{"id":9111,"date":"2018-12-16T19:52:00","date_gmt":"2018-12-17T00:52:00","guid":{"rendered":"https:\/\/savethebalafalls.com\/?p=9111"},"modified":"2018-12-16T22:06:47","modified_gmt":"2018-12-17T03:06:47","slug":"proponents-current-work-after-900-pm-is-illegal","status":"publish","type":"post","link":"https:\/\/savethebalafalls.com\/?p=9111","title":{"rendered":"Proponent&#8217;s current work after 9:00 pm is illegal"},"content":{"rendered":"<p style=\"text-align: center;\"><span style=\"font-size: 14pt;\"><strong>Proponent was given too much over the past four years, but now says they will break by-laws to take more<\/strong><\/span><\/p>\n<p><a href=\"https:\/\/www.mymuskokanow.com\/83296\/thousands-in-fines-offered-for-ot-work-at-bala-falls\/\" target=\"_blank\" rel=\"noopener\">As reported Thursday by MyMuskokaNow \/ MooseFM<\/a>, during the week of December 12, 2018 the proponent offered to pay the Township of Muskoka Lakes so the proponent could continue to contravene the Township&#8217;s by-laws with construction work later than the 9:00 pm allowed by the Towsnhip&#8217;s <a href=\"https:\/\/savethebalafalls.com\/wp-content\/uploads\/2018\/12\/NoiseControl,2005-83.pdf\" target=\"_blank\" rel=\"noopener\">Noise Control by-law<\/a>.\u00a0<\/p>\n<p>This offer would continue the proponent&#8217;s past of paying cash to get their way, as\u00a0they;<\/p>\n<ul>\n<li>Made <a href=\"https:\/\/savethebalafalls.com\/wp-content\/uploads\/2018\/12\/ContributionResults,20180729,Zwig.pdf\" target=\"_blank\" rel=\"noopener\">significant contributions to the Liberal party<\/a> (as did some of <a href=\"https:\/\/savethebalafalls.com\/wp-content\/uploads\/2018\/12\/ContributionResults,20180809,Contractors.pdf\" target=\"_blank\" rel=\"noopener\">their contractors<\/a>) only while the proponent was desperately trying to get environmental approval.<\/li>\n<li><a href=\"https:\/\/savethebalafalls.com\/wp-content\/uploads\/2018\/12\/LobbyistRegistration,20181216.png\" target=\"_blank\" rel=\"noopener\">Paid for Lobbyists<\/a> to scare Premier Doug Ford from <a href=\"https:\/\/savethebalafalls.com\/?p=8980\" target=\"_blank\" rel=\"noopener\">keeping his promise<\/a> to stop this proposed project.<\/li>\n<li>Paid for but eventually abandoned <a href=\"https:\/\/savethebalafalls.com\/?p=8919\" target=\"_blank\" rel=\"noopener\">legal actions to intimidate those questioning them<\/a>.<\/li>\n<li>Are now paying\u00a0lawyers to prevent government documents being released through the Freedom of Information process.<\/li>\n<\/ul>\n<p>They apparently believe that money should win over democracy.<\/p>\n<p><a href=\"https:\/\/www.mymuskokanow.com\/83370\/muskoka-lakes-keeps-noise-fines-as-is-for-after-hours-work\/\" target=\"_blank\" rel=\"noopener\">As reported Friday by MyMuskokaNow \/ MooseFM<\/a>, to their credit, Township\u00a0Council decided they would not accept cash to give a private developer special treatment. Instead, Township Council said they would enforce their by-laws, and we look forward to this.<\/p>\n<p><a href=\"https:\/\/www.mymuskokanow.com\/83419\/after-hours-work-continues-at-bala-falls-says-councillor-zavitz\/\" target=\"_blank\" rel=\"noopener\">As reported Sunday by MyMuskokaNow \/ MooseFM<\/a>, the proponent is so far behind schedule that they are now working three shifts per day. That would be very expensive given the reputation of Quebec-based construction companies. As the proponent has received everything they asked for from the Township, including no enforcement of the Township&#8217;s by-laws, for the past four years, it is quite remarkable that they still don&#8217;t have control of their proposed project and need even more concessions and special treatment from the Township. This might be acceptable if the proponent&#8217;s work would improve Bala, but this work can only lead to endangering local residents, visitors, and the area businesses by the operation of this proposed project.<\/p>\n<p>The whole mess in Bala is due to the Township agreeing to lease three parcels of Township-owned or -controlled land to the proponent. A copy of the executed Lease is <a href=\"https:\/\/savethebalafalls.com\/wp-content\/uploads\/2016\/07\/SREL_LeaseOfTownshipLands,Executed,20160713.pdf\" target=\"_blank\" rel=\"noopener\">here<\/a>.