07 22 2020 Council Agenda
The Township of Oro-Medonte
Special Council Meeting Agenda
Council Chambers
Wednesday, July 22, 2020
8:30 a.m. - Open Forum Comments
8:50 a.m - Closed Session
11:00 a.m. - Open Session
Effective Tuesday, March 17, 2020 at 8:30 a.m., all Township of Oro-Medonte
facilities will be closed to the public until further notice. This includes the Township
Administration Centre. We will continue to offer services online and over the
telephone.
Input on agenda items are welcome and encouraged.
The Township of Oro-Medonte has amended its Procedural By-law to allow for
electronic participation at Council meetings during a declared emergency. Protocols
have been established to advise how to participate in the public portions of these
meetings. Please visit the following links for additional information:
To Request to Participate in Open Forum or During Development Services Committee
OR to Request a Deputation/Presentation, complete the following form:
o Request for Public Participation Form
Protocols for Public Participation Council and DS Committee
The Township of Oro-Medonte is committed to providing and maintaining a working
environment that is based on respect for the dignity and rights of everyone within the
organization and for those individuals visiting our organization.
The Township of Oro-Medonte supports and fosters an environment that is safe,
welcoming and respectful for all residents, visitors, members of Council and staff.
Page
1. Call to Order - Moment of Reflection:
2. Adoption of Agenda:
4 - 38a) Motion to Adopt the Agenda.
\[Addenda\]
3. Open Forum:
The Open Forum provides an opportunity for the public to provide verbal
comments to Council, in Open Session, on matters scheduled on the current
Page 1 of 61
Council Meeting Agenda -July 22, 2020
agenda, and shall be conducted as follows:
Open Forum shall last no longer than 20 minutes;
Each speaker shall be required to identify the agenda item they are
speaking to and provide their name and address, which may become
part of the public record;
A speaker shall be limited to 2 minutes per agenda item;
No response shall be provided to any question posed during Open
Forum;
No discussion, debate or decisions will occur during Open Forum;
Each speaker is permitted to speak only once per agenda item;
A speaker may provide comment on one agenda item and then shall
step aside to enable another to provide comment on an agenda item;
No speaker shall speak to a second agenda item until other
individuals have had an opportunity to speak once;
Speakers providing comment on the same agenda item, shall be
requested to limit their comments so as to provide additional
information and not repeat the same information provided by a
previous speaker;
Comments made during Open Forum will not form part of the minutes
of the meeting;
The following matters will not be permitted during Open Forum:
o Comments/complaints against Members of Council or
Township staff;
o Matters beyond the jurisdiction of Council or the Township;
o Closed Session agenda items, including current or pending
litigation, or Insurance claims and/or pending claims by or
against the Township;
o Comments with respect to Minutes of Council and Committees;
o Comments that are contrary to the Municipal Freedom of
Information and Protection of Privacy Act;
o Comments with respect to any applications which have
proceeded through a Public Meeting in accordance with the
Planning Act, with the exception of comment related to a
recommendation contained within the Staff Report.
The Chair may conclude Open Forum prior to the 20 minute maximum
time limit, for non-compliance with the Open Forum parameters,
Conduct of Members of the Public, or any other reason.
4. Disclosure of Pecuniary Interest:
5. Closed Session Items:
a) Motion to go In Closed Session.
b) Motion to Rise and Report.
Page 2 of 61
Council Meeting Agenda -July 22, 2020
c) Robin Dunn, CAO re: Solicitor-Client Privilege (Cannabis).
d) Tamara Obee, Manager, Human Resources/Health & Safety re: Education or
training of members (COVID-19).
e) Robin Dunn, CAO re: Solicitor-Client privilege/Litigation or Potential Litigation
(Water Waste Water Servicing).
\[Addenda\]
6. Reports of Municipal Officers for Action:
39 - 46 a) ES2020-4, Michelle Jakobi, Manager, Environmental Services; and Mark
DesLauriers, Chief Financial Officer/Treasurer re: Zone 1 Water Integration -
Schedule J, Fees & Charges By-law Update \[Deferred from July 15, 2020
Council meeting\] \[Refer to Item 9a)\].
47 - 50 b) CS2020-19, Donna Hewitt, Director, Corporate Services re: Enbridge Gas
Expansion - Old Barrie Road.
7. Reports of Municipal Officers for Information Only:
51 - 56 a) Robin Dunn, CAO re: Update on COVID-19 Actions.
8. Communications/Petitions:
57 - 59 a) Correspondence dated June 29, 2020 from Colin Nelthorpe, Vice Chair of the
Board of Directors, Fierté Simcoe Pride re: Request for Proclamation of
Fierté Simcoe Pride from July 27th to August 9th, 2020.
Staff Recommendation: Receive, Support, Advise under the Mayor's
signature.
9. By-Laws:
60 a) 2020-074: A By-Law to Amend By-Law, 2018--law of The
Corporation of the Township of Oro-Medonte to Provide for the Imposition of
Fees or Charges" (Fees and Charges By-law).
10. Closed Session Items (Unfinished Business):
11. Confirmation By-Law:
61 a) 2020-080: Being a by-law to confirm the proceedings of the Special Council
meeting held on Wednesday, July 22, 2020.
12. Adjournment:
a) Motion to Adjourn.
Page 3 of 61
2.a) Motion to Adopt the Agenda.
CƩƚƒʹ timwtaylor timwtaylor <timwtaylor@sympatico.ca>
{ĻƓƷʹ Monday, July 20, 2020 5:31 PM
ƚʹ Veitch, Ian <ian.veitch@oro-medonte.ca>; Keane, Cathy <cathy.keane@oro-medonte.ca>; Hughes,
Harry <harry.hughes@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; Greenlaw,
Randy <randy.greenlaw@oro-medonte.ca>; Scott, Shawn <shawn.scott@oro-medonte.ca>; DesLauriers,
Mark <mdeslauriers@oro-medonte.ca>; Dunn, Robin <rdunn@oro-medonte.ca>; Jakobi, Michelle
<mjakobi@oro-medonte.ca>; DeSousa, Tammy <tammy.desousa@oro-medonte.ca>; Larry Herr
<larryherr1@gmail.com>; Lance Chilton <lance@thechiltonteam.com>; Linda deLottinville
<ldelottinville@gmail.com>; linda myles <linda.myles@bell.net>; brisl@aol.com; Beth and Gary
McConnell <bg7mcconnell@gmail.com>; Tom Kurtz <tom.kurtz@sympatico.ca>; JT
<john.jt.thornton@gmail.com>; derekwatson1612@hotmail.com; Elissa Balfour
<elissabalfour@gmail.com>; Agenda comment <Agendacomment@oro-medonte.ca>; Aubichon, Yvonne
<yaubichon@oro-medonte.ca>
/ĭʹ Tim.Stemmler@ontario.ca; doug.downey <doug.downey@pc.ola.org>; MECP CCU (MECP)
<mecpccu@ontario.ca>; jeff.yurek <jeff.yurek@pc.ola.org>; steve.clark <steve.clark@pc.ola.org>
{ǒĬƆĻĭƷʹ Zone 1 Municipal Water System Focus Group Correspondence
This email originated from outside of Oro-Medonte's email system. Please use proper
judgment and caution when opening attachments, clicking links, or responding to this email.
Good afternoon.
I have been asked to forward this communication to the various people concerned with the Zone
1 Water Integration Proposed Bylaw.
Please also make sure that this becomes part of the public record for July 22, 2020 regarding the
proposed bylaw 2020-074 (If you need an address, please use mine: Tim Taylor, 20 Pine Lane,
RR1, Barrie, ON, L4M 4Y8)
Thanks in advance.
th
Monday, July 20, 2020
From: Zone 1 Water Integration Focus Group or Task Force
To:
Mayor Harry Hughes,
Ward 1 Councilor Ian Veitch,
Ward 3 Councilor Cathy Keane,
Page 4 of 61
2.a) Motion to Adopt the Agenda.
Other Councilors and staff.
