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Court reserves Hydro corridor decision by brie The Ontario Supreme Court will take some time for decision concerning legal Issues brought on by Ontario Hydro con troversial proposed transmission line through Ha lion Hills The threeJudge panel of the Divisional Section of the supreme court reserved dec ision after hearing arguments in Hall In Toronto Monday II lis the Interested Citizens Group ICG and Ontario Hydro were before the court for a Judicial review re garding the Ontario Municipal Board s authority to hear matters in connection with Ontario Hydro The lown and the ICG are challenging tht a right to listen to questions re garding the public utility Ontario Hydro The is not represented at court Ray Steele and Patrick Devinc lawerB representing the town and ICG respec lively and Ontario Hydro John Parkin son all garbed In black used their softest tones to gain the panel car for their argu ments Strictly speaking the judicial review is of January OMB decision opening Hills to the kV corridor The OMB told the town to rewrite its bylaw and fix Its off icial plan to allow the utility to finish the 109mile corridor which huts on either side of the town On a broader scale the judges are having to determine how well three major pieces of Ontario law mesh Which one OMB Act the Planning Act or the Power Cor porations Act has more legal importance than the other However the court may never touch those questions First Mr Justice Donald Steele Mr Justice John Holland and Mr Justice Montgomery must decide if they are even going to consider the major questions though they did hear the arguments In and south Erin Township some towers are erected but there is no power line strung through Hat ton Hills The Hills section the one before the court is about miles long It part of Ontario Hydros scheme to bring power from the Bruce nuclear station 109milea to Milton where It to join an existing east west line and run Into Toronto If the court finds the lacks auth ority to bear cases regarding the pro vincial utility says the ICG then the public will miss a chance to participate in decision making If I may be so bold to suggest the conf lict with the three major pieces of overlapping law we are going through re garding the planning procedures and the hearing has been a charade ICG lawyer told the supreme court Ontario Hydro lawyer Parkinson coun tered by saying if argument is correct there will be no public hearings And that Is not the case be Indicated The thrust of the argument sold Parkinson is that Ontario Hydro is not bound to apply to the because It has exclusive jurisdiction under the to make planning decisions It can therefore ignore a bylaw If that is so there is nothing in the Planning Act or the Act that precludes Ontario Hydro submitting to that jurisdiction Parkinson indicated Ontario Hydro has the right to submit itself to the planning process even when it does not have to do so For example in a straight business decision the public utility may decide to have some property toned properly One of the arguments placed by Hills lawyer Steele is that there is a con flictwhere one law leaves off and another starts between some provincial legislation affecting the corridor Lawyer Steele argued the Planning Act is a general piece of legislation and as such is subject to special pieces of law such as the Power Corporations Act That latter Act be Indicated gives Ontario Hydro the right to build corridors So if the construction of corridors Is the sole matter of Ontario Hydro then it is outside the jurisdiction of the Hydros lawyer on the other hand infor med the threejudge panel Queens Park was thinking of possible conflicts when it was drawing up legislation and that is why its lawmakers said the Planning Act shall prevail even over the Power Corporations Act List to the back-and- forth word play in the green carpeted and painted chamber were about adoxen Ontario Hydro officials sitting behind their lawyer Behind Steele and sat ICG members Retard Gordhouse of Milton and John Schneider of Acton The three hour and twenty minute re view not including the time for lunch attracted a few other Interested lawyers Even after the Supreme Court decision the tussle between the ICG and Ontario Hydro appears to be healthy enough to continue elsewhere The ICG may be helping to package the corridor issue with the larger Ontario Hydro questions nuclear energy plan ning nuclear safety for the next pro vincial election All these questions may again appear at Queen Park In the meantime ICG spokesman John Minns of Glen Williams said that if the group loses at Osgood Hall the still must order Halton Hills to put the re written bylaw and official plan on the books Such an order he said is appeal able to cabinet Also the Ontario Ombudsman is stilt checking the appropriateness of the Niagara Escarpment Commission issuing a development permit to Ontario Hydro for Lots to in II the ICG and Hills win at the Supreme Court said Minns there wont be any transmission towers here and Ontario Hydro will not stand lor that Another orderin council have to be issued or the Conservatives may try to pass a spec ial piece of legislation through the pre vlnciol legislature Minns doubted the success of special legislation because he said the Liberals and New Democratic Party would vote against it The Conservatives rule minority government One Hundred and Fifth YearNo ACTON ONTARIO WEDNESDAY JULY 11 Eighteen PagesTwenty Cents Election to fill council seat Acton residents will go the