How it all began 2017-2019 Blueberry Creek Timeline
- Reid Mulcahy
- Nov 6
- 20 min read
Updated: Nov 10
June 4th, 2019
Dear Council Member,
This is the story of Blueberry.
I am writing in a final attempt to resolve the matter concerning Blueberry Creek Nature Centre. I understand that Tay Valley Council is divided four to four, as of it’s May 14th meeting, on whether we conform to zoning as a Community Service.
For eighteen months we have been put through a living nightmare, because of the Townships claim we are breaking the zoning bylaw. I purchased this land to start a Not-for-Profit Nature Centre on the first day of spring 2017, and hours after I signed the purchase agreement, my father passed away. I see Blueberry as a living tribute to him, as he struggled in mainstream education, and his life could have been different if he had been able to discover how brilliant he was. He would sneak out of kindergarten to go into the woods to read the adventures of Christopher Robin. Blueberry is what I wished for my own five children, and now my grandchildren.
This has been a labour of love. I have never taken a salary or any other form of monetary gain from running the nature centre, nor do I plan to. For many months it existed out of pocket in the red. It has taken thousands of hours to create and nurture it. I never expected to spend thousand more fighting to save it. I poured a hundred and forty thousand dollars of savings to restore the home and buildings, which needed repair from the foundation to the roof and everything in between. The community stepped forward and made it the beautiful space it is today, a step back in time to an 1850’s pioneer home. We have been contacted by four previous family members of the land to tell us how happy their relatives would have been to see what it has become today. They all recounted their own childhood memories that have stayed with them to this day, such as feeding the ducklings in the pond.
The children from our community are the ones who are truly shaping Blueberry. As most come only one day per week, Blueberry is a chance for them to take a breathe, and dive deep into their own learning. If we had a motto, it would be “You’re brilliant, go to it”. Children are in charge of their own learning, and they amaze us every day. From designing rabbit hutches, to building solar powered robots, writing stories and creating plays, to creating their own science experiments, they are fully immersed in the process. Thousands of studies have now confirmed what Forest Schools have seen across North America and Europe: forest sessions not only make children stronger emotionally, physically and socially, but they perform better academically when in formal school. They even test better. But more importantly, they learn how to think. They learn how to manage risk. They learn to problem solve, and work together with different ages and abilities. They learn to see themselves as capable and competent.
This is why the forest school movement has been growing exponentially these past forty years throughout the world. We now have definitive proof that children need access to nature and outdoor learning that is intrinsically motivated. They need time away from screens and alarms and rigid routines. This is why our local schools are beginning to offer outdoor classrooms and forest kindergarten sessions. Canada now has close to one hundred forest schools. In Sweden they have over one thousand. Blueberry Creek has been the only one I know that has had to fight its own municipality to let children learn in nature.
Since we opened our doors in September 2017, Blueberry has welcomed over seventy children to our land. As each Nature Session has two Forest School Practitioners (all trained through Forest Schools Canada) with 10-14 children aged between 4-12 years, we can offer individual attention and let children take the lead. Some children attend twice a month, some kinders and homeschoolers twice a week, and the majority once per week. Some children only attend for PA days or March Break. Blueberry has become a family to me and many others, wrapped in community and compassion.
Below I have compiled a timeline of events. I am happy to provide supporting documents for each, for I now have hundreds of them. Please confirm you have received this letter, for the many times I have wrote Council in the past I have seldom been replied. I urge you once again to come and see Blueberry Creek Nature Centre for yourselves, to understand this place we have fought so hard to keep in our Community, for the children and families of Tay Valley.
Sincerely,
Robyn Mulcahy
March 2017
Phone conversation with planners at Tay Valley about purchasing 17638 Highway 7 and creating a forest school and nature centre. I am informed it is zoned Commercial “C” and this would fall under “Community Service” or “Recreation”.
March 21st, 2017
Lot at 17638 is purchased. The work to restore it begins.
