Below are extract of pages from the Land Tribunal decisions for Colgan 1 and 2 with regards to the Earthworks agreement signed by then Councillor now Mayor Scott Anderson and the Subdivision Agreement signed by Councillor Annette Bays. Bob Meadows and myself refused to sign the agreements as the legally binding land tribunal decisions were not followed for the Sump pump discharge and the Earth works agreement. There is also no mention in the tribunal draft plan conditions that the township is liable to pay for any upgrades to the water infrastructure and stand pipe and no mention of the wastewater plant to be expanded to support the pre-existing homes in Colgan. The 4 councillors should answer why were these costs put on the township and which section of the Tribunal decision authorized these costs to be paid by the township?
Requirement of sump pumps in Colgan development: After the earthworks was approved and the developer started digging the foundations I received a call from John Thompson (township consulting engineer) who informed me that there was a problem in Colgan as the foundations being dug were filling up with water as it was a high water table. I informed John Thompson the engineers should have known that as the old residents of the township informed me that the farmer who owned the land had installed tile drain to drain his fields. John Thompson informed me that they would have to import material into the site to raise the level of the foundation, I replied that he did not have to inform me about that as per the township site plan laws the developer is allowed to import material without council permission. The developer commenced importing fill from James Dick pit in Adjala. I then got a call from John Thompson that the homes in colgan will require sump pumps to drain the water. I again told him he does not need council permission as anyone can put sump pumps and he has to follow the land tribunal decision on sump pumps and the sump pumps cannot be connected to the storm sewers. He then informed me that there could be a continuous flow of water from the sump pumps so it is advisable to connect the sump pumps to the storm sewer rather than let it drain in the property owners backyard and for this he required my permission. I informed John Thompson that as Mayor I do not have the legal authority to make any changes to legally binding land tribunal decisions and neither does council have that right so I will not be supporting such change in the legally binding draft plan conditions without written permission from the land tribunal. The call ended on this note.
A few weeks later I received another call with John Thompson and Rhond Bunn the township CAO on the line. John Thompson informed me that the engineers have found a way around the legally binding draft plan conditions and the engineers will not connect the sump pump pipe directly to the storm sewer and they will leave a one inch air gap between both pipes. I told John Thompson this makes no sense as the water is still draining into the storm sewer pipe and I will still not support any such change without written permission from the land tribunal. John Thompson informed me that getting the approvals from the tribunal to change the conditions would take months and the developer has already commenced work and selling homes any delays in getting permission from the land tribunal would result in delayed construction and closings. I informed John Thompson, as Mayor, I do not make decisions on council based on market demand and delays in closings, my decisions as Mayor are based on legally binding draft plan conditions. The engineers had done all the studies and should have known about the high water table and taken the necessary steps in advance. The discussion ended at that. I never heard back from John Thompson and was told by the chief building officer Chris Robinson that the development is proceeding with leaving a one inch air gap between the sump pump and the storm sewer pipe. I asked Chris Robinson if permission was obtained from the land tribunal to change the legally binding conditions and he replied the land tribunal cannot stop sump pumps from being installed. The discussion ended. This is further addressed in my link “Email showing documents not available” and then click on January 2022 emails. It is the 4th email on page 4 point 1 sent to the township CAO Rhonda Bunn, the County of Simcoe CAO Mark Aitken. The meeting referenced in the email with all the parties and engineers never happened as the CAO Rhonda Bunn never got back to me on the meeting.
Sump pump discharge : In the below file AT-T-0601 point 48 and in file AT-T-0701 point 51 bottom of the page both clearly state the conditions that needed to be followed for the sump pump discharge. The Tribunal decision was that the connection of the sump pump to the storm sewer will not be permitted. In the subdivision agreement page 112 attached below this was changed with the sentence added “unless permitted by Schedule “B” of the agreement or otherwise approved to the satisfaction of the Municipal Engineer.” but Schedule “B” was empty with no documents, drawings and plans. The meeting to approve the subdivision agreement was petitioned on November 9, 2025 by the 4 councillors Scott Anderson, Deborah Hall Chancey aka Deborah Hall, Jonathan Pita and Annette Bays as they knew I could not attend the meeting as I had another meeting at the same date and time. As I could not attend the meeting my wife (email attached below) along with other residents sent in comments to be read at the meeting informing council that the tribunal decision was not being followed. Council fully aware of the change ignored all the concerns of the residents and approved the subdivision agreement fully aware the Tribunal decision was not being followed. I then contacted the Tribunal in 2023 to get clarification in writing about the legality of council changing the tribunal conditions without written permission from the tribunal.. The Tribunal confirmed with me by email (attached below) that no permission was obtained from the Tribunal to change the conditions. This could now open the Township to legal liability as all the residents of Colgan can demand that the township remove all the sump pumps draining into the sewer pipes and drain the sump pumps elsewhere. How much will it cost the township to remove all the underground piping and redirect the water from the sump pumps? Who will pay to dig up all the underground sump pump pipes from all the homes in colgan to ensure the sump pumps are not draining into the storm sewer pipe? Will the cost be put on all the residents of the township? Will it be the new residents of Colgan who were not informed of this change to the Tribunal conditions be made to pay? But this could open the township to legal liability from the Colgan residents as the Township changed legally binding conditions without permission from the Tribunal, so the residents of Colgan cannot be held liable to pay for something the township approved without permission from the Tribunal? Should all the members of Council who created this problem and approved the subdivision agreement be made to pay for the problems they created? The past council who approved the subdivision agreement in recorded votes and the current council who voted to remove the hold on the development in recorded votes were fully aware of the problems and that their actions were contrary to the laws but they still proceeded.
To work around the Tribunal legally binding conditions our past Township staff John Thompson and Rhonda Bunn along with councillors Annette Bays, Scott Anderson, Deborah Hall aka Deborah Hall Chancey and Jonathan Pita who petitioned the council meeting and approved the Colgan subdivision decided to change that legally binding condition and drain the water in the storm sewer by leaving a one inch air gap between both pipes. But the end result is the water is still draining in the storm sewer whether it is connected or a one inch air gap is left. Now that the Land Tribunal has put it in writing that the Tribunal gave no permission for the change, the Township, the council past and present are 100% liable for amending the legally binding land tribunal decision. The residents who live downstream from the development can take legal action against the township for any flooding caused to their homes or properties by the excess water in the creek (water from storm sewer pipe goes to the stormwater management pond that then drains into the creek) as the Tribunal decision was not followed.
Below pages show the land tribunal decision point 48 on page 1 and point 51 on page 2 and 3. Then on page 4 and 5 shows the subdivision agreement section S15 that I have marked in red the conditions have been changed. Page 6 shows the email sent by my wife informing council of the Tribunal decision before council voted on November 9, 2021. Page 7 onwards are the emails between the land Tribunal and myself . The Tribunal confirmed that the Tribunal has no records of any review to change the conditions and all parties would need to be notified (the parties were all the residents who took part in the original land tribunal hearing as party status) none of the parties were notified.
Earth works Agreement. In the below file AT-T-0601 point 38 and in file AT-T-0701 point 40 both clearly state the conditions that needed to be followed prior to any site alteration. As the Earthworks involves site alteration, the conditions were not followed as the grading plans were stamped for review not to be used for construction that were approved by council. After the drawings were approved by council the site engineers then asked me to switch the drawings. Why switch drawings if the Tribunal decision was followed? There were numerous breaches in the creek with silt flowing into the creek making the clear creek brown with silt.
