SOMETHING TO THINK ABOUT AND YOU DECIDE

December 18, 2010 (WITH OUT PREJUDICE )

Municipality of North Perth
330 Wallace Ave. N.,
Listowel, ON N4W 1L3
Attention: . Mayor & Council
Dear Mayor & Council:
Re: Improper Conduct of Municipal Staff
Bylaw Enforcement Violations

I would request this matter be dealt with immediately at the December 20, 2010 council meeting in open session as new business.

I am in the unfortunate position of having to inform Council of deceitful conduct of staff regarding the passing of Bylaw 89-2010. I am also informing Council that this matter specifically involves Councillor Paul Horn and his disregard for the Municipal Act, the Planning Act and local bylaws.

For those who are not aware, I appealed the above said bylaw to the Ontario Municipal Board. (OMB) Mr. Horn using the services of the municipal solicitor and paid for by the municipality brought a motion to dismiss my appeal. That motion was granted however, I have since appealed that decision to Division Court and to the OMB. My appeal of this zoning application are far from frivolous nor vexatious and the details of my concerns have been filed with the municipality and the OMB.

This issue started when Bylaw 89-2010 was presented to Council at the July 26 2010 council meeting. At this meeting the Clerk and the Mayor illegally signed the bylaw as if it was passed. Ms Berfelz and Mr. Hollinger’s signatures were affixed to the bylaw itself despite the fact the bylaw could not be deemed as officially passed until the appeal period had passed or an appeal was dealt with through the OMB or the courts.

It is asserted that the Clerk and Mr. Hollinger deceitfully signed Bylaw 89-2010 as if it was officially passed. Councillor Horn in a continuing act of deceit delivered this bylaw to the Ontario Motor Vehicle Inspection Corporation (OMVIC) as evidence that the municipality had officially approved his zoning application in order to obtain his “dealer licence” concealing the fact that there was an outstanding appeal.

In addition to the above, our CAO Mr. Snell has alleged that the OMB provided the advice that the municipality did not have to close Mr.Horn . In telephone conversation with OMB legal counsel Stan Floras he asserted that;

a) The OMB does not provide advice to anyone outside of their organization, and;

b) The advice alleged to be given was false as the bylaw should not have been signed or released until the appeal period was over or the appeal had been defeated or abandoned.

To make matters worse, municipality staff has ignored my complaints regarding their actions and the fact Mr. Horn had opened his used car business illegally. I have demanded that they have this operation closed but to date are ignoring my complain and the obvious gross bylaw infraction. It is asserted that by this abdication of duty or refusal to address the bylaw infraction, staff is effectively party to this gross breach of laws and conduct.

I would draw your attention to Sections 123 and 380 the Criminal Code that states;

MUNICIPAL CORRUPTION

123. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

(a) to abstain from voting at a meeting of the municipal council or a committee of the council;

(b) to vote in favour of or against a measure, motion or resolution;

(c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or

(d) to perform or fail to perform an official act.

Influencing municipal official

(2) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by

a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;

b) threats or deceit; or

c) any unlawful means.
FRAUD
380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction, where the value of the subject-matter of the offence does not exceed five thousand dollars.As you can see the conduct of staff members Kris Snell and Pat Berfelz is indeed serious as is the conduct of Councillor Paul Horn who should be leading by example instead of exception. Not only are these individuals in serious violation of the legislation it is asserted that they are collectively in violation of the criminal code.

I would also draw to your attention the fact that the municipality paid for Mr. Horn’s legal costs through the use of municipal legal counsel Mr. O’Melia. I have made several efforts to determine if Mr. Horn has at least paid the municipality back for these legal costs however, I have been denied information from Mr. Snell and Ms Hale.

I am therefore requesting of council as follows;

1. The formal correction of Bylaw 89-2010 as NOT PASSED removing the signatures from the bylaw.

2. Formally informing OMVIC that the zoning on the Horn property has not been approved.

3. An investigation into Councillor Horn’s debt to the municipality regarding legal expenses and possible fraud charges related to his misappropriation of municipal funds.

4. An order and direction to staff to close the operation of Councillor Horn until such time as the appeal has been dealt with fully and completely

5. The termination of staff as identified with cause for their improper and illegal conduct related to this matter.

6. A demand for the resignation of Mr. Horn for his improper conduct related to the use of municipal resources (money and lawyer).

This is a very serious matter that questions to the core the integrity of the municipal offices and puts a dark mark on this new councils term of office by the conduct of one its own, Councillor Horn. It was apparent that the election mandate of this council was “time for change” and this issue is the first opportunity to draw a line in the sand and make stand for good governance, honesty and integrity.
Ron Scott