Meaford council took the first step toward terminating the municipality's contentious lawsuit against property owners along Georgian Beach Road on Monday night.
A resolution put forward by Councillor Jim McPherson to “rescind By‐law 80‐2007 and further to that withdraw the actions taken against the Defendants in Court File No. 07‐249 of the Ontario Superior Court of Justice” found the support of three other council members.
The passing of that resolution means that at the next meeting of council (July 12) a bylaw will be on the agenda that upon it's passing will terminate the lawsuit against the Georgian Beach residents.
It is a risky move that the council members who voted in favour of did not take lightly.
“I've spent hours trying to work through to this end,” advised Deputy Mayor Michael Traynor who had taken the helm of the council table after Mayor Francis Richardson removed himself from discussion of the issue due to a conflict of interest, “I don't think we understand the consequences of going forward (with the lawsuit), or of getting out. But the only way to get things back on track is to get out.”
Traynor, who had previously supported the legal action which sought to enforce an 1854 bylaw which indicated that a road allowance was still in place and ran along the water side of the property owners and would force some residents to remove fences, barricades, and in some cases even out buildings that had been constructed over the years, said that there was no political motivation for his change in position.
“I am never running for council again in the Municipality of Meaford, so I have no motive or agenda,” said Traynor who strongly urged all sides involved to take a serious stab at mediation in order to resolve the dispute.
After discussion around the council table which saw each member of council state their position on the issue, the process was stalled when just as Deputy Mayor Traynor was to call a vote on the resolution, Councillor Lynda Stephens requested that council go “in camera” to discuss further.
That request raised the ire of Councillor McPherson, and debate ensued as to whether is was too late to consider the request since the question had been called by the chair.
A “five minute recess”, which lasted some 40 minutes, was called in order to allow time for new Clerk Pam Fettes and CAO Frank Miele to consult Robert's Rules of Order to decide how the meeting should proceed.
In the end Stephens could not find another council member to second her motion to go “in camera”, so the vote on the resolution proceeded and saw Councillor's Lemon and Stephens vote against terminating the lawsuit, and Councillor's Shortt, McPherson, and Greenfield along with Deputy Mayor Traynor voting in favour of the resolution to rescind the bylaw and terminate the legal action.
After the meeting CAO Frank Miele was asked by reporters to shed some light upon the implications of terminating a lawsuit that has cost the municipality more than $500,000 in legal fees thus far.
“That's the 64 million dollar question,” said Miele who indicated that councillors had been advised of some of the potential legal and financial fall-out of discontinuing the lawsuit though he did say that though it will cost, he will act upon the wishes of council “I do whatever council wants me to do, and if they want me to terminate the legal proceedings, we do.”
Some are speculating that the cost of ending the lawsuit that the municipality brought upon the Georgian Beach Road residents could cost the municipality upwards of $500,000 in addition to the half million dollars that has already been spent, though if the lawsuit had continued the costs could have escalated even further.
Councillor McPherson who has been an opponent of the lawsuit from the outset was clearly pleased that his resolution had found enough support from his fellow councillors to pass.
“I'm happy that council came to a conclusion which I reached many years ago that this was a fruitless activity,” McPherson told The Independent, “Unfortunately this comes much later than I would have hoped. It is a costly decision, but it would have been a more costly decision to keep moving forward (with the lawsuit).”
McPherson said that there is still a long road ahead as though the lawsuit might be terminated, the issues that brought on the legal action still need to be addressed, and McPherson echoed the thoughts of Deputy Mayor Traynor when he expressed hope that the various parties involved will be able to take part in a mediation process to solve those issues.
Georgian Beach Road resident Kinder Essington was pleased with the turn of events.
"We're elated," said Essington who had not yet been served in the expanded scope of the lawsuit, but had been expecting to be, "It was a little bumpy perhaps, I felt sorry for the Clerk. Hopefully now with this threat (the lawsuit) gone, cooler heads will prevail and some accomodations can be made."
