At their Dec. 20 meeting, Limerick Township council discussed the status of Limerick Lake Estates. At issue was the amending agreement to the subdivision and condo agreements, which was progressing more slowly than hoped, and the possibility of starting construction of the roads in the nascent development before the amending agreement was finalized. Council ultimately decided to hold off on any decisions about beginning roads construction until they had had a chance to confer with their legal counsel and discuss the issue more thoroughly in general. Consequently, at CAO/clerk-treasurer Victoria Tisdale’s suggestion, council decided to have a special meeting about Limerick Lake Estates on Jan. 5 at 1 p.m.
Limerick Lake Estates will eventually consist of 118 lots that will be up to an acre or more in area, with a total area of 320 acres. The whole development boasts over 4,000 feet of shoreline and multiple recreational opportunities at the fingertips of potential buyers. It is owned by Trident Members Inc. and their legal counsel is Al Burton from Thomson Rogers LLP. Kirsten Musgrove from O’Flynn, Weese LLP is the township’s lawyer. Murray Davenport from M.J. Davenport and Associates, is Trident Members’ engineer, while Chris Bent from Jewell Engineering is the engineer for the township. While Davenport and Burton were at the Dec. 20 council meeting, Councillor Ingo Weise and Musgrove were not.
At the Dec. 20 Limerick Township council meeting, Mayor Carl Stefanski introduced the section of the meeting on Limerick Lake Estates and invited Murray Davenport, the engineer for the LLE development, to provide an update.
Davenport said that Trident Members Inc. were waiting on the finalized amending agreement to the subdivision and condominium agreements from the legal counsel from the township and the developer. This would allow them to go ahead with the development and address things like decommissioning an old well on the property, get the agreed upon maintenance agreements in place and confirm how Trident Members Inc. will provide right of way over their land to the water access properties just to the north of the development. He also said that Trident Members Inc. had submitted a cost estimate to complete the entire development to the township.
Davenport did express some consternation at the delays so far, saying that three applications for Hydro One permits for the hydro distribution system on the new development had expired, and that a permit from the conservation authority was due to expire by mid-2022.
“When I received Kirsten’s [Musgrove, the township lawyer], letter, she predicted the amending agreement and the plan of subdivision would not be able to be registered for another year. That’s unbelievable,” he says.
In discussions between council, Davenport and Burton, there seemed to be some ambiguity as to which side was holding up the ratification of the amending agreement which would allow the development to commence construction.
The amending agreement, as described by Burton are amending the subdivision and condominium agreements that were signed by Trident Members Inc. and the township back in 2010. They factor in the changes that both sides have agreed to since then, like having the development go ahead with one phase versus five phases.
“There are going to have to be amending agreements to both of those particular documents; the subdivision agreement and the condominium agreement. There’s changes in both of those agreements to make sure they fit hand in glove as they did before,” he says.
Councillor Kim Carson suggested that they should find out from Musgrove where they are at and figure out between the two lawyers the status of the amending agreement and when it will be done.
Burton suggested that the amending agreement may take another two to three months to finalize, but he had a suggestion for council in the interim. He suggested they allow the construction of the roads to begin this winter, and that they had $200,000 in securities from Trident Members in case there were any issues. He also said that his client would be amenable to increasing those securities if council wanted to do that.
At that point, while some members of council were open to voting to allow the roads construction to begin right away, Carson suggested that they wait a week or two and confer with Musgrove and find out more about the status of the amending agreement.
“So, this is where I’ve got an issue, regardless of what it is. While this has been going on for a long time, and I’d like to see progress on this, I’d also like to examine it further and confer with Kirsten before voting on a motion to okay the start of this construction,” she says.
Carson also brought up that the public had not been notified that the possibility of council okaying the start of roads construction, and that they should be given ample notice so that the public could speak to it if they wanted to. Tisdale said she would have it posted on the website and the local papers. That, and the fact that Weise was not present at that day’s meeting, convinced council to hold off and vote on the motion to approve the start of the road construction for another couple of weeks.
Stefanski asked Tisdale to look at a date in early January for council to hold a special meeting on Limerick Lake Estates so that this issue would not have to wait until the next council meeting on Jan. 17 at 12:30 p.m. Ultimately, Tisdale selected Jan. 5 at 1 p.m., which was deemed acceptable by council, Burton and Davenport. With that consensus, council ended their discussion on LLE, bid goodbye to Burton and Davenport and proceeded on to other business.
Michael Riley, Local Journalism Initiative Reporter, The Bancroft Times