V.3.3 - Preface Survey Questions Table of Contents
Opening Statements Point form summary
and his decision should not stand!
We need you to judge, those
who
would judge us!
Other Ontarian's letters about OMB members.
This web-page will grow in the next couple days - please come back soon
The Culham Brief will not
be
wholly put on the internet
if you want a copy you will
have to order one.
We really need people to buy
copies to aid our outreach which is to all Ontarians advantage, it is
also
very heartening to pass on a copy to someone showing an interest and
likely
to fill out the Survey Questions.
The first few pages and summary on page 85 provide a good overview of The Culham Brief but do not forget the devil is in the details!
The sections of The Culham
Brief
will be presented on separate web-pages to aid in loading. The
table
of contents will be the way to get to them.
You can Appeal an OMB decision
The stress and strain of creating the The Culham Brief has been great but support from the public has been greater but for this campaign to be successful many more people need to become aware of the facts, tell others and take action.
The media can not be counted on to help grass roots groups and especially when it involves certain politicians who, like Hazel McCallion, are considered off limits when it comes to telling the full extent of their political deeds.
The Culham Brief was written as fast as it could be but still needed to be rushed to make it ready and submitted for the deadline of submissions regarding the OMB review. So the work was not completely made into a computer document. The enclosures were manually pieced together and not yet made into a document page that is easy to print from disk. This is being worked on and some of the news articles are yet to be scanned. We are still looking for help.
None-the-less The Culham Brief is a very
interesting
document and has details of the inter workings of Ontario government
and
politics, shown in a level of detail that is almost never done by the
media.
It is very educational for any one trying to fight for the environment
or the democratic rights of Canadians who want to be meaningfully
involved
in government decision making.
SURVEY / BRIEF
REGARDING
ONTARIO MUNICIPAL BOARD MEMBER
DAVID J. CULHAM
( Ex-City of Mississauga Councillor )
Questions & Evidence Concerning
Conflict of Interest
&
Bias
OMB File.# PL030312 & PL030441
In the City of Mississauga.
i
!!!! NOTICE !!!!
This survey / brief is the general media and public version that
does
not contain all the noted
documents and personal information has been removed from some
documents.
This is due to a reasonable anticipation of retaliation toward
the members of the community who have made the submissions used in
this work.
Some documents are copyrighted to their author.
In regards to all other material and documents enclosed the authors
or their source need to be contacted regarding copyright.
Fair use by noting the records authors or creators and limited use.
The full version has only been sent to Minister of the Attorney
General,
Ont.
A version with personal information removed from some documents, has
been sent to the Minister of Municipal Affairs and Housing, the
Premier,
Leader of the Progressive Conservative Party of Ont., Leader of the
Ont.
New Democratic Party and Leader of the Green Party of Ont.
This version does not some of the items from Peel Heritage
(Archives)
Complex as well.
Hopefully
that will change in the future.
You can do something about it!
That can help save the Cawthra Bush & our Democratic rights!
Canadians are sick of politicians/government with its one law for their rich friends and one law for the poor taxpayers. You can help us do something about this by using the time honored methods of grassroots movements. This survey is set up for you to be the judge, with the facts the media and government would never give you access to, to form your opinion with. Fill out the survey and send it in, so we can post on the Internet how many people feel this OMB Appeal reeks of something rotten. A letter to the Premier with a copy to us is very important as the government figures that for everyone who writes, there are at least 400 people who feel the same way!
Tell your friends! By getting people talking about this injustice, we can make things happen.
This brief can be improved so if you know an editor who is willing to help redraft this brief so it is shorter and more effective (and maybe help with the copyright issues), please let them know. If you know someone who has video equipment to make better copies then we can and put it on CD, we can use that help to. We can write the final chapter of this affair and for the benefit of our communities!
ii
The Survey Questions:
The following questions should be addressed after reading this survey/brief and mailed to Station B, Box 1504, Mississauga, Ont. L4Y 4G2. Your full name and address are not required but please note your street name or Ward number and city.
Please make a copy of the survey to leave the original pages
in
this survey/brief.
1). If you were the person deciding if OMB member Culham should be the OMB's judge for this matter, after reading his past interactions with the community and the persons involved in this OMB Appeal as well as his general conduct as a City of Mississauga Councillor, would you appoint him to judge this matter?
Yes [ ] or No [ ]
Further comments;
2). If you were the person reviewing OMB member Culham's involvement in this OMB Appeal and you had read all that is contained in this Survey/Brief, including his actions during this OMB Appeal/Hearing and his written decision, would you feel there were sufficient concerns regarding his conduct and compliance to the OMB's Code of Conduct, the spectre of Conflict of Interest and the appearance of Bias, that he should not have been the judge of this matter and his decision, therefore should not stand?
Yes [ ] or No [ ]
Further comments;
3). Do you feel that the concerns regarding Conflict of Interest are legitimate, even if they do not fit a very narrow definition (that some may use) of direct financial gain? That additions to his political legacy could be seen as a gift and other items noted in this Survey/Brief would be of sufficient interest to OMB member Culham, they could (or be used to) affect his judgement?