From:
Focus Group/Task Force Residents of Zone 1, Horseshoe Valley
Regarding: Zone 1 Water Integration Plan, Staging in Horseshoe Valley, & Proposed bylaw
2020-074
Respected Council members and staff,
Through your solicitors, the Township of Oro-Medonte will have to concede that the Zone 1
water distribution system is municipally owned as outlined in bylaws 1974-1051, 1980-1392,
1981-1418, 1981-1419, 1982-5, and 1982-6. The Zone 1 water distribution system was
constructed and installed as a local improvement pursuant to the provisions of the Local
during the lifetime of a work undertaken, the corporation fails to keep and maintain it in a good
of any lot specially assessed requiring the corporation to do so, does not put the work in repair, a
judge of the Ontario Court (General Division), upon the application of any owner or occupant of
any land so specially assessed, may make an order requiring the corporation to put the work in
vement Act are also outlined in the Water Rights
Guarantee Agreement of 1980 and Amendments of 1982. This includes all components of the
water distribution system. Horseshoe Valley Limited and its successors seemingly have rights
The Focus Group has been told that Horseshoe Valley Limited and its successors are responsible
the Local Improvement Act, the Township of Oro-Medonte, being the successor of the former
to a Private Corporation, the Township of Oro-Medonte and its predecessors have legal
obligations to address any deficiencies that are currently outstanding in the system. It has been
reported several times since the inception of the system that parts of it hav
considerably. In fact, some estimates say that water flow has been reduced by at least 40 percent
water line in Plan M-23, Cathedral Pines have reported inconsistencies in service for over 30
years according to substantial anecdotal evidence. Elected representatives of Oro-Medonte and
staff have also corroborated historical deficiencies of this nature. Deficiencies may include:
Leaking watermains (bends, tees, reducers)
Leaking or faulty valves
Leaking or faulty thrust blocks or joint restraints
Faulty or leaking air release valves
Corrosion control protocols may not be in place
Faulty service connections
Page 5 of 61
2.a) Motion to Adopt the Agenda.
Flushing records
Pressure test records
Leakage records
Tracing/Locating. Some mains difficult or impossible to locate.
Leaking curb stop or curb cock
Broken curb stop cap or nuts
Bent or broken curb stops
Missing curb stops
Hidden curb stops
Faulty and malfunctioning meters
Undersized hydrants
Servicing and painting of hydrants.
Testing/Flushing Hydrant records
Since local improvements are functions of municipalities and not private entities, and since the
Zone 1 water distribution system is verifiably municipal; therefore, the present Township is
responsible for the operation and maintenance and repair of the said system even though they
rd
have historically contracted out these services to a 3
agreements with Horseshoe Valley Limited and their affiliates and successors, the Township of
Oro-Medonte does not forfeit their obligations under provincial mandate or act. The Focus
Group also finds that jurisprudence provides vital clarification with respect to procedural law and
rd
the fact that homeowners are 3-party beneficiaries under the Water Rights Guarantee
rdth
Agreement of May 23, 1980 (WRGA) and the Amendments of February 10, 1982 (WRGAA).
Since the Township of Oro-Medonte must concede that the Zone 1 water distribution system is
municipally-owned and is subject to the provisions of the Local Improvement Act, then they are
undertaken, including the so-called Zone 1 water integration plan and proposed bylaw levy 2020-
074.
Please acknowledge receipt of this correspondence and that you understand your obligations as
outlined in the Local Improvement Act. Please provide an inventory of deficiencies so that
individual homeowners can petition to have these works put in repair at the soonest opportunity.
Because the water distribution system was constructed under Provincial mandates as regulated
you propose new initiatives in Zone 1. Please also recognize that the proposed Zone 1 levy for
works such as elevated storage tanks and wells exclusively benefit only future development in
Zone 1 and not existing works or homeowners in Zone 1.
Thank you for your continued understanding.
Respectfully,
Focus Group Homeowner Representatives
This email was scanned by Bitdefender
Page 6 of 61
2.a) Motion to Adopt the Agenda.
Perry Disera - email pwrper@gmail.com
1 Cathedral Pine Rd. - Horseshoe Valley Community
RE:
The Township of Oro-Medonte
Special Council Meeting Agenda
Council Chambers
Wednesday, July 22, 2020
To: Clerks email: yaubichon@oro-medonte.ca
. Mayor, Harry Hughes harry.hughes@oro-medonte.ca
. Ward 1 Councillor, Ian Veitch ian.veitch@oro-medonte.ca
. Ward 3 Councillor, Cathy Keane cathy.keane@oro-medonte.ca
. Oro Medonte Council council@oro-medonte.ca
Copied to: John Thornton (Focus Group or Task Force Coordinator)
zone1taskforce@gmail.com
Agenda Items:
Reports of Municipal Officers for Action:
6.a) ES2020-4, Michelle Jakobi, Manager, Environmental Services; and Mark DesLauriers, Chief
Financial Officer/Treasurer re: Zone 1 Water Integration - Schedule J, Fees & Charges By-law Update
\[Deferred from July 15, 2020 Council meeting\] \[Refer to Item 8a)\]. (Should be 9a)
By-Laws:
9.a) 2020-074: A By-Law to Amend By-Law, 2018--law of The Corporation of the Township
of Oro-Medonte to Provide for the Imposition of Fees or Charges" (Fees and Charges By-law). 2020-074
Amend Fees and Charges, Schedule J
With reference to:
October 12th, 1982. Minutes of Council of the Township of Medonte. Passing of Resolution 82-242.
Passing of By-Law 82-6. This By-Law assumes most of the distribution equipment associated with the
Zone 1 Water Supply System.
Minutes link: http://docs.oro-medonte.ca/WebLink/DocView.aspx?id=10666&dbid=0&repo=Oro-
Medonte
By-Law 82--Medonte Docs web site at:
http://docs.oro-medonte.ca/WebLink/DocView.aspx?id=11670&dbid=0&repo=Oro-Medonte&cr=1
-1
= = = Copy of By-Law 82-6 = = =
BY~ LAW 82- 6
OF
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
Being a By- Law to authorize the assumption of certain watermains,
valves, hydrants and services; pump house and pumping equipment
Page 7 of 61
2.a) Motion to Adopt the Agenda.
presently serving the lots of RP 1531, M- I0, M- ll and M- 23 in
the Township of Medonte
WHEREAS certain watermains, water services, pumphouse and pumping equipment
has been installed by Salvi I investments Limited, hereinafter referred to as
the " Developer", the Developer of RP No. 1531, M~ 10, M- ll, and M- 23, hereinafter
referred to as the " Subdivisions";
AND WHEREAS the Developer is prepared to dedicate the said mains, services,
building and equipment to the Corporation at no cost to the Corporation;
AND WHEREAS by agreement made between the Corporation, the Developer and
Horeseshoe Valley Resorts Limited dated the 23rd day of May, 1980 ( Water
Rights Guarantee Agreement) as amended by the amending Agreement approved
by this by- law, the Corporation has ensured that the system defined in
paragraph 1 hereof has an adequate supply of water to supply the domestic
water users residing in the Subdivisions;
AND WHEREAS by By- Law 1392 duly enacted pursuant to Petition of the owners
and certified, the Corporation authorized the construction of certain water~
mains, hydrants and pumping equipment as a Local Improvement.
AND WHEREAS by the Water Rights Guarantee Agreement the Subdivider agreed to
dedicate and the Corporation unqertook to accept and assume the system subject
to completion of the local imptbVcement works and subject to the certification
of completion by the Corporation' s engineers.
AND WHEREAS such completion certificate has been received.
AND WHEREAS it is desirable and expedient to amend the Water Rights Guarantee
Agreement and to assume the expanded system.
AND WWEREAS the title to the lands in which the pipes have been installed has
been transferred to the Corporation.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF MEDONTE
ENACTS AS FOLLOWS:
1. That the Council hereby assumes the ownership of all the water mains,
hydrants and services including the booster pumping station and all the
related mechancial and electrical equipment serving residential lots in
the subdivisions, being the existing watermains shown outlined in red on
Plan of Ainley and Associates, No 78386~ 0 dated April 10, 1980 and entitled
Horseshoe Valley Water Supply System appended to this by~ law.
2. That the two inch pie and installed hydrant in Parts 1, 2and /or 3, Plan
51R- 2909 being the lands registered the 3rd of March, 1974 as instrument
472627 are specifically excluded from this enactment until the same shall
Page 8 of 61
2.a) Motion to Adopt the Agenda.
be brought up to approved specifications and so certified by the Township
Engineer.
3. That the Corporation enter into the amending agreement with Horseshoe Valley
Resorts Limited and Salvi I Investments Limited amending the Water Rights
Guarantee Agremeent for the supply of water to the subdivisions and the
maintenance of the pumping equipment and watermains assumed, pursuant to
this agreement.
READ A FIRST, AND SECOND TIME THIS 10th DAY of February, 1982.
Reeve
READ A THIRD TIME AND finally passed this 12th day of OCTOBER, 1982.
Reeve
= = = Attachment to By-Law 82-6 = = =
143FERNDALE DRIVE
R.R. No. 2
BARRIE, ONTARIO
L4M 484
REID AND ASSOCIATES. LIMITED
CONSULTING ENGINEERS
TELEPHONE
AREA CODE ( 705) 72&1<4>1
April 1, 1982.
Re: Township of Medonte,
Pine Ridge Subdivision,
Project No. 757.
Township of Medonte,
Municipal Offices,
Moonstone, Ontario.
LOK 1NO
Attention: Mr. G. Cunnington,
Clerk- Treasurer.
Dear Sir:
On Wednesday, March 31, 1982, we again looked at the pump-
house.
We would report that the facilities have been upgraded
to substantially what was agreed upon at our January 18, 1982
meeting.
We would recommend that the roads and waterworks be
assumed.
Yours very truly,
Page 9 of 61
2.a) Motion to Adopt the Agenda.
