VOL.

8, ISSUE 4: Fall 2013

Common Ground
Research and Perspectives from the Southgate Public Interest Research Group

The Power of Numbers

"When the mega quarry was first proposed, it simply made no sense to sacrifice precious farm land and source water for short term economic gain, while, instead, our community could support the provincial food economy in perpetuity....... The efforts to oppose this mega development started from the grass roots with a handful of determined volunteers and has now grown to into a movement affecting legislation. The recent developments, withdrawal of the application and the sale of the lands has been tremendous progress and we continue to encourage all our Food and Water First partners to believe in the power of people. When we choose to work together toward a common goal for the protection and benefit of all future generations we can achieve the apparently impossible. If something simply makes no sense, we simply shouldn't accept it! " Carl Cosack - NDACT/Stop the MegaQuarry

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Name That Stench

A Poop Quiz - Southgate Style
waste company to disclose it) because: a) Southgate follows all secrecy rules. b) What you don't know can't hurt you. For the past several years, we at Common Ground have been trying to inform residents about their local government. We've written about Southgate Council's plans to bring multiple waste processing businesses to the town of Dundalk. We've written about the contempt our local representatives have shown for the democratic process and the people who elected them. Below is a quiz to test how well we've been telling the story and how much attention you've been paying to a plan which we believe will do great harm to our community and the people who live in it. 1) Before the end of this year, Southgate Council intends to pass a bylaw allowing the processing of human waste, rotting food waste, and other obnoxious substances in its "EcoPark", which is located: a) Far away from any homes. b) Within smelling distance of the Mayors home. a) Near homes, businesses, and the local elementary school in Dundalk. 2) In 2009, Southgate Council tried to sneak through a plan to allow waste processing. It didn't happen because: a) Members of Council decided to do the right thing. b) The Ministry of Environment said waste was being processed too close to the town. c) While trying to conceal its true intentions from the public, Southgate prepared two versions of the same bylaw, one that allowed commercial waste processing and another that didn't. Council got so confused that it passed the version that didn't allow waste. It now refers to this as an "error" that needs to be corrected. 3) Council told the public about the "error": a) Immediately, with much embarrassment. b) A year later, before it signed deals with waste companies c) Almost three years later, after it had already signed deals with waste companies, and after residents demanded details about when this had been allowed. 4) When Council sold land to waste companies in 2011, it concealed this information (until Ministry of Environment regulations forced the they would not), Southgate Council: a) Voted against breaking their promise to their constituent b) Put the interests of their people before the c) The waste company asked Mayor Brian waste processor's and said we can wait for Milne not to tell anybody. approvals 5) After learning about the waste deals, c) Voted to break their word, plow ahead and Southgate residents looked for answers during conclude the deal because the developer Council's Question Period. Council responded asked them to by 10)Southgate Council meets on Wednesdays. a) Answering all questions. The agenda comes out Monday, two days b) Setting up meetings so residents and before the meeting. Councillors could have a frank talk. If you wish to speak to Council, your request c) Abolishing question period. must be in by the previous Thursday four days 6) When members of the public tried to record a before you even know Council will be Council meeting to create a public record of the discussing. When you get the agenda and then discussion, Mayor Brian Milne: ask to speak, the response you'll receive is: a) Invited them to go ahead because, after all, a) We're always glad to hear from you. the meetings are public, being held in a b) Come on down! taxpayer funded facility, and the Mayor and council are being paid taxpayer money to c) Request denied. attend 11) After deciding (secretly) to bring waste b) Proposed that Southgate videotape the processing to Dundalk, its next steps were to: meetings for them, like other municipalities do. a) Inform the public, examine the economic and c) Called the OPP. environmental impact, encourage a public 7) In response to citizens' requests, two discussion on the pros and cons, develop a independent investigations of Southgate's criteria and process for competitive bids to get private meetings were conducted. The the best deal for the municipality. investigations conclude: b) Study reruns of the TV series "I've Got a a) Southgate follows all privacy rules. . Secret". b) What's a few secrets among friends? c) Meet privately with a few selected waste c)Southgate was guilty of multiple violations of companies, give them permissions prior to Provincial law by holding private meetings to Planning approval, and sell them land without doing a proper appraisal. discuss public issues. 8) One of the investigations found that Southgate's Economic Development Committee held secret meetings with no agendas or public schedule. When residents asked for minutes to find out what the meetings were about, they were told: a) We'll send you a copy of the minutes. b) A dog ate the minutes. 12) Facing public outrage over its decisions, Southgate Council responded by: a) Reconsidering its position. b) Summoning councillors to a private meeting to rehearse dance steps to the Bee Gees' "Jive Talkin,"

We dedicate this issue of

COMMON GROUND to the polite, persistent, passionate citizens on the front lines of the fight for our future . - CG

It is horrifying that we have to fight our own government to save the environment. Ansel Adams

