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Wednesday, 29 January 2020 12:35

Higgins up for Canada’s Top Mayor Award

North Frontenac Mayor Ron Higgins is in the running for Canada’s Top Mayor.

According to the competition’s web site, “Canada’s top mayor award is a community-driven competition between Canada’s mayors that brings people together to celebrate and elevate each other.

“The winning community and Mayor will be awarded a monitory prize for community improvements or their local charitable causes, the Community Cup Trophy, and of course, bragging rights.”

“It’s mostly the bragging rights,” Higgins said. “The prize is dependent on sponsorships and ‘not to exceed $10,000.’”

Higgins said he has no idea who nominated him.

“I just found out when I was ‘welcomed’ to the contest,” he said. “Now I have until Friday to write about 2,000 words and do a 90-second video telling why North Frontenac should win.”

He said there are several stages to the contest but should he advance to the finals, “it’s a fancy black-tie affair.”

Higgins said he does have a charity in mind should he win, but declined to say who that would be.

Published in NORTH FRONTENAC

The first-ever clerk-administrator of Central Frontenac Township, Heather (Campbell) Fox died last Saturday after a lengthy illness.

She was 72.

Fox is survived by her husband of 51 years, Douglas, mother Jean Campbell, grandchildren Emma, Chase and Colton, step-grandchildren Savannah and Raven and daughter-in-law Charlene.

She was predeceased by her son Darrin (2019) and father Glenn.

Fox became clerk of the new Central Frontenac Township in 1999 when Hinchinbrooke, Oso, Olden and Kennebec Townships merged. She remained in the position for nine years before retiring. In 2010, she successfully ran for Township Council in Hinchinbrooke District, serving for four years. She was unsuccessful in a bid for re-election.

She also briefly ran a boutique in Verona after retiring from the Township.

Current Coun. Bill MacDonald was the first Mayor of the new Central Frontenac Township and remembers Fox fondly.

“She’d been sick for a long time and the whole family has faced an uphill battle for some time,” MacDonald said. “It’s funny, last Saturday I was at my grandson’s hockey game and thought about stopping in to see her on the way home.

“That was before we got the call that she had passed away.”

MacDonald said Fox was “great to work with” as the new Township’s first chief administrative officer.

“We were thrust into a situation where there was no blueprint to follow,” MacDonald said. “Things popped up and one of the first things was that we had to declare a state of emergency because of the Ice Storm.

“We spent many nights in the Township Office because it was the emergency headquarters.”

MacDonald said the community has suffered a loss because Fox was “a builder” of the community.

“When we started, we had four clerks,” he said. “Shirley Conner was the Kennebec clerk and decided to retire.

“We chose Heather as the new clerk while Judy Gray (Oso) became treasurer and Cathy MacMunn (Olden) became planning coordinator.

“They all brought strengths and resources.”

MacDonald said that for him, one thing that sticks out about Fox was her sense of humor.

“She had a very, very infectious laugh,” he said. “Whether or not you heard the joke, when you heard her laugh, you laughed along together.”

Fox was named Hinchbrooke’s Senior of the Year in 2019.

Published in CENTRAL FRONTENAC

When Neil Carbone was hired as the new Chief Administrative Officer in South Frontenac last summer, it signaled that the council of the township was ready for a new future. Carbone, who is in his mid-thirties, is from a different generation than the leadership that has forged the four founding townships, that make up South Frontenac, into a single entity.

He also comes to South Frontenac from a job in Prince Edward County, where he served as the Director of Community Development and Strategic Initiatives, a role that has no parallel in Frontenac County. Prince Edward County, which is a single tier municipality, with a population of over 24,000 people, with a diverse local economy thanks to its mix of residential, agricultural and commercial sectors.

“The department underwent an expansion during my tenure. It had an Economic Development focus when I started, and by the time I left, not only had it doubled in size, but had a much broader role as well,” he said in an interview last week from his office in Sydenham. “Not only had we taken on destination tourism marketing, but also customer service and oversight of capital grants and even project management. The department’s role has become one of putting a community lens on everything that the township does.”

An example that he cited was a $4 million water and sewer replacement on the main street in Picton.