REID AND ASSOCIATES LIMITED
PGS: avd
Peter G. Smith, P. Eng.
= = = END Copy of By-Law 82-6 = = =
The previous owner of my residence, Mr. Thomas J. Drinkle, built this home in and around March 1990,
eight years after the Township of Medonte passed By-Law 82-6.
I would assume that any connection fees
were included in the building permit fees and paid for at that time. Although I do not possess any of his
documentation to support this claim, standard building permit practices of that time period should
support this.
RE: The statement in Report ES2020-4 Analysis Paragraph 4:
system is a private non-municipal drinking water system. In particular the Zone 1 water supply and
storage is owned and operated by Horseshoe Resort\\
This statement seems to indicate that the Staff and Township legal counsel are:
.- not aware of By-Law 82-6 being passed by way of Resolution 82-243 on the 12th day of October, 1982,
.- not recognizing By-Law 82-
.- in possession of documentation that invalidates or supersedes By-Law 82-6.
.- unaware that Zone 1 is protected by the Water Rights Guarantee Agreement (WRGA) of 1980 and
1982 and that Horseshoe Resort\\
water supply system contractually under the WRGA.
storage is owned
and operated by Horseshoe Resort\\
hydrants and services including the booster pumping station and all the related mechanical and
The Zone 1 Water Integration Fee hinges entirely on the Zone 1 water supply system being provincially
classified as a non-municipal year-round residential drinking water system by the MECP/MOECC.
Clearly those authorities have not been informed that the Township of Medonte had assumed the
ownership of all the Zone 1 water mains, hydrants and services etc. in 1982. This must be rectified by
the current Council.
RE: By-Law 2020-074:
The section that is to be inserted reads:
Once connected to the Horseshoe Highlands Municipal Drinking Water
System, each unit shall be assessed a Horseshoe Zone 1 Water
Page 10 of 61
2.a) Motion to Adopt the Agenda.
There should be no fee for existing residential units since the current Zone 1 water supply system is
-Law 82-6) and existing residents have already paid a
connection fee by way of the original building permit fees.
It should be noted, however redundant, that there is no mention that this Integration Fee is interest free
and amortized over a twenty-five (25) year term.
Please note my official opposition:
I, Perry Disera, formally oppose, dispute and challenge several statements in Report ES2020-4.
I, Perry Disera, formally oppose the passing of By-Law 2020-074 and ask for a decision to withdraw the
plan to charge the existing residents of Zone 1 a Water Integration Fee
I SUBMIT this fee should be covered by the Ontario Small Waterworks Assistance Programs grants
received by the Township of Oro-
I, Perry Disera, fully support the 268 page report provided by John Thornton (Focus Group / Task Force
Coordinator)
Regards,
Perry Disera - email - pwrper@gmail.com
705-791-4109 cell
Page 11 of 61
2.a) Motion to Adopt the Agenda.
From: brisl@aol.com <brisl@aol.com>
Sent: July 21, 2020 10:33 AM
To: Hughes, Harry <harry.hughes@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-
medonte.ca>; Veitch, Ian <ian.veitch@oro-medonte.ca>; DeSousa, Tammy
<tammy.desousa@oro-medonte.ca>; Keane, Cathy <cathy.keane@oro-medonte.ca>; Scott,
Shawn <shawn.scott@oro-medonte.ca>; Greenlaw, Randy <randy.greenlaw@oro-medonte.ca>
Cc: brisl@aol.com
Subject: Zone 1 Water Focus Issue
This email originated from outside of Oro-Medonte's email system. Please use proper
judgment and caution when opening attachments, clicking links, or responding to this email.
Dear Mayor and Council
Having viewed the Agenda for July 22, I see that nothing has changed. As a member of the
Water Focus Group and a concerned resident on all water issues, I have no doubt that we have
proven that we are indeed already on Municipal water.
I am writing today to:
1. Strongly object to the proposed Levy for Zone 1
2. Speak for the 67 unit owners at Copeland House. (67 times $9800.)
I feel Council will be making a mistake in going along with Staff in imposing this Levy. I feel
that further investigation will prove the position of the Zone 1 Focus Group and our lawyer.
My own experience as a quite new owner had me believing for a time that my water was from
Skyline. But the elusive Skyline Utilities are not to be found. Water users are given a fake
number at the front desk of the hotel. No one there knows anything at all. They have sent me
back to the Township EVERY SINGLE TIME that I have called the number. (Your billing is
from the Township. That's who you need to call).
You will have a record of my contact with the Township as well.
I object to paying anything to be connected to what I am already connected to. I am still trusting
that Council will do the right thing, having been given this chance to do so. A group of erstwhile
residents have invested hundreds of hours of volunteer time to get this historical story unravelled
and presented. Brilliant work has been done. It must not be ignored.
Lois Brisbois
Copeland House Condominiums
brisl@aol.com
416 347-0921
Page 12 of 61
2.a) Motion to Adopt the Agenda.
CƩƚƒʹ Tom Kurtz <tom.kurtz@sympatico.ca>
{ĻƓƷʹ Tuesday, July 21, 2020 11:55 AM
ƚʹ . Council <Council@oro-medonte.ca>; Aubichon, Yvonne <yaubichon@oro-medonte.ca>
{ǒĬƆĻĭƷʹ Special Council Meeting
This email originated from outside of Oro-Medonte's email system. Please use proper
judgment and caution when opening attachments, clicking links, or responding to this email.
items 6a and 9a on the Special Council Meeting leaves me cause for concern. The concern arises
from that section of schedule J which imposes an additional quarterly fee of ~$93/quarter for the
next 25 years on the current water users in zone 1. This concern is multi-faceted. There was a
specific lack of communication from the Township to zone 1 users that they considered zone 1 as
a private system and that alterations to the system would be made to effect interconnection of the
2 zones.The fact that they expected zone 1 to pay a connection fee was not communicated until
after the 1st contract was awarded. When quizzed as to the justification as to the designation of
zone 1 as a private system, we were met with the argument that they couldn't divulge that
information because it was subject to solicitor/client confidentiality. Also, when trying to
ascertain the technical aspects of the work, we were stonewalled by staff. If you are familiar with
solicitor/client confidentiality, you will know that both legally and ethically confidentiality only
binds the solicitor. The client is free to share whatever they like.
The consequence of all this lack of accountability and transparency forced the affected owners to
perform over 1000 person-hrs. of research and to fund raise to hire a lawyer to present our legal
arguments. This is certainly not in the spirit or intent of the Accountability and Transparency by-
law.
This is not the kind of performance that I and others expect from our Council or staff.
Disappointed yours
Tom Kurtz
Page 13 of 61
2.a) Motion to Adopt the Agenda.
CƩƚƒʹ Valerie Thornton <vmt4141@gmail.com>
{ĻƓƷʹ Tuesday, July 21, 2020 11:59 AM
ƚʹ Aubichon, Yvonne <yaubichon@oro-medonte.ca>
{ǒĬƆĻĭƷʹ Zone 1 Water Integration Comments for special meeting on July 22nd
This email originated from outside of Oro-Medonte's email system. Please use proper
judgment and caution when opening attachments, clicking links, or responding to this email.
FACT. When we moved here in 2004 we were on Municipal water and received our bills from
the Township. No mention whatsoever of Horseshoe Resort.
Regarding the meeting on 15th July, I feel it was totally overloaded with important issues (that
needed more time and discussion than was allotted) and a long day for all concerned. Sadly I
find that the electronic zoom system not only inadequate but also unprofessional. Delays, hard
to hear what some people are saying, poor internet connection etc. a lack of true communication
which is essential for important matters. Even having all the councillors sitting at a distance in
the Town Hall would add some professionalism. Attached are my comments that I had sent to be
recorded on the agenda for the 15th meeting but were omitted (my mistake).
I do hope that the Major and Councillors did actually listen and hear all that the two speakers
said on this important issue. There were a few valid concerns from Council, which were
adequately answered by Tim and John. The missing copy of a letter from the Focus Group's
lawyer which was relevant to the discussion should not have occurred as when something
important is received in an office it should be immediately passed to each recipient concerned
with an IMPORTANT notation on it (another problem with this electronic
communication). What the focus group proposed does not affect other residents of the
Township.
My concern still is that the Focus Group's questions and requests for documents from Staff
were not answered/supplied so the Report E52020-04 is incorrect and gives a false impression
of cooperation.
I feel that there should have been a longer period allowed to continue discussions on this issue
and a referral of just one week was insufficient. We have to get this RIGHT as it affects the
future credibility of the Township which is extremely important as we have entered a period of
enormous growth.
The extensive report of over 200 pages prepared by Tim Taylor of the Focus Group was
forwarded to Councillors and Staff, asking for comments. None were received. This details a
factual history and is of utmost importance and I feel FACTS are being dismissed.
The Report from Staff is incorrect and should not be adopted or approved.
Any decisions on either 11a or 17b should be deferred to a later date when
there has been sufficient time for adequate discussion and all the documents requested by the
Focus Group have been provided.
