB does not restart this development Application and recommend that the City be fore coming with both its records and service, then the OMB will be setting the most dangerous of legal precedence of all that a City can use unlawful methods to keep Ratepayers groups both ignorant of the facts affecting their community and withholding necessary services - thereby keeping them meaningfully out of the decision making & Planning process, affecting their community.  I would say that the OMB will approve the City's use of unfair and unlawful methods, as the OMB member hearing this case is an ex-City of Mississauga Councillor who has in the past helped the City screw us and the Cawthra Bush.




Ontario Municipal Board (OMB)
ATTN: Hearing Member.
655 Bay Str., Suite.# 1500
Toronto Ont.

RE:         OMB File.# PL030312
                Official Plan Amendment and Rezoning Application.# OZ 02/023 W1.
                1619, 1623, & 1635 Northmount Ave. and lots 15 and 16, R.P. 308
                L. Smith in Trust for Moldenhauer Developments Ltd.

Dear Board Member:                                                                             Feb. 10, 2004

     The Cawthra Bush needs special consideration and the affects from this and the development that will follow needs to be considered in this OMB Hearing.  Both the developer and the Mayor have stated the Northmount area is to be in some many words eliminated, a community wiped out, a community that is the buffer for the Cawthra Bush.  This is from the minutes of the Jan. 12th, Planning meeting dealing with the Northmount issue that I have been given.  The Mayor, "pointed out that as the City moves into another phase of growth, redevelopment of existing older uses will occur and residents must be prepared to accept more such changes in the mature areas of the City."  More quotes from the developer are below but it is clear we are talking about more then one townhouse subdivision, it is the elimination of the Northmount community and the Cawthra Bush!

     Peter Lyons, the City's Urban Ecologist has said, Cawthra bush be pounded into the ground by the surrounding development.  The Cawthra Bush has both Provincially and National significance due to the species that live in there.  In fact a new species of concern has been found!  The existing character of the community  (deep & wide single home lots), has protect the Cawthra Bush and must continue to do so, for the Cawthra Bush to remain a Natural Heritage treasure for future generations.  The Northmount community is a success story of an urban community living along side an Old-growth ecosystem.

     We need to focus on the long-term implications of allowing such high density, as it sets a precedent in the area.  Smartgrowth should be 'smart', not just 'growth'.  The purpose of SmartGrowth is to ensure environmental considerations and community needs are met, with emphasis on community involvement in decision-making as a priority, not just allowing high intensity redevelopment everywhere.  For that reason the OMB must give us the chance we need to save of community and the Cawthra Bush.

- 2 -

     To date the City has with held many records from the public view about the cawthra bush and this development and the developer has not yet at a single meeting presented all aspects of development.

     Given the fact the whole community is on the line, that one of the most environmental significant places in Mississauga is endangered, that I am physically beyond my limits (more below) and the very idea of fairness to the taxpayers (facts being withheld) is called into question, I ask for that the following be considered.  There are three ways that this matter could be dealt with.

1).    A 2 months extension be given to me to write up a proper submission for the CRRA.
2).    The developer is told to restart the process and submit all plans at the outset.
3).    Rule that single homes only be allowed in order to protect the cawthra Bush and the
        Northmount  community, or its Character, as it is in the City's own Official Plan.

     I can not address all the issues in this matter properly in the time afforded me or our groups.  A person should not have to work full time on making submission to the OMB but it has turning out to be the case and the energy to make the effort has left me.  Not only must I make a lengthy written submission but I must carry out my duties to the community as best I can.  To inform them of the issues and meetings and currently there is little help.

     The reason for limited help from the Community is the level of hostility from the City, to the point where I feared for the safety of not just myself but for supporters.  There are many examples to show that I was being for lack of a better word framed by the City, false records being created to justify the City getting tough on me and those who oppose it. Things that would never been done if we could afford a lawyer.  This endangered others as well.

     Feb. 25 - 2002 - An UFMAC meeting is cancelled due to lack of quorum, as there was no
City Councillor who could attend this meeting.  Circumstances similar to this have happened in the past when the City thought it could be caught off guard at an UFMAC meeting.  The Green party was expressing the interest to attending this UFMAC meeting and requesting that UFMAC recommend to  City Council that records regarding the Cawthra Bush and Jefferson Salamanders be provided to it so it could review the City activities.  I was assaulted by City security guards as they ordered me out for no good reason and the lady who was with me, a senior,  cried out in shock and pain & was hurt, a bit, as City security pushed me from behind on to her.