“We knew that the businesses on that street do 50% of their business in July and August, so we looked at the cost factor if we set out an RFP [Request for Proposal] that called for construction to shut down for two months in the summer. A contractor found a way to make it work for them, to do it that way, by taking some other work in the region during the summer. It cost about $200,000 more to do the project that way but it made a difference for the business community in Picton,” he said.

When he learned that South Frontenac was looking for a new Chief Administrative Officer (CAO), Carbone did some research, and his interest was piqued, by the growth potential of the township and also by its financial position, so he decided to put his name forward.

“I saw a lot of opportunity in South Frontenac. The house is in order financially. It has a very lean organisation and has been building its administrative capacity, a bit pre-emptively, to handle the growth that is coming. I saw coming here as CAO as a great opportunity for me,” he said.

Coming in to 2020, the future shape of South Frontenac is coming into focus.

“I thought that our budget process was very good, very productive for my first budget, and our new strategic plan will form the basis for us to move forward quickly,” he said.

While strategic plans sometimes get lost in the shuffle, as unexpected day to day and external pressures come to bear, Carbone sees the new South Frontenac plan as a call to action, within the context of pressure from growth on the townships’ ability to maintain service levels, increase its organisational capacity and upgrade community amenities.

“When we considered those pressures in the context of increased provincial uncertainty, Council recognized the need to take control of its own destiny, a common theme of the strategic plan and the 2020 budget is a desire to lead, to grow, and to look outside our borders for opportunities to collaborate,” he wrote in a year end township press release.

The plan has four priorities: becoming a regional leader, supporting growth while protecting the environment, enhancing the township’s organizational capacity, and “being a catalyst for the creation of vibrant and complete communities”.

The idea of ‘vibrant and complete’ communities will play out when the township looks at its official plan this year. It involves making a decision to promote development that does not turn South Frontenac into a bedroom community for the City of Kingston.

“They way things are set up now, we are able to develop subdivisions with two acre lots. That limits the people that can move in to our townships and limits the business opportunities. I think the idea of communal servicing, that Joe Gallivan from Frontenac County has been leading, will be something we will talk about a lot this coming year,” he said.

Communal servicing refers to a water and sewer system, similar to a municipal system, to serve a private development. It can substantially increase the density in a development, making retail, commercial, and multi-residential development possible in rural settings where publicly owned water and sewer systems are not viable. There are technical, bureaucratic and financial liability hurdles to overcome, however.

“To realise the growth that has to be in place for complete communities in South Frontenac, let’s identify what those needs to be in place for the developer, lets talk about municipal ownership versus private ownership, let’s put the model together,” he said.

The township will also be undertaking a branding initiative this year, which fits with the strategic plan vision.

“The practise of branding itself is not just about a logo. Your brand is who you are. The act of branding a place is not about creating something new, it is about making sure that everybody sees themselves in the community,” he said.

It also ties in with an evolving role for the township, in Carbone’s view.

“We can establish one to one relations with the City of Kingston, with the Province of Ontario,” he said. “That’s part of becoming a regional leader, which is also in our strategic plan.

Published in SOUTH FRONTENAC

A final report from Terry Gervais and the Loomex Group on Fire Services in North Frontenac Township is scheduled to be presented to Council Nov. 1, Gervais told Council at its regular meeting last Friday in Plevna.

“I’m here today to give Council an idea of how we’re approaching this project,” Gervais said.

In 2018, Council accepted Fire Chief Eric Korhonen’s Fire Master Plan, which included an independent study and review of the Fire Emergency Services received by residents in Wards 1, 2 and 3.

Services in Wards 2 and 3 are delivered solely by the Township of North Frontenac. Ward 1 services are provided by both North Frontenac and the Township of Addington Highlands.

The review for Wards 2 and 3 are already complete, leaving Ward 1 for this section of the project.

“It’s similar to what we did in Wards 2 and 3,” Gervais said. “We’ve gathered the information and now we’re starting analysis.”

The information was gathered primarily through interviews with the heads of both North Frontenac and Addington Highlands Councils, Joint fire Committee members (including alternates), Fire Chief Eric Korhonen (North Frontenac), Fire Chief Casey Cuddy (Addington Highlands), treasurers for both townships and Kaladar/Barrie firefighters.