Yes [ ] or No [ ]
Further comments;
- continued on next page -
iii
The Survey Questions (page 2);
4). Do you think the watertable situation around the Cawthra Bush, along the watermain trench towards the C.N. track should be studied on an on-going basis?
Yes [ ] or No [ ]
Further comments;
5). Do you think it is right for the City of Mississauga to use the Freedom of Information Act to deny anyone it chooses access to its files and Planning staff thereby limiting their ability (and the community they would inform of the facts) to be meaningfully involved in local decision making?
Yes [ ] or No [ ]
Further comments;
6). Do you feel that the general history of political interference, questionable moral behaviour by Mississauga's politicians and the confrontational nature of politics in Mississauga shown in this Survey/Brief, is the main reason for Mississaugans lack of success in protecting both the Cawthra Bush and the Northmount community?
Yes [ ] or No [ ]
Further comments;
7). It has been said, by those in favor of the planned townhouse development, that the local residents would prefer having the townhouses than the scrap-yard which was there. To put that opinion to the test, given all the consequences of having the planned townhouse development which would you rather have on the site in question.
Townhouses [ ] Scrap-yard [ ]
Further comments;
8). Do you feel that members of the Ontario government (the Premier of Ont,, The Minister of Municipal Affairs and Housing, the Chair of the OMB and others) have acted appropriately regarding the concerns about Conflict of Interest and Bias presented to them in this brief?
Yes [ ] or No [ ]
Further comments;
iv
TABLE OF CONTENTS
5). In brief, what is Conflict of Interest?
8). The legal rulings at the Court & Supreme court level
10). Selected sections of the OMB Code of Conduct for its members
15).
The
conduct of the Chair of the OMB - M. Hubbard & Premier Dalton
McGuinty
17).
& EX-CITY OF MISSISSAUGA COUNCILLOR
17). OMB Members' Biographies and Mr. David J. Culham
17). Brief background of the OMB member's or Ex-Councillor Culham's, political service & background
18). Mr. Culham's character and qualifications for understanding environmental issues
19). The "Culham Trail" and the OMB member or Ex-City Councillor D. Culham's other political legacies in Mississauga
20). The OMB Member or Mr. Culham's relationships with City of Mississauga staff members, past and present
21). Mr. Culham's years of service to the City of Mississauga
21). * On the Urban Forest Management Advisory Committee (UFMAC).
21). * Two members of UFMAC who
many would see as in a general Conflict of Interest,
which would likely result in Bias decision making and should not have
been
allowed
on to UFMAC.
22). * The draining of the Cawthra wetlands as well as the surrounding community towards the C.N. tracks.
27). * The attempted deforestation of the east side of the Cawthra Bush.
27). * UFMAC members not in support of a Wetlands Evaluation.
v
29). * The Nov. 29-99 UFMAC public meeting.
34). Letters, Memorandums, Newspaper articles and letters to the Editor
34). * Mr. Culham's written
statements
toward those who would question the
City of Mississauga's and his environmental leadership or actions in
general.
36).
ANSWERED WITHIN THESE DOCUMENTS
36). * Is it personal and his "long memory".
36). * Has Mr. Culham existed in
a political environment in which a reasonable person would
see that he would have to make certain deals (such as are suggested) to
get the necessary
support for his projects and endeavors, and does he still?
37). * Is Mr. Culham the kind of
person who would put other interests before the public's, the
environment's and/or the OMB's trust?
38). * What could make Mr. Culham Biased and/or put him in a position of Conflict of Interest?
40). The Mayor of Mississauga - Hazel McCallion - overview
40).
The
Mayor's character - What people who know the Mayor say about the way she
conduct herself and her noted characteristics
40). * How do people refer to the Mayor on a personal level?
41). * Expresses degrading and belittling opinions towards others?
41). * Vengeful?
42). * Does not care about the harm she may cause others?
42). * Does the Mayor apologize for her transgressions?
42). * Territorial or possessive?
43). * Opportunist?
43). * Questionable grasp on reality?
43).
The
McCallion Method - What people who know the Mayor say about the way
she does
business, her management techniques and her Modus Operandi, or the
McCallion
management style that defines the corporate culture in Mississauga's
City
hall.
44). The Mayor's methods include:
44). Other elements of the Mayor's dictatorial management style:
44). *
The
Mayor can do as she pleases without fear that the media will report the
facts or the
events that would undermine her popularity and result in taxpayers
treating
her like a
politician.
45). * Hazel rules as a dictator would, abusively and in an anti-Democratic fashion.
46). *
Hazel
is confrontational and dictatorial towards others but requires
everyone
to
participate in creating the facade of smooth running business with no
real
confrontations,
one big happy family. To do City business largely in secret is to
limit the publics
involvement, limit Democratic processes and limit the understanding of
the Mississauga
political processes.
46). The City of Mississauga would profit and as such so would the Mayor in financing her dream
47).
