june 30th 2015

Minutes for June 30th 2015

Meeting called to order 7:15 by Don Johnson and Joan Olech


Minutes for last month’s meeting read by Gregg Wilson and accepted


Joan Olech reported that the Greenbelt plan books she spoke about last month have been ordered but have not arrived yet. As soon as they come in, they will be handed out to members.

Don Johnson reported that he wrote a letter in April on behalf of the HHLA about the Greenbelt plan regarding private property and regulatory rights taking, with an additional letter from himself personally “about Crown grants having precedent over the act”. There has been no reply to the letters.  A copy of the letters is available to any members if they ask Pres. Don

A discussion of emails and reporting to members was had. Spam filters and call phone call groups were also discussed.  Members are asked to add President Don Johnson e mail address to their e mail address books that his e mails will not be discarded to the trash by their e mail filters


Items 1:

Willy Wakulich discussed his court case. He installed solar panels under a Solar Panel contract with the government. He had a letter of permission from the City. The Conservation Authority ordered him to remove the panels. 

He went to court twice and won both times. The Niagara Parkway Conservation Authority (NPCA )asked the judge to reconsider his decision on June 24 2015. The Conservation Authority has until the middle of July to Appeal the decision.

The judge in the case asked the Conservation Authority if the CA could in the CA’s opinion overturn the No Permit required permission letter. Did the CA feel they could overturn a City decision.  No reply was given.

A discussion followed about the limits of Municipal and Conservation Authority power, as well as the Conservation Authority’s Act.


Item 2

Dave Honey, the president of the Niagara Landowners Association was introduce. He spoke about the importance of having education and knowledge about your rights


Item 3

Tony Kaluzny’s case

Tony has a 3 acre property that has 40 mile Creek along one edge of it. The City introduced a Comprehensive Bylaw that placed a Conservation Overlay of 100 feet from the water’s edge. He followed the Due process of law and went through the OMB, then to the District Court.  He contested that the Municipality did not have right or interest to his land as he had a Land Grant giving him ownership of the land woods and waters of the property, to his heirs, successors, assignees, forever.

The OMB said in the case that Tony had not introduced a Land Use Plan for his property (which Tony disputes, his Deed is his land use plan), and the OMB dismissed the Appeal. The OMB also stated that the OMB did not have the jurisdiction over the issue of Land/Crown Patents.

 Mr. Kaluzny appealed to the higher court and the Judge agreed with the OMB that the Land Grants were a Superior Court/Constitutional issue.  The judge agreed with the OMB that they dealt with the Planning Act and did not deal with Land Grant issues.


Item 4

New Business: The Treasurer reported that a bank account has been opened with dual signing (Dave and Don), with $1000 in the account. The account is in Dave and Don’s name since the club is not a non-profit organization.

Half the membership money is to be paid to the Head office of the Landowners association. Motion was proposed and passed.

Item 5

Gregg Wilson reported on a CBC news story regarding dumping of fill. The story reported on two sites that were legal, but the reported did not report that. A proposal was made to invite the reporter to a Landowners meeting to educate them on issues facing property owners.

CHCH tv is also doing a report on issues facing Hamilton landowners. A request was made to everyone present to email information regarding any issues they are facing to create a list of people CHCH may wish to report on, in addition to getting general information to the reporter.


Item 6

A flyer regarding the Rural Hamilton Official Plan was proposed to be written and handed out before the end of July. The motion was proposed and carried. Gregg Wilson was to research the issue and report to Don directly.


Item 7

Tom Jones of the Oakridge Moraine watch Landowners Alliance reported on his land issues. He has owned 36 acres of property since 1986. This is in Kawartha Lakes. He cleaned up the former scrap site and applied and received extensive rezoning. He installed a gas bar and restaurant on the site, with plans for future expansion.

The Oakridge Moraine Act came into effect and turned all the buildings into Legal non-conforming. He has been dealing with the OMB for 3 years. The OMB is trying to settle the issue, but it is slow going.


Item 8

Don reported that the Magna Carta is having its 800th anniversary. He reported that an English website is available at http://www.bsswebsite.me.uk/History/MagnaCarta/magnacarta-1225.htm that gives an English translation to the 1225 formal document that succeeded the original 1215 document. 


Item 9

Future meetings will focus on various Acts to give information to members. Acts will include the Municipal Act, The Planning Act, The Conservation Authority’s Act and the Greenbelt Act. Any member can request an Act be researched for the group.


Item 10

 At the end of the meeting 2 new members joined the association and their information and membership fees were received


Meeting was adjourned 9:20 p.m. Next meeting scheduled for July 28th 2015 at 7:15 pm at Seally Park Hall, main St S., Waterdown . Pres Don gives his regrets he will be in the Yukon at that time and will be back for the August meeting. VP Joan will preside at the July meeting .