“Any additional information will be reviewed, including any service level agreements and bylaws in place in the different wards, as well as any other applicable information,” Gervais’ report said. “The comparison phase of the project will be to compare the level of service that is being provided in Ward 1 with Wards 2 and 3.

“This comparison would be to determine what similarity or differences there are within the different wards (and) there will be any recommendations for Council’s consideration of the fire services within the municipality.”

Coun. John Inglis noted that captains and chiefs will be interviewed and asked: “How can we be confident you won’t whitewash the information to protect individuals?”

“We will present just the facts,” Gervais said. “I don’t own property in either municipality so I have no stake in this.”

“I had to ask,” said Inglis.

Special meeting on Senior’s housing in November as well

Council decided to hold a special meeting to discuss seniors housing sometime in November, following a resolution at the previous Council meeting to defer discussing a plan for moving forward until this meeting.

CAO Cheryl Robson said that following her meetings with staff on the subject, her recommendation would be to “wait until 2020. Everybody (staff) is maxed out right now.”

“I don’t believe we’ve gotten past the public consultation stage anyway,” said Coun. Vernon Hermer. “I recommend open houses in each ward.”

“But you’d have to have some information to present to them,” said Mayor Ron Higgins.

“I think Coun. Hermer’s problem is he thinks people don’t want this project to proceed,” said Coun. Gerry Martin.

“Well, it is going through, we decided,” said Higgins.

“I don’t believe there’s a resolution on the books,” said Robson.

“We decided we can’t do the stay-at-home option and we are going forward with bricks and mortar,” said Higgins.

“I went back through resolutions and couldn’t find anything that said exactly that,” said Robson, who then suggested a special meeting of Council with a public meeting component.

“If you do that, you’ll have to make it clear it’s not about stay-at-home versus bricks and mortar,” said Inglis.

“I think we’re getting into a discussion we should have at that special meeting,” said Higgins.

Council agreed to continue the discussion at a future special meeting, whose date is yet to be determined.

Seeking shovel ready projects

Following a discussion on the Province’s Rural Economic Development Fund, Council agreed to direct the Township’s Economic Development Task Force to identify three or four shovel ready projects that could apply for funding.

When it was suggested that the building to house a donated telescope at the Dark Skies Observation pad might be one, Treasurer Kelly Watkins said she believed the Township had already applied for a Canadian Experiences Fund grant.

“I believe that grant was turned down,” said Coun. John Inglis.

“It might not be very labour intensive to change it to an RED application,” said Watkins.

“Is water access economic development?” asked Coun. Gerry Martin. “People are launching their canoes off the Ardoch Bridge.”

(Editors note – see “North Frontenac puts the brakes on county road plan” on page 8)

Published in NORTH FRONTENAC
Wednesday, 21 August 2019 17:40

South Frontenac CAO Retires After Ten Years

“I had always wanted a job in a business that operated on a human scale; where I could know what was going on overall, not just in one separate department. I wanted to be able to see the larger picture, and South Frontenac seemed to offer that opportunity,” said Wayne Orr, in reference to his decision to uproot his family from Fergus in Western Ontario to become South Frontenac’s CAO ten years ago. The week before he began his new job, he sat at the back of the hall watching his new employers in a regular Council meeting. I remember they put on quite a performance that night. They were outstandingly irritable, quarrelsome and loud. Orr may well have wondered what he had signed up for.

What he remembers best from his first night at the table of a Council meeting was that one Councillor asked for some information about an issue, information that Orr knew was on his desk. He offered to go get it right away, but Mayor Gary Davison said; “Sit down! You don’t leave a Council meeting: next time you be sure to bring all the relevant information to the meeting with you.”

“That lesson stuck with me,” said Orr, “Council needs to be fully informed about an issue, to have the rationale, legalities, costs, pros and cons all laid out, before coming to a decision. It was my job to provide that information.”

It was a steep learning curve: Orr came from a human resources background. He not only had a lot to learn about the functioning of municipal governments, but he had to hit the ground running. Amalgamation was far from complete: the fire halls still operated pretty much as separate entities. Cemeteries, recreation facilities and community halls, nominally all under South Frontenac Township ownership, were fiercely independent, although expecting funding from the municipality. The bitterly angry Sydenham water controversy was still raw, and the whole water system ended up requiring a further $1.5 million retrofit before the current water treatment method was achieved.