MAYOR OF MISSISSAUGA, HAZEL McCALLION
47). * Is the Mayor the kind of person who cares little for the environment?
48). *
Is
the Mayor the kind of person who would try and unduly influence a person
in Culham's
position?
48). *
Under
the rule of Mayor Hazel McCallion, are there signs to point to a culture
of
corruption or highly questionable conduct in Mississauga that would be
in keeping with the
issues noted in this brief?
50). City staff
50). The involvement of Mr. Searle
52).
52). Events leading up to the Ontario Municipal Board Hearing in Feb. 2004
52). * The effort made that resulted in Mr. Culham sitting as the judge for this matter.
52). * Who should have been recognized as the community representative at the OMB Hearing?
54). * A past example of the OMB
giving generous opportunity for a Ratepayers group to
participate.
56). * Who is a "qualified" expert in OMB member Culham's eyes.
57). The Feb. 10/04 OMB Hearing - My account of the evening session
62). Letters from the public regarding the Feb. 10/04 OMB Hearing
64). The OMB Decision/Order 0562: Selected text & comments
84). In Closing
85). Point form summary (not all items are listed);
89). Finally
91). List of documents - chronologically:
94). Letter from the Community regarding the Feb. 10/04, OMB Hearing
94). Late Additions to Enclosures
95). Other Enclosures
95). On the Video Tape
This is the Media release & General pubic survey version of this work. It has already been delivered to the following persons in the Ontario government; Dalton McGuinty - Premier of Ont, Ernie Eves, M.P.P. - Leader of the Progressive Conservative Party of Ont., Howard Hampton, M.P.P. - Leader of the New Democratic Party of Ont., Frank de Jong - Leader of the Green Party of Ont., The Honourable Michael J. Bryant - ATTORNEY GENERAL, The Honourable John Gerretsen - Ministry of Municipal Affairs and Housing, M. Hubbard, Chair - Ontario Municipal Board (OMB), Paul Szabo M.P. for Mississauga South.
RE: Ontario Municipal Board
(OMB)
member Mr. David J. Culham, issues regarding
Conflict
of Interest and Bias.
OMB
File.# PL030312 - Mississauga.
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 Sir: Aug. 30, 2004
A key issue noted in this brief is the local hydrology - how the Cawthra wetlands are being drained toward the Canadian National (C.N.) railway corridor, a busy rail corridor often used by GO trains, through a residential area. Mr. Culham has played a key role in aiding the City of Mississauga in covering-up this matter, which would help it escape any blame or legal liability from any damages that could occur by neglecting to fully discover the facts and neglecting to take appropriate actions.
This brief is to make the case that the Ontario Municipal Board (OMB) member, Mr. David J. Culham, should not have judged the noted case, that his decision should not stand and the process should therefore be restarted. The basis for this is what can be considered a Conflict of Interest and concerns about Bias. The facts regarding Mr. Culham's past involvement as Councillor for the City of Mississauga, his current and future connection to sites in Mississauga that the City has control over and his conduct as judge of this matter, especially at the OMB Hearing where the public was invited to give testimony, are such that a reasonable lay person made aware of these facts would likely come to the conclusion that there was at least a "reasonable apprehension of bias".
- 1 - ....2
- 2 -
Regarding the question or appearance of Bias, there would be two parts to consider. First, given Mr. Culham 's background before he sat as judge of this matter, was he a satiable choice? Secondly, given the nature of Mr. Culham's behaviour as judge of this matter and the content of his written decision is there any appearance of Bias?
There are significant legal rulings regarding those in Conflict of Interest and/or exhibiting Bias or even the "reasonable apprehension of bias". The law uses the general standard of what a lay person, an uniformed, unBiased member of the community, who becomes informed as to the facts of the matter, would come to believe and members of the FCB & CRRA are perfect examples of that principal. This submission is about what we have come to know, how we came to know it and what we see taking place.
Mr. Culham's appearance as the single judge for this matter was shocking as he is the only OMB member, who, that in the minds of most informed people, would be automatically considered in some kind of Conflict of Interest or likely to have a Bias (even if unconsciously). This is made even more significant as the original OMB member sitting as the judge stepped aside, allowing Mr. Culham, an Ex-City of Mississauga Councillor to take over. This happened after the OMB received the Nov. 27/03 letter regarding the City of Mississauga's "unlawful methods" [1] being used to keep people out of the Planning & OMB Hearing process. Alarming as that is, the case for him being in a Conflict of Interest that creates a "reasonable apprehension of bias" is clear to most reasonable persons but there are also the examples of what can be considered Bias openly displayed at the Feb. 10/04 Hearing.
Other items noted in the City of Mississauga's "unlawful methods", which the OMB was made aware of, are the noted in that letter. The City has over the years shut the public out of the Planning process by refusing to recognize our ratepayer group the CRRA. Because of the level of harassment by the City towards those who stood up for the Cawthra Bush (which is very environmentally significant [2]) the community was unable to fully or properly participate in the Planning process when the last Official Plan and Lakeview District Policies (where the Northmount community is located) were in the public process. The City's manipulation of the Freedom Of Information Appeal process, in order to deny those who would wish to be informed about the Cawthra Bush and the Northmount community, is another example of the lengths the City has been willing to go to shut the public out, undermining our Democratic public process. This is something City Councillors helped the Mayor accomplish.
