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Wollaston Township inadvertently posted a closed session of council where they discussed the ongoing discussions and negotiations to transfer Nellie Lunn Park to the Kawartha Land Trust with their legal counsel on the evening of July 24. The session was subsequently taken down after several hours, but not before it was heard and copied by several people, some of whom were incensed and outraged by what they heard during the meeting as it related to the Nellie Lunn Park potential transfer to KLT and alleging it was done purposely. The township however asserts it was done by accident and was taken down as soon as the error was discovered, and that by posting it they didn’t waive the confidentiality provisions of the closed meeting as it relates to solicitor-client privilege. Since the details of this closed meeting fall under that solicitor-client privilege and are still confidential, and the township’s inadvertent posting of this meeting does not abrogate that confidentiality, The Bancroft Times cannot report what went on in that meeting however.
When contacted by The Bancroft Times about this closed meeting being uploaded to the township’s Facebook page, CAO Jennifer Trumble replied that the township could confirm that the recording of the closed session was unintentionally posted online for a limited time and was removed immediately once the inadvertent posting was identified.
“The township is reviewing the circumstances surrounding the incident and has taken steps to investigate the matter and prevent a recurrence. The recording contains information discussed during a closed session of council, including communications subject to solicitor-client privilege and matters relating to ongoing litigation. The township does not consider the inadvertent posting to constitute an intentional waiver of any privilege or confidentiality protections and reserves all rights in that regard. The township is aware that copies of the recording may have been subsequently shared by third parties after the original posting was removed. The township did not authorize any such republication and has taken steps to report and seek removal of known reposting of the recording while continuing to investigate the circumstances and persons that participated in the unauthorized dissemination of the closed session discussion. Any person in possession of the recording must immediately delete all copies in their possession or control and cease any further use, reproduction, publication, or dissemination of the recording or its contents. The township may take legal action to restrain any individuals or entities found to be participating in the reproduction of the recording,” she says. “As the matter remains under review and relates to ongoing litigation, the township will not be providing further comment at this time.”
As it was a closed meeting and the contents of the meeting were confidential and privileged, none of the parties involved in the meeting or discussed at the meeting had any further comment for The Bancroft Times.
However, Fred and Jo Ann Cox, who are opposed to the potential transfer of Nellie Lunn Parkto KLT due to its potential effect on their property with regard to an access road and trespassing issues, issued the following statement on their Facebook page, saying they were aware that the council’s closed July 24 session was posted online and that it had been in wide circulation in the community.
“We understand why it was immediately a matter of understandable public interest, questions and discussion. We are very grateful for the support expressed by neighbours, friends and strangers alike who have recognized what it is like to be in our shoes right now. For us, it has been unsettling to hear how people in the recording characterize us and our efforts to engage the township for improvement of a chaotic, difficult situation. The tone and content are deeply troubling and surprising to many. We hope to receive sincere apologies from those involved. There is a lot we would prefer to correct or explain, but we think that what we’ve said in council meetings and court documents speaks for us. Our issues deserve to be taken seriously. For now, we are just trying to do our best to sort of this unexpected development with respect for the legal process. Even with this recording going public, we continue to believe that mediation conducted by a professional mediator is the best way to resolve the issues we’ve brought forward. We hope that the township will take us up on mediation and approach it in good faith and with open minds. We also hope that the recording does not discourage anyone else who would speak up for themselves and their community in an engaged way, using fair public processes or by taking part in local government. There are so many ways to lead and contribute. Don’t let what you heard prevent you from stepping up,” they said in their posting.
The Bancroft Times asked Wollaston if they had any further comment on the Cox’s open letter, but they did not reply by press time.
When asked for any further comment on the issue, Fred Cox issued the following comment to The Bancroft Times on Aug. 27;
“Due to what is going on in our court application (Belleville court file CV-25-00000401-0000), other than through court documents, just now we aren’t going to expand on what we have said in our open letter,” he says.
John Kintare is the executive director of KLT and said that they work with dozens of landowners each year to help them protect the land they love and they don’t discuss that work to respect the privacy of their donors.
“[However], it has previously been reported and I am happy to confirm, that we were approached by Wollaston Township to explore the possibility of KLT acquiring Nellie Lunn Park to ensure that it retains its status of a publicly accessible park in fulfillment of the wishes of the original donor of the land. Conversations are still ongoing on this project. Generally speaking, there are a number of due diligence items that KLT completes when considering the protection of any new property. These include, but are not limited to; visiting the property to conduct an ecological assessment as well as an assessment of risks to the conservation values of the property, reviewing title of the property to ensure there are no encumbrances or challenges to title that need to be resolved before we take ownership, working with the land donor and/or the community to understand their wishes for the future use of the property and determining how we can fulfill those wishes, raising money to contribute to project costs and our stewardship fund to ensure that we will be able to care for the property in perpetuity (including the payment of property taxes and insurance, regular monitoring of the property, and property specific needs), and obtaining approval from our volunteer board of directors to permanently protect the property,” he says.
This is a developing story and of course, The Bancroft Times will bring you any updates as they occur over the coming months.
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