“The scariest meeting I can remember was a year after I began, when the question of Sunday hunting was debated. The hall was packed, people lined the walls, and a group of hunters in camouflage gear were lined up on the stage behind me”, recalls Orr; “I couldn’t help wondering whether some of them might have brought their guns.” (note: it was decided Sunday hunting would be permitted in the Township, with the exception of the village of Sydenham, where guns may not be discharged.)

During Orr’s tenure, Council’s work was streamlined and became more efficient and focussed. No longer were all the reports of cattle kills by coyotes brought to the meetings for approval of reimbursement. Council committees now do the homework on larger issues, bringing informed recommendations to the Committee of the Whole or Council for decision.

Council meetings have become much more accessible to the public, and a lot less paper is wasted. All Councillors are provided with iPads to access meeting information, in lieu of reams of paper.  Meeting agendas and background information are available at any time to the public on the Township website, and are projected onto an overhead screen at the meeting. All Councillors and presenters use microphones.

In keeping with the growth of South Frontenac through amalgamation and development, staffing has been increased. Prior to amalgamation, each Township had a clerk, a treasurer, a roads supervisor and a fire chief. The South Frontenac CAO’s job has, over the past ten years, been separated out to include a clerk, an executive assistant, a receptionist, a development services director and a recreation director. This has made it possible for Orr to work with his treasurer and department heads to develop an efficient budget process that results in the year’s budget being in place early in the new year, rather than some time in the late spring. South Frontenac is currently in the enviable position of having healthy financial reserves. The four districts have finally achieved full amalgamation.

Orr credits his strong and dedicated staff for working together to help make South Frontenac a well-functioning municipality, but it was Orr who had the vision and ability to build that administration.

Orr feels this is a good time for him to retire; “We’re facing a time of great change - we’re on the cusp: ‘Too small to be big, but too big to be small’ as Mark (Segsworth) says. My job here is done: it’s time for a new person to facilitate the move on to the next level; to take the Township in new directions. We’re facing increasing development pressures, and the Provincial Government is currently a wild card. Much of the prime waterfront and easy development areas are already taken. It’s time for us to decide what sort of future we want, as we update our Official Plan for the coming years.”

He added that he felt the County may have missed an important opportunity to be proactive by deciding recently to remain with the status quo, rather than choosing to examine possible options for re-visioning the Frontenacs.

As for the future, Wayne and his wife Gwen are currently headed off on a meandering trip West, visiting friends and relatives on the way. Later, he looks forward to future community involvement as a volunteer, and to following his enjoyment of drama by working at designing and building stage sets.

“I had assumed we would retire ‘home’ to Fergus, but a couple of years ago, I realized this would not be so. Our home is here, now.’

 

Published in SOUTH FRONTENAC
Wednesday, 31 May 2017 14:08

OMB Hearings in SF

Last week, I spent one and a half days attending an OMB hearing in Sydenham which came down, in the end, to the question of whether or not South Frontenac Township Council has the authority to pass a by-law that could extinguish certain rights of “grandfathered” waterfront properties located within the currently required 30 metre setback from the high water mark.

The event involved a judge, two lawyers, two land use planners, two expert witnesses (re environmental issues), a legal assistant and a modest number of onlookers. There were two enormous tabbed binders full of plans, by-laws, notes and studies for each of the participants, and a variety of large-scale maps and charts. The sessions began at 9:30 and ran until shortly after 6:00 each day.

I took 25 pages of notes. From all this, what can one say?

The experience was, in many ways, fascinating. The speakers were all thoroughly prepared, well spoken and courteous, though sometimes a sharply ironic edge can be conveyed by the two simple words ‘my friend’. I enjoyed watching this real-life process of exploring all the nuances of wording and interpretation that can be read into the laws that both govern and protect citizens in a democracy.

To repeat what I think was said, or to try to explain the proceedings would only be an attempt to guess at the final decision and the rationale behind it. The judge’s closing comment was that “This has turned out to be a more complicated issue than I had anticipated.”

