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Times-Advocate, 1978-07-06, Page 1Committee rules MPP's privilege breached A committee of the On­ tario legislature found the United Auto Workers guilty Thursday of having breach­ ed the privilege of the MPP for Huron-Middlesex a decision some legal experts warn has far-reaching con­ sequences for the rights of citizens and MPPs. The decision,on a 4-to-3 GETS JAYS BALL — Donna Preszcator of Stephen Central School had the honour of throwing out the first pitch at a re­ cent Toronto Blue Jays ball game. She was one of 835 safety patrollers from Huron and Bruce counties who were taken to Toronto through the courtesy of the OPP. Donna received an autographed baseball from Toronto catcher Allan Ashby. Damages are high in holiday crashes Damage amounted to over $13,000 in seven accidents in­ vestigated by the Exeter OPP this week. All the ac-i cidents occurred over the j busy holiday weekend ( period. Despite the extensive damage in some of the collisions, only minor in­ juries were sustained by people involved. The first of the week’s crashes was reported on Fri­ day, when vehicles driven by Grant Lee, RR1, Dashwood, and Linda Russell, RR 1, Exeter, collided on conces­ sion 2-3 of Hay. Damage was listed at $1,400 by Constable Bob Whiteford. In another Friday crash, vehicles driven by Norman Roy, London, and Helen Ja­ ques, Woodham, collided on Highway 4 south of Huron County Road 21. Mrs. Ja- quies suffered minor in­ juries and damage was listed at $5,300 by Constable Al Quinn. There were two accidents on Saturday, the first in­ volving a vehicle operated by Steven Holtzmann, Ex­ eter. The vehicle rolled over in a ditch on sideroad 15-16 of Hay, west of concession 14-15. Damage was es­ timated at $1,000 by Constable Larry Christiaen. He set damage at $500 in the other accident, which resulted when vehicles New baptist cleric native of Chicago Rev. Linn Loshbough assumed his duties as the new minister of Emmanuel Baptist Church in Exeter on Sunday, June 25. Rev. Loshbough, a native of Chicago, Illinois comes to Exeter after serving most of his 30 years in the ministry in home mission work. After 26 years, mostly in organizing new churches along the west coast of the United, Rev. Loshbough moved north to Port Alberni, British Columbia for similar duties. He also served two years in Baggar, Saskat­ chewan before accepting a call to the Exeter charge. He received his BA degree at Bryan College in Dayton, Tennessee and his Masters of Divinity at the Western Conservative Baptist Seminary in Portland, Oregon, Rev. loshbough and his wife Mary have taken up residence on Huron Street 03S t They have two sons. Charlie is music director of vote, went against the ad­ vice of the committee’s lawyer who concluded the union hadn’t violated the parliamentary privilege of Jack Riddell. The committee also voted to recommend that the legislature take no action against the UAW over the breach. driven by Steven Schroeder, Dashwood, and Keith Kavelman, Kitchener, collided on Highway 83 at the junction of Highway 21. In a single vehicle acci­ dent on Sunday, damage was set at $1,025 by Constable Frank Giffin to a vehicle operated by Theresa Mogen- son, Dashwood. Her vehicle rolled over on Highway 83 at the junction of Huron Road 2. In another Sunday acci­ dent, damage was estimated at $3,100 by Constable Giffin when vehicles driven by Stephanie Knapton, London, and Jack Lewis, Sarnia, collided at the junction of Highway 83 and 21. The driver and passengers in the Lewis vehicle sustained minor injuries. The only other accident of the week was reported on Monday when a vehicle driven by George Sereda, RR 1, Centralia, struck a telephone pole on concession 2 of Usborne after a tire blew out. Damage was set at $1,000 by Constable Christiaen. During the week, the of­ ficers of the local detach­ ment laid nine charges un­ der the Highway Traffic Act, three under the Criminal Code, four under the Liquor Licence Act and one under the Narcotic Con­ trol Act. West Park Baptist Church in London and John- is a computer technician in Boise, Idaho. Asked for his first im­ pressions of this area, Rev. Loshbough replied, "It’s sure different from the prairies. You don’t see the sun as much here. But my first impression of the people here is very favourable.” REV. LOSHBOUGH The all-party procedural affairs committee further recommended the ministry of the attorney-general review legislation covering MPPs’ privilege so the com­ mittee can address the issue