Page 14 of 61
2.a) Motion to Adopt the Agenda.
As has been said before the Council and staff were not around in the early years from 1967 when
mistakes were made but they now have an opportunity to take charge and acknowledge the
FACTS and move on having dealt with incorrect records (ignoring reality). The question is Do
they have the courage??
Valerie Thornton
30 Birch Grove Drive
Page 15 of 61
2.a) Motion to Adopt the Agenda.
CƩƚƒʹ timwtaylor timwtaylor <timwtaylor@sympatico.ca>
{ĻƓƷʹ Tuesday, July 21, 2020 12:08 PM
ƚʹ DesLauriers, Mark <mdeslauriers@oro-medonte.ca>; derekwatson1612
<derekwatson1612@hotmail.com>; Tom Kurtz <tom.kurtz@sympatico.ca>; linda myles
<linda.myles@bell.net>; Larry Herr <larryherr1@gmail.com>; Keane, Cathy <cathy.keane@oro-
medonte.ca>; Elissa Balfour <elissabalfour@gmail.com>; Linda deLottinville <ldelottinville@gmail.com>;
DeSousa, Tammy <tammy.desousa@oro-medonte.ca>; Beth and Gary McConnell
<bg7mcconnell@gmail.com>; Hughes, Harry <harry.hughes@oro-medonte.ca>; Veitch, Ian
<ian.veitch@oro-medonte.ca>; Aubichon, Yvonne <yaubichon@oro-medonte.ca>; JT
<john.jt.thornton@gmail.com>; Lance Chilton <lance@thechiltonteam.com>; Agenda comment
<Agendacomment@oro-medonte.ca>; Jakobi, Michelle <mjakobi@oro-medonte.ca>; Dunn, Robin
<rdunn@oro-medonte.ca>; Scott, Shawn <shawn.scott@oro-medonte.ca>; Greenlaw, Randy
<randy.greenlaw@oro-medonte.ca>; Hough, Ralph <ralph.hough@oro-medonte.ca>; brisl
<brisl@aol.com>
/ĭʹ MECP CCU (MECP) <mecpccu@ontario.ca>; jeff.yurek <jeff.yurek@pc.ola.org>;
Tim.Stemmler@ontario.ca; doug.downey <doug.downey@pc.ola.org>; steve.clark
<steve.clark@pc.ola.org>
{ǒĬƆĻĭƷʹ Re: Zone 1 Municipal Water System Focus Group Correspondence
This email originated from outside of Oro-Medonte's email system. Please use proper
judgment and caution when opening attachments, clicking links, or responding to this email.
Hello all concerned.
We are disappointed that the Emergency Zoom meeting was cancelled. The Focus Group asked
me for forward this correspondence on behalf of the group and ratepayers in Zones 1 and 2.
Please allow this to enter the public record. Again, if you need an address, please provide mine:
Tim Taylor, 20 Pine Lane, RR1, Barrie, ON, L4M 4Y8. For clarification, this correspondence
and others like it are a function of the vetted Focus Group or Task Force members representing
homeowners in Zone 1. These documents reflect the public record and so are supported by fact
and primary evidence gleaned from the public record. Thanks for you continued understanding
during this very difficult time.
Focus Group or Task Force Members
The Township of Oro-Medonte, through its solicitors, will likely have to acknowledge that the
Zone 1 water distribution system, complete with the promise of wells and storage equipment, is
indeed municipally-owned. Acknowledging that Zone 1 water services are municipally-owned
results in significant uncertainty for the Township of Oro-Medonte, and leaves the Focus Group
and the various stakeholders with many questions remaining unresolved.
th
On May 26, 1980, the former Township of Oro-Medonte, using Horseshoe Valley Limited and
Salvil Investments Limited as agents, built and financed the water distribution system in Plans
RP 1531, M-10, M-11, and M-23. The jurisprudence does provide some clarification with
Page 16 of 61
2.a) Motion to Adopt the Agenda.
respect to the uncertainties that the Focus Group raises. By-Law 1980-1392 was constructed and
installed as a local improvement pursuant to the provisions of the Local Improvement Act of
1970. The Act was amended in 1990. Such improvements including certain watermains,
hydrants, and pumping equipment were installed to improve the capability of the existing water
system in Zone 1 and in Plans RP 1531 (Medonte) and overlapped Plan RP 1587 (Oro). The
Local Improvement Act also folds in the cost of financing the work, including the cost of
engineering, advertising and service of notices, interest on loans and the cost of preparation,
issue and sale of debentures specifically assessed upon local lots obtaining benefit from work
according to their respective frontages which may be adjusted according to the Local
Improvement Act, R.S.O. 1970 (Medonte, 1980, p. 3)
In
a work undertaken, the corporation fails to keep and maintain it in a good and sufficient state of
occupant of any lot specially
assessed requiring the corporation to do so, does not put the work in repair, a judge of the
Ontario Court (General Division), upon the application of any owner or occupant of any land so
specially assessed, may make an order
Improvement Act, the Township of Oro-
-Medonte and its predecessors
have legal obligations to address any deficiencies that are currently outstanding in the system. It
fact, some estimates say that water flow has been reduced by at least 40 percent to the upper
-11 and M-23,
Cathedral Pines have reported inconsistencies in service for over 30 years according to
substantial anecdotal evidence. Elected representatives of Oro-Medonte and staff have also
corroborated historical deficiencies of this nature.
Since local improvements are functions of municipalities and not private entities, the Zone 1
water distribution system is verifiably municipal, so the present Township is responsible for the
operation and maintenance and repair of the said system. The Focus Group also finds that
jurisprudence provides vital clarification with respect to procedural law and the fact that
rd
homeowners are 3-party beneficiaries under the Water Rights Guarantee Agreement of May
rdth
23, 1980 (WRGA) and the Amendments of February 10, 1982 (WRGAA). Since the
Township of Oro-Medonte has a duty to acknowledge that the Zone 1 water distribution system
is municipally-owned and is subject to the provisions of the Local Improvement Act, then they
are likely legally bound to ratepayers in Zone 1. How was water delivered to Zone 1
homeowners contractually? Since the Township states emphatically that all questions and
inquires must be directed to Horseshoe Resort, then did the Township of Oro-Medonte contract
rd
out the operations, maintenance, and repair of the system to a 3 Party? Since the Township
acknowledges that no amendments or changes have been made to the WRGA of 1980 and the
WRGAA of 1982, and since all of these capital components have been built, financed, and
Page 17 of 61
2.a) Motion to Adopt the Agenda.
earnest in 1982 in Medonte and 1988 in Oro, the present Township of Oro-Medonte is
apparently obligated under Provincial mandates and Acts, under local by-laws and Agreements,
to look after the needs of all homeowners who fall within the Zone 1 water system.
Other provisions outlined in the WRGA and the WRGAA also have to be fulfilled to the
satisfaction of Zone 1 ratepayers. These provisions include adhering to such obligations as
setting rates. The WRGA and the WRGAA states that water rates only rise as a function of
power costs and the cost of living as calculated by Statistics Canada. Starting in 2000, the rates
skyrocketed beyond these calculations. If the WRGA and WRGAA are still being exercised and
performed, then this means that the revenues generated may have exceeded contractual
covenants signed by all stakeholders. Also, sinking funds or reserves were established to service
the debenture debt and protect the capital components. These provisions are also protected under
Provincial statute, the Local Improvement Act. The WRGAA outlined leasing agreements
between the stakeholders. All par
entered into these agreements, they did not forfeit their obligations under the Local Improvement
rd
Act. They simply contracted out services to a 3 Party and in so doing, both Horseshoe Resort
Limited or Corporation and the Townships(s) were responsible for the capital components in
Zone 1. It is the responsibility of the Township(s) to have their assignees satisfy contractual
obligations. If they fail to do so, the responsibilities default to them regardless of poorly executed
agreements.
Since the Township of Oro-Medonte will have to allow that the Zone 1 water system is
municipal and has been all along, then they have to be accountable for the missed revenues in the
form of water grants over the years of operation. Because Zone 1 was wrongly designated as a
Non-Municipal Drinking Water System, Zone 1 homeowners missed out on substantial
Provincial grants meant to augment and fix components of the water systems. These grants
included educational components, incentives to save water usage, subsidies for water meters, and
grants to fix capital components such as failing watermains, valves, hydrants, water storage
facilities, and so on. Some compensatory package of adjustments should likely be implemented
to adjust for missed revenue opportunities.
Given that the Township of Oro-Medonte premised the Zone 1 Water Integration Levy on the
fact that the system was Privately owned and operated, and since the Township will likely have
to admit that the Zone 1 system is municipal, then the current and proposed user fee and charges
by-law 2020-074 will be possibly deemed unfair and a tax and thus be illegal.
The Lawson test for levies was established by the Supreme Court of Canada in 1931. Along with
the Eurig decision of 1998, a levy must be found not to be a tax to be legal and valid.
