Neighbours looking after Neighbours
Sept. 1999, http://plg.uwaterloo.ca/~holt/pit
Newsletter of the Pilkington West Ratepayers Association – Middlebrook Chapter
The OMB has scheduled four such mediation sessions. The last three are scheduled for October 22, November 12 and December 3. The purpose of these sessions is to try to mediate a solution acceptable to both sides in the dispute; and, failing that, to narrow the range of issues to be dealt with at the OMB hearing scheduled for February.
Sound Experts Meet. John Coulter, the sound expert for the association, met with the Murray Group's own sound expert. Mr. Coulter advised that the Murray Group's proposal for the proposed Bowman pit would likely exceed the Ministry noise guidelines. Their meeting was in preparation of the September 17 mediation session.
Your Negotiators. Harry Panjer, Director of the Middlebrook Branch, and Ric Holt, Vice-President of the Pilkington West Ratepayers Association, have volunteered to negotiate on behalf of the association's members along with lawyer Peter Pickfield of the firm Turkstra Mazza of Guelph. Anyone willing to assist in this process is most welcome. Call Harry at 846-9292 or Ric at 846-2298.
Excessive Noise. In the past few weeks, there has been excessive noise from the pits, from crushing operations. Complaints from two neighbours about these problems have been submitted to the Murray Group via lawyer Peter Pickfield, in accordance with our arrangement that during negotiations our complaints are to be forwarded to the pit operator. A previous complaint and official comment by neighbours resulted in the Ministry of the Environment shutting down the pit for about two weeks and issuing a "ticket" to the Murray Group for operating without a valid Certificate of Approval. Subsequently MOE issued a new Certificate of Approval, which requires a noise abatement berm, a noise audit and an odour audit. The Murray Group is now trying to appeal the ticket and is trying to delete the requirement for the berm and the noise and odour audits.
Darrington Pit Exit. The association has filed an objection to the development of a road access to the Darrington pit onto Middlebrook Road, next to the old school house. The road replaces a small grass covered entrance that has not been used in over a decade. The site plans on the Darrington pit place major restrictions on the use of this entrance. In spite of this, the Murray Group has bulldozed and surfaced a road through the Darrington Pit. This road runs immediately beside the schoolhouse studio. The Murray Group made no effort to contact any local resident or township official before building this road. This road exits onto Middlebrook Road in a hilly section with restricted visibility, increasing the potential for traffic accidents.
Darrington Pit Water Table Violations. On Sept. 9, equipment on the Darrington Pit was used to dig below the water table. This is in violation of the site plan requiring no digging within 1.5 meters of the water table. This 1.5 meter (about 5 feet) restriction is meant to keep groundwater flowing into Carroll Creek from becoming diverted and/or excessively heated. Previous pit watertable violations, documented by photographs and direct measurements, were reported to the Ministry of Natural Resources under the Environmental Bill of Rights. The MNR investigated and concluded that there is a need for "improving upon the monitoring of the water table", but strangely concluded that there was "no evidence" of violations, apparently overlooking the photographic and measurement submissions.
Neighbourhood Watch. We would like to collect all complaints of noise, traffic, smell and other problems coming from the Murray Group's pits. Please document any problems you encounter by recording the time, date and any specifics of the concern. The Ontario government is cutting back drastically on its capabilities to monitor problems and will rely on the complaints process. The better complaints are documented, the more able we will be to get effective enforcement and compliance. Please pass on details about problems to Marie Holt (846-2298).
Upcoming Picnic. A second annual neighbourhood picnic is planned for Saturday, October 2 at the home of the Holts at 6565 8th Line West (Bethel Church Road). For details about the pot luck phone Marie Holt (846-2298), and hope for good weather!
Funding of the Appeal. We need financial assistance to support the legal and expert witness fees of the mediation sessions. We hope these sessions will result in a mediated solution. Each session will cost in excess of $2,000. We hope that each month for the next four months, each household will be able to contribute to our legal fund. Harry Panjer (846-9292) will contact members in the next week or two. THIS IS A GOOD INVESTMENT. The quality of all our lives will be improved as a result of these negotiations.
ASSOCIATION MEMBERS
The following persons have given permission for their names to be listed as an objector for the purpose of the OMB appeal.
Ann Collier Gordon Collier Joanne Coyle Geoff Guy Marie Holt
Richard Holt Randall Howard Karen MacLeod Bernice Marshall
Harvie Marshall JoAnn
Martin Judy McMullen Harry Panjer Cecilia Piotrowski Piotr Piotrowski
See also pit web site.