again in the fall. Because the legislature is in summer recess, the com­ mittee report will be tabled with the clerk of the house. It may come up for debate in the fall. The complaint of breach - of privilege by Riddell was made last March after the UAW initiated legal action ! against the Liberal MPP over remarks made in con­ nection with the controver­ sial strike at the Fleck Manufacturing plant in Huron Park. The legal action involved a notice of intent to sue under at the Jan it was Expediency didn't work Exeter council members came under fire this week for action taken at their last meeting to speed up the approval procedures for the Masonic lodge to build a new hall behind the Exeter OPP building at the north end of town. Council had passed a bylaw to initiate an amend­ ment to the official plan to allow for the commercial building to be built on land presently zoned as in­ dustrial. The bylaw was passed even though it hadn’t even been written time. Local builder VanHaarlem said “unfair” that council should take such action on behalf of the lodge after telling him that there was nothing that could,be done in regard to his request to build a com­ mercial building on in­ dustrial land located just north of the bridge. "I don’t see why I shouldn’t be able to get something the same as the Masonic lodge,” he told council at their Tuesday night meeting. "It’s quite unfair towards me and it appears there’s a bit of favoritism going on.” He went on to say that council members were leaving themselves wide open for law suits when it appeared they bend the rules for some people and not others. While agreeing that the builder’s point was well taken, Mayor Bruce Shaw said council had taken the action on behalf of the lodge in an effort to expedite the project. "It’s not' a question of favoritism, it’s one of ex­ pediency, but I’ll be the first to agree it’s not fair,” Shaw added. He then advised VanHaarlem that the matter would be discussed later in the meeting, and when it was, it was found that both the Masonic lodge and VanHaarlem were actually in the same boat as far as their projects were con­ cerned. Clerk Liz Bell said that council’s action of approving a bylaw which hadn’t been prepared was improper and two amending bylaws were on the agenda to initiate proceedings to amend the official plan for both the lodge and VanHaarlem project. The latter is on land owned by Peter Warkentm, former owner of Les Pines Hotel. When asked if the action would enable permits to be issued for both projects, Mrs. Bell said that the matter had to be forwarded to the ministry of housing and then property owners within 400 feet of the two properties had to be notified of the planned amendments and be given 21 days in which to raise objections. Harvest begins, crop needs rain Pea harvest yields in the Exeter area have been better than average this year despite the dry weather, Jack Urquhart, manager at Canadian Canners said Tuesday. "It looks to be a heavier than normal crop so far,” he said, but moisture is required if the yields are to keep up. Every day that we don’t get rain will cut the yelds in two weeks time.” The harvest started on Monday with one shift. Canadian Canners plan to start running two shifts later this week, Urquhart said. the Libel and Slander Act and an application to the On­ tario Labor Relations Board for consent to prosecute un­ der the Labor Relations Act. The UAW libel and slander action is in connection with remarks made outside the legislative chamber. There is another privilege — not involved in the Riddell case — which protects MPPs from being sued for com­ ments in the house itself or '-”-5 HOSPITAL ••2 Price Per Copy 25 CentsOne Hundred and Fifth Year EXETER, ONTARIO, JULY 6, 1978 CHAP’.U H GUmN - V A649£ ATE6 • This is a drawing of the $528,836 addition now under construction at South Huron Hospital. At the left is the new emergency entrance. imes - Advocate Serving South Huron, North Middlesex & North Lambton Since 1873 CATCHES OWL — Stephen township farmer Jack Hogan recently caught one of the birds responsible for the loss of some chickens. He is shown here with a horned owl he caught in a trap. T-A photo New zoning bylaw faces many changes Exeter council members spent the last two weeks reviewing the draft for the new zoning bylaw, and if dis­ cussion this week is an in­ dication, many changes will be made in the document before it is approved. 