By-law 2020-is
By-law 2020-074 also fails Lawson test #2, for the Levy is imposed under
authority of the legislature (the Municipal Act of 2001). Lawson te
th
Lawson test confirms that
-called
Page 18 of 61
2.a) Motion to Adopt the Agenda.
reasonable connection between the cost of the service and the amount charged, then the proposed
Levy will be seen as a Tax and be deemed illegal. Procedural jurisprudence demands that
cost/benefit
Since the Zone 1 system fully complies with Provincial standards time after time and the Zone 1
water system is running well under capacity for the current users, then there is no apparent
present or future need for improvements. Since the application of a Levy may be viewed as a
Tax, the proposed By-Law 2020-074 may be illegal. Since the By-Law 2020-074 is an
amendment of By-Law 2018-044 and this By-Law is an extension of By-Laws dating back to
By-Law 1998-106, these By-Laws may have been drafted in a way that is unclear or vague and
possibly in bad faith. (E.M. Morgan, 2018)
The Township of Oro-Medonte also recognizes the importance of the Oro water agreement
drafted and executed in 1990. LT185779 is a water/subdivision agreement that promises or
assumed municipal Zone 1 system with the anticipated to be assumed
Zone 2 water distribution system. These Plans of subdivision include, M-391, M-447, and M-
456. The integration of the 2-Zone system had promises of 2 new wells for Zone 1 and the
dedication of certain mains, hydrants, valves, and the Zone 1 standpipe. It was the intention of
r these components to
the system, thus fully integrating Zone 1 with Zone 2. Since the present and former Townships
did not issue a Certificate of Maintenance and Final Acceptance for M-456, the Zone 2 water
distribution system is still in Private control and ownership. While the present Township of Oro-
Medonte folded these systems into their Municipal Water Systems definitions in 1998 in By-Law
1998-
2. Homeowners in Zone 2 would be surprised to learn that their water system is in private hands.
Could substantial fees be owing to HRC or their successors based on the jurisprudence?
Given Provincial mandates and guidelines, municipalities have the right to take or expropriate
works at their request. Since the Township was mired in legal and financial difficulties in the
1990s concerning these works, they should have taken the initiative to consolidate them to
protect the inherent and sacrosanct water rights of ratepayers. Since the system was intended to
then the works are so assumed. Salvil Investments Limited did drill wells at the Country Club
Lane site in 1987 and 1988. Both of these wells were designated for RP 1587 and they were
probably meant to pressurize the standpipe at the end of Country Club Lane. But, since it was
promised in registered plan LT185779 that dedicated wells be drilled for Zone 1, M1-1 and M1-
2, then the current new well drilled by Oro-Medonte should be the sole cost of HRC or their
sure, these are not the costs of present Zone 1 uses. Under the WRGA and WRGAA, all
properties, past and present, are protected by the covenants outlined in these agreements, so
properties such as Copeland House, the Condominiums, High Vista, the Heights, and other
Valley or Resort Properties are protected by the jurisprudence outline in the WRGA and the
WRGAA. This includes fees and charges and proposed levies. It should be also noted that the
Township of Oro-Medonte had ample revenues and surplus revenues in 1998 to address any
deficiencies in the Zone 1 or Zone 2 system. See By-Law 1998-048. The Township had access to
Page 19 of 61
2.a) Motion to Adopt the Agenda.
1998, more than enough to fully assume or expropriate this system. The costs would have likely
been in the thousands, not the millions.
Homeowners in Zone 1 and Zone 2 have rights! It is now up to the current Township of Oro-
Medonte to sort out this water fiasco dating back to 1974. A forensic audit of all revenues
associated with these systems dating back to 1974 needs to be effected to protect the past,
present, and future rights of all homeowners in Zones 1 and 2, Horseshoe Valley. It should be
further stated that not only should homeowners be protected for their constitutional rights
regarding water, but homeowners have also detrimentally relied on services related to
wastewater as well. Horseshoe is a hodge-podge of wastewater services that need to be protected
immediately as well. Also, it is imperative that the Township of Oro-Medonte, along with the
Ministry of the Environment, instantaneously designate the Zone 1 water distribution system as a
may be some perceived benefit to future Zone 1 newly constructed subdivision plans, there is no
immediate or future benefit or need for present Zone 1 water users. In fact, under the Local
Improvement Act, the Township of Oro-
system\] in a good and sufficient state of repair in perpetuity. A list of deficiencies should be
Court (General Division), upon the application of any owner or occupant of any land so specially
assessed, may make an order requiring the corporation to put the work in repair.
other water users in the Township. These costs should be borne by future development. Please
also recognize that the proposed Zone 1 levy for works such as elevated storage tanks and wells
exclusively benefit only future development in Zone 1 and not existing works or homeowners in
Zone 1.
Regards,
The Focus Group or Task Force Zone 1 Representatives
---------- Original Message ----------
From: timwtaylor timwtaylor <timwtaylor@sympatico.ca>
Date: July 20, 2020 at 5:30 PM
Good afternoon.
I have been asked to forward this communication to the various people concerned with the Zone
1 Water Integration Proposed Bylaw.
Please also make sure that this becomes part of the public record for July 22, 2020 regarding the
proposed bylaw 2020-074 (If you need an address, please use mine: Tim Taylor, 20 Pine Lane,
RR1, Barrie, ON, L4M 4Y8)
Page 20 of 61
2.a) Motion to Adopt the Agenda.
Thanks in advance.
th
Monday, July 20, 2020
From: Zone 1 Water Integration Focus Group or Task Force
To:
Mayor Harry Hughes,
Ward 1 Councilor Ian Veitch,
Ward 3 Councilor Cathy Keane,
Other Councilors and staff.
From:
Focus Group/Task Force Residents of Zone 1, Horseshoe Valley
Regarding: Zone 1 Water Integration Plan, Staging in Horseshoe Valley, & Proposed bylaw
2020-074
Respected Council members and staff,
Through your solicitors, the Township of Oro-Medonte will have to concede that the Zone 1
water distribution system is municipally owned as outlined in bylaws 1974-1051, 1980-1392,
1981-1418, 1981-1419, 1982-5, and 1982-6. The Zone 1 water distribution system was
constructed and installed as a local improvement pursuant to the provisions of the Local
during the lifetime of a work undertaken, the corporation fails to keep and maintain it in a good
ce in writing by the owner or occupant
of any lot specially assessed requiring the corporation to do so, does not put the work in repair, a
judge of the Ontario Court (General Division), upon the application of any owner or occupant of
any land so specially assessed, may make an order requiring the corporation to put the work in
Guarantee Agreement of 1980 and Amendments of 1982. This includes all components of the
water distribution system. Horseshoe Valley Limited and its successors seemingly have rights
The Focus Group has been told that Horseshoe Valley Limited and its successors are responsible
the Local Improvement Act, the Township of Oro-Medonte, being the successor of the former
any and all
Page 21 of 61
2.a) Motion to Adopt the Agenda.
to a Private Corporation, the Township of Oro-Medonte and its predecessors have legal
obligations to address any deficiencies that are currently outstanding in the system. It has been
considerably. In fact, some estimates say that water flow has been reduced by at least 40 percent
to the upper reaches of Cathedr
water line in Plan M-23, Cathedral Pines have reported inconsistencies in service for over 30
years according to substantial anecdotal evidence. Elected representatives of Oro-Medonte and
staff have also corroborated historical deficiencies of this nature. Deficiencies may include:
Leaking watermains (bends, tees, reducers)
Leaking or faulty valves
Leaking or faulty thrust blocks or joint restraints
Faulty or leaking air release valves
Corrosion control protocols may not be in place
Faulty service connections
Flushing records
Pressure test records
Leakage records
Tracing/Locating. Some mains difficult or impossible to locate.
Leaking curb stop or curb cock
Broken curb stop cap or nuts
Bent or broken curb stops
Missing curb stops
Hidden curb stops
Faulty and malfunctioning meters
Undersized hydrants
Servicing and painting of hydrants.
Testing/Flushing Hydrant records
Since local improvements are functions of municipalities and not private entities, and since the
Zone 1 water distribution system is verifiably municipal; therefore, the present Township is
responsible for the operation and maintenance and repair of the said system even though they
rd
have historically contracted out these services to a 3
agreements with Horseshoe Valley Limited and their affiliates and successors, the Township of
Oro-Medonte does not forfeit their obligations under provincial mandate or act. The Focus
Group also finds that jurisprudence provides vital clarification with respect to procedural law and
rd
the fact that homeowners are 3-party beneficiaries under the Water Rights Guarantee
rdth
Agreement of May 23, 1980 (WRGA) and the Amendments of February 10, 1982 (WRGAA).
Since the Township of Oro-Medonte must concede that the Zone 1 water distribution system is
municipally-owned and is subject to the provisions of the Local Improvement Act, then they are
before any new works are
undertaken, including the so-called Zone 1 water integration plan and proposed bylaw levy 2020-
074.
