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Penetanguishene Citizen (1975-1988), 10 Aug 1977, p. 2

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Roland Duval, 13, of 45 Burke Street in this mouth bass in Penetanguishene Bay near Baymoorings Cruising Club at about 3:30 last Monday afternoon. He Penetanguishene, caught He may have a winner Derby. The bass weighs three pounds 15 ounces, and it measures 18% inches long, and 131% inches around the girth. He said he hopes he'll at least win a badge in the contest large plans to enter the fish in the Molson Area board considers minor changes Staff photo Swearing nets Port McNicoll man 18 months probation A 27-year-old Orillia man got off with fines in Provincial Court in Penetanguishene last Thursday, after he was convicted on charges of driving while suspended, and failing to appear in court, Gerald Marion pleaded guilty to the charge of driving while suspended, but was found guilty after a short trial, on the other charge. sent in a cheque to the government to get a new one. His check was cashed, and, although he never got his new licence, he assumed his licence had been reinstated. He admitted, though, that he knew at the time of the offense it was still under suspension. Marion pleaded not guilty to the charge of failing to appear, laid on his scheduled court ap- pearance date, Sep- In provincial court The driving while suspended charge was laid on August 2 of last year, when an Ontario Provincial Police con- stable stopped Marion on Highway 27 at 2:15 a.m The constable had been following Marion and was trying to pull him over to give him a warning about an obstructed' rear licence plate. Marion pulled into a parking lot, where the officer checked out his licence, and found it had been suspended in September of 1975, for the non-payment of a fine. Marion's attorney told the court Marion had had problems' with the government leading up to the offence. He said there was another Gerald Marion in Toronto, whose birthday occurred the day before Marion's and the province often got the two mixed up. He said Marion knew his licence had been suspended, but when his licence was to have ex- pited on his birthday, he tember 9, 1976, when he did not show up. His attorney admitted he was not in court, and that he was properly served with notice to attend, but contended that the failure to attend had been an _ honest mistake. Marion took the stand, and testified that he had known about the ap- pearance date, but had forgotten about it. He said he had heard there were jobs available with Canada Packers in Leth- bridge, Alberta and hitched a ride out west with a Canada Packers truck driver. He returned to Ontario when he failed to get the job, and didn't find out about the outstanding bench warrant for his arrest until he applied for another job in Orillia. He testified that he had to get an abstract from the police in order to get the _ job, so the employer would know whether he Public approves shoreline policy Public support for the Tiny-Tay Planning Board's new shoreline policy would indicate the board is "on the right track" with its priorities for the 101 miles of shoreline within its boundaries Tiny and Tay Township residents who recently turned out for public meetings held by the board to explain its new shoreline policy generally approved of the board's orientations That approval will likely mean the board will not make any major changes to its policy which, once accepted by the TTPPB at its Sep- tember meeting, will become a part of the board's official plan. "This (the residents' approval) is what really surprised us," said Bill Northcott, chairman of the shoreline policy committee. "We had expected some opposition to concentrating people in certain areas, but so far we haven't heard any complaints." The policy recommends steering permanent area residents into shoreline hamlet areas and urban centres rather than allowing the shoreline to develop into a 101 mile long 'city'. To accomplish this, municipal services would not be extended to non-development areas. The policy also Suggests tourists would be encouraged to use specific public beaches such as Awenda, Balm Beach and Ste Marie park while other recreation areas would be less ac- cessible and have smaller parking lots and be 'reserved' for use of local residents. It was the exact location of these beaches and the «possibility of expropriation of private land for public use which were among the prevalent concerns of Tiny and Tay ratepayers. The approximately 50 Tay residents who turned out at last Thursday's meeting to hear the board's shoreline policy presentation asked for details of public access areas but no answers were forth coming Specific details such as these would have to come from individual municipalities, Mike Ufford, area board coordinator said after the meeting Adverse effects of Marsh area Concern was_ also voiced about the negative effects of protecting waterfowl and wildlife in environmentally unstable areas as Matchedash Bay Protect Bay areas Ron Jones, a Tay Township farmer, asked board members if their environmental planning was being done in isolation from en- vironmental planning and Studies. "No mention," he pointed out in a recent interview, 'was made in the shoreline committee CLEARANCE at Central Sports and Marine Ltd. See back page of this week's edition of the COMICS , Wednesday, August 10, 1977 \ report of the adverse effects of marsh development ( in its natural state)." According to Jones, birds inhabiting marsh areas as Matchedash Bay and migrating birds feed on adjacent crop land, the results being a_ sub- stantial' economic loss to area farmers. It was, Ufford later said, a point the board had not previously considered Among the recom- mendations Jones will make to the TTPPB's economic committee next Monday evening is the suggestion that a policy of bird population management be adopted where areas are designated = environme- ntal protection. Jones would also like to see some method of com- pensating farmers for crop losses "The most drastic proposal, I guess would be to drain