Wednesday wasn’t a very good day for the Oro-Medonte Property Owners’ Association (OMPOA).
First, the association’s petition to Oro-Medonte Township council, which sought to “negotiate a settlement of the Zone 1 water fee issue,” was dismissed.
And then, the township made it quite clear that it was going to go to whatever lengths were required to secure the financial judgments awarded them by the courts — about $133,000, plus interest — so residents who are on private wells throughout the township aren’t left holding the bag for the OMPOA’s legal battle with the municipality.
According to Oro-Medonte Mayor Randy Greenlaw, OMPOA submitted a petition to the township on Sept. 16, signed by more than 150 members, that included a number of claims the OMPOA said justified the request to negotiate the settlement.
Township council was having none of it.
“The motion clearly lays out the historical background of what took place and the direction that we’re moving forward as voted on,” Greenlaw said. “Our decision has been made.”
The motion detailed the chronology of OMPOA’s legal challenge against the township going back to July 21, 2021. That's when the Ontario Superior Court of Justice issued a statement of claim brought forward by OMPOA regarding the integration of the private Horseshoe Resort/Freed Development’s Zone 1 drinking water system to the municipal Horseshoe Highlands drinking water system, namely, matters related to system ownership and the collection of fees, as included in the township’s fees and charges bylaw.
On May 3, 2023, the Ontario Superior Court of Justice rendered a decision in the township’s favour.
On July 6, 2023, the same court rendered a decision in Oro-Medonte's favour related to the township seeking costs.
On Jan. 24 this year, the province's Court of Appeals dismissed OMPOA’s appeal of the May 3, 2023 decision by the Superior Court, which addressed all matters relating to the statement of claim, including the integration fee, system ownership and cost awards.
On Aug. 14, council resolved that the township’s fees and charges bylaw be amended to reflect an amendment to the one-time fee of $5,577.24 for those who elect to pay the Horseshoe Zone 1 drinking water integration fee in full at the time that their houses are connected.
On Sept 11, council enacted updates to the township’s fees and charges, reflecting the Aug. 14 direction.
On Sept. 16, the township received the petition from OMPOA.
Council voted 6-1 to reject OMPOA’s petition.
A few minutes later, Deputy Mayor Peter Lavoie presented a motion that would ensure private well users were not paying for the municipal water system.
“By way of explanation, it can be stated much more simply just to say that those persons who, like myself, have their own private well and who are not on municipal water and who gain no benefit from municipal water are not to be charged,” Lavoie said. “Or, at least all of the charges associated with the municipal water system should go to municipal water users and not private well dwellings.
“It's as simple as that,” he added.
Coun. David Clark was onside with Lavoie’s request.
“As a municipal water system user, it’s unfortunate, but I think the principle stays the same — that those who are receiving the service, in this case water users in general, should be bearing this responsibility and the costs associated with running the municipal water system,” he said.
“Sometimes there are costs associated with municipal water systems that aren’t directly related to the service of water, but rather the litigation surrounding it.
“For that reason, I think that makes sense,” he added.
Lavoie’s motion passed, also by a 6-1 vote.
With the topic of litigation on the floor, Coun. Lori Hutcheson wondered aloud if the township had received the money that was awarded to it by the courts from OMPOA.
“No, payment has not been received yet,” Greenlaw responded. “There is a process in which we have to reach out through our legal counsel to request the payment that has been awarded by the courts.
“We are awaiting a response,” the mayor added.
“The mayor is correct,” acknowledged Shawn Binns, the township's chief administrative officer. “We have not received payment and the matter is subject to open litigation and we’re actively pursuing those outstanding costs.”
