Delegation to Melancthon Council

August 13, 2009

Marni Walsh/Karren Wallace

“NO STONE UNTURNED”

2400 acres, 200 feet deep, forever: The Highland Companies Mine.

Ladies and Gentlemen, Madame Mayor and Councillors.

Let this delegation be known as “No Stone Unturned”. From this moment forth, it is the attitude that Council and residents must adopt to combat the social, economic, and environmental disaster that is facing this Township. Limestone is valued at 18 million dollars an acre; why would Mr. Lowndes stop at 2400? He continues to assemble land, now 7,500 acres; Potatoes are only valued at $5000 an acre. It would be prudent to assume that his plan - is to “leave No Stone Unturned”.

Joining a fight for soil and water may have separated some neighbours, but it has and will continue to unite many more. Karren and I are united by our farming history and our desire to protect our children’s food and water. But on this night, Karren and I are united by a passionate belief that this is a fight we can and must win.

As our Council, you have continually reminded us that no matter what you do, the ultimate decision will be made at the Ontario Municipal Board and that costly studies will be at the expense of the Tax Payer. But make no mistake, the OMB will base their decision largely on what is done here, by this Council, to prove through professional studies, that a 2400 acre, 200 foot deep mine does not belong on the headwaters of 2 vital water sheds serving over a million Canadians. That such a mine does not belong on Prime Agriculture land that is strategically located to feed Canada’s biggest population base during a time of climate change and world wide food shortage. Legally, these studies can and must be paid for by the applicant, if such requirements are in the Official Plan.

Council has the ability and tools to be in charge of this situation; to take a stand, and set the conditions to protect the land and water for the Township as mandated in the Official Plan. Under “Water Taking”, Melancthon’s Official Plan states: that water taking shall not be approved unless Council is satisfied that “the quality of ground and surface water in the area will be maintained and, where possible, improved.”

2400 acres of holes will be blasted through the headwaters and left in Melancthon for eternity. It is very questionable that the cement walls and pumps

that a Melancthon farmer is expected to maintain, at some unimaginable cost – forever, will secure the headwaters and “maintain the quality of water”. In fact, similar mining plans have been turned down by both Caledon and Flamborough because the comparative studies, where the water recirculation process was used, were done on completely different soil types. Quoting Councillor McCarthy of Flamborough: “It became an indisputable truth: All filed documents held that the suggested process, of the whole Water Recirculation Process proposed by the applicant, was “theoretical” and not tested.”

The “No Stone Unturned Plan” we present tonight, is not new; it was first introduced to you by Karren at the April 2nd Council meeting and was immediately supported by Harvey Lyon. It was presented again by Rob Uffen on June 20th, and most recently by Dave Vander Zagg on behalf of NDACT. It was re-inspired by a press interview with Councillor McCarthy who is fighting the same fight for residents in Flamborough and winning.

It took a matter of hours to confirm the information with the Ministry of Municipal Affairs and Housing. Conditions set in the Official Plan insure the best chance for the security of the Township and costs little more than the Planners time to implement them.

As well as implementing the conditions into the Official Plan, Council must adopt the AEMOT Study into the OP- as our neighbour, the Municipality of Grey Highlands did in 2001; and amend the Planning Fees and Charges immediately, to reflect the true cost of processing an aggregate application. Currently, Melancthon has no fee.

Please advise ratepayers if any of these options have been pursued to date.

Marni Walsh

Deputy Mayor says Highlands Companies "Crossed the Line"

By Marni Walsh

Shelburne Free Press & Economist May 14,2009

It was a busy day at Melancthon Council May ih with three

delegations of area arenas presenting budgetary issues and a

gallery of residents looking for answers from Council on a recent

media release by Highland Companies.

In the April ao" Orangeville Citizen, Highland Companies'

corporate media release entitled "Melancthon needs economic

growth, diversity" presented a gloomy outlook for the economic

future of Melancthon and stated that it "wants to work with

Melancthon Council and residents "in pursuit of an economic

vision ..." In achieving their objectives, Melancthon could avoid the

possible "amalgamation with another municipality."