Page 22 of 61
2.a) Motion to Adopt the Agenda.
Please acknowledge receipt of this correspondence and that you understand your obligations as
outlined in the Local Improvement Act. Please provide an inventory of deficiencies so that
individual homeowners can petition to have these works put in repair at the soonest opportunity.
Because the water distribution system was constructed under Provincial mandates as regulated
by the Local
you propose new initiatives in Zone 1. Please also recognize that the proposed Zone 1 levy for
works such as elevated storage tanks and wells exclusively benefit only future development in
Zone 1 and not existing works or homeowners in Zone 1.
Thank you for your continued understanding.
Respectfully,
Focus Group Homeowner Representatives
CƩƚƒʹ timwtaylor timwtaylor <timwtaylor@sympatico.ca>
{ĻƓƷʹ Tuesday, July 21, 2020 12:25 PM
ƚʹ . Council <Council@oro-medonte.ca>; Aubichon, Yvonne <yaubichon@oro-medonte.ca>
/ĭʹ Larry Herr <larryherr1@gmail.com>; Lance Chilton <lance@thechiltonteam.com>; Linda deLottinville
<ldelottinville@gmail.com>; linda myles <linda.myles@bell.net>; brisl@aol.com; Beth and Gary
McConnell <bg7mcconnell@gmail.com>; Tom Kurtz <tom.kurtz@sympatico.ca>; Elissa Balfour
<elissabalfour@gmail.com>; JT <john.jt.thornton@gmail.com>; derekwatson1612@hotmail.com
{ǒĬƆĻĭƷʹ Special Council Meeting-Proposed bylaw 2020-074
This email originated from outside of Oro-Medonte's email system. Please use proper
judgment and caution when opening attachments, clicking links, or responding to this email.
Greetings.
Please enter this in the public record and distribute to all councilors and staff related to the Water
Integration proposed bylaw, 2020-074.
For some unknown reason elected officials and staff are seemingly ignoring years of bylaws,
legal and active water agreements, common sense, and overwhelming factual data gleaned from
the public record. Through legal advice, Township elected officials and staff are caught in a
circle of cognitive dissonance
This produces a feeling of mental discomfort leading to an alteration in one of the attitudes,
Page 23 of 61
2.a) Motion to Adopt the Agenda.
beliefs or behaviors to reducwww.simplypsychology.org,
2018)
In a recent Zoom meeting with Focus Group members, I understood the Deputy Mayor of Oro-
distribution system. The Deputy Mayor alluded to the idea that he was caught between these
cognitive dissonan
how things work.
about the Zone 1 system being a municipal utility. Precise legal wording in bylaws and
subdivision/water agreements validates the fact that the Horseshoe Valley water distribution
systems were intended to be assumed, were assumed, and operated or maintained as though they
were assumed.
Among the treasure-trove of documents showing that the system is municipal, the so-called Oro
Water Agreement of 1990 expressly delivers the message that the Zone 1 and Zone 2 systems
were either assumed or anticipated to be assumed. There are several legal definitions at the
beginning of this document outlining the various water systems in Horseshoe Valley.
Presumably, these legal definitions were written for the Township or its predecessors by their
own legal representatives. Definitions are vital because they provide precise legal language about
what is and what will be.
Definition 1.19 on page 4 of the registered Agreement, LT185779, states the following:
wells, controls
and watermain distribution systems with on line storage in a standpipe located primarily in the
While I have read this definition and others like it, this is the most succinct legal definition of the
Zone 1 water distribution system. It leaves no doubt about what was included in the Municipal
works.
Given the wealth of evidentiary primary data obtained from the public record, would you please
finally recognize that the water systems in Horseshoe Valley are municipally owned? Would you
also finally recognize that the intention all the while was to assume these systems?
You have some very difficult choices to make over the next 24 hours; do you recognize and
accept the overwhelming facts showing that this utility is a public one; do you default to a
seemingly inaccurate narrative that is submerged in controversy and possible misinformation?
Page 24 of 61
2.a) Motion to Adopt the Agenda.
is adversarial and so your legal representation has only one choice and that is to support your
position or narrative. What if this narrative is wrong as the evidence overwhelmingly indicates?
principles of fairness, reasonableness, openness, transparency, and accountability. I can
you will make this thing
right.
Yours very respectfully,
Tim Taylor (Focus Group Member)
CƩƚƒʹ timwtaylor timwtaylor <timwtaylor@sympatico.ca>
{ĻƓƷʹ Tuesday, July 21, 2020 12:25 PM
ƚʹ . Council <Council@oro-medonte.ca>; Aubichon, Yvonne <yaubichon@oro-medonte.ca>
/ĭʹ Larry Herr <larryherr1@gmail.com>; Lance Chilton <lance@thechiltonteam.com>; Linda deLottinville
<ldelottinville@gmail.com>; linda myles <linda.myles@bell.net>; brisl@aol.com; Beth and Gary
Page 25 of 61
2.a) Motion to Adopt the Agenda.
McConnell <bg7mcconnell@gmail.com>; Tom Kurtz <tom.kurtz@sympatico.ca>; Elissa Balfour
<elissabalfour@gmail.com>; JT <john.jt.thornton@gmail.com>; derekwatson1612@hotmail.com
{ǒĬƆĻĭƷʹ Special Council Meeting-Proposed bylaw 2020-074
This email originated from outside of Oro-Medonte's email system. Please use proper
judgment and caution when opening attachments, clicking links, or responding to this email.
Greetings.
Please enter this in the public record and distribute to all councilors and staff related to the Water
Integration proposed bylaw, 2020-074.
For some unknown reason elected officials and staff are seemingly ignoring years of bylaws,
legal and active water agreements, common sense, and overwhelming factual data gleaned from
the public record. Through legal advice, Township elected officials and staff are caught in a
circle of cognitive dissonanceviors.
This produces a feeling of mental discomfort leading to an alteration in one of the attitudes,
www.simplypsychology.org,
2018)
In a recent Zoom meeting with Focus Group members, I understood the Deputy Mayor of Oro-
distribution system. The Deputy Mayor alluded to the idea that he was caught between these
cil and staff\] for
how things work.
I believe that all stakehold
about the Zone 1 system being a municipal utility. Precise legal wording in bylaws and
subdivision/water agreements validates the fact that the Horseshoe Valley water distribution
systems were intended to be assumed, were assumed, and operated or maintained as though they
were assumed.
Among the treasure-trove of documents showing that the system is municipal, the so-called Oro
Water Agreement of 1990 expressly delivers the message that the Zone 1 and Zone 2 systems
were either assumed or anticipated to be assumed. There are several legal definitions at the
beginning of this document outlining the various water systems in Horseshoe Valley.
Presumably, these legal definitions were written for the Township or its predecessors by their
own legal representatives. Definitions are vital because they provide precise legal language about
what is and what will be.
Definition 1.19 on page 4 of the registered Agreement, LT185779, states the following:
Page 26 of 61
2.a) Motion to Adopt the Agenda.
wells, controls
and watermain distribution systems with on line storage in a standpipe located primarily in the
zed for the purpose of supplying
While I have read this definition and others like it, this is the most succinct legal definition of the
Zone 1 water distribution system. It leaves no doubt about what was included in the Municipal
works.
Given the wealth of evidentiary primary data obtained from the public record, would you please
finally recognize that the water systems in Horseshoe Valley are municipally owned? Would you
also finally recognize that the intention all the while was to assume these systems?
You have some very difficult choices to make over the next 24 hours; do you recognize and
accept the overwhelming facts showing that this utility is a public one; do you default to a
seemingly inaccurate narrative that is submerged in controversy and possible misinformation?
system by its very nature
is adversarial and so your legal representation has only one choice and that is to support your
position or narrative. What if this narrative is wrong as the evidence overwhelmingly indicates?
dedly to another narrative. Please try to rely on honorable
principles of fairness, reasonableness, openness, transparency, and accountability. I can
you will make this thing
right.
Yours very respectfully,
Tim Taylor (Focus Group Member)
CƩƚƒʹ Lance Chilton <lance@thechiltonteam.com>
{ĻƓƷʹ Tuesday, July 21, 2020 12:25 PM
ƚʹ . Council <Council@oro-medonte.ca>
/ĭʹ Aubichon, Yvonne <yaubichon@oro-medonte.ca>
{ǒĬƆĻĭƷʹ special council meeting -proposed zone 1 water levy
Page 27 of 61
2.a) Motion to Adopt the Agenda.
This email originated from outside of Oro-Medonte's email system. Please use proper
judgment and caution when opening attachments, clicking links, or responding to this email.
Dear members of Council and staff,
I hope this email finds all recipients well.
I have read the 268 page report created by the ZONE 1 citizens' task force and provided to you
for review. It presents a clear and compelling case that the system is already owned by the
public. Why anyone would reasonably suggest that the public should be expected to pay for it
again defies reason.