1 Council gave the docu­ ment first and second Deadline nearing on Stephen's plan Any Stephen township residents wishing to do so have until July 14 to make any comments on the final draft of the municipality’s secondary plan. The plan with some minor amendments ma y be viewed at the township office in Crediton between the hours of 9 a.m. and 5 p.m. At the regular July meeting, council made the final amendments with the assistance of Huron planner George Penfold. The plan for Huron Park was updated and Plan 11 on Waterloo street in Exeter from Highway 4 to the railway tracks was changed to residential. Drainage engineer Ken Pickering was instructed to check into requests for repairs to the Woodburn and Wilson drains. in its committees. The committee found that Riddell’s privilege under section 38 of the Legislative Assembly Act had been breached. That section says an MPP isn’t liable to arrest, detention or molesta­ tion for any cause or matter of a civil nature during a session of the legislature or 20 days before or after. UAW lawyer Lennox MacLean said in an inter­ readings after Mayor Bruce Shaw suggested this would at least "get the thing on its feet and get the ball rolling”. "There has to be a lot of changes as far as I’m con­ cerned,” commented Coun­ cillor Ken Ottewell. He agreed with an earlier contention aired by Reeve Si Council gave approval for easements for hydro pole installations on the properties of Gerbro Cor­ poration, Wilfred Huxtable and Frank Hicks on Lots 1 and 2, Concession 1, Increases were granted in the retainer salaries for members of the Crediton and Huron Park fire depart­ ments. The chief of each brigade will receive $350 per year, deputy-chiefs will get $325 and the salary of captains will be $300. The retainer for firemen is $275. They are paid additionally for calls and practices. Support was given to a resolution from the town of Strathroy to increase Work­ men’s Compensation benefits for part-time firemen. A grant of $10 was made to the Huron Historical Society. view he was "astounded” by the outcome and said "the ramifications are really ex­ traordinary.” The Toronto lawyer said the committee’s finding would appear to “’seriously jeopardize the rights of members of the public to br­ ing civil actions against their MPPs.” He said the prohibition period during which civil ac­ tion cannot be taken would SOUTH HI draftSimmons that the prepared by the county plan­ ning department was too restrictive in nature. "It’s putting a lot of strings on development,” Simmons said. Ottewell said the proposed ♦ zoning bylaw was an ap­ parent attempt to maintain the status quo, and didn’t make provisions for expan­ sion and changes. He said the only area open to apartments, for instance, was in the area of Sanders St. East and the only Way such projects could take place elsewhere was to go through a lengthy amend­ ment process. Simmons suggested that making drastic amendments would be "darn near im­ possible” and suggested the zoning should not be as restrictive as outlined. Mayor Bruce Shaw, who said members of the local planning board were also split in their opinions of the philosophy that should be contained in the documents, added that council members would have to study it very carefully and be prepared to know what it said and then ? to defend it. "You’ve got to earn your money on this one,” he said. Councillor Ted Wright said it Was worthy of a special meeting before the matter is taken to the public in September. Shaw agreed and suggested such meeting for late August or early September. leave only a few weeks a year in which a citizen could seek legal redress. MacLean said he would have to advise his clients to comply with the decision, which would mean the writ in the libel and slander suit, recently issued in the On­ tario Supreme Court, couldn’t be served until next January. That is because the house is only in recess and the Problem over apartments is resolved... once again The on-again, oft-again apartment complex planned by Exeter developer Len Veri in the block bounded by Carling-Sanders-Gidley- William streets, should be on again this week following a new agreement hammered out after a lengthly discussion at Tuesday night's council session. At their last meeting, council had approved the project after Veri and his lawyer, Kim McLean, agreed to join two of the parcels of land in question together to provide the required 60-foot frontage onto Carling Street. A building permit was subsequently issued, but was withdrawn about three days later when it was discovered that the project did not comply with the town’s bylaws which stipulate