     The time to present our case has run out due to the work done on other related matters, I can't even properly list them as no time.

1).    Environmental and scientific reports are being found an the under studied issue, how urban
        development affects a local environmentally significant area.  Not enough time to fully review
        the material or even afford to print it out.  Some material likely not reach me till after Feb. 10.

2).    Effort to do community out reach and restart community group in too little time.  Was letting it
        fade away due to life threatening actions by City.

3).    Trying to remove barriers to my access to City staff and get reasonable participation in the
        planning process regarding this matter by appealing to the Information and Privacy
        Commissioner.

- 3 -

3).    Burn-out from years of City harassment, my health is failing me, hands hurt, eyes hurt and
        back. No energy or motivation, sad to say it has finally worked & it is the reason why the City
        does it.  Review of City past actions opens old wounds and depressing to relive what is done
        to those with no lawyers.  Physically worn out.

4).    The time of year, the cold and holidays made it the hardest to get anything done.
 

Developer's Quotes;

- "no body likes change", "Actually this is quite a low density in today's standards",

- "market will dictate what is there",

- "it is truly a transitional area, we recognize that.  And in fact part of the risks with this site is that it is a transitional area.  And that you have some of you know the older housing stock, older housing product, that, you know, in the area as generous as this, it is natural for them to be redeveloped.  And I think actually under Mayor McCallion direction she, she likely to encourage developers and communities to look at planning that just goes beyond one lot at a time, so it takes into account the merits of a particular area.  This site is fantastic. It is truly fantastic, given the depth of the property, the previous use, the contamination on the site, I mean, truly it is going to be a great benefit to the community when it is done."

- "The other thing to, just to take into consideration is that the Official Plan in most areas where the Official Plan is in (?) the sort-a last 7 to 8 years, is that they are looking intensify these areas.  They are recognizing the fact that you have areas like this, with very large lot sizes and it is not natural that those lot sizes are going to be maintained over X period of time.  So it is actually these types of development, Smart Growth, I think it is how better referred to, intensification under the Smart Growth policies.  It is these kinds of developments that are going to enhance those kinds of amenities, because you are going to be bring more people who can use the services and hance justify an actually bus route along there.  I am not suggesting this one by itself is going to do it but certainly with time, it is."
... "Again, I share your sympathy because we are talking about issue of change that's different then what you have",

About the affects to the Cawthra Bush
- "it is not a part of our development, we don't look to infringe on the park as a part of the development.  Aside from the additional use that perhaps comes from more bodies being in the immediate area but I do feel that is going to be inevitable, dealing with lot sizes and I can tell you this is not the only application you are having to deal with in the Ward.  You are in a Ward that has extremely large lot sizes."

- 4 -

From the Mayor;

That the OMB WILL approve this matter.

That the Urban Forest Management Advisory Committee all resigned because of me and that Committee is gone.  How can a City in this day and age call its self environmental responsibly after doing that?
 

Some further words about Cawthra and the water table.

    This decision to increase density will also allow for more impervious surface cover, i.e. pavement, which could cause a major problem with the swamp, i.e. less groundwater infiltration to feed into the swamp.  Setting this precedent of intensity now will not bode well for the continued high quality functioning of the Cawthra Woods, which is an old growth swamp. Recent studies suggest building to no more than 10% impervious surface cover (i.e. rooftops and pavement) over the land in order to retain high quality function within watersheds and a naturally occurring drainage pattern via groundwater flow. Should use the Toronto report to validate what Mississauga needs to face up to. It will cost Toronto billions to clean up their rivers.  The Plan Toronto has is long term and has some good suggestions on what Mississauga needs to avoid doing in order to ensure it doesn't run into the same problems in future.

    With the past degradation of the woods via inadvertently artificially draining the swamp via a ditch put in place parallel to the swamp, further changes to the hydrology of the area through redirecting groundwater away from the swamp through reduced infiltration (i.e. more intensified development) will negatively impact the swamp.

     I am willing to discuss my letter with you, in case the wording seems a little ambiguous or you want a request explained. My phone number is (905) ******** & e-mail donbar@arvotek.net. 

Sincerely yours, Donald Barber, President, FCB & Chair, CRRA.


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