Earlier this month, a much longer, three-way OMB hearing took place in the Township over the issue of a proposed subdivision in Hartington; the developer appealed to the OMB about the County’s slowness in coming to a decision about his proposal, and the Hartington citizens group appealed the subdivision proposal as a third party. Uncertainty about maintaining the hamlet’s quantity and quality of drinking water is one of the residents’ primary issues.

Decisions on both these appeals will take time: the findings are not expected until some time in the fall.

Published in SOUTH FRONTENAC

A year ago, South Frontenac Planner Lindsay Mills proposed some ‘housekeeping’ changes to the Township’s Official Plan, (section 5.10.2). In the course of his presentation, Mills stated that, in his interpretation, the intent of the Township’s Official Plan was to “eventually have all buildings well set back from waterbodies to ensure protection of our lakes.” This was seen as a threat to all nonconforming or ‘grandfathered’ houses or cottages (those currently within the now required 30-metre set-back from the high water line) which might need major structural repairs to remain safe and functional.

“We have so much common ground,” said Jeff Peck, spokesperson for the Sydenham Waterfront Coalition; “we both want to maintain property standards and increase environmental protection. Surely we can arrive at some mutually acceptable way to achieve these goals and still preserve the rights of legal non-conforming structures. We would welcome the opportunity to work with Council to resolve this in a respectful manner, and could withdraw our OMB appeal.”

Briefly, CAO Orr was directed by Council to negotiate a settlement, but when Peck pressed for assurance that Council’s basic intent was to improve property standards and environmental protection, not to remove or push back all legal non-conforming structures, the offer to negotiate was withdrawn, on the grounds that the Township’s lawyer had advised against the Township having any discussion or negotiation of the subject with residents.

Then the OMB hearing, set for February, was set aside until May because the township’s planning department had neglected to send out 30-day notice of the hearing to all who had given written notice of their concern with the issue. This three-month delay has raised the waterfront coalition’s legal costs considerably.

The OMB appeal is now scheduled for May 25/26 at the Township hall, and is open to the public. The Waterfront Coalition has announced a general information meeting for all who are interested, at 10:00 am on Sunday May 21, in the community room of the library in Sydenham.

Published in SOUTH FRONTENAC

Committee of the Whole has been discussing the creation of a new Heritage Committee to advise and assist with matters related to the community’s heritage. Prior to formalizing such a committee, Council has asked Forbes Symon, Manager of Development Services, to arrange for public consultation.

Symon has proposed that a notice be put in the township’s weekly newspaper banner outlining the proposed role and duties of such a committee, and directing residents to the township website where they could indicate whether or not they thought that a Heritage Committee would be a good idea. Results of this survey would then be passed to Council via the Development Services Committee and then Committee of the Whole.

McDougall and Barbeau both suggested that some form of public meeting might draw out broader feedback from the community. Barbeau also asked if a text box for comments might also be added to the simple yes/no question, and CAO Orr suggested a separate open house for further community information and response might be preferable to adding another agenda item to a summer COW meeting, which usually has a full agenda.

Mayor Vandewal said it will also be important to look at whether the community would be in favour of directing some financial resources to such a committee.

CFDC Proposed Project
In the 2017 budget, Council approved a $20,000 grant for the Frontenac CFDC (Community Futures Development Corporation) to undertake an economic development initiative for South Frontenac. It is anticipated that this grant could be leveraged to secure additional funds from other sources. Discussions have focussed on designing a project that would advance South Frontenac’s local food economy. A number of food processors in Southern Frontenac have identified gaps in the infrastructure and services they need to grow their businesses.

The Frontenac CFDC has drawn up a proposal to work with the Township to survey South Frontenac producers and processors for needs and resources, and look at ways connections could be made, and needs addressed.

Councillor Sleeth warned that the focus should be broad enough to include not only organic food producers, but also ‘ordinary farms’. Symon said that the term ‘local’ was very broad, and had many meanings. COW members agreed that this project should be sent on to Council for final approval.

Enforcement of Residential Tenancies Act
As of July 2018, the province’s Ministry of Municipal Affairs and Housing (MMAH) is handing down the enforcement of the Residential Tenancies Act to the local municipalities. Currently, South Frontenac budgets $2,000 to pay the costs of this work by the MMAH, and it’s estimated that this should be sufficient to cover purchasing enforcement services from our present municipal by-law enforcement service providers. The township will review the actual cost of enforcement for 12 months and adjust the annual budget accordingly.