"I am personally offended," said Deputy Mayor Bill Hill

addressing Highland Companies' representative Michael Daniher

who was seated in the council gallery. "Highlands Companies has

crossed the line". Residents broke into applause and Deputy Mayor

Hill continued on to say the article was "misleading" and that he

was unhappy with the way the corporation was portraying

themselves as "a saviour".

"The point about amalgamation is the most disturbing and shows,

in my opinion" underscored Hill, "a lack of understanding about

Melancthon and the political structure and process of Dufferin

County governance."

The corporate media release noted several points of financial

gloom for Melancthon starting with a 76% property tax increase -

one that never happened. Highland Companies article stated that

this was avoided "in part by transferring reserves, reducing costs

and deferring activities." Deputy Mayor Hill says the first budget

was in essence a 'wish list' and showed all of the things that could

be done ifmoney was no object." The second budget showed over

$400,000 in reserves.

Mr. Daniher apologized, saying the information sited was on

public record and that "no offense was intended". He also made the

point that Highlands Companies was exercising their right "to

express their views as any residents can." Reportedly, no Highland

owners reside in Melancthon Township and the corporation is a

numbered company with no voting rights.

Residents expressed their dismay over the corporate media release,

both at Council and in letters to the editor of The Citizen. During

question period, a Melancthon resident expressed her concern over

delays in the completion of the Township's Official Plan, anxious

that the Highland corporation might be able to influence its

contents. Council assured her that this would not happen and that

delays were due to new Provincial legislation that needed to be

implemented into the Plan.

Highland Companies references to (avoided) tax increases, grant

reductions, cutbacks and other negative economic images in their

media release hit a nerve with Council for failing to note not only

the 400,000 in reserves, but the $309,000 annual income to

Melancthon Township through the Amenities Agreement with

Canadian Hydro. This fund, generated from wind turbines, will

continue for the next 20 years and is to be used for the betterment

of the community. And in addition, Melancthon Township Clerk,

Denise Holmes says "This figure does not include what the

Township receives in tax dollars (from the turbines). In 2008, the

Township received approximately $941.59 for each turbine (there

are 45 Phase 1 turbines) and Phase II (88 turbines) has not been

taxed yet."

In a later correspondence, the Deputy Mayor stated, "Council is

well aware of the impact of the current economic downturn on our

citizens. In fact, we have established a special reserve of$12,000

in our budget. We will be working with Dan Best, Director of

Community and Social Services with the County to establish the

procedures and maximums allowable for Melancthon citizens to

access (the reserve) in addition to the County programs in the

event of severe personal hardships."

Council has invited Highland Companies representative John

Lowndes to a May 21st meeting to discuss his company's plans for

aggregate and wind power projects in Melancthon as outlined in

the corporation's DVD that was circulated to residents last month.

Although the invitation was declined, Michael Daniher indicated

that Mr. Lowndes would like to comply, but was "unable to

attend" on the suggested date.

A figure of 400 future jobs in Melancthon has been put forth by

Highland Companies, including 40 engaged in wind power.

Council wants clarification on these figures. Resident Harvey

Lyons expressed particular concern with Highland Companies'

plans for wind turbines, suggesting that 40 jobs might mean

another 100 turbines on Melancthon's prime agricultural lands, and

warned council to be prepared. The Deputy Mayor said he felt that

"Melancthon has done its bit" for wind power. Mr. Lyons

reminded council that if the Province wants turbines to go through

"they will make it happen".

Melancthon Council faces Transparency Questions

Shelburne Free Press & Economist, February 2009

Marni Walsh

"The government is there at the pleasure of the governed; their activities

must remain open and accountable ... " Ann Cavoukian, Ontario Privacy

Commissioner

"Transparency" is a busy buzzword in government these days, and

municipal councils are not exempt from its burden. It has dominated

the political scene in Orangeville for months, and at their February 5th

meeting Melancthon Council was been called upon to consider the

"openness" of their "Procedural By-law".

"A committee of one" as she refers to herself, Karren Wallace of

Melancthon Township is putting a great deal of effort into making a

case for earlier and easier public access to attachment documents for

council meetings, as well as improved public awareness concerning

Council's scheduled meetings, and quicker access to the minutes of

those meetings.

