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Judicial review causing division?
By Cara Smith
Staff Writer
Wednesday July 02, 2008
It's been almost a month since Waste Management officially announced their intention of asking the Court of the Queen's Bench to put the council vote on the landfill bylaw under judicial review. Although this was not a surprise to many, it hasn't been a welcome turn of events for Councilor Wayne Croswell who was named in the official document.
After discovering this information, Croswell sought independent legal council at his own expense. In January, Councilor Cori Kuyzk had asked council to pass a resolution that the County pay for independent legal advice if councilors felt they needed to get a second opinion. This resolution was not passed by council.
Croswell has been advised by his lawyer that he can go to the court proceedings and act as an intervener with his own legal counsel. The court date has not been set, but some speculate it could be sometime in the fall. So where the county sits as far as their position on the issue, is anyone's best guess.
At the County Council meeting on June 10th, councilors Kuyzk and Croswell left the meeting due to a pecuniary interest and a potential conflict of interest.
“I left,” said Kuzyk. “Not because I wanted to, and I doubt Wayne wanted to leave either.”
Kuzyk left reluctantly and was upset about the entire situation. When Croswell questioned what was going on, Dan Small, the County Manager said he would have to check with the County's legal counsel, Barry Sjolie before responding to Croswell. When Small didn't return Croswell's phone call, he went in to see him. At this point, Croswell asked him specifically how he could be in conflict of interest. He was told that there was a chance that Croswell could be personally sued, and couldn't give him any further details about how the county is handling the judicial review because Croswell could be financially affected.
“I guess it will be known as soon as the judicial review starts what council's position will be,” said Croswell. “I would hope that council would support a democratic council decision made by democratically elected councilors. I had followed the county's legal advice to ensure that due diligence was done and received a second opinion to ensure I was legally able to participate in the vote on Bylaw 1096-2007.”
Kuzyk is disgusted with the entire affair. Not only about the fact that Croswell's vote is in question but also how the rest of council is handling the issue. Now only three councilors are privy to what is happening, and none of those three councilors represent divisions that are directly affected by the landfill issue, says Kuzyk. All this is happening because a councilor is trying to represent his people, especially considering he was elected based on this platform.
“I still don't feel that now I have a conflict of interest,” said Kuzyk. “Do I have to fight my own county? What kind of team is this? They should be welcoming input from elected officials. Well they got what they wanted, if they have omitted us, they got what they wanted. And they're happy about it. [Reeve Henry Zolkewski] was happy, he wasn't concerned. He's supposed to be our mentor, our leader…he's misled the community and he should not be Reeve anymore.”
There was not much response from the rest of county council and administration in regards to their position or the events surrounding the in-camera session that the two councilors did not participate in.
“I really can't comment on any of that,” said Small in a phone interview. “This is a judicial review, it's a matter before the court…it's not council's role to decide to tell a councilor if they're in a conflict of interest.”
Zolkewski's comments mirrored that of Small's, saying “I can't comment on that, all we're doing at this point is waiting for [the review] to take place.”
According to the Reeve, no one asked Kuzyk or Croswell to leave the in-camera session. It was their choice whether or not to stay. It is always the decision of the councilor.
Councilor Charles Newell was also reluctant to give his opinion on the situation at present.
“There's not a whole lot I would want to say right now,” said Newell. “Because of any implications that might come out of it.”
In the meantime between now and the court proceedings, council still has to resolve their own waste issues, by closing landfills and finding transfer stations, but the outcome of the hearing may decide if the bylaw issue is back on the table.
Thorhild to hold referendum on swimming pool
By Cara Smith
Staff Writer
Wednesday July 02, 2008
The condition of the Village of Thorhild swimming pool has been an issue for residents for many years now. When the pool was up and running, it was a great place for the community to gather in the summer on those hot days. Now however, the pool is a mess of crumbling concrete, and is encased with plastic orange fencing to keep out visitors. It would take a large chunk of the Village's budget in order to put the pool into working order, and the Village has determined that they need the input of all residents of the Village of Thorhild in order to make a decision on this. So they are in the process of preparing a referendum.
In order to do that, the Village is waiting until they have all the information before they proceed. They want to make sure that they handle the referendum in accordance to municipal standards. They also need to have the exact amount that it would cost the village to renovate the pool.
Beth Evans, the president of the Friends of the Thorhild Swimming Pool Association says that she is one of many that are not in favor of closing the pool.
“We've been working very hard to keep the pool up and running. It would be a shame if it closes,” said Evans. It's important that it remains open for the community and for the children. Evans is concerned about the kids not having any physical fitness or even a place to go during the summer months.
The pool just had it's 40th anniversary this year, and although it's been a struggle to keep the it in good condition, Evans is convinced that it's not a lost cause. The association has been actively fundraising for several years now. They have raised $60,000 so far for the cause and have given $20,000 to the Village for some repairs. Right now, they are holding back on giving the Village the rest, as they want to apply to the province for a grant that would match whatever the association raises.
But it's not only the residents of the Village that are involved in fundraising and supporting the pool, it's residents from the County of Thorhild. More than half of the members of the association are residents of the County, and would not get to vote when the referendum begins.
“It's not just the residents of the Village that it would hurt,” said Evans.
At this point, the association has asked the Village for information regarding what the referendum will contain, wording, etc. They also would like to know what grants the Village has applied for regarding the pool, so that the association doesn't also apply for the same grant. There has been no response yet from the Village.
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