Wellington North resident Jens Dam has launched a second appeal on how the township handled its recent development charge bylaw, despite a libel lawsuit threatened against him by a township lawyer.
Dam claims council’s new development charge bylaw should not have been retroactive and he has argued refunds given to developers was done without proper council consent.
“I filed my appeal to the OMB on the new development charge bylaw,” he told the Advertiser. “Section 8 of the development charge act states the bylaw comes in when it is passed. (There was) no notice the bylaw was retroactive.”
Council approved its newest development charge bylaw in May following a study by Watson and Associates and a public meeting, both requirements under the act.
Developers under the previous council saw a development charge of $17,500 for a single family home on municipal services. When the new council took over, its members attempted to reduce the charges to $10,000, and moved to approve a new bylaw.
The process was appealed to the Ontario Municipal Board (OMB) by Dam, who won support from the OMB because the township had failed to hold required public meetings to approve a new bylaw. The OMB ordered the township to rescind its newly approved development charges bylaw late last year.
Then council, at its meeting on May 28, gave final approval to a new development charges bylaw that replaced the previous one that was rescinded and that returned the charges to levels new councillors advocated for during the last municipal election.
The new fees have been set at $12,000 until the end of 2012 and will rise to $14,000 until Aug. 31, 2013 (development charges are levied to pay the costs of infrastructure related to new development).
The township has reimbursed developers for about $80,000, something Dam claims was done improperly. In a letter to the township Dam took aim at chief executive officer Lori Heinbuch and Mayor Ray Tout for their alleged involvement in the refunds. He also mentioned chief building inspector Darren Jones.
“As you are aware, it was totally illegal and fraudulent to disperse taxpayers’ money. Mr. D. Jones claims Ms. Heinbuch made him send out the letter with the cheque refunds. Where did Ms. Heinbuch get the authority? There was no resolution passed by council. You, Mr. mayor, as head of council has not only political responsibility but also legal responsibility to explain this.”
The statement prompted a warning of a libel lawsuit by township lawyer Robert Dowhan of Smith Valeriote. The letter sent by the lawyer asked Dam to make a public apology for his statements, which he declined to do.
“At this juncture, the township of Wellington North and Ms. Heinbuch request an immediate apology and retraction of any and all statements contained in that letter directed toward her,” the lawyer wrote in his June 7 letter.
“Failure to do so will result in the matter being further reviewed by legal counsel with a full consideration of any and all legal action necessary to address this grievance.”
Neither Dam’s latest accusations, nor those made in the township’s letter, have been proven in court.
Mayor Tout declined to comment on the lawsuit on Monday saying only, “it is in the hands of the lawyer.”
The township is preparing paperwork for the appeal, the merits of which have yet to be ruled on by the OMB.