polls probably at the end of September to elect a municipal councillor to serve the unexpired term of the late in Word One The decision to hold an election was made at a closed meeting following last weeks council meeting The meeting was reopened alter all public and press had gone and the motion to hold the election was passed The successful candidate will serve for a year until the October 1980 municipal elec tion The time required between the passing of a bylaw now being prepared according to the motion passed at the meeting is I mutely days with nominations required within days at the passing of the bylaw Polling day must be within days after nomination Cost of the election 13 estimated at S3 and would use the same list of electors with revisions as used in the last election An election is not mandatory to fill the unexpired term of a councillor appointments are permitted under the Municipal Act In a report from the mayor the options In appointing a councillor snowed one of the candidates for the same spot in the last tion could be appointed council could for interested citizens to submit resumes or a citizen could be appointed who did not seek in the lost election without Using In any of the appointment methods council would make the decision Council was not unanimous in holding the discussion Councillors Horry Serjeantson and but the remainder went along with the mayors claim that personalities were going to be discussed Two confirmed for byelection There will be least two candidates running in the municipal byelections in September vieing for the seat left vacant after the recent death of Councillor Les Dave Whiting and Terry Grubbe have both confirmed their candidacy for the seat while Roy Goodwin Is another possible for the September vote Mr Whiting said that he will spend more money on his campaign this time around and take a harder run In the election of November of Mr two council seats behind Mr Ross Knetchel Terry Grubbe the only other declared can said that she has served Acton for three years and Is now ready to work at a new level for ber community Mrs Grubbe is currently bead of the Acton Community Services Centre Mr McKenzie stated in a telephone Interview that he was not interested in running In the by election There has been so much happening since the last election said the former regional councillor I am enjoying retirement said McKenzie There are younger people to carry the load He went down to defeat in the last election by about four votes Roy Goodwin is a possible for the byelection seat but will wait and see what develops before declaring Mr Goodwin is strongly opposed to the byelection feeling that If council has the power to appoint they should and save the cost of the election Mr Goodwin ran unsuccessfully for the regional seat in the November election second to winner Ed Wood Another name mentioned as an candidate was that of former Progressive Con candidate Gary Mr stated he won consider running at this time because of other commitments he must finish first Mr Dawklns did however confirm he has thought about running at some time Polling date on Jewish Holy Day A tentative date for the byelection to fill the Acton council seat made vacant by the death of the late Les falls on October which Is the Jewish Klppur and the proposed advance polling date would then fall on the Jewish New Year Nomination dates would start September 10 The dates not yet set by bylaw were suggested by Clerk Administrator Ken Richardson at the close of Monday nights council meeting but the Jewish high holidays were not noted at that time No comment was made by councillors who seemed to be unaware of the Jewish religious holidays Teenage cyclist killed A yearold man is charged with impaired driving following a collision that took the life of a old cyclist Thursday Dead Is Timothy John son of Concession l Nas sagaweya According to Regional Police the youth was riding his bike home at approximately 10pm on First Line near 17 Sideroad when the ac cident occurred Police said a half ton pickup truck driven by the man was southbound on First Line and the driver foiled to see the cyclist also travelling southbound as the truck passed over the crest of a hill Police said the youth was in the at the time of the accident The truck hit the teen Three from Canoe Ontario were at Prospect Park last Wednesday afternoon and evening demonstrations on different canoeing and paddling techniques Seen here trio was patting a small sUt on boating safety Sheena km played the part of Perfect In be skit and leua her canoe mate Lynn abort and canoeing MoreofthePaddfecadeonpageBl Special meeting Representatives from the Acton and the Chamber of Commerce meet tonight Wednesday with Staff Sergeant John Barratt of Halton Regional Police to discuss local problems The meeting will give the and the Chamber members chances to discuss the problems of people loitering In shopping district of town and the gen era policing of the area Grant licence for pool hall Hills council approved a for a pool hall operated by David Black at Main Street Worth Acton at their meeting this week Clerk Administrator Ken Richardson pointed Hydro commissioners may face ward municipal elections in 80 Date for appointments to a temporary joint ActooEsquesingCeorgetown hydro com mission has yet to be set but Kills Mayor Peter Pomeroy hopes to beat the dead line The temporary hydroelectric commission must start no later than April ac cording to recently passed provincial law I expect the first commission to start operating soon Mayor said