March 22nd to June 21st, 2017
The foundation wall of the addition, roof, septic, hot water tank, water softener, three bathrooms, kitchen, flooring and subflooring in addition, attic insulation, plumbing, electric and windows are all in disrepair and need to be replaced. Randy Thibeault manages to complete this all within three months, with a stunning new kitchen built of wood recovered from a fallen chicken coop on the property. Scott Dobson fences the land, with a double gate preventing access to the creek. A local mason and his son repair the foundation and create a stone mantel. Local businesses and friends offer to help with creating a beautiful indoor space for the nature centre. I hope to never see a paint can again.
May 19th, 2017
I write Noelle Reeve, Planner at Tay Valley Township
“Hello! My name is Robyn and I have recently purchased a property in Tay Valley that is mixed residential/commercial. My hope for this property is the have a not for profit forest school and community garden, with space for workshops. This is new territory for me and I am inquiring into what applications need to be filled out…I am currently training with Forest Schools Canada on how to create a school environment with a focus on care for the environment and relationship to the land and community. I appreciate your expertise in this process.
Take Care,
Robyn Mulcahy-Reid”
May 19th, 2017
Noelle Reeve forwards my email to Martha Bradburn at the RVCA.
I never receive a response.
June 2nd, 2018
E-mail from Rideau Valley Conservation Authority to MTO and TVT CBO
Subject: Proposed Change of Use 17638 Hwy 7
“Please find attached a site plan for the proposed change of use at 17638 Hwy 7. As indicated on the permit application the current use is Residential with a proposed use Educational/Residential."
Please Note: This permit was APPROVED by the RVCA for the septic tank for the arts studio under the use Educational/Residential.
June 5th, 2017
Our Facebook Page “Blueberry Creek Forest School and Nature Centre” goes public.
Summer 2017
Local businesses in Perth place flyers in their windows asking anyone in the community is interested in attending a Blueberry Creek Forest School and Nature Centre Open House.
August 15th, 2017
Our website “Blueberry Creek Forest School” goes live and is announced on our Facebook Page
September 2017
I meet with my lawyer to begin the process of setting up a Not For Profit Centre under “Blueberry Creek Forest School and Nature Centre”
September 4th, 2017
Blueberry first opens its doors on Monday and Friday from 9-3 to children that attend Brooke Valley School and local homeschoolers. On Tuesday and Thursday mornings we offer a small “Wee Folk” session to preschoolers from 9-11:30.
September 8th, 2017
Permit for studio received by Tay Valley Township
Project value: $40,000
September 18th, 2017
Receipt of Payment for Security deposit for Studio Build to Tay Valley Township
September 25th, 2017
Tay Valley Township Construction Permit #115-2017 is issued
Description of Work: Rebuild art studio (former antique store) on existing footprint, demolish/re/use existing structure
Permit Renewal Date: September 25th, 2020
October 19th, 2017
Inspections - Permit # 115-2017
Passed
November 6th, 2017
Letter from Martha Bradburn to Mississippi Rideau Septic System Office, and then TVT staff asking about building permit at 17638 Hwy 7. Septic permit had been approved by RVCA for studio under “Mixed use Educational”
Re: New structure at 17638 Hwy 7 (Blueberry Creek) Tank replacement for a change of use - bed existing without any alterations”
November 15th, 2017
Order to Comply issued by Tay Valley Township
Art studio is a week from completion and due to these orders, we are compelled to leave the interior exposed to the elements.
November 14th, 2017
Stop Work Order issued by Tay Valley Township
Under Comments/Remarks on Inspections - Permit #115-2017 on November 14th states:
Site visit due to building being located within the floodplain - RVCA and Town Planner also attending.
November 15th, 2017
First closed door meeting with Township staff. Meeting is openly recorded.
In township notes under “Observation” it is written “Meeting was recorded by Scott using his cell phone”
December 1st, 2017
Inspections - Permit # 115-2017
Passed
Comments: Remarks: Excavation completed for sonotubes with big foot footing. USF is 48’ +. Okay to pour. Sonotubes to extend a minim of 6” above final grade.
December 15th, 2017
We submit all documents required by the Stop Work Order, including two additional items not included on the Order - a permit application for the RVCA (December 13th, 2017), and an MTO permit.
December 19th 2017 to January 10th, 2018
I write multiple letters to staff asking for a meeting and to understand why the Stop Work Order has not been lifted. The roof has to be taken down to properly winterize the building, and the building has sustained damage.