Conflict of Interest in this case has its root in Mr. Culham's many years as a City Councillor for Ward 6. From this position on City Council he worked many years to create his legacy, the monument that bears his name, The "Culham Trail". The "Culham Trail" is an on going construction project that the City (the Mayor) has much control over and could be used as leverage to motivate Mr. Culham. He would know a judgement against the City would anger the Mayor, Hazel McCallion. He would also know she is the kind of person to put his namesake trail on the back burner, maybe even cancel parts so they are not built, or worse, if he displeased her. There are many other sites in Mississauga where he has done tree planting and other community improvements, all of which need ongoing maintenance by the City to keep them from decline, which the Mayor controls. There are other ways that the Mayor can be in control of something Mr. Culham could want, due to her long years in office and power in the business community.
1 - Doc. 71
2 - Doc. 37.1 & 71.3
....3
- 3 -
During Mr. Culham's years as a member of the City Urban Forest Management Advisory Committee (UFMAC) a number of very questionable actions and inactions on his part occurred regarding the City's efforts to protect the Cawthra Bush and during the process that created the Cawthra Woods Management plan. He played a key role trying to cover-up the surreptitious draining of the Cawthra wetlands towards a Canadian National railway corridor, 3 sets of tracks through a residential area and new subdivision. Mr. Culham does not come to judge the Northmount community with an open mind or fresh eyes but with years of prior knowledge, past judgements, significant involvement and prejudices. The law is clear and in no uncertain terms states that a person should not be the judge of their own work or cause.
Councillor Culham sat on City Council when the Official Plans for Mississauga were being approved, which are the foundation of the issue before the OMB. Would not a reasonable person believe that Ex-City Councillor Culham would still be inclined to see his vision of how development in Mississauga should occur? As a single OMB member sitting as the judge at an OMB Hearing, that responding as he did to being challenged regarding his Conflict of Interest by threatening to call the police, was this not inappropriate? This behaviour is typical for a City of Mississauga Councillor but totally out of line with the OMB's Code of Conduct.
Other items of concern regarding the OMB Appeal/decision include OMB member Culham's statement about how putting the children's play area right beside the garbage dump is "in a good location"; the Mayor's statement on Jan. 12/04 about how the OMB would approve the matter well before the OMB Hearing or the OMB had heard from the public, (sounded like the fix was in). Lastly, even though the Chair of the OMB was informed there was reason to believe Mr. Culham should not be judging this matter, because of her not responding to the letters that noted this concern or take other actions, effectively gave OMB member Culham permission to use the OMB as his soap box, to be vindictive towards me and unjust to the Northmount community.
There is a deep well from which to draw examples as to why Mr. Culham would be in a Conflict of Interest and likely to display Bias in this case. This brief presents only some of the supporting records/circumstances. One of the most important is that I spoke to him after he suddenly resigned as a City Councillor, he stated he would never be the OMB judge for any matter involving the City of Mississauga. Given the fact that the OMB Code of Conduct was created to avoid even the whiff of scandal and that "Members should not only be unbiased, but also appear to be so.", it is astonishing that he replaced the original OMB Chair to solely judge this matter. It is my observation that Mr. Culham does not pass the smell test regarding this issue and in general. This brief should be regarded as an effort at blowing the whistle on injustice.
The OMB would be wise to fully investigate and profile the character
of Mr. Culham and the
Mayor of Mississauga, Hazel McCallion, to prevent this from happening
in the future.
The CRRA & FCB ask that Mr. Culham's judgement not be allowed to
stand and that this whole
process be restarted so we may fully
participate
in it.
A point form summary is at the end - In Closing.
- 85 -
Point form summary (not all items are listed);
To understand why these items are listed you have to understand how Conflict of Interest, Bias are defined and the OMB's Code of Conduct as well as the general context of fair play.
The City of Mississauga and the Mayor;
* The City of Mississauga, its politicians
and
staff have for years waged a campaign to keep
members of the community
from being fully involved, fully informed and properly participating
in the government decision
making process affecting their community & the Cawthra Bush.
This includes the last
Official
Plan and Lakeview District Policies when they were in the public
process.
* The City manipulated the Freedom Of
Information
Appeal process, in order to deny those in
the community who would
wish to be informed about the Cawthra Bush and the Northmount
development, including the
Leader of the Green Party of Ontario. City Councillors helped
this
be accomplished with their
inaction.
* The City refused to recognize our
ratepayer
group the Cawthra Ratepayers' and Residents'
Association and in doing
so denied us access to City services necessary for full participation
in
our community's affairs.
* Planning staff would not treat the
representative
for the FCB & CRRA properly. They denied
service and refused to
answer
questions about the Official Plan Amendment and Rezoning
Application, thereby
withholding
necessary facts & services to aid the FCB & CRRA in getting
meaningful standing in the
OMB Appeal.