Township Road Closures Due to Flooding: Not!
Mayor Vandewal and several Councillors agreed with Public Works Manager Segsworth’s recent comment that the phones had been “eerily quiet” this past week in regard to flooded roads and washouts. There was general agreement that this was a very positive result of the preventive maintenance that has been carried out in recent years by the Township’s Roads Department.

Committee of the Whole has been discussing
the creation of a new Heritage
Committee to advise and assist with matters
related to the community’s heritage.
Prior to formalizing such a committee,
Council has asked Forbes Symon, Manager
of Development Services, to arrange
for public consultation.
Symon has proposed that a notice be put
in the township’s weekly newspaper banner
outlining the proposed role and duties
of such a committee, and directing residents
to the township website where they
could indicate whether or not they thought
that a Heritage Committee would be a good
idea. Results of this survey would then be
passed to Council via the Development
Services Committee and then Committee
of the Whole.
McDougall and Barbeau both suggested
that some form of public meeting might
draw out broader feedback from the community.
Barbeau also asked if a text box for
comments might also be added to the simple
yes/no question, and CAO Orr suggested
a separate open house for further community
information and response might be
preferable to adding another agenda item
to a summer COW meeting, which usually
has a full agenda.
Mayor Vandewal said it will also be important
to look at whether the community
would be in favour of directing some financial
resources to such a committee.
CFDC Proposed Project
In the 2017 budget, Council approved
a $20,000 grant for the Frontenac CFDC
(Community Futures Development Corporation)
to undertake an economic development
initiative for South Frontenac.
It is anticipated that this grant could be
leveraged to secure additional funds from
other sources. Discussions have focussed
on designing a project that would advance
South Frontenac’s local food economy.
A number of food processors in Southern
Frontenac have identified gaps in the infrastructure
and services they need to grow
their businesses.
The Frontenac CFDC has drawn up a
proposal to work with the Township to survey
South Frontenac producers and processors
for needs and resources, and look
at ways connections could be made, and
needs addressed.
Councillor Sleeth warned that the focus
should be broad enough to include not only
organic food producers, but also ‘ordinary
farms’. Symon said that the term ‘local’ was
very broad, and had many meanings. COW
members agreed that this project should be
sent on to Council for final approval.
Enforcement of Residential Tenancies
Act
As of July 2018, the province’s Ministry
of Municipal Affairs and Housing (MMAH)
is handing down the enforcement of the
Residential Tenancies Act to the local municipalities.
Currently, South Frontenac
budgets $2,000 to pay the costs of this
work by the MMAH, and it’s estimated that
this should be sufficient to cover purchasing
enforcement services from our present
municipal by-law enforcement service providers.
The township will review the actual
cost of enforcement for 12 months and adjust
the annual budget accordingly.
Township Road Closures Due to Flooding:
Not!
Mayor Vandewal and several Councillors
agreed with Public Works Manager Segsworth’s
recent comment that the phones
had been “eerily quiet” this past week in
regard to flooded roads and washouts.
There was general agreement that this
was a very positive result of the preventive
maintenance that has been carried out in
recent years by the Township’s Roads Department.

Published in SOUTH FRONTENAC
Wednesday, 03 May 2017 10:28

Award winner

Just five months into her tenure as Fairmount Home’s permanent Administrator, Lisa Hirvi received the inaugural Donna Rubin Administrator Leadership Program Award at the AdvantAge Ontario annual convention in Toronto on April 21.

Hirvi received the award for earning top marks for her case study during last winter’s AdvantAge Ontario Administrator Leadership Program, which is structured to meet requirements for Long Term Care Home Administrators under the Long Term Care Homes Act, 2007. AdvantAge Ontario has delivered this program successfully for 21 years and boasts more than 1,400 participants.

Hirvi became the permanent Administrator at Fairmount Home in December 2016 after assuming the role of Interim Administrator in January of that same year.