December 20th, 2017
MTO Permit received for Studio Build
“Highway Corridor Management Building and Land Use Permit
Issued to: Blueberry Creek Forest School and Nature Centre
Description: Rebuild of existing building on property using exact concrete footprint. This building was previously used as an antique store, the new use will be children’s art studio as part of Blueberry Creek Forest School and Nature Centre”
January 15th, 2018
Second closed door meeting with township staff. Meeting is openly recorded and states so in staff notes.
January 19th, 2018
First letter to TVT staff from our lawyer
“I represent Robyn Mulcahy. I have been advising Robyn on certain legal aspects in establishing the not-for-profit Blueberry Creek Forest School…”
February 6th, 2018
Letter to Robyn Mulcahy from CAO Tay Valley Township re: Zoning, Building Code and RVCA.
March 5th, 2018
First Media Coverage in the Perth Courier
“Blueberry Creek School fighting Tay Valley Township over art studio”
March 5th, 2018
First Facebook Page post announcing we are going public in our fight to save Blueberry under “Hello friends of Blueberry Creek Forest School”
March 8th, 2018
Council members first write to Tay Valley Township staff about why they have not known about Blueberry Creek Forest School, despite the heavy staff involvement. This is two months after our first lawyers letter, four months from our Stop Work Order, and almost ten months after my first email to Noelle at Township Planning to inform her of my intent for the property as a forest school.
March 12th, 2018
Second Media Coverage: Letters to the Editor “Tay Valley Township Responds to Blueberry Creek School’s art Studio issues”
Third Media Coverage below article above “Blueberry Creek School Owner Replies”
March 12th, 2018
Letter from our lawyer to CAO Tay Valley Township
March 13th, 2018
Blueberry puts out a short video on our Facebook Page “Let’s Go Climb a Tree” to show the community what learning in nature looks like from the children who attend nature sessions. It receives three thousand views. Today it is at 7.2 thousand views. Our Facebook Page is followed by 960 people, including Nature Educators from Scotland, New Zealand, Australia and across North America.
March 13th, 2018
Robyn Mulcahy email to all Council Members regarding TVT Media Release containing false information.
March 13th, 2018
Robyn Mulcahy email to all Council Members Re the Definition of School:
Some clarification on the definition of school in regards to Blueberry Creek Forest School and Nature Centre.
Forest school is defined as an "outdoor education delivery model in which children visit natural spaces to learn personal, social and technical skills. It has been defined as "an inspirational process that offers children, young people and adults regular opportunities to achieve and develop confidence through hands-on learning in a woodland environment".[1] Forest school is both a pedagogy and a physical entity, with the use often being interchanged. The plural "schools" is often used when referring to a number of groups or sessions.” (https://en.wikipedia.org/wiki/Forest_school_(learning_style)
The document Tay Valley Township presented us included the definition of school and community service:
“SCHOOL shall mean an educational establishment under the jurisdiction of a Board as defined in the Education Act.”
“COMMUNITY SERVICE shall mean the use of land, buildings or structures by a not-for-profit, non-commercial body or society such as a service club or charitable organization for promoting athletic, cultural, educational, health, recreational, social, philanthropic or other similar objectives.”
The Education Act states:
“Private School” means an institution at which instruction is provided at any time between the hours of 9 a.m. and 4 p.m. on any school day for five or more pupils who are of or over compulsory school age in any of the subjects of the elementary or secondary school courses of study and that is not a school as defined in this section; (“école privée”)
“board” means a district school board or a school authority; (“conseil”, “conseil scolaire”)
Private Elementary and Secondary Schools
In Ontario, private schools operate as businesses or non-profit organizations independently of the Ministry of Education and in accordance with the legal requirements established by the Education Act. Unlike private schools in other provinces, they do not receive any funding or other financial support from the government.
While all private schools in Ontario must meet the same general requirements, additional requirements are imposed on private schools seeking the authority to grant credits toward the Ontario Secondary School Diploma (OSSD). The Ministry does not regulate, licence, accredit or otherwise oversee the operation of private schools.