"SPIRG is a proud partner of Food And Water First"

c) Hiring a Public Relations company. c) Southgates former Economic Development Commissioner took the minutes home and If you answered a) to most questions, we admire your presumption that surely, the people won't give them back. we elect are behaving the way you'd expect. Unfortunately, the correct answer to every 9) When considering concluding the sale of question was c). If you got those right, we'll land to the waste processor before they make you an honorary member of SPIRG. received MOE Approval, and contrary to the Better still, become a real member by contacting sale agreement for the land (also despite us at admin@stopthewastepark.com publicly and emphatically promising residents

GO BACK JACK, DO IT AGAIN October 30 Public Meeting on Zoning

She must have surprised even herself. Normally quiet, gentle, a teacher of young children, on this evening she became an impassioned grassroots leader and spoke out and stopped the farcical Public Input Meeting dead in its tracks. weakly supported with anything but the spin of Bay street lawyers and slick PR men dining out on our tax dollars. But then, to see Council divided even on whether to continue with the meeting that denied the public access to their rights - it became clear how out-of-touch the elected and appointed had become from both the community and the principle of public service. And then, a glimpse of sunlight through the clouds. Through the passion, logic, and courage of just one fed-up resident who rose to lead the whole community in that moment - we saw that justice and the rule of law actually can sometimes trump power and arrogance. The meeting was stopped. And rescheduled. And now the date is upon us. On Oct. 30th, at the Highpoint School, at 7:00 PM, Southgate Residents will once again have an opportunity to make known their objections to Councils proposed bylaw to zone Dundalk industrial land for Commercial Waste Processing and other uses (once again conveniently not mentioned in Council's notice of Public Meeting of last week's newspaper). If you are confused that this public consultation comes now, after one waste processing facility has already been built, and a composting site has been listed for sale at a handsome gain, you are not alone. But make no mistake no official plan, and no zoning bylaw prior to the new one proposed has authorized Waste Processing as an allowed land use in Dundalk. In fact, Dundalk's Bylaws preamalgamation specifically outlawed, and I quote, Commercial manufacturing of fertilizers from dead animals or from human or animal waste. Otherwise, Mayor Milne would have no reason to press for this bylaw. Southgate Township recently settled out of court with a financial payment in the tens of thousands paying a waste facility operator who bought land from Southgate, and later discovered that the zoning did not support the use they intended. (SPIRG wrote to Mayor Milne cautioning about this liability risk before the deal closed, but got no reply.) Dundalk is not zoned for waste and this is not over. But the intention of the Mayor and apparently the majority of councilors is to continue trying to cover the tracks of earlier bad decisions. What matters now is that those citizens who can also find the grassroots leader within themselves. If you fail to express your views on this proposed zoning bylaw, you silently sentence Dundalk and specifically the students at the nearby school to a future filled with industrial waste processing and all that goes with it. If youre a citizen of Southgate, you should be a vocal one on this night.

Coming Events
Wed. October 30 Southgate Waste Re-zoning PUBLIC MEETING Highpoint Community School 351 Main St W 7PM
Where residents can express their concerns on the record. It could also be the last before Dundalk and Southgate become permanent willing hosts to as much waste as profit seeking private companies can negotiate into our community, on our farmland and in our headwaters. Consider preparing your comments in writing and submitting in person or via email, on the record at brian.milne@grey.ca. and dwhaley@southgate.ca.

Moments before, the people sardined in the hall, wanting to be heard, wanting to hear, exchanged glances burning with frustration. Even now when they finally had their public meeting where they had a mandated right to tell Southgate Councilors their concerns over a proposed bylaw to zone industrial land in Dundalk for waste processing. Even now after petitions, investigations, blockades, lawsuits, and signs everywhere they were disrespected again. Forced to stand, unable to hear or see, silenced by the enforcement of a firecode policy limiting to 49 the number who could be in the Council Chamber. It was too much. What the Mayor and Council had not planned for was an activated citizenry or a proper venue to accommodate the number of citizens, incensed by the plan to make Dundalk a dumping ground for richer communities' waste. To those assembled, it seemed inexplicable that their elected Councilors could still press for a policy that had been so widely opposed, so deeply harmful to the identity of the community and its citizens, and so

October, 2013
SPIRG Court appeal of building permit based on incorrect zoning Brampton Courthouse Date still to be announced

They're Spending My Tax Dollars on WHAT ???