The AdvantAge Ontario Leadership Program Award was established in honour of Donna Rubin, who was the organization’s CEO for more than 26 years. Rubin was a committed, accomplished and inspiring leader and champion of not-for-profit seniors’ care. AdvantAge Ontario represents and supports not-for-profit organizations that play a role in the provision of senior care in Ontario.

Fairmount Home is a not-for-profit long term care home, managed through the Gentlecaretm philosophy by the County of Frontenac and is accredited with Exemplary Standing, Accreditation Canada's highest designation. Fairmount Home was established in 1968 and is home to 128 residents.

Published in FRONTENAC COUNTY

Last week, a settlement was reached through mediation to end a defamation lawsuit that was launched in 2013 by former Frontenac County Warden Janet Gutowski against three former colleagues on County Council; David Jones, Dennis Doyle and John McDougall.

Terms of the agreement have not been released, and according to Gutowski details of the agreement are subject to a confidentiality clause.

“I thought it was over, and while the terms are confidential I can tell you that I was pleased it was settled and we can all move on,” she said when contacted on Tuesday, “but I just read an online article where Dennis Doyle and even John McDougall have made comments about the matter that I wonder about. I’m sending that article to my lawyer to see what he thinks. I think they are skating on thin ice to imply wrongdoing on my part, given the agreement that we reached.”

In the article, which appeared on the Whig Standard website on Tuesday afternoon, Dennis Doyle made comments about one of the underlying legal issues in the case, the idea that statements made by members of municipal councils at meetings should be considered “privileged communication” the way statements made in the federal and provincial legislature are, and thus not subject to defamation laws.

Lawyers representing the three men argued this point in the Ontario Court of Appeal in an attempt to have the law suit squashed, to no avail. An attempt to have the same matter considered by the Supreme Court of Canada was scuttled when the Supreme Court decided not to hear the case.

“We thought we should get the same privilege to speak openly in our council chamber just like they do in the province and federally,” Doyle told the Whig after the settlement, adding “are we not supposed to speak up when we see something is wrong? That’s what we are there for. That’s our job. It would be irresponsible if we felt something was wrong and we just sat there and said nothing.”

It was that final line in particular that led Gutowski to send the article to her lawyer.

In that same Whig article, John McDougall is quoted as saying, “It does seem strange to me that you can’t just speak your mind even when it’s at a time when you are a little more emotionally involved than you might want to be.”

The lawsuit itself was caused by some of the wording in a motion in May of 2013 that was put forward by former Frontenac County Councillor David Jones, which accused then Warden Gutowski of “influence peddling” over some of the negotiations that were taking place at the time between Gutowski and members of council aimed at breaking a deadlock over approving the annual county budget.

While Jones made the written statements in the motion and made other accusations of wrongdoing while speaking in favour of it before it was voted on, Doyle, McDougall and the late Bud Clayton were named in the lawsuit because they voted in favour of the motion, not necessarily for anything they said at the time. Bud Clayton’s name was pulled from the suit when he died in September of 2014.

John McDougall told the News on Tuesday that “in retrospect, if something like that ever happened again, I would probably be more careful about the wording of the motion.”

He was surprised to hear about Gutowski’s reaction to the comments in the Whig, however.

“When the lawyers asked us if we wanted to know the terms of the agreement, we said we did not want to know,  and we don’t know the terms. I’m not sure what this is all about. I do think that at some point the Supreme Court will look at absolute privilege, even if they didn’t in this case,” he said. “Personally I’d like to let this specific matter lie, and not discuss it any more,”

Dennis Doyle also was surprised when told that Gutowski thought his comments to the Whig Standard were problematic.

“Elliot [Whig reporter Elliot Ferguson] asked me some questions about the absolute privilege that provincial and federal politicians enjoy, and I said that we need to be able to speak freely at municipal council as well. Why would people put themselves on the line by running for council if they can get sued just for saying what they think.”

Legal fees for the three men facing the law suit were paid by Frontenac County, with those fees and settlement itself being covered by the county insurance policy, with a $10,000 deductible coming from county funds.

“I chose not to go that route”, Gutowski said. I felt it was a dispute between my colleagues and myself and did not want to involve the ratepayers.”

Published in FRONTENAC COUNTY
Page 1 of 46
With the participation of the Government of Canada