marsh areas completely, crop them and eliminate potential bird staging areas," Jones said. A contradictory case was made for protecting Sturgeon Bay from further industrial and residential development. Murray Rowan, an en- vironmental consultant, pointed out that the bay, as well as Matchedash Bay, was Shallow and a major spawning / wildlife habitat area. According to Rowan, if there is too much of a_ population increase in shallow bay areas, the bays would be unable to handle the pollution impact and the ecological balance would be damaged. Area board members pointed out that the TTPPB shoreline policy calls for water quality monitoring in the entire shoreline area and the municipalities would be aware of the effects of urbanization as population increases. If there is an indication of a population overload, a freeze could be put on further development, Ufford explained. A few cottagers again brought up the point of abandoning the shoreline Canadian National rail line in favour of the inland Canadian Pacific route. The right-of-way could be used for trails and nature study, they suggested. The Tay _ residents' Suggestions however will likely amount to nought as CP has received permission to abandon its line and all area board appeals have been in vain. FIRST AID TIP (Gsood Music a au ~All The Time had a record. It was only when he went to the police station that he discovered he had forgotten to attend court in September. His attorney told the court the mistake had been an honest one and that Marion should not be found guilty. The crown attorney countered that an honest mistake of fact was indeed a defense, but he contended that forgetfulness was not a mistake of fact, since Marion admitted he had at one time known the correct date for the court appearance. Provincial Judge Len Montgomery agreed with the crown, and found Marion guilty as charged. The judge then told Marion he hoped he had been telling the truth, because he was going to take the mitigating cir- cumstances into con- sideration with regard to the sentence. He ordered Marion to pay a fine of $200 or spend 30 days in jail on the charge of driving suspended, and $150 or 30 days on the charge of failing to ap- pear. Causing a disturbance Causing a disturbance in a public place by shouting and swearing led to a lengthy term of probation for a 58-year- old Port MeNicoll man in provincial court Thur- sday. Robert White pleaded guilty to the charge, laid on June 20. The court was told an officer had been ap- proached on that day at about 5:15 p.m., by a person complaining about a disturbance in the next apartment. As they were talking, White emerged from the apartment building, shouting and Swearing, partly at the neighbour. The charge was then laid. His attorney told the court White had been drinking heavily at the time of the incident, and couldn't completely recall what had taken place. He said White had a drinking problem, and that particular neighbour had had problems with him in the past. He said White had appeared in court before, and on some occasions had been fined, which had no effect on him. He went on to say White had been put on probation once, and had responded well to it. He suggested that perhaps probation would be the correct disposition of the case this time. The judge warned White that if he con- tinued to be a problem, he would be dealt with more harshly in the future. "I'm going to send you to jail one of these times," he said. He then put White on probation for 18 months, and ordered him to take what ever treatment the probation officer should deem necessary for his problem. Excess alcohol Twenty days in jail was the sentence handed down to a 43-year-old Midland man convicted in provincial court Thur- sday of excess alcohol. Michael Kurly was charged on July 21, when police found his car in a ditch on the 'Drive-in Sideroad" at about 1:20 a.m. The court was told Kurly was in the driver's seat, and admitted he had been driving the vehicle when it went into the ditch. The officer noticed signs of impairment, and ordered Kurly to ac- company him back to the station for a breathalyzer test. The result was a reading of.220. The crown attorney told the court Kurly had a previous conviction for impaired driving earlier this year, and asked that the judge consider an increased penalty. The defending attorney told the court Kurly had been celebrating earlier that evening with some friends from Hungary, and they had been drinking a_ particularly strong Hungarian beverage. The judge ordered the 20 day jail sentence, then told Kurly he could serve the sentence on weekends. He warned Kurly that if there was a third offence, he could be sent to jail for two years. Refuse breath demand A 31-year-old Penetanguishene man pleaded guilty in provincial court Thur- sday to a charge of refusing to take a breathalyzer test. Ronald Allan was charged on March 5, after he was arrested for im- paired driving on High- way 69 near Port Severn. The court was told police had found his car in a snow bank, with him behind the wheel. He showed signs of im- pairment, and was charged with impaired driving at the scene. Back at the detachment, he refused to perform any physical tests, or to blow into the breathalyzer. The crown attorney told the court Allan had been convicted in Toronto last Tuesday of impaired driving and refusing to provide a sample, and suggested that the case should be adjourned until it could be determined if that offense occurred before or after the in- cident near Port Severn, since that would have an effect on the sentence. The judge agreed, and put Allan over to August 18 for sentencing. Driving while suspended A 23-year-old Perkinsfield man was provincial court last Thursday, after he pleaded guilty to a charge of driving while his licence was suspended. Basil Beauchamp was charged on August 1, after an officer spotted him driving west on Concession 13 of Tiny Township, and had reason to believe his licence was suspended. A_ check revealed it had indeed been suspended on May 5, for non-payment of fines. 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