Some of the details of this letter are not being published at this time. They have been notes with these *** & ...
The most important detail to remember about D. J. Culham's involvement is that he was not the original OMB member who was dealing with this case. That it was only after I wrote this letter, the OMB member who was dealing with this matter stepped aside. In other words, an effort was made for him to deal with this matter and the OMB was aware that Mississauga's politics were involved in this OMB Hearing before hand.
How is it
that the one person that would stand out in most peoples mind as being
the person who could have a bias or conflict be allowed to deal with this
case?
Maybe,
the Mayor, Hazel McCallion, who has for some reason been fighting for this
development like it really meant something to her, has got the fix in and
the outcome is known to her. From
the Jan. 12th, meeting.
When I wrote this letter, I used
the term "Conflict of Interest " to cover all the bases. In fact
the OMB has Conflict of Interest & Bias and defines them differently.
Found that out later. What is being noted about D. J. Culham is more
in keeping with Bias. In the near future when I fully account for
why he was totally unsuited to hear this matter and the correct terms will
be used. None-the-less, even if the correct terms were not used,
anyone concerned about fairness in government hearing would see enough
to be gravely concerned.
Ontario Municipal Board (OMB)
ATTN: M. Hubbard, Chair - Ontario Municipal Board and Board of Negotiation.
ATTN: Joanne Hayes, Senior Case Manager.
ATTN: D. J. Culham, Board Member.
655 Bay Str., Suite.# 1500
Toronto Ont. Fax.# 416 326-5370
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.
RE: For the
record and request for action.
Conflict of Interest and the less than factual testimony ****
Dear Board Members: Feb. 11, 2004 - # 2
In today's Hearing, ... gave testimony from the witness stand to the effect
that detailed site plans were on view at the Feb. 4th, public meeting.
Thereby contradicting my assertion
they were not. In fact, .... but when I asked to see the site plans
... they were not offered. Further more, the detailed site plan,
part of which is included in my submission showing the "GARBAGE PICK UP
AREA" beside the "AMENITY AREA",
were not on display. This is a key issue, that the facts are
being withheld by any means possible to the developer and especially the
City. To keep the taxpayers from being meaningful involved.
The City and the developer wants this
townhouse subdivision, not the
residents!
D.J. Culham is in a conflict of interest as the judge for this matter. During the Hearing on Feb. 10th, I submitted to the Board Member, Mr. Culham, that he was in a conflict of interest, he did not deal with the issue at that time. So I am reminding him of the issue and inform the rest of you of it. I spoke to Mr. Culham right after quitting City Hall, at which time he clearly stated that he would never be sitting on a matter dealing with the City of Mississauga as it would be a conflict of interest. That pressure can be easily be applied by the Mayor, by way of her control over the many project he undertook during his terms in office as a City Councillor. Like to the Culham trail or to his many tree plantings or parks he is so proud of. Also, as he would be dealing with City of Mississauga staff and this could affect his judgement.
- 2 -
That his years of involvement in dealing with the Cawthra Bush and drafting
its Forest Management plan would not make him impartial to this issue,
as he would in part have to judge his own past actions. That for
years we were on different sides in the City Council chamber and Urban
Forest Management Advisory Committee (UFMAC), to the point of there being
letter writing duels taking place in the local newspaper between us, would
this not taint his judgement? Or his involvement be unwise?
That my criticism of the
Culham trail, which he took very
personally, is not likely forgotten. That his eyes are not fresh
to this matter. To name just a few reason why he should not be the
Chair for this matter. Being above even the appearance of a bias
is as important is a key issue and most people I have spoken to are utterly
astonished to see him sitting at this Hearing.
What I saw in today's OMB hearing was very similar to what took place as he sat on the City's Urban Forest Management Advisory Committee, at its Nov. 6/95, meeting, dealing with drainage and hydrology issues at the Cawthra Bush. The City created minutes of the meeting, leaving out important details such as the evidence presented and it implications. The professional the City hired to do the review of drainage and hydrology issues, had his comments censored so statements or warnings that he made or comments like he did not know something, were left out. This was acceptable to him.
The watertable is the life blood for the Cawthra Bush and anything less then being sure by way a full review of documents by all parties is unacceptable and endangers the Cawthra Bush ecosystem.
That at the UFMAC meeting, Nov. 29/99, at the Lucy Turnbull Auditorium,
Cawthra Seniors Centre, there was a large public meeting for the passing
of the Forest Management Plan for the Cawthra Bush. At this meeting
he spoke up to ensure that a key video tape showing the water being drained
from the forest, toward CN railroad was not be shown during the meeting.
Not considered during the proceedings, to avoid the issues it raised.
I video taped this meeting and now have a web-site big enough to post such
things, so the whole world can judge his actions. I can assure you
more can be presented from all the heated letters he wrote me, more then
enough to convince most reasonable minded persons that he should not judge,
me
or issues I am tied to.
Therefore Mr. Culham should be remove from this matter as soon as possible to maintain the good name of the Ontario Municipal Board.
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 ...
Sincerely yours, Donald Barber, President, FCB & Chair, CRRA.
PLEEASSE SIGN OUR PETITION
It will make a difference!
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