* In general City politicians were doing all
that they can to develop the area around the Cawthra
Bush eliminating the
community
that has protected it for so long. The resulting over-population
of the area will in time
eliminate the Cawthra Bush's only protection from development, its
environmental significance.
* The Mayor said on Jan. 12/04, that the OMB
would approve the matter well before the OMB
Hearing or the OMB had heard
from the public, sounding for all the world like the fix was in.
Ex-Councillor David Culham;
* Councillor Culham has worked many years to
create his legacy or the monument that bears his
name, The "Culham
Trail".
The "Culham Trail" is an on going construction project that the City
(the Mayor) has much control
over and could be used as leverage to motivate Mr. Culham.
He would know a judgement
against the City would anger the Mayor, Hazel McCallion.
He would also know she is
the kind of person to put his namesake trail on the back burner,
maybe even cancel parts
so they are not built or worse, if he displeased her.
...86
- 86 -
* There are many other sites in Mississauga
where Councillor Culham has done tree planting and
other community projects,
all of which need on going maintenance by the City to keep them
from decline, which the
Mayor controls and are subject to her whims.
* During Mr. Culham's years as a member of
the
City Urban Forest Management Advisory
Committee a number of very
questionable actions or inactions on his part occurred regarding
the City's efforts to deal
with the Cawthra Bush issue and during the process that created the
Cawthra Woods Management
Plan.
* Councillor Culham played a key role trying
to cover-up the surreptitious draining of the
Cawthra wetlands, towards
a busy Canadian National railway corridor, 3 sets of tracks
through a residential area
and often used by GO trains. The affect of the ongoing draining
of
the local hydrology
including
the Cawthra wetlands is also a serious issue, that the City does
not want studied.
To claim ignorance through neglecting to fully discover the facts and
neglecting to take
appropriate
actions. The City hopes to escape blame or legal liability for
its
part in any damages that
could occur from the redirecting of large volumes of water that its
forester stated should
happen
by the watermain trench.
* Councillor Culham sat on City Council when
the Official Plans for Mississauga were being
approved, which are the
foundation of the issue before the OMB. Would not a reasonable
person believe that Ex-City
Councillor Culham would still be inclined to see his vision of how
development in Mississauga
should occur?
* There are other ways that the Mayor could
use "her power" or "political interference" to
influence an undertaking
by Mr. Culham, due to her long years in office and power in the
business community.
* The evidence supports that Councillor
Culham
refered to those who opposed the City or him
in exceptionally negative
terms, that he has a "long memory" and he has filed in the Peel
Heritage (Archives) Complex
his papers which show him as a person who see thing in "black
and white" terms.
These can support the idea he is likely to hold a grudge against those
who
did not support his efforts
or cost the City money he would want for his endeavors.
The OMB Appeal/Hearing process;
* I spoke to Ex-City Councillor Culham right
after he resigned as a City Councillor and he stated,
he would never be the OMB
judge for any matter involving the City of Mississauga.
* After the OMB received the letter
regarding
the City of Mississauga's "unlawful methods" (letter
Nov. 27/03) the original
OMB member sitting as the judge stepped aside. This allowed OMB
member Culham, an Ex-City
of Mississauga Councillor to take over the OMB Appeal/Hearing
as the single judge.
* OMB member Culham does not come to judge
this
matter with fresh eyes but with years of
prior knowledge, past
judgements,
antagonism, significant past involvement and prejudices.
....87
- 87 -
* OMB member Culham would be judging his own work or causes in this matter.
* Many of the Cawthra Bush's most important
environmental features (such as it being an Urban
Old-growth forest with a
THREATENED species) were not given proper consideration in
regards to how the proposed
townhouse development and the precedence it would set, would
affect the area in the long
term. The 120 meter Wetland boundary was not applied.
* If we were granted the time requested, a
proper
case could have been presented not just to
address environmental
concerns
but also that OMB member Culham should not sit as the
judge.
* The Chair of the OMB was repeatedly
informed
there was reason to believe Mr. Culham
should not be judging this
matter and she did not respond to the letters noting this;
This effectively gave OMB
member Culham permission to use the OMB as his soap box, to be
vindictive towards me and
unjust to the Northmount community.
* The issue of Conflict of Interested was
noted
in OMB member Culham's decision but there was
not proper follow-up by
OMB staff to ensure it was correctly handled.
* As the OMB Chair would not properly
investigate
the matter of false statements in
Mr. Culham's written
decision
and refused the request for changes, she has effectively given
permission for OMB members
to use their post at the OMB to carry on with their personal
grudges.
OMB member Culham's behaviour during this OMB Appeal/Hearing;
* He responded inappropriately to being
challenged
regarding his Conflict of Interest by
threatening to call the
police.
* He did not properly recognize our
Ratepayers
existence, necessary for proper consideration to
the repeated request for
an adjournment or that I was the CRRA's leader.
* He was discouraging towards those who wished to give testimony.