that a house and an apartment building could not be situated on the same parcel of land. Veri and McLean were back at council this week in an effort to resolve the matter. Most of the discussion was held in-camera as McLean advised council the problem was “litigious.” "Why do we always have to go into camera?” Coun­ cillor Derry Boyle asked. "Are there personalities involved?” McLean replied that the matter could end up in the courts and in view of that, he said the discussion should not be printed. Chris Little, of Deane & Laughton, who was on hand ’ to represent the town in the discussion, agreed that the matter should not be held in public. After the closed debate, Court docket very light Only five cases were heard by Justice of the Peace Douglas Wedlake in Exeter court, Tuesday. Thomas A. McVeeney, Ailsa Craig, was fined $28 or three days for failing to produce , an operator’s licence and Marcel H. Lavigne, Huron Park, was fined $13 for a speed of 60 in a 50 km zone. A fine of $28 or three days was levied against Donald Brian Morrison, RR 3 Embro, for failing to wear a seat belt and Frederick Neal Campbell, Exeter, was fined $28 or three days for passing another vehicle on the right off a roadway. The only charge under the Liquor Licence Act resulted in a fine of $54 or five days for Daniel Craig Wilkinson, Kitchener, charged with having liquor in a place other than his residence. current session of parlia­ ment won’t end until late this year. MacLean said the com­ mittee’s interpretation of the law would mean that in cases where "immediate redress” is sought in the courts — such as an applica­ tion for support or child custody from an MPP — the ordinary citizen would be forced to postpone the exer­ cise of his or her normal Boyle presented a motion that a new building permit be issued for the apartment project subject to the town and the developer reaching an agreement whereby the house located on the north lot on Carling St. would be demolished within one year of the issuance of the permit. "Will that satisfy everyone so we don’J have to come back at this again?” questioned Councillor Harold Patterson. McLean said that they were not agreeable to the requirement that the house had to be removed, "but we’ll have to live with it.” Little indicated the agreement could be drafted the next day and a new permit could then be issued to the developer. Veri said he hoped to have the apartment ready for occupancy late this fall, or perhaps next spring. A FLYING LEAP — The cool weather on Tuesday didn t stop Craig Gladding from enjoying himself at the Exeter swimming pool. T-A photo .1* ■ ■ '■ ibtv. ,0- '■&• Smoke testing fails to uncover problem Smoke tests conducted in Exeter recently in an effort to determine how extra water was getting into the town sewer system were not as revealing as had been anticipated. Councillor Ted Wright said Tuesday night that there were not as many improper hookups as suspected, although three or four property owners were foufid to have eavestrough still hooked into sewers. At his suggestion, council rights of civil action. In cases where there is a limitation period during which a citizen must take legal action or forego his right (such as in a libel and slander suit), a citizen would be deprived of his rights altogether by the period of MPP immunity against civil action, he said. James Bullbrook of Sar­ nia, lawyer for Riddell, said Please turn to page 3 Before leaving the meeting, he advised council that after consulting with his architect, he would be able to comply with council’s request that his planned commercial project in­ volving the former Chain­ way building be altered so that it would not extend beyond the eastern limits of the Gunn Home Hardware building. Council had suggested that this be done, but had agreed to allow Veri to build on the entire lot when he said that it would be costly to alter the plans to comply with their request. "It’s not as great a problem as anticipated,” he said in advising council the huilding would be in line with the rear of the hardware store. "That’s one foot for nothing tonight,” McLean mused. agreed to write those people and advise that the problem would have to be corrected within 30 days. "The big problem still hasn’t shown up,” com­ mented works superin­ tendent Glenn Kells, in reference to the source of the extra storm water that ap­ pears to be getting into the system. It had been an­ ticipated that more im­ proper downspout con­ nections would be found when the smoke tests were conducted.