Blueberry Creek Forest School is a recognized private school but does not fall under the Education Act for being a school board. As a community service we provide education and recreation to the children that attend.
Please see our Facebook page to learn more.
Take Care,
Robyn Mulcahy
March 21st, 2018
This date will always be significant to me as the day my first granddaughter was born in Creston, BC. Thankfully, she will have a forest school just around the corner.
It is also the first anniversary of my father’s death, and of my purchase of Blueberry Creek. I spent most of this week in my hotel room in Creston, BC desperately writing letters to save Blueberry from the threat of litigation from the township. I would write at night, and support my daughter during the day.
March 22nd, 2018
Letter from our lawyer to CAO Tay Valley Township
March 22, 2018
“Special” Council Meeting Item 3 CLOSED SESSION
Litigation or Potential Litigation building permit 115-2017
(Blueberry Creek Forest School)
March 28th, 2018
Letter from TVT lawyer Tony Fleming to our lawyer
April 6th, 2018
Letter from our lawyer to Tony Fleming Tay Valley Townships lawyer
April 6th, 2018
Blueberry Creek Forest School and Nature Centre - Open Letter to Council
Includes Community Responses
April 17th, 2018
Item 13 CLOSED SESSION
ii. Litigation or Potential Litigation building permit #115-2017
(Blueberry Creek Nature Centre)
May 2nd, 2018
MFIPPA Request (2018-02)
Tay Valley Township requests me to pay $2,339 for a Municipal Freedom of Information and Protection of Privacy Act for “All correspondence mentioning myself, Robyn Mulcahy or “Blueberry Creek Forest School”
60 days later, I received a package in which almost all relevant documents have been withheld (96 of 140 documents). The package primarily consists of dozens of copies of my own emails to staff and Council.
May 3rd, 2018
Letter from our lawyer to Tony Fleming Tay Valley Townships lawyer. This has remained our position to this day.
“This is further to your letter of April 26th, 2018. The General Commercial (C) Zone of the Zoning-By Law allows for the following use:
“COMMUNITY SERVICE shall mean the use of land, buildings or structures by a not-for-profit, non-commercial body or society such as a service club or charitable organization for promoting athletic, cultural, educational, health, recreational, social, philanthropic or other similar objectives.”
Blueberry Creek Forest School is a not-for-profit, non-commercial entity. The mission statement of the Blueberry Creek Forest School is to seek to develop each child’s imagination, self-confidence, artistic and creative problem solving skills. It aims to foster a deep love of the natural world in a collaborative learning environment.
A forest school is defined as an outdoor education delivery model in which children visit natural spaces to learn personal, social, and technical skills. It has also been defined as “an inspirational process that offers children, young people and adults regular opportunities to achieve and develop confidence through hands-on learning in a woodland environment. Forest school is both a pedagogy and a physical entity, with the use often being interchanged.”(Wikipedia)
The use of the buildings and land by Blueberry Creek Forest School is a consistent practice with its mission statement. Is it, then, the Township’s position that the use of the property is not a “Community Service” and, if so, on what basis?”
A year later, we are still asking this question.
May 11th, 2018
Letter from Amanda Mabo, Clerk to Novatech
“Steve, are you available for a phone call re the “School” definition as it relates to the Blueberry Creek School issue.”
Letter from Novatech planners to TVT Clerk and Planner
Subject: RE: draft by-law
“The proposed definition for school has been expanded so that it is clear that it applies to both public and private schools. The Blueberry Creek school would be covered under this definition”
May 14th, 2018
Letter from TVT lawyer Tony Fleming to our lawyer
“…I will now act on my instructions from Council to commence an application in the Superior Court to obtain an order prohibiting any use of the property that does not comply with zoning.”…
This threat has been repeated a half dozen times, with the last threat in October of 2018 prior to the municipal election.
