There is a serious issue with how local environmental decisions are made. I speak from experience...
In response to your story this morning about the Carp River ³Restoration² project. In 1995, the provincial government downloaded the responsibility of funding conservation programs to local municipal governments. Since that time, the staff in Conservation Authorities, most notably the General Managers have had to work very hard to maintain any funding for all the work they do. They are responsible for forestry, fisheries, water quality, and wildlife and typically do some very good research and scientific work in this area. BUT - I currently work at a Conservation Authority and I can tell you - that more often than not- the studies are pushed aside in favor of development in order to keep their funders happy. How can you blame them? Every year - they have to fight hard to keep their funding from local municipalities in order to stay alive at all, and keep staffing the people that do the good work that gets ignored...Interesting dilemna isn¹t it?
I contact you because there needs to be a lot more public information and media attention on this issue. The general public assumes the government is looking after these things. In fact, these very important decisions about where to build, what wetlands to protect or destroy, what forests to cut down are made by municipal representatives that we all know are determined
to keep their developers happy.
After the fall out from the Walkerton incident and the subsequent inquiry - they decided to put in some legislation about protecting our Source Water. This very important, multi billion dollar project has been handed down to conservation authorities for local management. So - we now have to trust our conservation authorities for maintaining the quality of our drinking water. I am afraid for what this means to Ottawa¹s residents. Sewage back up, agricultural and development run off, proof management - all have a major effect on our health and futures, when you consider water is the seed of all life.
We need to look at how these important decisions are made. I encourage the media to dig deep into not only this Carp River issue, but also the Leitrim Wetlands and other development projects around Ottawa, and specifically at the source of the decisions. There are public records and minutes on these board meetings and good reporter might find some interesting conflicts of interest that need to be made public!
October
9, 2006 Hon. David Ramsay Minister of Natural Resources Whitney Block 6th Flr Rm 6630 99 Wellesley St W Toronto ON M7A1W3 By Fax: 416-314-2216 Mr. Dick Hibma Chair, Conservation Ontario Box 11, 120 Bayview Parkway Newmarket, Ontario L3Y 4W3 By Fax: 905-895-0751 Re: Mississippi Valley Conservation Authority Supplementary to October 1, 2006 Request for Operational Audit of MVCA Dear Minister Ramsay & Mr. Hibma: Further to my October 1, 2006 submission requesting the Ministry of Natural Resources and Conservation Ontario to conduct an operational audit of the Mississippi Valley Conservation Authority (MVCA), I wish to bring to your attention some supplementary findings as a result of news coverage of my audit request by Ottawa CBC News this past week. In the Thursday October 7, 2006 telecast CBC News at Six, MVCA General Manager Mr. Paul Lehman stated that the Conservation Authority tries to balance the various community interests when considering projects like the Carp River Restoration Project, a project that involves the planned filling and development of 28 Ha of floodplain currently Regulated by the MVCA. Apparently, the MVCA’s endorsement of such an unprecedented development of One-Zone floodplain lands is based on “balancing” the interest of improving the condition of the Carp River for the public, with the development interests of a number of major land development companies. In fact the interest of the MVCA to seek a “balance” on such projects is reflected in a header on their webpage: Minister Ramsay and Mr. Hibma, I respectfully request that you inform the MVCA about their responsibilities as a Conservation Authority in this Province when enforcing Section 28 of the Conservation Authorities Act. While undertaking my research for the October 1, 2006 audit request I came across the following comments by the Ontario Mining and Lands Commissioner in Bye v. Ottonabee Region Conservation Authority (1993), File CC.1357: The
conservation authorities are not bound by the Planning Act, or section
3 provincial policy statements in making their determinations under
section 28 of the Conservation Authorities Act. However, the dual role
of the authorities cannot be ignored; that of making representations
and recommendations to planning authorities on official plans, plans of
subdivision, consents, zoning bylaws, minor variances and the like and
that of considering applications for permission for [one of the
purposes outlined in the new clauses 28(1)(b) and (c)].
…While a planning body may weigh competing uses in order to arrive at the highest a best use of a tract of land, conservation authorities do not consider, nor do they have the power to consider, the relative merits of competing uses. Their mandate is to determine the impact of a proposal on the very limited capacity of land within their jurisdiction and based upon the degree of severity of the proposed encroachment or hazard, to allow permission, with or without conditions or refuse permission. There is no power in conservation authorities to weigh or consider the relative merits of economic and social implications with those of susceptibility to flooding, risk to loss of property or life, pollution of the surface waters or soils, and general ecosystem concerns within the watershed. The conservation authorities are specifically charged with determining the merits of a proposed encroachment based on risk not only to the applicant, but to affected persons both upstream and downstream of the proposal. In other words, in considering the right of a property owner to use his or her land, a conservation authority will weigh the individual's rights against the public interest, in so far as it concerns flooding, pollution or conservation of land. Once the capacity of a watershed to cope with the encroachment, pollution or the associated ecosystem health is depleted, there is nothing more for the authorities to consider. Given the recent history of flooding incidents along previous channelization and floodplain development projects in Kanata, within the jurisdiction of the MVCA, it would appear that a contributing factor is the MVCA’s willingness to seek a “balance of interests”, something that is beyond their mandate as a Conservation Authority according to the Ontario Mining and Lands Commissioner. Minister Ramsay and Mr. Hibma, all riparian landowners in the Province of Ontario deserve the same treatment and protection afforded to them by Section 28 of the Conservation Authorities Act. When can I count on you taking the necessary action to have the MVCA adhere to the mandate of all Conservation Authorities in the Province? That is, “in considering the right of a property owner to use his or her land, a conservation authority will weigh the individual's rights against the public interest, in so far as it concerns flooding, pollution or conservation of land.” Respectfully submitted, Ted Cooper, M.A.Sc., P.Eng. 500 Lake Clear Road Eganville ON K0J 1T0 613-754-2562 taee.cooper@sympatico.ca <mailto:taee.cooper@sympatico.ca> c.c. Mr. Don Pearson, General Manager Conservation Ontario Mr. Rob Messervey, MNR Water Resources Section Manager Mr. Kevin McGuire, Executive Assistant to MNR Minister Mr. David McRobert, Counsel to Environmental Commissioner of Ontario Mr. Paul Lehman, General Manager, MVCA |
Date: | Wed, 1 Nov 2006 09:13:41 -0800 (PST) |
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From: | LYNNE BRICKER <lbricker@rogers.com> |
Date: | Tue, 31 Oct 2006 19:50:07 -0800 (PST) |
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From: | Juan Unger <ungerjp@yahoo.com> |
An interesting article -many important points in it, and the final outcome is certainly something to watch
out for.
