The Lucknow Sentinel, 1996-02-21, Page 1• . •
VOL. 123 WK. 8•
WEDNESDAY, FEBRUARY 21, 1996
60 INCLUDES GSA:
by Pat Livingston
The Ontario Municipal Board (OMB) has dismissed
Donegan Haulage's appeal on a rezoning application to
allow another gravel pit hi Kinloss township. The dis-.
missal is "without prejudice to any fresh application
for a rezoning."
Board chairman Ted Yao's written decision includes
la recommendation to the Minister of Natural
Resources that the .class A aggregate licence be
refused - also without prejudice to a new application.
Costs incurred by the municipality and the ratepay
ers group opposing the application were not assessed.,
to Donegan. .
"Happy that it's been dismissed" was all Gord
Pletcher could say when contacted for comments on
Monday. Fletcher, spokesman for a citizens' group oppos-
ing the rezoning, still hadn't received his copy of the deci-
sion. "We don't know all of the samifications involved," he
said. ,
Deputy Reeve Leo Murray thinks "justice has been
wationiieeij
• • • • ••::•: • ••!:: x
„„ • • .
done, "saying he'd make further cortunefits later.
• The appellant's spokesman, Harty. Donegan: is on hoii,
days and couldn't be reached for comment.
• Yads decision comes about two months after the full
OMB hearing on Dec. 4. At the conclusion of that hearing,
the township was given three options: (a) dismiss the trial
without costs; (b) dismiss the trial with costs; (c) adjourn
the trial until Donegan prepares the necessary reports, with
because "there is outstanding work to complete the appli-
cation:" Additional testing and changes in the operating
plan are still needed, especially in certain areas such as
specification of maximum depth of excavation, details of a
replanting plan, hydrogeological, ecological and survey-
' ' „
Yao found be could not agree to the Donegan proposal
that the zoning and hcence be granted conditionally.
• "There is too much uncertainty in what needs to be tested;
therefore I cannot grant a conditional ,rezoning." writes.
Yao. '
2; Regarding the township's option. , Yao says, "1 cannot
costs. -• agree that Donegan is wholly responsible for the incom-
Council chose option (c). - pleteness of its application." Yao refers to the late filing of
By process of elimination, Yao explains his decision. two reports by the Ministry of Environment and Energy.
1. Donegan's rezoning could not be granted outright "Although MOEE is not a party, the township and citizens
relied upon their evidence, se they must in some way
be bound by MOEE's actions."
Yao writes that he is -not being critical of MOEE
because all parties realize the agency is underfimded
and has too many projects to comment on. ",..it is not
possible to put all the blame on Donegan, since
MOEE's inability, to respond in a timely fashion is at
least partly responsible for their incompleteness."
3. A third possibility was for Yao to retain control of
the case, adjourning it for an indefinite period to
allow the applicant to do the necessary investigations.
To do so may have inferred that Donegan's case
has sufficient merit with a good likelihood of success:
• "1 am not prepared to make any conclusion either for
or against, at this time, nor do I wish my comments
infer any such conclusion," writes Yao. ' .
• He did point out that one advante ....e to this method,
would be if another hearing did occur, the tellies are saved
the costs of educating a member about their respective
...,..„.„.
•
tivaitions. ••
A second reason for not doing this is that Kinloss had ,
:°'..
tequeste# if there was an a4jontnineot legal 404
.tapt costs of up to $20,000 be paid in advance. "Imposing
costs in advance would immensely complicate this matter,
since there is little precedent for being forced to pay for
- future costs.", ,
Yao says in his decision, "Both sides were reticent about
laying all of their cards on the table."
The decision states that if there are any new applications -
on this rezoning, they should be supported by clear reports
on matters listed in item one.
Students at ,L00$4earnedr more about Protecting and ItylPivvirig OntariOs
environment when George ..Axle, Of the Federation of Anglers. and Hunters,
came to visit last week. The program is sponsored by the Sydenham
Conservation Foundation. Bonnie Forsythe! 'Candice' Hamilton and 'Cheryl
Unklater talked to Axitt about Wild tOrkeys, such as those oieaitettirt this
area aver the last couple �f years. (Pat Llvingston photo) "
• Unionists debate Multiple
• • .
Harris agen a injuries
by Cameron J. Wood
• Criminals,. single -,mind-
_ ed, senseless, jurassic.
To those working in. the
public sector and unions
throughput Ontario, that's
how best to describe the
Harris government accord-
ing to unionists in the
Huron -Bruce regjon. At a
meeting held' in Winghani
last Thursday, about 25 area
residents, public sector
workers and union leaders
gathered to share their
views on the Mike Harris
agenda and receive input on
what direction they should
•+
The ,meeting could have
easily been, confused With
an NDP riding association
session, complete with
membership recruitment
aurid 4111111er digs at both'
Harris and members of his
government. 'However, the
main focus of rile session
Was trying to get Members
of the unions to join togeth-
er to battle '1.1anusic Park.°
avid, Thimble, president
of the Grey Bruce Labour
Council, said the Harris
government's sole objective
is to provide a 30 per cent
tax rebate to residents,
• despite the cost invPhied.
"Let's be perfectly clear.
Two-thirds will go to the
top 1.0 per cent of earners.
Are you aware that most
• corporations stopped paying
tax on January 25? 1 know
that everyone here will be
• paying taxes,a whole lot
longer than January 25,
Trumble said. ,
Thimble said that if any-
one believes this is respon-
sible government, they had
better think again.
For example, he said, the
debate on Bill .26, the
Omnibus Bill, was "cut
short" six weeks of public
hearings took place, with a
two week hiatus in the mid-
dle, for Christmas. 13i11 26'
will affect 44 provincial
statutes.
Thimble said that under
the new law, for example,
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in.• Hwy 21
accident •
• A three car accident
Sunday, 10 kin• north of
• Goderich on Hwy. 21, sent
five people to different hos-
pitals..
Goderich. OPP are inves-
tigating the accident that
happened about 1 p.m. on
on a bare, dry Toad. Light
snow was falling.
Cynthia Barzyk, 31, of
Whitmore Lake, Michigan,
was southbound behind a
snowplow. Donald Staples,
42,, of Kincardine, was also
southbound behind the
Barzyk vehicle. The Staples.
vehicle pulled out to pass
the Barzyk vehicle and
struck a northbound cat
'head on. The ttarzyk vehi-
Cie then became involved in
the. collision.
Barbara Carson, 22, of
Brantford, was driving the
northbound vehicle. Her
parents, Bill (48) and Diane
(47) Carson, of Exeter, and
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