May 17th, 2018
Fourth Media Coverage Perth Courier
“Tay Valley likely to begin Superior Court legal action against Blueberry Creek school. Tay Valley demanding $3000 from Blueberry Creek Forest School in Access to Information Fees”
Also under:
Fifth Media Coverage Perth Courier
“The Blueberry Creek Forest School is hoping to raise its bridge, linking it to Highway 7, but claim that a stop-work order imposed by Tay Valley Township is Preventing them from doing so”
May 18th, 2018
Scott Reid’s Open Letter to Blueberry Creek Forest School and Nature Centre Facebook Page with change.org link:
“...I get asked all the time, "Why are they doing this?" Frankly, I'm mystified. Robyn and I will spend thousands of dollars in lawyers' fees, the Township will spend thousands of dollars in lawyers' fees, and a court will tell Tay Valley Township Council that their interpretation of the zoning law is absurd.
(And when I say "absurd", I mean it. The township's lawyer served us with a letter claiming that the permitted use of the land is for "promoting" education, while we are breaking the law by actually engaging in education. I kid you not.)
But, while I struggle to explain why THEY are fighting us, I can tell you exactly why WE'RE fighting back. We'd be happy to comply with a request from Township Council---even an absurd and expensive request---if we could figure out how the heck to stop the harassment. But the path they have laid out for us is one of maximum uncertainty, in which we jump through hoop after hoop, with no foreseeable end in which they would deem us to be fully compliant with their interpretation of the law.
Here are the hoops, invented by their staff, that I've been able to identify so far:
- Change the name of the forest school (since "school" is apparently a naughty word);
- Hire a planner to make a recommendation for a change to the zoning law that the township's planner says he would then oppose before Council (so what's the point of hiring the planner, again...?);...”
This last suggestion was given to us as recently as May 2019. We will not apply for rezoning as a school, as we do not meet the definition of School. Why would we apply for a rezoning that both the township staff, planners, and RVCA have stated they would prevent?
May 31st, 2018
BLUEBERRY CREEK NATURE CENTRE receives Federal Not-for-profit incorporation under 1081767-8
Legal name is changed from Blueberry Creek Forest School and Nature Centre to Blueberry Creek Nature Centre at the request of Council members.
June 4th, 2018
An Open Letter to Blueberry Creek Parents is posted on our Facebook Page and receives 160 post engagements. This is a detailed look at changes to the zoning by-law that could impact Blueberry Creek under the new definition of “School”.
June 5th, 2018
Letter from our lawyer to Tony Fleming Tay Valley Township lawyer
June 5th, 2018
55 Comments and 55 Shares on Tay Valley Township Facebook Page against changing section 3 and 14 to the expanded definition of School and Institutional Use.
June 7th, 2018
Robyn Mulcahy email to all Council Members inviting them to Blueberry Creek.
June 26th, 2018
Item 13 CLOSED SESSION
ii. Litigation or Potential Litigation building permit # 115-2017
(Blueberry Creek Nature Centre)
July 5th, 2018
Letter from TVT lawyer Tony Fleming to our lawyer
SITE PLAN AGREEMENT
“…It goes without saying that this offer must be held in strict confidence - Council has not seen this agreement.”
July 23rd, 2018
Letter from our lawyer to Tony Fleming Tay Valley Township
July 19th, 2018
Professional letter to Reeve Kerr and Council Members
Open Letter (5 pages)
Re: General amendments to the Tay Valley Township Zoning By-law - Blueberry Creek Nature Centre
July 24th, 2018
Open Letter from Robyn Mulcahy to Steve, Reid and Noelle (TVT planners)
Re: “Blueberry Creek Nature Centre Stage 2 Public Meeting”
July 24th, 2018
“Special” Council Meeting Item 4 CLOSED SESSION
i. Litigation or Potential Litigation building permit 115-2017
(Blueberry Creek Nature Centre)
July 25th, 2018
Open Letter to Council by Robyn Mulcahy
“Dear Council,
I am writing in the interest of transparency and resolution.
We received a Site Plan Agreement on July 5th from the townships lawyer that asked us to keep the offer in confidence of Tay Valley Councillors. Mr. Fleming "It goes without saying that this offer must be kept in strict confidence - Council has not seen this agreement".
