There is a growing debate as to what Melancthon Council can, or even should, do to prevent a large quarry from being established on prime agricultural and in the township's headwaters.

The consensus among the councillors, the Mayor, and in some cases the media, appears to be that council's hands are tied, and that no matter what action they take, the decision will ultimately lie with the Ontario Municipal Board (OMB).

Council has shown solidarity in an apparent resolution to remain impartial and warn residents that environmental studies would result in an increase in taxes. But Marg McCarthy, a councillor representing the former township of Flamborough in the City of Hamilton, strongly disagrees with this course of action. She has waged a public fight against a proposed quarry by St. Marys Cement Inc. for five years, from the moment it was announced.

Under her direction, staff secured extensive environmental studies, all at the cost of the mining company. In June, the Ministry of Natural Resources denied the St. Marys application for aggregate extraction below the water table.

In phone and e-mail interviews, Councillor McCarthy stressed the importance of "getting ahead of the application process" and being prepared.

In Hamilton, staff was instructed to apprise Council of what professional analysis would be required, throughout the application process, for a potential application for an Official Plan amendment and zoning bylaw change for the purposes of aggregate extraction. Staff reported that critical analysis was needed that could only be provided by a team of experts to review that application, once received, at every juncture. This required putting a team in place, with the applicant paying for the team as a condition of the application.

"We haven't let them get a foot in the door," she said, noting that the Ontario Government Registry identifies the quarry industry as lobbyists. "Come campaign time, they are heavy contributors; why do you think quarries are the only industry exempt from the Greenbelt legislation?"

She expressed concern that a council would consider passing an application to the OMB because they had not received adequate information during the time allotted to process an application. It is her experience that plans and expert teams should be in place and ready for action before receiving the application.

Karren Wallace, a Melancthon resident and experienced municipal employee, says Hamilton's Fees and Charges Bylaw (passed under Section 69 of the Planning Act) charges an aggregate applicant $100,000 to file, yet Melancthon sets no fee to file for an aggregate application.

The Hamilton bylaw states that in addition to the planning fee, "the applicant shall bear any and all costs related to the application."

"As long as this provision is in Melancthon's Official Plan," Ms. Wallace said, "as well as a list of all studies required, Council can demand the proponent commence and start the studies before an application is filed. Bill 51 reinforces that provision."

A list of required studies in the Official Plan (OP) is essential for a municipality to ask for a study. Without one, and if a proponent feels a study isn't necessary, the proponent can appeal to the OMB.

The suggestion that a condition requiring an applicant to bear all costs of studies be included in the OP was first made by Ms. Wallace and supported by Harvey Lyon at the April 2 Melancthon Council meeting. Councillor Bill Hill responded that making the applicant pay was not in the OP, but was just part of the process and that "if it went to the OMB, then the applicant pays".

Ms. Wallace holds that this is not correct. "It is public knowledge" she says, "that Council had nothing in their Official Plan about what studies might be requested, or who pays for them." When Council had sought more information on wind turbines, Canadian Hydro had said "no" and the OMB had rejected requests for studies "as it was then too late to ask."

Similar requests for such conditions have been made but as late as the July 16 Council meeting no action had been taken by Council.

"Without getting out ahead of the application process, I would have been coming from behind on all the issues pertaining to the application," Councillor McCarthy said.

In recent months, Melancthon councillors have seen their responsibilities turn from routine matters such as garbage disposal and snow plowing to far tougher issues in dealing with the announced plans of The Highland Companies.