County as ‘agent’ for Tecumseth Estates, ‘inappropriate’
Letter from AWARE Simcoe board member and Beeton resident Stephanie MacLellan to New Tecumseth Free Press
Regarding your story that Simcoe County is aggressively pursuing its cost award of $5,000 from AWARE Simcoe, an award County Council decided to give away if collected, we learn now County lawyer Marshall Green is acting as an agent for the developer, Tecumseth Estates. AWARE Simcoe believes this is totally inappropriate.
Let’s not forget what brought AWARE Simcoe to where we are today. Simcoe County did not notify abutting landowners as they are required to do. Simcoe County issued a special permit to cut 30+ acres of mature forest through the Forestry Conservation by-law to a developer with an open planning application, something that’s almost unheard of. The overriding issue is that we are losing forests at an unprecedented rate and the south end of the county is particularly impoverished. Where protection is warranted, as was the case here, we feel it is incumbent on citizens to stand up and try to ensure the rules are applied so forests survive.
Simcoe County “floundered procedurally” in the words of Judge Eberhard, first in 2012 by not notifying abutting landowners, and then in 2015, at its quasi-judicial hearing. The procedural errors included allowing the developer to submit evidence after other parties were denied that same request and then not allowing comment from other parties regarding this new evidence. Another mistake was allowing two Simcoe County Councillors votes to be recorded that did not attend the hearing. When Beeton residents raised these issues, they were told by the County Clerk their only recourse was to obtain legal advice. At that point, AWARE Simcoe became involved.
Even though Judge Eberhard stated in her cost award decision that “Tecumseth Estates Inc. should have priority to any enforceable costs,” the County of Simcoe is taking the lead in actively pursuing AWARE Simcoe.
On April 26th 2016 New Tecumseth Mayor Rick Milne told Simcoe County Council that the developer, Tecumseth Estates will not be pursuing costs at this time. So what changed the developer’s mind?
Simcoe County Council gave direction to Marshall Green to pursue costs, but where and when was Green given direction from County Council to use our tax dollars to assist the developer and act as his agent? Who, specifically, gave that direction?
Governments should remain neutral. Sadly, it seems, Simcoe County does not play fair when it comes to dealings with its citizens, whose “Greater Good” is this all really for?
If ‘Aware’ was serious about saving trees they would put some effort in fund raising to purchase woodland properties and protect them, instead of wasting your efforts on trying to force your way on a private landowner. Land ownership goes back to the first settlers here in Canada, who have enough costs and concerns to deal with, let alone dealing with locals who think they own properties they don’t.