Over the past eight months we have been under a continuous Stop Work Order and have been threatened with litigation over running a Nature Centre for children. I feel much of this has stemmed from a lack of transparency and could have been resolved without lawyers…”
July 26th, 2018
I become aware that Rideau Valley Conservation Authority (who have been at the forefront of our dispute with Tay Valley Township over the art studio build for our Nature Centre) have opened their own Forest School, Foley Mountain Forest School. I believe this to be a conflict of interest as they are offering the same program twenty minutes away.
change.org petitions reaches 1500 Signatures under “I support Blueberry Creek Forest School and Nature Centre operating in Tay Valley Township”.
22 pages of comments on Change,org and Tay Valley Township Facebook page from local professionals and residents to offer their support.
August 17th, 2018
Sixth Media Coverage from Inside Ottawa Valley
“Legal ‘ping pong’ over Tay Valley's Blueberry Creek ‘school’ continues”
August 18th, 2018
Robyn Mulcahy Open Letter - 7 Pages
Dear TVT Planners
Thank you for this information. I needed some time to reflect and process before responding as it has been an emotionally exhausting nine months.
To be honest, the past nine months have felt like a very personal attack on my rights as a property owner and a citizen. I know you were not part of this process and wanted to share my experience.
I feel the entire fight to save Blueberry Creek Nature Centre, along with the thousands of dollars in legal fees and the hundreds of hours of time that this has cost me (and I can only imagine how much the fight has cost the taxpayers of Tay Valley Township), could easily have been avoided, if Township staff had been willing to facilitate communication between Council and myself, instead of actively trying to stifle it, and if there had been an effort to work together, rather than to intimidate me into compliance with threats of litigation…
August 18th, 2018
Seventh Media Coverage Inside Ottawa Valley
"RVCA expands its own ‘forest school’ at Foley Mountain, while pressing pause on Tay Valley's Blueberry Creek ‘forest school’s’ application”
August 21st, 2018
Email from Tay Valley Township’s lawyer Tony Fleming to our lawyer
August 22nd, 2018
1. Email from our lawyer to Tony Fleming Tay Valley Townships lawyer
2. Email from Tay Valley Township’s lawyer Tony Fleming to our lawyer
August 22, 2018
Letter by Robyn Mulcahy delivered by hand to Amanda Mabo and Council prior to the Council meeting, “This letter is a formal request to appear before Tay Valley Township Council, as a delegation, at an open (not in-camera) meeting.”
August 22nd, 2018
Eighth Media Coverage Kelly Egan The Ottawa Citizen
“Egan: Couple spends more than $100K to create children's nature centre — township calls it illegal”
August 22, 2018
MFIPPA Request (#2018-07)
Response from Tay Valley Township:
Costs to date with regards to Blueberry Creek Forest School and Nature Centre and/or Blueberry Creek Nature Centre:
$11,968.04 does not include staff time involved, which is not tracked.
Breakdown of invoices paid up to August 22nd, 2018
$10,186.12 (legal costs)
$1,781.92 (Novatech)
August 22, 2018
“Special” Council Meeting
Item 3 ClOSED SESSION
i. Litigation or Potential Litigation building permit 115-2017
(Blueberry Creek Nature Centre)
August 23rd, 2018
Letter from Tay Valley Township lawyer Tony Fleming to our lawyer
September 12th, 2018
Open Letter from Robyn Mulcahy on Facebook Page Re: As the sole owner of Blueberry Creek Nature Centre, I would like to offer my defence on the recent public statement by Larry Donaldson on Lake 88.1 on September 7th, 2018
September 13th, 2018
Letter from our lawyer to Tony Fleming Tay Valley Township lawyer
September 18th, 2018
Robyn Mulcahy and Scott Reid’s Delegation to Council at Tay Valley Township.
Over eighty community members were in attendance, including many of the children and families of Blueberry Creek.
Scott’s presentation was made public, along with supporting documentation, on his blog at scottreid.ca
The Legal Case: Why Tay Valley Township Should Not Litigate to Shut Down Blueberry Creek
September 18, 2018
This evening, September 18, 2018, I will present THIS CASE to Tay Valley Township council, on why they should not litigate to shut down Blueberry Creek Forest School and Nature Centre. In my presentation, I cite twelve documents, which I will also present to the council; those documents can be viewed HERE.
