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Volume 72, Number 1 GST Included $1.00 Wednesday January 7, 2009 Orono Town Hall Serving Kendal, Kirby, Leskard, Newcastle, Newtonville, Orono, Starkville and Tyrone since 1937 Trim unsuccessful in bid for 0 percent tax increase Councillor Charlie Trim's motion to keep this year's property tax increase at zero, did not fly at Monday's General Purpose and Administration Committee meeting. "For 2009, I do not believe this council should come in with any kind of increase," Trim stated. "We pride ourselves for running a wellmanaged ship, now is the time to prove to the public we do." The time has come to draw on the reserve funds that were set aside for a rainy day, according to Trim. Trim's motion was seconded by Regional Councillor Mary Novak, who said it was up to Council to set the pace and direction the municipal budget is going to take. "Now is the time to use taxpayers' money to the best advantage of the taxpayers," she stated in reference to municipal reserve funds. At a day-long budget meeting held last November, Clarington's Director of Finance, Nancy Taylor, presented Councillors with a "snap shot" of the 2009 budget which was up seven percent from the previous year. "Since our meeting in November, I spent a lot of time on what our position should be as a council," Trim stated at Monday's meeting. "Last night I came to the decision, a zero percent increase was the proper way to go for this particular year." Councillor Adrian Foster said that if Council wanted to set a budget target they should have done so at the November Special Budget meeting. Foster said he BUDGET see page 4 Allan Kirby photo Jo-ann Curry and her partner participated in the annual Polar Bear Swim at Bond Head, Newcastle on New Year's Day (story on page 3). Curry is an Australian nurse working at The Hospital for Sick Children in Toronto on a three-month visa. Judge grants class action rights to Port of Newcastle homeowners' group Port of Newcastle homeowners feel they have won round one in launching a class action lawsuit against the Kaitlin Group Ltd., according to the residents' group representative, Ian Montgomery. Class action certification has been granted to the Port of Newcastle residents' group by the Honourable Mr. Justice Perell of the Ontario Superior Court of Justice. In the December 10th hearing before Judge Perell, lawyers representing both the residents' group and The Kaitlin Group Ltd., developer of the Port of Newcastle subdivision, presented arguments to determine whether a class action, rather than individual action, could be put forward. In his decision issued December 15th, Judge Perell stated that with some adjustments and amendments the action should be certified as a class action. The background presented to Judge Perell by legal council for the residents' group, included information that in marketing the subdivision lots for the Port of Newcastle development, The Kaitlin Group Ltd. had an on-site sales office and a variety of marketing that promoted the subdivision as a Golf Course Community with a nine-hole executive golf course within the subdivision. The Kaitlin Group Ltd. has since sold these lands to another developer who has built homes on what was initially earmarked as golf course lands. The class action also alleges that representations were made to purchasers of lots in the Port of Newcastle that they would receive a free lifetime transferable membership to a recreational clubhouse. Members of the class action claim that a monthly membership fee of $20 is being charged for access to the newly opened clubhouse. The residents believe that the value of their homes has been diminished by the lack of a golf course and feel that they should have a part of the profit Kaitlin realized on the sale of the proposed golf course land to Kylemore. There are a couple of small matters to be ironed out before the class action proceeds further, according to Darcy Merkur, lawyer for the residents' group. Following another meeting with the judge, notification will be sent to every applicable homeowner in the Port of Newcastle development. According to Merkur, anyone having property developed by the Kaitlin Group Ltd. within the Port of Newcastle subdivision on or before October 5, 2007, may qualify as class members within the class action. The next step in this procedure will be in front of the courts. Many developers will be watching these proceedings as the final decision could affect how they will do their marketing in the future, according to Merkur. "So far the courts in this instance have shown they are willing to listen to a homeowner when a developer promises one thing and delivers something less," he said. What's Inside see pg. 10