The Citizen, 2012-01-12, Page 1CitizenTh
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$1.25 GST included Serving the communities of Blyth and Brussels and northern Huron County Thursday, January 12, 2012
Volume 28 No. 2
GOOD NEWS - Pg. 10 Local teen makes dress outof newspapers BIA - Pg. 11Blyth BIA holds its first meetingHALL- Pg. 2Moncrieff Hall grantedtwo-year windowPublications Mail Agreement No. 40050141 Return Undeliverable Items to North Huron Publishing Company Inc., P.O. Box 152, BRUSSELS, ON N0G 1H0INSIDE THIS WEEK:
Huron County to pay for composition bylaw defence
Collection approved
for Central Huron
A gang of angels
Students enjoyed recess a little bit more than usual as they began getting back into the
schedule of a regular school day at Blyth Public School as part of their first day back on
Monday. Shown enjoying their afternoon recess and making snow angels are, from left:
Chantal VanSchaik, Brittany Walden, Brooklynne Bos, Tiffany Conrad and Jamie-Lee Eckert.
(Denny Scott photo)
Huron County will provide the
funds to defend its composition
bylaw, it was decided at the Jan. 4
meeting in Goderich.
A strategic planning meeting to
discuss the issue of council
composition scheduled for Friday
was postponed and not immediately
rescheduled after a decision as to
whether the current appeal would
proceed or not was scheduled to
come down the same day.
Several councillors felt the issue
being discussed in one room while
the fate of an appeal on the same
issue was happening at the same
time in another room was
unnecessary and counterproductive.
“I don’t see a point in the meeting
if the appeal is going ahead,” said
Goderich Mayor Deb Shewfelt.
The decision was a product of a
motion written by Morris-Turnberry
Mayor Paul Gowing saying that he
didn’t feel it should be left to the
lower tier municipalities to defend a
county bylaw. In addition, Gowing
said the county should accept the
decision of court, which ruled in
favour of the 16-member
composition and opposed the appeal
currently being launched by Huron
East and Central Huron.
A recorded vote was called for and
Gowing’s motion passed with 10
votes for the motion and six votes
against it. Voting against the motion
were Ginn, Vincent, MacLellan,
Central Huron’s Dave Jewitt and
George Robertson and Jim Deitrich
of South Huron.
Huron County Warden and Huron
East Mayor Bernie MacLellan
wanted to comment on the situation,
but as a point of order, had to vacate
the chair’s position to do so. Past
warden Neil Vincent took over the
chair in order to allow MacLellan to
speak.
MacLellan said that he feels he
didn’t completely understand the
ramifications of joining the appeal
process when Huron East first did
so. He also said that while he had
considered bringing in a lawyer to
provide a legal opinion for Huron
County Council, he wasn’t sure how
much good it would do.
“No matter what the opinion,”
MacLellan said, “I doubt it would be
accepted all around the room.”
MacLellan was sure of one thing,
however, that he was uncomfortable
with how much taxpayer money
would be spent on the appeal
process.
“I didn’t want to spend more
money on this,” MacLellan said.
MacLellan said that Justice Kelly-
Anne Gorman’s decision provided a
lot of background on the situation,
but never actually detailed how
many councillors should be serving
at the Huron County level, saying
that was a conclusion that was
jumped to.
“Then who made that decision?”
asked Ashfield-Colborne-
Wawanosh’s Ben Van Diepenbeek.
“Why wasn’t it brought back to
Huron County Council?”
Van Diepenbeek made the point
that once the original decision was
made, the four members (one each
from North Huron, Central Huron,
Huron East and South Huron) were
informed their seats were no longer
valid immediately.
“The four guys were let go and
then it was brought back,” Van
Diepenbeek said.
Shewfelt said it was
correspondence received from
Huron County Chief Administrative
Officer Larry Adams that informed
councillors as to what the next step
would be throughout the entire
process.
Reports in the media were also
pinpointed. Several councillors were
under the impression that four
councillors would no longer be
representing their municipalities at
the county level, however, a press
release was then distributed, and
reported, stating that the number of
representatives would remain at 20,
despite earlier thoughts.
At the time, Shewfelt recalled, he
and several other representatives
wanted the legal opinion received by
Huron County to be reviewed by a
judge, but that request was denied.
Now, however, Shewfelt said, those
representatives that didn’t want the
Central Huron and Huron East’s
appeal of Justice Kelly-Anne
Gorman’s decision on Huron County
Council composition had been given
the green light and will be heard on
Jan. 31.
Huron East Mayor Bernie
MacLellan reported that a stay had
not been issued in a Toronto appeal
court on the case, but that the appeal
date has been set for later this
month.
MacLellan said that the law firm
handling the appeal on behalf of the
two municipalities, Patton Cormier
and Associates out of London, has
called the scheduling of an appeal in
just a matter of weeks
“unprecedented”.
“They said they’ve never seen an
appeal date set so quickly,”
MacLellan said in an interview on
Friday, shortly after the date was set.
In addition to the scheduling, the
appeal judge presiding over the case
in Toronto has suggested that the
four former members of Huron
County Council attend all council
meetings in the next month in order
to keep up to speed, should they be
reinstated after the Jan. 31 appeal.
MacLellan said the two
municipalities had been
optimistically expecting an appeal
date set within the next 10 months,
so a date later this month has given
them reason to be optimistic.
While MacLellan says he is
uncertain of what form the appeal
will actually take, he has been told
that it’s a three-judge panel that will
be hearing the case and that no new
evidence can be entered into the
case. The cases presented late last
year will simply be re-presented to
the three-judge panel on Jan. 31 with
a decision to follow.
The issue was set to be discussed
at the Jan. 11 Huron County
Council Committee of the Whole
meeting.
Central Huron is going ahead with
its plan for weekly waste and
recycling co-collection with the
Bluewater Recycling Association
(BRA) beginning April 1.
The decision was made at
council’s Monday night meeting by
way of a recorded vote with
Councillors Alison Lobb, Marg
Anderson and Dan Colquhoun
voting against the resolution.
The prices have been set and will
be distributed to residents through a
form in the mail. The concept behind
the pricing, which has been set by
the municipality based on costs
presented by the BRA, is essentially
$40 per bag of garbage, per
household, per year.
A small bin will cost residents $80
per year, holding approximately two
bags of garbage with a maximum
weight of 120 lbs. A medium bin
will cost $160 per year, holding
approximately four bags of garbage
with a maximum weight of 220 lbs.
A large bag will cost $240 per year,
holding approximately six bags of
garbage with a maximum weight of
320 lbs.
The form also explains that if no
action is taken by residents who
currently have a BRA recycling bin,
a small bin will be delivered to them
by default. If residents wish to opt
out of the program and seek other
alternatives, they must contact the
municipality by Jan. 31. Residents
must also contact the municipality if
they wish to take part in the
program, but desire a medium or
large bin, as a small bin will be
delivered to them by default.
The cost for taking part in the
program will be added as a line item
on residents’ tax bill.
Before the final decision was
made, however, Wayne Smith of
Sunrise Sanitation presented to
council, saying he was “aggravated”
with how the whole process was
carried out. Smith said he was given
just a few hours’ notice before the
last meeting where the issue was
discussed and that his service was
never seriously considered by
council.
“My truck is ready, I can start
now,” Smith told council at the
Monday night meeting.
Councillor Brian Barnim told
Smith that even if the arrangement
By Shawn Loughlin
The Citizen
Continued on page 19
By Shawn Loughlin
The Citizen
Appeal date set for Jan. 31
By Shawn Loughlin
The Citizen
Continued on page 20