September 20th, 2018
“Special” Council Meeting CLOSED SESSION
i. Litigation or Potential Litigation building permit 115-2017
(Blueberry Creek Nature Centre)
September 24th, 2018
Letter from David Munday, on behalf of Tony Fleming Tay Valley Township lawyer to our lawyer
September 28th, 2018
Letter from our lawyer to Tony Fleming Tay Valley Township lawyer
October 2nd, 2018
Letter from Tay Valley Township lawyer Tony Fleming to our lawyer
October 3rd, 2018
Letter from our lawyer to Tony Fleming Tay Valley Township lawyer
October 11th, 2018
Letter from Tay Valley Township lawyer Tony Fleming to our lawyer
October 12th, 2018
Robyn Mulcahy Open Letter on our Facebook Page receives 472 post engagements
“Tay Valley Township has written they are moving to litigate against Blueberry Creek Nature Centre.”
October 12th to March 2019
Five months of silence on the subject of Blueberry Creek Nature Centre from Council.
March 7th, 2019
“Special” Council Meeting Minutes
i) CONFIDENTIAL: Litigation or Potential Litigation - Building Permit #115-2017 (Blueberry Creek Nature Centre)
6:04 - 9:59
235 HOURS
March 14th, 2018
Letter from Tay Valley Township lawyer Tony Fleming to our lawyer
Council has withdrawn its direction to commence litigation. It asks us to attend a special closed council meeting to discuss once again a site plan agreement. We respectfully decline, as our public presentation to Council from six months ago is publicly available and has never been responded to. We do not wish to limit the use of our land with a Site Plan when we are operating legally under our zoning as a Community Service.
May 13th, 2019
An Open Letter from Scott Reid to Council:
“Dear TVT Councillors,
As I understand it, you are already aware that Robyn and I will not be attending the May 14th meeting of Township Council. As you will have read in the email that I sent to Reeve Campbell on May 2 and that he later forwarded to you, it is now eight months since I made a full presentation of the case that Blueberry Creek is fully compliant with the current zoning for the land.
Since we presented our full case on September 18, 2018---and since our case that we are obeying the law is ironclad---we will have nothing further to add until Council has responded to that presentation (which is linked HERE)
Therefore, I have a request for you:
Please EMERGE FROM THIS MEETING WITH A CLEAR INSTRUCTION TO us as to whether it is Council’s position that:
Blueberry Creek Nature Centre is fully compliant with Tay Valley Township’s zoning for the property on which it is located; or
Blueberry Creek Nature Centre is not fully compliant with the zoning. And if not, please specify how, in your view, the Nature Centre is not compliant.”...
April 15th, 2019
Appeal has now gone forward to adjudication on our behalf
Of 140 records concerning Blueberry Creek Nature Centre, 24 have been partially disclosed (with all relevant information blacked out), and 72 documents entirely withheld.
May 14th, 2019
“Special” Council Meeting”
i) CONFIDENTIAL: Litigation or Potential Litigation - Building Permit #115-2017 (Blueberry Creek Nature Centre)
To date there have been 8 Closed Sessions concerning Blueberry Creek Nature Centre, totalling 489 minutes.
By the numbers:
Total Council Meetings October 10th, 2017 to September 20th, 2018: 23
15 of these were Closed Sessions involved Litigation or Potential Litigation, up to three in one session.
This amounts to 65% of all Council Meetings.
Total time spent on Closed Sessions involving litigation or potential litigation were 599 minutes. This equals just shy of ten hours (9 hours, 58 minutes and 59 seconds), not including the one on September 20th that is yet to be disclosed in the minutes.
Since January 1st, 2019, NINE Council Meetings have involved litigation or potential litigation (7) and Solicitor/Client Privilege (2).
What are Tay Valley Townships Legal bills for 2018 and 2019?
This is significantly higher than any other nearby township.
May 15th, 2019
Robyn Mulcahy sends an email to all Council members with a copy of my delegation notes from September 2019, and an invitation for them to visit Blueberry Creek.
After eighteen months, we are STILL fighting to save a Nature Centre that supports the families and children of our community. To this day, we do not understand why so much money, energy and staff time has gone into closing our doors.
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