* Many of those who were there felt he was
rude
and disrespectful towards taxpayers who tried
to participate at the
Hearing.
* He appeared Bias in general during the Hearing and particularly towards Mr. Searle.
....88
- 88 -
OMB member Culham's written decision;
* It contains significant
misinformation
and falsehoods, many can be traced back to Mr. Culham's
days as a City of
Mississauga
Councillor.
* OMB member Culham says that putting where
the children play area right beside the garbage
dump is "in a good
location.";
* He said that special consideration was
given
to the FCB & CRRA submission when the
evidence does not support
that possibility.
* The concerns about the harm that would be
done to "Character" of the community by the
proposed townhouse
development
were not properly addressed. The City's Official Plan does
state the "Character" of
an existing community is to be protected. To not fully address
the
Official Plan for an area
in an OMB decision is cause alone for concern.
The "Character" of the
community
would include the Cawthra Bush and how the low density
of the surrounding community
has protected such a environmentally sensitive woodlands and
the THREATENED species that
live in it, which is now being recognized as a natural heritage
treasure by even Canada
(Federal) government. There is more to discover in the Cawthra
Bush and more benefits for
Mississaugans.
....89
- 90 -
Please Note,
Some items are noted as from the Peel Heritage (Archives) Complex, Brampton. As the photocopies are stamped for research and private study copies will only be given to those in government/politics, who would need to see the items in question to properly consider this matter and not to the media or general public. Concerns about third party personal information and if they there is a copyright on Archives records, currently limit their release. However, one item is such a smoking gun that it must be included, Doc. 66, Councillor Culham's Memorandum to City staff. Parts are blocked out as they are part of the political smear campaign against me, although I can prove that, it would take far more effort and paper work than can be mustered right now. It is a common method to label a person with inflammatory claims about them to avoid dealing with the issues, kill the messenger or calling a person a witch, etc. The Mayor has impresses me as a person who parades herself in public claiming to be the victim of some fictitious injury in order to use the law against those who have done nothing wrong, just tried to be apart of the Democratic process. That she expects those under her to do the same or else!
Some letters or other documents are the same as in the Peel Archives - Culham collection but they were obtained from other sources over the years. Personal information is removed due to legitimate concerns of harassment and retaliation from the City of Mississauga or other involved parties.
Although some of Peter's letters are unsigned, I received them from him that way and have no reason to believe that they are not true copies of the letters sent to Councillor Culham and are the letters refered to by Councillor Culham in his letters. His letters were presented to me as part of our group effort to make public and be involved in government decision making.
Not all of some letters/items are enclosed to reduce the size of this work and its copying costs. The number in () is the number of pages enclosed.
This brief should not be shared with anyone who could or would forward it to anyone who works at the City of Mississauga and especially not to any of the elected officials there. If they want a copy they should make arrangements with me directly.
Original material is not kept at my residence.
....91
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List of documents - chronologically:
1 ). Apr. 23 / 1982 - Toronto Sun, Article - Mississauga gold rush, 1 page.
2 ). Jul. 23 / 1982 - Toronto Sun, Article - McCallion was wrong, 1 page.
3 ). Mar. 5 / 1983 - The Globe & Mail, Article - In the path of Hurricane Hazel, 4 pages.
4 ).
Dec.
/ 1988 - Councillor Culham's Newsletter to the Ward 6 community, 1
page.
(From the Peel Heritage (Archives) Complex)
5 ). June 16 / 1989 -
Mississauga
News, Article -
"Long memory" remark ignites some short fuses, 1 page.
6 ). Dec. 17 / 1989 -
Mississauga
News, Article - Allan Randles looking for a change -
Committee of adjustment stalwart calls it quits, 1 page.
7 ). Mar. 8 / 1995 - Stop Work Order by Ontario Ministry of Labour, 1 page.
8 ). May 29 / 1995 - UFMAC, Minutes, 2 pages.
9 ). May 29 / 1995 -
Councillor Culham's letter to the Mississauga News, 1 page.
(From the Peel Heritage (Archives) Complex)
10). June 26 / 1995 - Friends of the Cawthra Bush's, letter to the UFMAC, 1 page.
11). Aug. 21 / 1995 -
Hazel
McCallion's letter to the public,
Running The GTA `Like A Business', 1 page.
12). Oct. 23 / 1995 - Ontario Clean Water Agency letter to Don Barber, 1 page.
13). Oct. 25 / 1995 - Peter Phillips's letter to the Mississauga News, 1 page.
14). Oct. 27 / 1995 -
Councillor
Culham's letter to the Mississauga News, 1 page.
(From the Peel Heritage (Archives) Complex)
15). Nov. 12 / 1995 -
Mississauga
News, Article - Managing the City's woodlots -
Do we go for the natural look?, 1 page.
16). Nov. 22 / 1995 - Peter Phillips's letter to the Mississauga News, 1 page.
17). Nov. 23 / 1995 - Friends of the Cawthra Bush's, letter to the UFMAC, 6 pages.
18). Feb. 16 / 1996 -
Mississauga
News, Article -
Councillor's passions not cooled by frigid trek, 1 page.