in a t Interview Friday The fiveman temporary body will keep local hydroelectric matters under control until the next municipal elections in the fall of 1M0 The first Hills HydroElectric Com mission will be fonned then by appoint merit by ward election or by election across Halton Hills Mayor indicated there is a good chance for new members to that fiveman commission to be elected by ward George town commissioner Bill Smith said council lors be has spoken to concerning the per manent body also they are in favor of election by ward New provincial law calls for election across the municipality but it also allows for the town to pass a bylaw reducing be election area to wards A provision or by municipal council was also included The ward question was one which local commissioners tried to press on the people Credibility barb in rate vote Mayor Pete accused Councillors at this time when back in Marilyn and front of the press and Harry Levy of lack of public the vote is credibility when in the changed It reflects on final passing of the SO per your credibility cent increase in ice rental rates they opposed ljfvy reminded oil the move councillors the mayor was in a posiUon to bring recommendations to the felt the hike was too mucn not but only to open council He said he had The mayor said the a lot of thinking night the Increase was Councillor Ed Wood passed it went through bedded it was better split explained the equipment without a dissenting vote equally over two years there and the pool hall He recalled there had had already Is ready to open He said been two closed sessions ih be this pool will offer an with arena users but Ser- bue next year alternative spot in town chose not to Levy claimed some members of council had not looked into the affect of families with several children object to the mayors reference to credibility if that is so he must be included Councillor Roy Boom claimed matters dis cussed in camera are out all clearances have been received from the various authorities throwing him to the west side or the roadway First people at the scene included the boy mother Mrs Paul Johnson of Mrs Johnson Is a registered nurse at Milton District Hospital with a neighbor she ad ministered first old to her Police said the was taken General Hospital and later transferred to Hamilton General He died of a ruptured spleen and liver on the way to the Hamilton hos pital was the son of Mr and Mrs Paul Johnson of Moffat He is survived by sisters Mrs Brian Linda Dunlin of and Judy John son at home No arena takeover drawing up the bill However It was not In cluded Mayor said Smith and Acton HydroElectric Commissia have said they favor election by wards be tame as ward elections to be set to motion Halton Hula council mart pan a bylaw spelling that out prior to next Day council wants to appoint commissi Continued on Page 5 operation of Acton arena was rejected by Hills council claiming any report by the clerk administrator would be a waste of time At the previous meet Bruce said he represented a group of people willing to pay for the use of the arena and take over full including salaries wages port time help the confectionery booth ice rates and scheduling He said his group is ling to absorb any deficit at the end of the year His suggestion was prompted by the 30 per cent increase in Ice rental rates and a reported deficit on the Acton arena last year The mayor said it was a waste of time to have a report when the suggestion would only be turned down He said there is no way a public facility would be turned over to private enter prise He said there would be legal liabilities and raised the question of the future if the people went bankrupt Councillor George Maltby argued the report would only sec if it is possible as the Acton residents requested Councillor Walter Biehn agreed it would be a waste of time If we were considering dis banding the whole recreation department maybe it would make sense but with the present set up the town is geared to administer the arena Councillor Pat Palter son claimed the pro ponents of the plan are astute businessmen who probably could run it more Councillor Harry Levy ell the report should be pursued but only to find out till is possible Hit isn I it s a waste of time to any further The mayor argued that the same thing is being done at Glen ballpark He suggested it is up to Car Kill to come up with a proposal rather than have the town staff do the work He pointed out If anyone feels the department is not doing the job the respon sibility rests with council itself Councillor Booth said the report is not needed claiming it is up to council to decide whether they want to do it Councillor Miller contended it might be worthwhile to find out If the arena could be operated more ically and pointed out the Glen ball park as an example of a smoothly working organization repeated his statement of a waste of time and said council is tied to union staff and recreation department He claimed such a move would undermine the whole system Levy termed the comp arison with the Glen park apples and oranges The mayor pointed out anyone can look at public accounts and if they want to make a proposal they can but he did not favor the staff spending lime on it Councillor Mike Arm strong commented I d ask how much money they had and If enough sell it to them then it can be run privately reminded council the arena Georgetown was privately owned in 1MZ and 1W3 and the owners losttheir shirt with the town left to take it over The suggestion of a report from the was deleted from the minutes