How many hours of work does it take you to earn the taxes you pay Southgate Township each year? If you pay approximately $2,000, and if you take home $15 an hour (after deductions), you work approximately 135 hours to just to pay your municipal property taxes. So how would you feel if Southgate spent that entire $2,000 to pay for only four hours of a Toronto lawyer's time? Well, that's what Southgate Council has done spent more than $120,000 (and counting) to hire lawyers to help a waste company fight residents who disagree with them. That's the entire taxes for you and 60 neighbours. Now get this: the waste company already had its own Toronto law firm. Southgate spent $500 an hour of your money to buy them a second one. Why? We've asked the same question. Maybe it's the same reason Southgate Council is spending $1,200 a month or more on a Public Relations firm to tell you what you should think about obnoxious waste uses in Southgate. Last year, Southgate Council voted to hire to Pearl Street Communications. But wait, isn't that the same PR firm the waste company was already hiring to spread its, um, message? But why would Southgate hire a PR company to make it appear that members of the public support trucking in Toronto's waste, especially when the waste company was already paying the same PR company to do that? We've asked that question too. Maybe it's the same reason why Southgate sold land to waste companies without any public process. Why these sales agreements contained escape clauses so these companies could avoid paying fees to Southgate, and why one company was paid $30,000 by Southgate after it decided to drop its plans to bring in waste. Hmmmm.

November 21, 2013

SPIRG Annual Meeting 7:00 p.m. Guest Speaker John Filion Dundalk Community Center 550 Main St E Dundalk Everyone welcome to attend

Put a lid on this! What you can do!

ATTEND October 30 PUBLIC MEETING voice your concerns, in person, on the record .What is their long term vision and with what real profit and expense to Dundalk and Southgate ratepayers. Contribute generously to our legal fund Write your own letters to the editor Attend council meetings Write your own letters to our mayor and council because you can`t ask questions at council meetings anymore. Subscribe to receive agendas and minutes. Council

REFLECTIONS
What a Waste Southgate Township, Zoning and the Courts
Two years ago, SPIRG asked Southgate Council to stop approving deals with waste companies in Dundalks industrial park, and to not issue them building permits - for the simple reason that the land was not zoned for this purpose, and their actions were therefore illegal. We also warned them that these illegal actions could lead to financial liabilities for Southgate taxpayers when the land buyers realize they did not have zoning to develop waste projects. Southgate Council refused to even pause; in fact, they sped up the approvals. They left the community with no alternative but to take its own municipality to Court - where the matter still lies. Now, while Southgate Township is still pretending in its legal fight that the existing zoning permits waste disposal and processing, three of the Township's other actions admit that they dont believe it themselves. Earlier this year, Council itself initiated a site-specific zoning change for the Southgate Soils parcel. That move quickly became the subject of an OMB appeal by neighboring residents. Next, Southgate initiated a broader rezoning of the industrial park to allow waste uses - something they would obviously not need to do if the land was already zoned for that purpose. And recently, Southgate paid an out of court settlement, for tens of thousands of dollars, to Southgate Soil Recycling, who backed away from constructing a waste disposal and processing facility because the zoning was not in place for the purpose they intended. (As we warned Mayor Milne at the time, this easily foreseeable cost could have been completely avoided in Dec. 2011 when time ran out for the buyer to fulfill their conditions on the land deal, and when it was well known that the zoning did not support the use for which the buyer purchased the land.) Notwithstanding these actions, Southgate Township continues to hang over SPIRG's head a court award for legal costs. These costs were incurred by Southgate to convince a judge that the Township acted appropriately in issuing a building permit for a waste disposal and processing facility on land that was not zoned for waste disposal and processing. They tried (unsuccessfully) to sidestep the need to deploy this ruse with a move to deny court standing to SPIRG (and thus to deny court standing to all the people who donated to SPIRG's legal fight.) When SPIRG appealed the Sept. 2012 ruling, Southgate went to court to force SPIRG to come up with a deposit against potential future cost awards. Of the two possible meanings of "the golden rule," the evidence suggests this municipality operates on the principle that "he with the most gold rules." But, this story still isn't over, and you can still play a part in how it turns out. To keep all obnoxious waste out of Southgate, we need to win two battles: the Court case and the rezoning decision. The Court case is in the hands of our lawyer the second prestigious law firm that has taken on our cause pro-bono (for free) because they believe the municipality's actions are wrong. The rezoning is now in the hands of Southgate Council the people who promised during the last election to represent your interests and point of view. The Public Hearing on October 30th is a chance for you to speak up. If you think trucking in huge amounts of the waste from big cities to Southgate is a good idea, you can say so. But if you believe, as we do, that this will be a disaster for Dundalk in particular but also for the rest of Southgate please say that to Council on Oct. 30. . Quite a bit is at stake the future identity of the largest village in our Township how it smells what kind of traffic rumbles through it and how people feel about where they live, and where they have invested their life savings. At time of press, we still dont know the date for this trial, but keep an eye on social media channels for news. And, by the way, pro-bono lawyers still charge for expenses. If youre the kind of person who believes in this fight and can help with in the cost, your donation will be gratefully received by SPIRG: http://www.stopthewastepark.com/

Complain to the Ministry of the Environment when it smells. Write your own letters to the Minister of Municipal Affairs whose latest update on July 17, 2013 from our petition filed in May 2012 states The Ministry has not yet completed its full review of the issues that were raised in the petition. Once the review is completed the ministry will be in a position to respond to you about the petition. The Ombudsman`s office also awaits the pending MAH Report

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