Lakeshore Advance, 2011-12-14, Page 1616 Lakeshore Advance • Wednesday, December 14, 2011
HURON COUNTY COUNCIL
County�es Bylaw a 28
20
Central Huron Mayor wants change
Cheryl Heath
OMI Agency
Huron County Council is not yet prepared to shed a
13 -year-old bylaw that is proving irksome to some
councillors.
After a recent court ruling saw I luron County Council's
composition shrink to 16 from 20 members this past month,
county administrators invited county counsel Greg Stewart
to outline both the justice's decision and Bylaw 28, 1999,
which proved to be in contention.
At the crux, the 1999 bylaw outlines county council's com-
position in accordance with the voter's list, allotting one
councillor per municipality and then an additional one per
4,000 population. However, the county opted to let 20 coun-
cillors stand as per legal advice last December, after the vot-
er's list, which is formulated by the Municipal Property
Assessment Corporation (MPAC), was called into question.
That county decision was then appealed by five county
municipalities - Goderich, Ashfield Colborne Wawanosh,
1-lowick, Morris-Turnberry and Bluewater.
While outlining the matter, the solicitor noted it was an
awkward situation given he is both I luron County's and the
Town of Goderich's lawyer.
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During a question period, Coun.
James Ginn (Central Huron) wondered
what impact the ruling would have on
the bylaws that have passed through-
out 2011 given four of the councillors
should not have been there.
While Stewart said there is no impact
given the court was not asked to open
up those bylaws, Ginn wondered about
the Huron County library board's past
year as three of the representatives,
including chairman Brian Barnlin
(Central Huron), are now off council.
Again, Stewart suggests the board's
decisions should stand.
Coun. Ben Van Diepenbeek (ACW)
expressed disappointment with the
process.
"We ignored Bylaw 28," he saki, add-
ing that ultimately the decision as to
whether to maintain the status quo
once MPAC's numbers came into
question should have been left to
county council.
Van Diepenbeek adds it is unfortu-
nate four councillors lost their oppor-
tunity to be at the table since they were
solid ones.
"it should've been dealt with a year
ago," says Van Diepenbeek. "We knew
Bylaw 28 was a valid bylaw:'
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The county's solicitor replied that he
was asked for an opinion and he for-
mulated one after consulting with the
Ministry of Municipal Affairs with
regard to the process involved in
changing council's composition. Stew-
art adds there was a debate among
councillors but the only motion about
it was tabled.
Ai
It (the composition) was a
decision of the courts.
Why are we doing this?"
— Coun. Deb Sheu felt (Goderich)
In short, says Stewart, council did
have an opportunity to debate the
validity of the bylaw.
"In January, it was left. 'There was no
challenge to the bylaw and there were
20 members on council," says Stewart,
adding an application for the appeal
was not brought forward until July.
Coun. lames Ginn (Central 1 luron)
questioned Van Diepenbeek's coIn-
inents with regard to the recent
removal of four councillors.
"Your direction action is a result of
that," says Ginn.
While noting it is ironic a legal deci-
sion kept the council at 20 and a sub-
sequent legal action changed it to 16,
(inn says ultimately the problem is
with the voter's list supplied by MPAC.
"We all know the voter's list was in
shambles," says Ginn.
Coun. I)eb Shewfelt (Goderich)
disagreed.
"That's your opinion," said tihewfelt.
"It (the composition) was it decision of
the courts. Why are we doing this?"
County Warden Neil Vincent (North
1 iuron) cut off the exchange, noting he
(fid not want to see an "argument on
the floor."
Vincent, whose own municipality
lost a councillor, had the clerk search
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back on the matter and discovered the
only motion asking for a review of
county council's composition was
tabled earlier this year. It was sent on
to be later discussed at a strategic plan-
ning meeting.
"Basically, it never came back,” says
Vincent.
Vincent says while there are two
opposing views on Bylaw 28, "Justice j
Gorman has inade a decision.'
Coun. Bernie MacLellan (Huron
East) says the bigger picture needs to
be looked. He also questioned wily
South Huron was given more time to
look at its voter's list and then allowed
to keep a third councillor in 2003.
"This has been an ongoing issue,"
says Maclellan.
Meanwhile, Coun. 'Tyler Vessel
(Bluewater) expressed no sympathy for
municipalities questioning voter's lists
since they all knew what the numbers
were before Election Day.
„You're out there campaigning,' he
says. "Ask people to vote.
While Coun. Paul Gowing (Morris
Turnberry) says it is important to
remember the bylaw is tied to the elec
tor's list and not a population count,
(',inn said the platter must be
addressed since MPA(: acknowledges
it does not have the meatus to maintain
an accurate list.
"We've got to conte up with a differ-
ent formula," says Ginn, noting using
Statistics Canada's numbers might be
a sound alternative.
Goderich's 11iayor's view remained
unchanged.
In noting the province sets the
standards, Shewfelt told Ginn to, "Read
the Act:'
(Ginn, however, contends the curtest
system dot's not cut it and there are
other counties that do things
differently.
"There are options out there, says
Ginn. "We've got to get this changed.
We can't go through this again."
While the warden notes council has
three more months to enact changes,
Coun. Joe Steffler (Moron East) says it
is time to move one.
"Let's get on with life," he said,
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