One point that comes to mind is: if a bad mayor or councillor -say, one of those who claim to be so
concerned about taxpayers' money- votes to approve something on behalf of the city that will go wrong and
bring a lawsuit against the city (at taxpayers' cost there, of course), should he/she not be personally
accountable if they have been presented evidence that shows it's a bad decision? It's too easy (meaning,
free of personal consequences) for such mayors and councillors to vote badly now, and after his/her term,
the deluge...
Of course, first and foremost it is (at least in my opinion, but perhaps not in the legal system) the
developer's responsibility not to build in the wrong place -and that includes responsibility for hiring
consultants that will tailor their findings to suit the client...
J.P. Unger
http://www.cbc.ca/canada/ottawa/story/2006/10/30/kanata-flood.html
City, residents sue over sewage flood in Kanata North homes
Lawsuits are flowing out of a storm that pumped raw sewage into 44 homes in Ottawa's Kanata North neighbourhood two years ago.
Residents are suing the City of Ottawa, which they blame for approving a development called Marshes Village on a nearby flood plain close to Shirley's Bay on the Ottawa River.
Meanwhile the city is suing the development company it says is responsible for the flood.
The city says a construction road built to the new development blocked the flow of water, forcing it into a sewage pump station that became overloaded.
That shut it down and rerouted sewer water into basements of nearby residents.
According to the city, the road was not approved or inspected.
The developer, Kanata Research Park, declined to be interviewed by the CBC.
Gary Kelleher, one of the residents who had to deal with sewage in his home, blamed the city for not monitoring the developers more closely.
"Before they started construction, they did not have a permit and it was not inspected by the city," said Kelleher, who has since moved.
Dennis Jacobs, head of planning at the City of Ottawa, said residents were simply unlucky.
"A storm event occurred that happened to be coincidental with a construction project that wasn't finished," he said. "As a result, the system was overwhelmed by that storm."
Ted Cooper, a water resources engineer working in Eastern Ontario, said more than bad luck was involved.
He noted that creeks, streams and ditches in Kanata North were re-engineered for development, and he said manipulating natural waterways like that inevitably leads to problems.
In the case of Marshes Village, a municipal watershed study had previously recommended against building at that location.
However, the city approved changes to its official plan, rezoning of industrial land for the development and the special permits required to add fill to a flood plain. The land was raised, and streams were changed for the development.
Cooper is critical of the planning behind the approvals.
"I can't understand how development ended up where it's located," he
said. "One would have to question why development was allowed to occur
in the flood plain in the first place."
Decima Research CEO Bruce Anderson argues that green politics -- a "new environmentalism" -- will arise from boomers' personal guilt. Examining Ottawa's municipal landscape, I ask: Where's the guilt? No controls on the cosmetic use of pesticides, fewer trees, less tree maintenance, transit fare increases, approval of development in the Carp flood plain against the professional advice of a city water resources engineer, and city boundaries so wide that urban sprawl appears officially sanctioned. That's our Ottawa.
City councillors Shawn Little, Jan Harder, Doug Thompson, Maria McRae, Rick Chiarelli, Eli El-Chantiry, Gord Hunter, Rob Jellet, Glenn Brooks and Peter Hume -- boomers all --have consistently voted against local environmental initiatives that each scored an F on an environmental report card ("Environmental coalition gives 10 councillors an F," Oct. 17). One wonders what motivates these 10 to stand against the environmental bulldogs who rush at them again and again.
Despite her F grade, Ms. McRae, my River Ward councillor, proclaims herself "a voice for the environment" on her personal website. The apparent disconnect between this perception and her disappointing environmental record on council seems to be the antithesis of Mr. Anderson's "new environmentalism." Where's the guilt?
And this week based on the survey results of a questionnaire sent to the 86 municipal election candidates, many boomers will have an opportunity to turn green with guilt on Nov. 13. Challenger candidates have strong intentions of supporting environmental initiatives in six of the 10 wards that had F-grade environmental representation on the past council. Overall, 16 of 23 wards have pro-green candidates, enough to swing council toward the environmental agenda. Will it happen? When will the guilt cavalry come galloping over the hilltop to save us from our environmentally unfriendly council?
Mr. Anderson cannot provide a timeline for the metamorphosis of boomer guilt into green politics. His open-ended forecast can be disproved only when the last of the guilt-ridden, SUV-driving boomers bites the dust in a 4,997-square-foot dream home with an impeccably green, weed-free lawn. Enjoy yourself, boomers. It's later than you think.
Paul Dehler,
Ottawa
Date: | Thu, 02 Nov 2006 15:47:09 -0500 |
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From: | Carp Ridge Society <allan@carpridge.ca> |