\u00a0Section 11 (c) of the Lease requires that the Township pass by-laws exempting the proponent from particular by-laws for particular purposes, for example:<\/p>\n<ul>\n<li>The proponent would be exempted from the Noise Control by-law\u00a0only for the purposes of running dewatering pumps to pump water from their excavation 24 hours per day.<\/li>\n<li>As required by the Lease, Section 4 of the resulting <a href=\"https:\/\/savethebalafalls.com\/wp-content\/uploads\/2018\/12\/By-lawExemptionBy-law,2016-161.pdf\" target=\"_blank\" rel=\"noopener\">&#8220;by-law exemption by-law&#8221; 2016-161<\/a> allows running electric water pumps 24 hours per day.<\/li>\n<li>Section 6 of the by-law exemption by-law provides an exemption from the <a href=\"https:\/\/savethebalafalls.com\/wp-content\/uploads\/2018\/12\/RegulationOfOutdoorIllumination-DarkSky,2014-29.pdf\" target=\"_blank\" rel=\"noopener\">Dark Sky by-law<\/a>, but allowing lighting only for <em>&#8220;normal security practices&#8221;<\/em> \u2013 that is for security, but not for construction purposes.<\/li>\n<\/ul>\n<p>If the proponent decides to contravene the township&#8217;s by-laws,\u00a0the Township&#8217;s notes their current by-laws only allows for a fine of $150. However, in this case, the Township has far more power, as follows:<\/p>\n<ol style=\"list-style-type: lower-alpha;\">\n<li>Sections 8 (c) and 8 (e) of the Lease requires that SREL comply with the Township\u2019s\u00a0by\u2010laws.<\/li>\n<li>Section 15 of the Lease specifies that the Township may terminate this Lease agreement if SREL does not\u00a0comply with the Township\u2019s by\u2010laws.<\/li>\n<li>Section 8 (o) of the Lease specifies that SREL will pay any legal costs the\u00a0Township incurs in enforcing the provisions of this Lease agreement.<\/li>\n<\/ol>\n<p>Therefore, if the proponent does not comply with the Township&#8217;s by-laws, the Township should notify the proponent that:<\/p>\n<ol style=\"list-style-type: lower-alpha;\">\n<li>Their lease is being terminated.<\/li>\n<li>They are to begin construction of a concrete wall so that their cofferdam can be removed by March 1 for the spring freshet, as they did last year.<\/li>\n<li>The proponent is to pay for the Township&#8217;s legal costs for pursing this enforcement action.<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"<p>Proponent was given too much over the past four years, but now says they will break by-laws to take more As reported Thursday by MyMuskokaNow \/ MooseFM, during the week of December 12, 2018 the proponent offered to pay the Township of Muskoka Lakes so the proponent could continue to contravene the Township&#8217;s by-laws with <a href='https:\/\/savethebalafalls.com\/?p=9111' class='excerpt-more'>[&#8230;]<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-9111","post","type-post","status-publish","format-standard","hentry","category-background","category-3-id","post-seq-1","post-parity-odd","meta-position-corners","fix"],"_links":{"self":[{"href":"https:\/\/savethebalafalls.com\/index.php?rest_route=\/wp\/v2\/posts\/9111","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/savethebalafalls.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/savethebalafalls.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/savethebalafalls.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/savethebalafalls.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9111"}],"version-history":[{"count":13,"href":"https:\/\/savethebalafalls.com\/index.php?rest_route=\/wp\/v2\/posts\/9111\/revisions"}],"predecessor-version":[{"id":9124,"href":"https:\/\/savethebalafalls.com\/index.php?rest_route=\/wp\/v2\/posts\/9111\/revisions\/9124"}],"wp:attachment":[{"href":"https:\/\/savethebalafalls.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9111"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/savethebalafalls.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9111"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/savethebalafalls.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9111"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}