Beeton Woods live on in Oro-Medonte

Piles of wood chips mark the site of what was a mature hardwood forest. There is no indication of any farming activity since the clear-cutting in December, 2015.

By Kate Harries AWARE News Network

‘Favoured’ and “non-favoured’ municipal election candidates are listed on an Oro-Medonte website – it could be taken by the non-internet savvy for an official township website, but is in fact the work of a group styling themselves Friends of Oro-Medonte.

Electors are urged not to cast their vote for – among others – mayoral candidate Sandy Agnew. In his case, the website cites as a major reason for disfavour AWARE Simcoe’s role in opposing a developer’s clear-cutting of 35 acres of forest near Beeton in New Tecumseth.

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There are several inaccurate statements to support the thesis that AWARE Simcoe was at fault in this sorry episode – sorry because it shows how lawyers have infested our political and regulatory process and citizens are unable to truly participate without taking legal action.

Court action not ‘tossed out’

AWARE Simcoe became involved after some of its Beeton members raised concerns regarding irregularities in the way a Simcoe County Council hearing was held in the spring of 2015. The county clerk refused to allow them to bring their concerns forward before council and told them that their only recourse would be to take legal action.

Councillors voted to allow the cutting. AWARE Simcoe applied for a judicial review of the decision. A date was set for the spring of 2016. AWARE Simcoe applied for an injunction to stop the clearing until the hearing was held. That was denied and the forest was razed, in December 2015. With the trees gone, AWARE Simcoe decided to withdraw its judicial review application. Its action was not “tossed out” as stated on the Oro-Medonte website.

Marshall goes after AWARE

The motion to pursue AWARE Simcoe for costs was brought forward by then Penetanguishene Mayor Gerry Marshall – newly elected warden and eager to prove his credentials as a solid citizen (he had been somewhat of a thorn in the side of staff and leadership at the county in his first term). Oro-Medonte’s Harry Hughes was a keen supporter, demanding that we release our membership list (which would have been a violation of our members’ privacy).

Other councillors were less enthusiastic, arguing when the matter was first raised that the county benefits from having an organization like AWARE Simcoe. The issue dragged on over several months. Among those who commented was Maude Barlow of the Council of Canadians. “The regulatory system in Ontario is a rubber-stamp process favouring wealthy developers,” she said. “Forcing community groups to pay court costs for opposing these developers is a perversion of justice.”

In the end, Marshall, Hughes and other long-standing AWARE Simcoe opponents prevailed and a majority voted to take legal action against the citizens’ group. County lawyer Marshall Green applied to the court, not only for the county’s costs, but also on behalf of the developer. The judge awarded the county $5,000 – a reduced amount because, she said, the county had “floundered procedurally,” and $27,000 to the developer.

Recently – Marshall, for reasons undisclosed, abruptly announced his departure from the political scene in middle of the current election campaign and is now the CAO of Wasaga Beach.

This was not about farming

The website states that AWARE was trying to stop a landowner from using his own land for agricultural purposes. Although that was the purpose offered on the special permit application, Beeton residents who were familiar with the activities of Tecumseth Estates, owned by the Rizzardo family, felt that the true goal was to facilitate future development by getting rid of a troublesome forest – designated Environmental Protection 1 and 2 in the town’s Official Plan.

And in fact, it emerged during the semi-judicial county council hearing that there was an open development application on the land, something that had not been disclosed when various government bodies signed off on the permit. That should have put an end to the tree-cutting plan – but the Rizzardos quickly withdrew their development application so it was no longer a factor when councillors reconvened their hearing.

In the wake of the rejection of AWARE Simcoe’s application for an injunction, the Rizzardos moved without delay, in December 2015, to remove the forest. Since then, the land has grown scrub, but no crops, making a mockery of the notion that agriculture was the purpose of the application. In October, 2017, the developer suggested to the Town of New Tecumseth that some of the land be used for a future road alignment.

Non-payment of court award

The website states that Agnew personally should have paid the court award. Agnew was a member of the AWARE Simcoe board which deliberated the matter. In view of the fact that lawyers may be reading this post, I will say no more. But Agnew was not in a position to make any decision on this alone.

The battle goes on

We are losing our environment at a frightening pace. But the regulatory system is not a friendly place for citizens who want to be involved. You are allowed to provide input so politicians can point to their inclusive consultation process – but don’t get too serious because they won’t listen. They tell you to lawyer up and then they go after you for doing so.

Who are these people?

No people have their names on the Friends of Oro-Medonte group’s website – which is being used to solicit donations. There is reference to a numbered company, 2649998 ONTARIO LTD. A corporate search reveals that Marc Cohen is administrator and the directors are Greg Groen, Josephone Martensson-Hemsted and David McKee.