When the Colgan subdivision was being prepared past Deputy Mayor Bob Meadows and Myself as Mayor wanted certain clauses to be put in the subdivision agreement as we believed that there should be full disclosure to protect all parties involved in this development. However, none of the below clauses that we asked for were included in the subdivision agreement by the township staff who prepared the subdivision agreement. Putting the below clauses in the subdivision agreement would have required the developer to include the same clauses in their sale / purchase agreement and might have helped the purchasers make a more informed decisions on whether to purchase the home or not, thus avoiding the current complaints and concerns from the new home owners of Colgan. However, as the subdivision agreement was rushed through without proper documentation and discussion at council. Now, the entire township including the new residents of Colgan are left to deal with these problems. As none of the below conditions and concerns were notified to the purchasers the township could be held liable as defendants in any future claims. In another subdivision agreement in Adjala that was approved this term of council again Bob Meadows was the only councillor who insisted on the conditions being put in the subdivision agreement to inform the purchasers of water concerns in that subdivision. All the other councillors were ready to approve the subdivision agreement without any conditions to protect the township. The conditions were finally added to the Adjala subdivision agreement, so why were the Colgan purchasers not awarded the same disclosure by the township as the purchasers of the other subdivision in Adjala (concession 5, south of 5th side road). Did the township 4 councillors Scott Anderson, Annette Bays, Deborah Hall Chancey aka Deborah Hall, Jonathan Pita who petitioned the meeting to approve the Colgan subdivision agreement act in bad faith as they were fully aware of the concerns and changes to legally binding land tribunal decisions prior to approving the subdivision agreement? If found that they acted in bad faith will all the residents be on the hook to pay for their legal fees just as they have put all their current legal fees from the Treasurers lawsuit on the residents? After all, past councillor Annette Bays has stated that is what the “indemnification bylaw is for” so she could do things contrary to the laws and make residents pay her legal fees. Below are the conditions that Bob Meadows and I wanted in the Colgan Subdivision agreement.
- That the sale / purchase agreement shall include a clause notifying the purchaser that the homes are built using 2.67 as the per unit (home) number of persons per home. Any additional persons per unit could put additional strain on the water and wastewater capacity of the development. The purchaser is purchasing the home and fully understands this clause.
- That the sale / purchase agreement shall include a clause notifying the purchaser that they understand that the water capacity is calculated using 2.67 persons per home and future costs for expansion of the water system to accommodate more than 2.67 persons per home shall be billed to the purchasers of the new homes in Colgan.
- That the sale / purchase agreement shall include a clause notifying the purchaser that they understand that the wastewater plant capacity is calculated using 2.67 persons per home and future costs for expansion of the wastewater plant to accommodate more than 2.67 persons per home shall be billed to the purchasers of the new homes in Colgan.
- That the sale / purchase agreement shall include a clause notifying the purchaser that they understand that after closing of the sale and on occupancy of the home the purchaser shall be liable to contribute to paying the ongoing and increasing water deficit of around $4 million (as of 2021) as all the water systems in the township are billed as one system. For more clarity all municipal wells in the township operate as one system.
- That the sale / purchase agreement shall include a clause notifying the purchaser that they understand that after closing of the sale and on occupancy of the home the purchaser shall be liable to contribute to paying the ongoing and increasing wastewater deficit of around $500,000 (as of 2021) as the New Horizon wastewater system and the new Colgan wastewater system will be billed as one system. For more clarity both wastewater systems in the township will operate as one system.
- That the sale / purchase agreement shall include a clause notifying the purchaser that they understand that the township water and wastewater rates are high compared to water and wastewater rates in the region of Peel, Durham etc. The water and wastewater rates fixed by the township economist watson and associates form part of the sale and purchase agreement as “Appendix -A” .
- That the sale / purchase agreement shall include a clause that the purchasers are notified that the water hookup fees (connection fees) paid for each unit shall go towards paying down the water debt of around $4 million as the Colgan development is hooking up to the municipal wells and main pipe paid for by the township. This reduction in debt paid up using the connection fees shall help in reducing the water rates for all residents in the township including the new Colgan home purchasers on municipal water.
- That the sale / purchase agreement shall include a clause that the water connection fees collected and used to pay up the debt shall be returned to the working funds loan taken from residents on private wells (not on the municipal water system). In turn, money paid into the working funds shall be returned to the residents on private wells as they contributed to the loan although they do not use the municipal water system.
- That the sale / purchase agreement shall include a clause notifying the purchaser that they understand that the sump pump from the home is being discharged into the storm sewer which is contrary to the Ontario Land Tribunal legally binding draft plan of condition that states “stormwater drainage including sump discharge connection to municipal sanitary or storm sewers will not be permitted.” The purchaser acknowledges that they are purchasing the homes fully aware of this change and shall not hold the Township liable in future for any blockage or problems with the sump pump discharge and underground piping from the sump pump in the house to the storm sewer. This change to the Land Tribunal legally binging decision was made without written permission from the Land Tribunal and without written permission from the parties to the original Land Tribunal hearing.
- That the developer shall build a 6 foot high fence around the storm water management pond for safety of residents.
- That a permanent and dedicated haul route shall be established for the trucks hauling the waste from the sewer plant and this haul route shall be constructed with a minimum of six inch of asphalt to enable the haul route to withstand the weight of the trucks.
- That the developer shall apply for building permits as the construction proceeds to enable the township to charge the DC rates as per the 2021 DC annual indexing increases. The developer shall not be permitted to apply for more than 100 building permits at one time. This clause shall help the development to proceed in a financially responsible manner as the increase in the DC charges will help in providing equipment and infrastructure needed to maintain the Colgan subdivision.