"How can the public possibly participate in these meetings, if we have

no idea what Council is talking about?" Wallace asked Council. Wallace

holds that without the supporting documents being made accessible

prior to every council meeting, township citizens cannot inform

themselves on the important issues that affect their families, nor

effectively engage or question council on those issues. "Council has

requested that all questions from the public be submitted to the Council,

in writing, one week in advance of meetings. How can we do this if we

have no access to information, and the exact meeting dates are not even

posted on the website?"

Wallace strived to make the decision to increase access easier for

Council by supplying them with a survey of how public access to

agendas and attachment documents are handled by other

municipalities. She emailed the 78 municipalities in the Municipal

Affairs and Housing Central Region, of which Melancthon is a part, and

has received 57 responses to date. Out of the 57, only two municipal

councils did not make full agenda packages available to the public in

advance of council meetings: Melancthon and Mulmur; they provide an

agenda only.

Mayor Debbie Fawcett announced that a committee would be formed to

review Council's Procedural By-law. When pressed over the hesitation

on the issue, considering most other councils (Shelburne for example)

already made attachments available to the public and the press ahead of

council meetings, Mayor Fawcett replied that they wanted to make sure

that they were not violating anyone's privacy by releasing documents

before Council had dealt with them. She also noted that "the resources

to prepare attachments was a big concern" considering their restricted

staffing.

Council has consulted the township's law firm Shepherd, Osyany &

King for their opinion on the issue. A letter of response from the

lawyers was read at the council meeting. The letter stated in part:

"...when documents arrive at the municipal office, staff have to make an

initial evaluation as to whether the documents are public, or protected

through the legislation. Once that initial determination is made, that is how

the documents are to be handled; subject to the qualification, that

documents initially classified as not being public may subsequently be

released pursuant to a redetermination. Identifying the individual appearing

before Council in person, or through correspondence, in connection with a

public matter is not inappropriate ...releasing the individual's personal

opinions or views is what is prohibited, and these presumably have to do

with the individual's views on things like religion. Identifying the individual

appearing before Council in connection with a public matter is in the best

traditions of an open and democratic society ... "

The law firm also commented that "as for how far ahead the agendas and

supporting documents are posted on the web-site, this is a matter for

Council to determine as part of its operating methods. "

When asked for a time-line on a decision by the committee that will look

into the Procedural By-law, Mayor Fawcett said "probably two council

meetings". Deputy Mayor Bill Hill expounded that "Council was very

open, and was not trying to hide anything." Remaining non-committal,

the Mayor did agree that greater public access to agenda attachments

was a "reasonable request" if a system was in place to insure privacy

when necessary.

Wallace's well contained frustration with Council may have stemmed

from her belief that it is a waste of resources for Council to strike a

committee to decide if they should be doing what 55 out of 57

municipalities are already doing. This line of logic did not seem to stir

Melancthon Council, even after reviewing Wallace's survey; as Deputy

Mayor Hill pointed out "he did not care how other municipalities did

it."

"The provincial government is espousing open and transparent

government" said Wallace, "but, in my opinion, the practice of

Melancthon Council does not seem to conform to this ideal. I would

suggest that this municipality will be hard pressed to explain to the

Information and Privacy Commissioner why all the information related

to an agenda can be made public immediately after a council meeting,

but the public has no access to any of this public information in advance

of a meeting".

Wallace spoke of an additional road block to public involvement;

specifically, that of all regular council meetings being held during the

day, when most residents are working and unable to attend. The

majority of municipal council meetings in the Central Region surveyed

are held 'after work' hours.

Councillors pointed out that evening meetings had been held in the past

with no improvement in public attendance. It was Wallace's contention,

that if people were informed, they would attend. Another Melancthon

resident in attendance at the February sth meeting expressed a similar

opinion.

Wallace feels that public involvement and political transparency in

Melancthon Township is crucial at this time. "We currently have an

individual who has purchased thousands of acres of prime agricultural

land in Melancthon. The land is the subject of much speculation

regarding its intended use."

Public concerns have risen in recent months that the land, originally

thought to be designated for potatoes, may eventually be used for an

expansive aggregate operation. "This individual has a paid

representative to sit at every council meeting" said Wallace. "The

majority of ratepayers in the Township of Melancthon do not have this

luxury."

The next scheduled meeting for Melancthon Council is Thursday

February 19th at 9:30am at the Township Office on Hwy 10 north of

County Road 17.