Faced with a $5,000 legal bill from the Township of Ramara, Clementino Ferreira defiantly told council this week: “Under no circumstances will I pay this bill.”
Now he won’t have to.
The matter arose in May 2017, when Ferreira applied to sever his property into four new residential lots and one retained residential lot at 7 Balsam Rd. It would require a new, dead-end municipal road; the proposed road design led to some disagreement.
He wanted a cul-de-sac, but the County of Simcoe wouldn’t allow it due to concerns about waste collection. So, the plan was changed to include a “turning T.” It wasn’t big enough for the county, as it didn’t meet its road specifications. It was then discovered the township and county had different specifications.
The township got behind the applicant and retained a lawyer to fight for the minor variance before the Local Planning Appeal Tribunal (LPAT).
A resolution was reached. However, at Monday’s council meeting, Ferreira argued the final result will not be much different from what he had planned, so he felt he shouldn’t be on the hook for the township’s legal costs, totalling $5,006.30.
Mayor Basil Clarke agreed.
“I have no problem with the township paying the legal bills,” he said.
Coun. Marg Sharpe also supported the move, saying Ferreira was “caught in the middle of differing opinions” between the township and county.
Staff had recommended otherwise.
“In the applications submitted by the owner on May 30, 2017, each application included an acknowledgement signed by the owner, agreeing to pay all advertising costs, consulting fees, i.e. planning, engineering and any legal fees, incurred by the Township of Ramara in connection with the processing of the applications,” planning supervisor Deb McCabe wrote in her report.
“As the acknowledgements were signed in respect to each application, the owner is responsible for incurring the legal costs associated with the LPAT hearing.”
Despite that, council voted unanimously to cover the cost, with one suggesting the county should pay it.
“If they want to pick the tunes, they have to pay the piper,” said Coun. John Appleby.
Council did not vote to forward the bill to the county.