19). Feb. 29 / 1996 - Peter Phillips's letter to Councillor Culham, 2 pages.
20). Mar. 8 / 1996 - Councillor Culham's letter to Peter Phillips, 2 pages.
21). Apr. 10 / 1996 - UFMAC, Minutes, 3 pages.
22). Apr. 22 / 1996 - Public notice by the City of an Open House, 2 pages.
....92
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23). May 2 / 1996 - Canadian Environmental Law Association to Don Barber, 1 page.
24). Jun. 28 / 1996 -
************
E-mail/memorandum to Councillor Culham, 1 page.
(From the Peel Heritage (Archives) Complex)
25). Jul. 8 /
1996 - Councillor Culham's letter to the Mississauga News, 1 page.
(From the Peel Heritage (Archives) Complex)
26). Jan. 1 / 1997 - City document, The David J. Culham Trail, trail facts, 1 page
27). Mar. 25 / 1997 -
Mississauga
News, letter to Editor by Peter Phillips - Credit crush,
1 page.
28). Apr. 1 / 1997 -
Don Barber's letter to City of Mississauga, UFMAC and C.V.C.,
3 pages.
29). Apr. 6 / 1997 -
Mississauga News, Article - "Culham Creek" a hazard,
resident says, 1 page.
30). May 29 / 1997 -
Councillor Culham's letter to **********, 1 page.
(From the Peel Heritage (Archives) Complex)
31). Oct. 27 / 1997 -
Friends
of the Cawthra Bush's, letter to the UFMAC,
enclosures not enclosed, 1 pages.
32). Nov. 23 / 1997 - Mississauga News, Article - Culham, McCallion rift growing, 1 page.
33). Nov. 24 / 1997 - UFMAC Minutes, 1 page.
34). Feb. 11 / 1998 -
Councillor
Culham's Newsletter to the Ward 6 community, (2) 3 pages.
(From the Peel Heritage (Archives) Complex)
35). Mar. 4 / 1998 -
Mississauga News, letter to Editor by Don Barber, City not help,
1 page.
& the May 17/1998 - Mississauga News, letter to Editor by Don
Barber,
- The Chair, 1 page.
36). Mar. 26 / 1998 -
Councillor
Culham's letter to the Mississauga News, 1 page.
(From the Peel Heritage (Archives) Complex)
& the May 22/1998 - Mississauga News, letter to Editor by
Councillor Culham
- Compelled to write, 1 page.
37). June 17 / 1998 - Paul
F. Maycock's letter - Comments on the
Cawthra Old Growth Forest, 3 pages.
38). Dec. 2 / 1998 - Mississauga News, Article - The bog is safe, 1 page.
39). Jan. 24 / 1999 -
Mississauga
News, Article, Keeping development out -
Project will keep Cawthra woodlot safe, 1 page.
40). Mar. 5 / 1999 -
Councillor Culham's Memorandum to the Mayor, (1) 3 pages.
(From the Peel Heritage (Archives) Complex)
41). Aug. 25 / 1999 -
Mississauga
News Column by Don Barber -
Will saws return to Cawthra Bush?, 1 page.
....93
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42). Sept. 14 / 1999 - E-mail to
Councillor Culham from *************, (1) 3 pages.
(From the Peel Heritage (Archives) Complex)
43). Sept. 15 / 1999 - Mississauga News, Article - Former Mississauga Mayor Ron Searle, 1 page.
44). Oct. 1-14 / 1999 - The
Booster
news article, Cawthra Community Centre opens soon, 1 page.
& An Undated recent photograph of the "Ron Searle Park"
just
east of Park Royale,
on Rometown Dr.
45). Oct. 20 / 1999
- Mississauga News Guest column, James Kafieh,
No need to improve Cawthra perfection, 1 page.
46). Nov. 5 / 1999 - Councillor Culham's letter to the Mississauga News, Cawthra questions, 1 page.
47). Jan. 5 / 2000 - Mississauga News, letter to Editor by Don Barber - Bush battles continue, 1 page.
48). Jan. 9 / 2000 - Mississauga News, letter to Editor by Roy Wills - Wants apology, 1 page.
49). May 5 / 2000 - Dr. Brian Branfireum letter to City of Mississauga, 1 page.
50). May 00 / 2000 - Toronto Life, Article - Her Town, Her Rules, 3 pages.
51). Oct. 12 / 2000 - Conrad M. Black's letter to Don Barber, 1 page.
52). Aug. 27 / 2003 - Mississauga News, Article - Gyles to stand trial - again, 1 page.
53). Sept. 11 / 2003 - Toronto Star, Article - Gyles jailed 2 1/2 years for taking bribes, 1 page.
54). Nov. 10 / 2003 - Credit Valley Conservation notice of public information session, 1 page.
55). Dec. 17 / 2003 - Premier Dalton McGuinty's letter to the FCB & CRRA, 1 page.
56). Jan. 23 / 2004 - FCB & CRRA (Don Barber) to the Ontario Municipal Board, 1 page.
