Loading...
HomeMy WebLinkAboutLakeshore Advance, 2011-11-16, Page 1010 Lakeshore Advance • Wednesday, November 16, 2011 Justice to consider county council's composition Cheryl Heath QMI Agency Superior Court Justice Kelly -Anne Gorman is expected to rule this week on whether Huron County Council has the right number. In a hearing held at the Huron County Museum in Goderich Nov. 9, Justice' Gorman heard lawyers speak against and in support of an earlier county rul- ing that maintained county council's composition at 20 councillors though a 1999 county bylaw states each member municipality's population should rule the composition. Community Connections Outreach Services (Zurich) Programs now available to the community at our location... • Physiotherapy Craig Irwin, Registered Physiotherapist • Foot Care Kelly Webster, RPN, Certified Footcare Specialist • Massage Therapy Shannon Keller -LaPorte, Registered Massage Therapist • Esthetics Kim Fisher, Certified Advanced Esthetician 'Transportation available for these services • For further details and appointments call: 519.236.4373 ext. 631, or email: p.`rootebluewaterresthome.com �mmunity onnectionsousegorw In representing five munici- palities that brought the com- plaint forward, Goderich-based lawyer Glen Carey argues the 1999 bylaw is clear in that each municipality's representation on council is allotted in accordance with population increments of 4,000. Carey says at issue is the interpretation of one section of the Municipal Act, which set out the guidelines for the lower tiers to follow. Specifically, says Carey, while the county maintained the status quo with 20 county councillors since a triple majority vote (a bylaw approved by county coun- cil must then be passed by the majority of lower -tier councils, representing the majority of elec- tors) was not held allowing for a decrease in county seats, the fact is that vote was not necessary. In essence, says Carey, it defies sense that the bylaw was meant to be "four years' behind" Carey says the five municipali- ties launching the complaint - Goderich, Bluewater, Ashfield Colborne Wawanosh, Morris- 7'trnberry and Howick - argue that Central I iuron, South 1 luron, North Huron and Iluron East each have one representative too many at the county table since they do not have the requisite populations to justify the repre- sentation. Ile suggests the com- position should drop from 20 to either 16 or 18, depending on the population data used. Carey's asked the court to declare the 1999 bylaw valid and quash the county's bylaw 1:2011, known as the striking bylaw. "If No. 1 is granted, No. 2 must fall," says Carey. Greg Stewart, the county's counsel, says while the genesis of the 1999 bylaw is clear, there is also a set process in place that must be followed in order for a change in county composition to occur. Stewart says that a triple majority vote on a possible change to the composition should have been held a full year before the election. Since it was not, a change in county council's composition is invalid. "The wording is extremely important," says Stewart, noting the Municipal Acts spells out 11 what must occur before the county council's composition change. Also among the require- ments, notes Stewart, are at least one public meeting and proper public notice. "You have to look at the words in the statute and the words are clear, he says. Stewart further asked the court to rule bylaw 1:2001 as valid and that county council should be entrusted to handle its composi- tion for the next term. Gorman said she would review the submissions and report back next week. Courthouse rehab is under way Cheryl Heath QMI Agency Huron County's historic court- house will soon be ready for occupancy. That was the good news deliv- ered by Dave Overboe, Huron County's social services director, at the county's Nov. 9 committee - of -the -whole session in Clinton. "It's all good news as far as the courthouse is concerned," reports Overboe, who says the building has now been declared asbestos free, which means rehabilitation work could finally begin. "It looks fairly positive that we'll be in there by December," says Overboe, adding the facili- ty's malfunctioning clock will also be fixed thanks to a push delivered by several concerned councillors, including Goderich Mayor Deb Shewfelt. Meanwhile, Coun. John Grace (Goderich) wondered whether the county's ability to move back into the courthouse will coincide with the opening of the Ministry of Attorney General requested trailers on the courthouse grounds. Overboe notes ministry offi- cials never contacted the county in order to ascertain when the courthouse could reopen. County councillors are antici- pating the ability to be back in their regular chambers for the county's inaugural session on Dec. 7. Making Noise The County of Huron is preparing to move forward a number of recommendations crafted by a committee designed to eye the possible ratnification of Low Frequency Noise. In acknowledging the task proved to be an unwieldy one, committee chairman Brian Barnini (Central Iluron) said the committee, comprised of repre- sentatives from seven of the county's nine municipalities, met three times in order to review hundreds of pages of research addressing issues relating to "We kept it down to a mini- mum of meetings ... at the end, we came up with the best we could come up with," says Barnim. Among the committee's rec- ommendations k a proposal to ask lower tiers to ask any devel- oper that anticipates "commu- nity concern" to commit to undertaking a I,FN study before construction begins. While Barnim spelled out that the 1,FN issue was an encom- passing one, not to be confused with ongoing controversies relat- ing to wind energy, Coun. Bill Dawson (Bluewater) wondered whether a LFN bylaw could have a negative impact on Huron County's farthing operations. Citing grain dryers as an exam- ple, Rowson wonders whether it is possible a bylaw on the books could spell the end for some sec- tors of the ag industry. 'Though Barnim acknowledges that possibility, planning director Scott Tousaw says any bylaw would be implemented on a "go forward" basis, meaning present- day practices would not he impacted. Tousaw also took time out to explain the difficulty with LPN is by definition it is something that cannot be heard. Using the example of a passing vehicle with the bass too loud as an example, Tousaw says LFN can be felt through vibration or a "fullness" in the ears as opposed to loud noises. the LFN committee also wants to reconvene once Ontario's Min- istry of Environment releases a pending study on LFN. Also among the recommenda- tions of the committee is a request to the Association of Municipalities of Ontario (AMO) go get involved and to get a dele- gation together for the Rural Ontario Municipalities' Associa- tion (ROMA). New Project More than 400 jobs will be cre- ated by wind energy project planned for Huron County soil, reports Derek Dudek of Nextl?ra Energy Inc. In addressing plans for the project for the Bluewater and Goshen Wind Energy Centre projects, Dudek says his com- pany has a "strong track record" and that the project itself will benefit the county in several ways, including through tax dollars, CONTINUED > PAGE 11