Unless all members of staff and council engaged in this matter have also read this
exhaustive and rigorously detailed report, they do not have ethical grounds to make any
decision in this matter, and will be found in dereliction of their duty of care to the public
they serve.
Highway 22 is in fact private, and we all owe years of back-tolls. Ridiculous.
Unless council and staff can make a clear and unequivocal case - with documentation to support
it - that the system is anything but publicly owned, then this proposed illegal levy should be
quashed forthwith.
Councillors who are contemplating supporting this illegal levy should remind themselves of the
potential legal consequences, not to mention political ramifications and reputational cost to the
Township.
This morning I received communication on behalf of a property owner here who lost the sale of a
home because the buyer was made aware of this proposed illegal levy.
-documented mismanagement of this issue is having
a negative impact on property values in Horseshoe Valley.
How does that serve the public good?
I join my fellow taxpayers in calling upon all council and staff engaged in this matter to execute
their duties to the public ethically and transparently, as the law requires.
I invite anyone receiving this email to contact me directly with questions, concerns or
clarifications.
Thank you,
Lance Chilton
Page 28 of 61
2.a) Motion to Adopt the Agenda.
CƩƚƒʹ timwtaylor timwtaylor <timwtaylor@sympatico.ca>
{ĻƓƷʹ Tuesday, July 21, 2020 12:25 PM
ƚʹ . Council <Council@oro-medonte.ca>; Aubichon, Yvonne <yaubichon@oro-medonte.ca>
/ĭʹ Larry Herr <larryherr1@gmail.com>; Lance Chilton <lance@thechiltonteam.com>; Linda deLottinville
<ldelottinville@gmail.com>; linda myles <linda.myles@bell.net>; brisl@aol.com; Beth and Gary
McConnell <bg7mcconnell@gmail.com>; Tom Kurtz <tom.kurtz@sympatico.ca>; Elissa Balfour
<elissabalfour@gmail.com>; JT <john.jt.thornton@gmail.com>; derekwatson1612@hotmail.com
{ǒĬƆĻĭƷʹ Special Council Meeting-Proposed bylaw 2020-074
This email originated from outside of Oro-Medonte's email system. Please use proper
judgment and caution when opening attachments, clicking links, or responding to this email.
Greetings.
Please enter this in the public record and distribute to all councilors and staff related to the Water
Integration proposed bylaw, 2020-074.
For some unknown reason elected officials and staff are seemingly ignoring years of bylaws,
legal and active water agreements, common sense, and overwhelming factual data gleaned from
the public record. Through legal advice, Township elected officials and staff are caught in a
circle of cognitive dissonance
This produces a feeling of mental discomfort leading to an alteration in one of the attitudes,
www.simplypsychology.org,
2018)
In a recent Zoom meeting with Focus Group members, I understood the Deputy Mayor of Oro-
distribution system. The Deputy Mayor alluded to the idea that he was caught between these
convi
cognitive dissonance, the squaring of ideas, beliefs, and attitudes to bal
how things work.
about the Zone 1 system being a municipal utility. Precise legal wording in bylaws and
subdivision/water agreements validates the fact that the Horseshoe Valley water distribution
systems were intended to be assumed, were assumed, and operated or maintained as though they
were assumed.
Among the treasure-trove of documents showing that the system is municipal, the so-called Oro
Water Agreement of 1990 expressly delivers the message that the Zone 1 and Zone 2 systems
were either assumed or anticipated to be assumed. There are several legal definitions at the
Page 29 of 61
2.a) Motion to Adopt the Agenda.
beginning of this document outlining the various water systems in Horseshoe Valley.
Presumably, these legal definitions were written for the Township or its predecessors by their
own legal representatives. Definitions are vital because they provide precise legal language about
what is and what will be.
Definition 1.19 on page 4 of the registered Agreement, LT185779, states the following:
wells, controls
and watermain distribution systems with on line storage in a standpipe located primarily in the
While I have read this definition and others like it, this is the most succinct legal definition of the
Zone 1 water distribution system. It leaves no doubt about what was included in the Municipal
works.
Given the wealth of evidentiary primary data obtained from the public record, would you please
finally recognize that the water systems in Horseshoe Valley are municipally owned? Would you
also finally recognize that the intention all the while was to assume these systems?
You have some very difficult choices to make over the next 24 hours; do you recognize and
accept the overwhelming facts showing that this utility is a public one; do you default to a
seemingly inaccurate narrative that is submerged in controversy and possible misinformation?
Please try to
is adversarial and so your legal representation has only one choice and that is to support your
position or narrative. What if this narrative is wrong as the evidence overwhelmingly indicates?
principles of fairness, reasonableness, openness, transparency, and accountability. I can
appreciate the quandary that you are in, but Iyou will make this thing
right.
Yours very respectfully,
Tim Taylor (Focus Group Member)
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2.a) Motion to Adopt the Agenda.
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2.a) Motion to Adopt the Agenda.
July 21, 2020
Mayor and Members of Council
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON L0L2E0
Attention: Yvonne Aubichon, Clerk
yaubichon@oro-medonte.ca
Dear Mayor and Members of Council:
Re: Zone 1 Drinking Water
Skyline UtilityServices
HorseshoeValley
On behalf of Skyline UtilityServices (SUS), I am writing to you to clarify our situation with
respect to the Zone 1 water treatment and distribution systemcurrently operating in Horseshoe
Valley.I understand there is another staff report being considered byCouncil on July 22nd.
There has been an ongoing attempt by some to discredit the operator and owner of the Zone 1
water system and to perpetuate false and misleading information notwithstanding our attempt to
remain transparent and to provide thorough information with respect to our operations. I would
remind Council that we operate a rural water system and the very people who complain arethe
onesthat enjoy the benefits of a drinking water and sewage disposalsystem, comparable to any
municipal system. Unfortunately, Horseshoe Valley doesn’t have the large user base that some
municipal systems do. Notwithstanding,when our users turn on their taps,theyare assured of the
same water quality as any large city water system.
Here are some important facts. Drinking water is provided to Zone 1 residential customers by
Skyline UtilityServices.All water is treated to the same standards as a municipalwater system
and must meet the same water quality criteria.The water treatment system must be operated in
compliance with the requirements of Ontario Regulations 170/03 (Treatment) and 169/03
(Ontario Drinking Water Standards) made under the Safe Drinking Water Act –the exact same
regulations also govern municipal treatment and supply systems.
The SUS water system draws water from a number of wells on Skyline property under a Permit to
Take Water (PTTW) issued by the Ministry of the Environment, Conservation and Parks
(MECP).This permit includes specific criteria for the taking of water.
The SUS water treatment system is designated a Non-Municipal Year-Round Residential
(NMYR) Water System under the regulations. A NMYR system must have a current Engineering
Evaluation Report (EER) which certifies that the water treatment system is providing the required
level of treatment and specifies additional operational checks and maintenance schedules.A
36 KING ST EAST, SUITE 700, TORONTO, ON, M5C1E5| WWW.SKYLINEINVESTMENTS.COM
Page 32 of 61
2.a) Motion to Adopt the Agenda.
NMYR system must also regularly collect and test watersamples according to the Ministry
Regulations.
The water system is subject to an annual inspection by a Water Inspector from the MECP and any
concerns regarding treated water quality must be reported to the Medical Officer of Health via the
local Public Health Unit.The system must be operated and maintained by a suitably licensed
operator and/or trained person who is recognized and qualified to operate the system.Clearford
Waterworks Inc., a division of Clearford Water Systems Inc., is retained by SUS for the
operation, maintenance and management of this system.
It’s also important to remind Council that we participated, with the Municipality, in an extensive
Environmental Assessment (EA) process that set the long-term direction for water and sewage
treatment for Horseshoe Valley. One of theconclusionsof this EA was to integrate the Zone 1
customers into the new municipal system. This EA process and the recommendations contained
in the final document were endorsed by Council
It is the objective of SUSto ensure the drinking water system is providing safe, reliable drinking
water to all customers and consumers.
I trust this clarifies Skyline Utility Servicesrole in providing drinking water in Horseshoe Valley.
Respectfully submitted
Skyline Utility Services
Paul Mondell, SVP
36 KING ST EAST, SUITE 700, TORONTO, ON, M5C1E5| WWW.SKYLINEINVESTMENTS.COM
Page 33 of 61
2.a) Motion to Adopt the Agenda.
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2.a) Motion to Adopt the Agenda.
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2.a) Motion to Adopt the Agenda.
Our research reveals that solicitor/client privilege is often relied on to justify
withholding information. Apparently legally, morally and ethically this is only binding on
the solicitor and not on the client. The client, in this case the Municipality (and by
extension, the taxpayer \[us\] ) , should be be free to share information with anybody it
chooses.
Page 36 of 61
2.a) Motion to Adopt the Agenda.
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2.a) Motion to Adopt the Agenda.
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6.a) ES2020-4, Michelle Jakobi, Manager, Environmental Services; and Mar...
Page 39 of 61
6.a) ES2020-4, Michelle Jakobi, Manager, Environmental Services; and Mar...