57). Feb. 11 / 2004 - #.2
FCB & CRRA letter by Don Barber to the OMB Chair, M. Hubbard,
Senior Case Manager, Joanne Hayes and D. J. Culham, Board Member, 3
pages.
Part of this letter is blacked out, not because its content is in
error.
58). Feb. 23 / 2004 - FCB
& CRRA letter by Don Barber to the OMB Chair, M. Hubbard,
Senior Case Manager, Joanne Hayes and D. J. Culham, Board Member, 2
pages.
59). Feb. / 2004 - City of Mississauga facts sheet about the Culham Trail, (1) 2 pages.
60). Mar. 15 / 2004 - FCB & CRRA letter by Don Barber to the OMB Chair, M. Hubbard, 2 pages.
61). Nov. 5 / 2003 - The Booster, Article - Creditview Wetland still under stress, 1 page.
....94
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Letter from the Community regarding the Feb. 10/04, OMB Hearing:
62). Mar. 8 / 2004 - From ***************************************, 1 page.
63). Mar. 8 / 2004 - From ***************************************, 3 pages.
64). Mar. 12 / 2004 - From ****************** & ******************, 1 page.
65). Mar. 22 / 2004 - From
***************************************, 2 pages.
66). Sept.
23 / 1998 - Councillor Culham's Memorandum to City staff, 1 page.
(From the Peel Heritage (Archives) Complex)
67). Feb. 4 / 2004 -
Copy from the submission to OMB, a map given to Mr. Boss that shows
details not properly presented for public review and that City Planning
staff tried to remove from me. 1 page.
68). July 16 / 2004 - Don
Barber's
letter to M. Hubbard, Chair OMB, (1) 2 page.
Page 2 does not contain more of the body of the letter.
69). July 30 / 2004 - Toronto
Star,
Article - Provincial realty arm hit with $20M suit,
1 page.
70). Aug. 16 / 2004 - M. Hubbard's, Chair OMB to Don Barber's letter, 1 page.
71). Nov. 27 / 2003 - Don
Barber's
letter to OMB member Robert Beccarea, 11 pages.
Unlawful Methods being used by the City of Mississauga
...
The map enclosed is a later version used as a flyer.
72). Aug. 27 / 2004 - John
Gerretsen's,
Minister of Municipal Affairs and Housing letter to
Don Barber's letter, 1 page.
73). Sept. 2 / 2004 - Mark Michaels's - OMB letter to Don Barber's letter, 2 pages.
....95
- 95 -
A). Watermain route -
two maps on one page: The first is from Knox Martin Kretch
Limited
showing the route of the watermain and where is crosses the C.N. Rail
tracks.
The second
is from the City's Dec. 15/99 - Cawthra Woods Forest Management Plan,
showing
the
overland water flow, east towards the watermain trench.
B). Four pictures
(A-D)
showing the draining of Cawthra Bush by the watermain trench:
The color pictures did not copy well to black & white copies.
The color pictures that show
the details much clearer can be seen on my web-site
www.cawthra-bush.org
On my web-site are more related pictures as well.
Photo A). The
section of the watermain trench that collapsed due to the large volume
of water
flowing from the Cawthra Bush. The stop work order was issued
because
of this.
The public was promised a trench box to narrow the width of the trench,
in writing, but
it was not used until after the Ontario Ministry of Labour ordered them
to do so.
Photo B). After
a trench box was put in, the work paused and a hole in the side of
trench
made by
ground water flowing from the Cawthra Bush grows and grows.
Photo C). Same
location. The large volume of water is collapsing more and
more
of the srrounding
land.
Photo D). To
the south of the Cawthra Wetlands a section was left open after the
rest of the trench
was filled in. This section was cut deeper as a valve was to be
installed.
The large
volume of water flowing from the Cawthra Bush area can be clearly seen,
an
underground creek has been formed.
[ MORE THE DRANING OF THE CAWTHRA BUSH ]
C). Four pictures (A-D) showing the
"Culham
Trail" being washed away: The color pictures did
not copy well to black
& white copies. The color pictures that show the details much
clearer
can be seen on my
web-site www.cawthra-bush.org On my web-site are more related
pictures as well.
Photo A). Looking
north
from where the flooding of the "Culham Trail" (Creek) flows into
the
surrounding forest. Dumping tons of limestone gravel.
Photo B). Further
north
the sheer volume of water can be seen. The "Culham Trail" is
to the right
of the picture and the water from off the Credit River, to the left.
Photo C). Canoeing the "Culham Trail"/Creek.
Photo D). The aftermath. The limestone gravel totally washed away.
[ MORE ABOUT THE CANOEING THE CULHAM CREEK ]
D). A short list of some of the scientific studies and Web-sites I was refered to
E). Selected section of the Ontario Municipal Board Act & OMB Oath of Office and Secrecy
- Hazel & coup Mar. 29/00 - from the Rogers Cable 10 broadcast.
- The water being measured that the watermain trench is draining.
- Nov 29/99 UFMAC meeting.
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