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6.a) ES2020-4, Michelle Jakobi, Manager, Environmental Services; and Mar...
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6.a) ES2020-4, Michelle Jakobi, Manager, Environmental Services; and Mar...
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6.a) ES2020-4, Michelle Jakobi, Manager, Environmental Services; and Mar...
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6.a) ES2020-4, Michelle Jakobi, Manager, Environmental Services; and Mar...
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6.a) ES2020-4, Michelle Jakobi, Manager, Environmental Services; and Mar...
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6.a) ES2020-4, Michelle Jakobi, Manager, Environmental Services; and Mar...
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6.b) CS2020-19, Donna Hewitt, Director, Corporate Services re: Enbridge ...
Report
Report No. To: Prepared By:
CS 2020-19 Council Donna Hewitt, Director
Corporate Services
Meeting Date: Subject: Motion #
July 22, 2020 _____________________
Enbridge Gas Expansion
Roll #: R.M.S. File #:
Old Barrie Road
Recommendation(s): Requires Action For Information Only
X
It is recommended:
1. That Report CS 2020-19 be received and adopted,
2. That, in alignment with the objective of facilitating increased access to natural
gas, that Council supports the expansion of natural gas along the Old Barrie
Road between the communities of Rugby and Edgar
3. That Council, supports in principle, the financial support of the future expansion
project through the use of the Incremental Tax Equivalent (ITE) as described in
Report CS 2020-19,
4. That correspondence, in support of the Old Barrie Road expansion project,be
,
5. And that staff report back to Council on the status of the expansion project as
information is available.
Background:
Rural municipalities such as the Township of Oro-Medonte provide a number of
desirable features for its residents such as significant tree canopy and green spaces,
often larger estate sized lots and are the home to a wide variety of active agriculture-
focused properties.
The benefits of residing in a rural municipality also present disadvantages. One such
example is access to natural gas. Due to the low population/property densities from
both a business and residential perspective, it is often not financial feasible for the
natural gas providers to install the necessary infrastructure to extend services within the
municipality.
Corporate Services July 22, 2020
Report No. CS 2020-19 Page 1of 4
Page 47 of 61
6.b) CS2020-19, Donna Hewitt, Director, Corporate Services re: Enbridge ...
Council has identified this as a serious challenge that places our residents and
businesses at a competitive disadvantage ultimately negatively impacting lifestyle and
property values. As such, under the goal of Balanced Growth in the 2015-2018
Corporate Strategic Plan, the objective of Facilitate increased access to natural gas
was established as a priority.
Analysis:
The Ontario Energy Board (OEB) prescribes what an expansion
economic feasibility must be and therefore where and whether expansions can occur.
Due to construction costs and low customer density, many projects do not meet the
prescribed economic feasibility threshold. As such, the projects do not proceed without
financial assistance from government, contributions from those gaining access to the
service or other funding mechanisms enabled by government. It is important to note that
every new customer added by a project will be contributing to the costs of the project
through a volumetric surcharge and current natural gas ratepayers are contributing as
well by funding the Natural Gas Expansion Program through a flat-fee monthly
surcharge.
The Natural Gas Expansion Program is designed to help extend access to natural gas
to areas of Ontario that currently do not have access. This program encourages
communities to partner with gas distributors on potential expansion projects that would
not be built without additional financial support.
Currently, the Ontario Energy Board is accepting submissions on potential projects from
utilities for natural gas expansion projects with a deadline of August 4, 2020.
Staff have been actively advocating on behalf of our residents and businesses with the
natural gas provider serving Oro-Medonte, currently Enbridge Gas Inc. as well as with
all levels of government.
Through these efforts, staff have been made aware of the Natural Gas Expansion
Program. Enbridge Gas initially assessed areas of service gap within Oro-Medonte. In
those unserviced areas they determined that the density was not sufficient to meet the
economic threshold and they did not have any projects identified within the municipality
for submission to the Program.
Further discussions were recently held with Enbridge Gas staff regarding the on-going
need our residents and businesses face. Enbridge Gas staff have subsequently
reviewed their modelling and are prepared to assess and potentially submit an
expansion project that would extend infrastructure from the community of Rugby to
Edgar along the Old Barrie Road (Old Barrie Road Expansion Project). Approximately
150 properties (residences and businesses) could benefit from this expansion. In
addition to benefiting these property owners, this infrastructure would provide a
xpansion
along Township lines being less cost prohibitive.
Corporate Services July 22, 2020
Report No. CS 2020-19 Page 2of 4
Page 48 of 61
6.b) CS2020-19, Donna Hewitt, Director, Corporate Services re: Enbridge ...
As part of the submission to the OEB, Enbridge Gas is required to submit a letter of
support from the municipality.
The Old Barrie Road Expansion Project would be one of a number of submissions that
Enbridge will be filing with the Expansion Program. In an effort to elevate our
application and improve its economic feasibility, the natural gas providers and the
provincial government looks favourably upon applications that include a private/public
partnership. Public partnership could take the form of an upfront cash/financial
contribution to the project or could take the form of an Incremental Tax Equivalent(ITE)
contribution. The ITE is calculated based on the incremental value increase of the
Enbridge assets installed for a particular project; i.e. pipe, services, stations etc.; all of
which are subject to property tax. The value of the ITE represents the difference in the
property tax value that Enbridge would pay to the municipality pre and post expansion
(not including the County and School Board components). The ITE would be in place
for a 10-year duration, and for a project of the scope of Old Barrie Road, the
contribution back to Enbridge is estimated not to exceed a total of $100,000.
Annually the Township would collect the property taxes (installed assets) from Enbridge
in accordance with MPAC assessment. The incremental tax equivalent value would
subsequently be provided back to Enbridge over the 10 year period.
Those incremental tax revenues would not be generated unless the expansion were to
occur.
the project.
The ITE is a relatively new public partnership option with only one other municipality
that staff are aware of (Kawartha Lakes for natural gas expansion to Fenelon Falls)
utilizing this option.
Financial / Legal Implications / Risk Management:
ITE support:
Should Council support the concept of public partnership through an ITE contribution,
for a 10-year period, the Township would not benefit from the incremental tax revenues
resulting from that infrastructure installation. However, any incremental tax revenue
beyond that 10-year period will benefit the municipality in the long term. Without the
expansion this assessment increase would not occur nor the corresponding increase in
tax billings.
Utilizing the ITE could be viewed as setting a precedent for future natural gas
expansions, however, staff suggest that each project should be assessed by both the
natural gas provider and the municipality on an individual basis.
No ITE support:
Should Council support the expansion project without a financial ITE contribution, there
would be no financial implication to the municipality.
Corporate Services July 22, 2020
Report No. CS 2020-19 Page 3of 4
Page 49 of 61
6.b) CS2020-19, Donna Hewitt, Director, Corporate Services re: Enbridge ...
Policies/Legislation:
Corporate Strategic Goals:
Balanced Growth
Consultations:
CAO
Chief Financial Officer/Treasurer
Manager, Finance/Deputy Treasurer
Coordinator, Economic Development/Communications
MPAC
Enbridge Gas Inc.
Attachments:
Conclusion:
Council has prioritized the expansion of natural gas within both the 2015-2018
Corporate Strategic Plan and the current Economic Development Strategy.
The Old Barrie Road Expansion Project would provide an opportunity for 150 owners to
access natural gas for their residences and/or businesses. Further this project would
establish a backbone of infrastructure through the municipality enabling the potential for
future expansion.
-
elevate a natural gas expansion project that otherwise may not meet the financial
threshold of the provincial and private sectors limits.
Respectfully submitted:
Donna Hewitt
Director, Corporate Services Date: July 17, 2020
Approvals: Date: July 17, 2020
Robin Dunn, CAO
Corporate Services July 22, 2020
Report No. CS 2020-19 Page 4of 4
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7.a) Robin Dunn, CAO re: Update on COVID-19 Actions.
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7.a) Robin Dunn, CAO re: Update on COVID-19 Actions.
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7.a) Robin Dunn, CAO re: Update on COVID-19 Actions.
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7.a) Robin Dunn, CAO re: Update on COVID-19 Actions.
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7.a) Robin Dunn, CAO re: Update on COVID-19 Actions.
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7.a) Robin Dunn, CAO re: Update on COVID-19 Actions.
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8.a) Correspondence dated June 29, 2020 from Colin Nelthorpe, Vice Chair...
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8.a) Correspondence dated June 29, 2020 from Colin Nelthorpe, Vice Chair...
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8.a) Correspondence dated June 29, 2020 from Colin Nelthorpe, Vice Chair...
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9.a) 2020-074: A By-Law to Amend By-Law, 2018-044, “A By-law of The Corp...
Municipal Act
Municipal Act2001
Municipal Act, 2001
Municipal Act2001
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11.a) 2020-080: Being a by-law to confirm the proceedings of the Special...
Municipal Act, 2001, S.O. 2001, C. 25, as amended
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