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Council runs out of options Scugog Township council has run out of options in the lengthy battle with Agin- court businessman Carl ¢Rush over the re-zoning of a 10-acre . building lot in .the northwest corner of the Township. The council learned December 5 that the courts had rejected an application to appeal an earlier court decision ordering the Town- ship council to pass the Vol. 113 No. 5 necessary by-law amend- - ment which would clear the way for the 10-acre lot sought by Mr. Rush. 'The council, under new Mayor Jerry Taylor, met for the first regular business meeting on December 11, and after a 60-minute in- camera session with lawyer David Sims, agreed to meet with Mr. Rush at the munici- pal offices in Port Perry on December 18. Mr. Sims outlined the background of the case for the benefit of the three new members of council, and the in-camera session was called to discuss what options, if any, the council now has. While members of council would not go into details about the discussions held in-camera on Monday after- noon, a couple of councillors had indicated before the meeting that they would like 32 Pages Wednesday, December 13, 1978 Report tabled on Queen Street project { A consultants "report tabled at the regular meet- ing of Scugog council Mon- day says the estimated cost of major reconstruction of Queen Street in downtown Port Perry will amount to close to $350,000. Half that amount would be covered. by a direct subsidy from the provincial govern- ment and the rest of the cost would have to be picked up Controversy after Beath breaks tie In an unprecedented move, incumbent chairman Walter Beath last week broke a tie vote in regional council to win a new two- year term to the top political position in Durham Region. --- by the Township. The 16-page report, pre- pared for the Township by the consulting firm of Totten, Sims and Hubicki, suggests a four-year staging of the pro- ject with the major con- struction being done over two years starting in the spring of 1980. _The report covers the sec- tion of Queen Street from Water to Bigelow Streets. Mr. Beath's vote for him- self broke a 15-15 deadlock among the 30 members of Regional council, but defeat- ed challenger Allan Pilkey said immediately that he would ask for a court ruling . Moments after he broke a tie and voted in favour of himself incumbent Regional chairman Walter Beath took the oak of office for a new term from Judge Joseph Kelly while Durham clerk Cec Lundy looks on at right. The controversial procedure which gave Mr. The cost from Water to Lilla Streets would be about $60,000 less. While council spent con- siderable time discussing the report on Monday, no spec- ific action was taken other than to refer it to the Roads committee for further study. However, the possibility of completing the major por- (Turn to page 8) on whether an incumbent chairman is entitled to vote in an election to choose a chairman of the Regional municipality. Mr. Pilkey, visibly disap- pointed at the outcome of the" to know the legal ramifica- tions of not obeying the court order which tells the munici- pality to pass the zoning by-law. Failure to obey a Christmas for kids means Santa Cla court order could result in contempt charges being laid against the members of council and these could carry fines or jail terms. 2 A In addition to meeting with Mr. Rush next Monday, the council on Tuesday in- spected the 10-acre site at (Turn to page 7) us, toys and stuffed animals, but Kristopher, [left] and Matthew Lehman of Uxbridge could not wait until Christmas to give this big dog a loving hug while shopping at Stedmans earlier this week. With Christmas eve less than two weeks away shoppers should take note that there are only nine shopping days left to pick up those last gifts....... and proceeding at the Regional council chambers in Whitby on December 6, made a brief statement after the vote was taken, saying he did not accept the interpretation of the Durham Act which nN rey Beath the chairman's seat over Oshawa councillor Allan Pilkey is being challenged and Premier William Davis has been asked to make a ruling. [See accompanying story for details. ] allowed Mr. Beath to cast the deciding vote. Mr. Pilkey later told re- porters that he would be meeting with his supporters to review the whole matter and decide what specific course of action to take. OUTRAGE While Mr. Pilkey was cautious in his comments after the meeting, one of his collegues on the Oshawa city council, Bruce McArthur, was outraged over the matter, calling it a '"moc- kery and a miscarriage of justice." "Walter Beath has not received one vote at the ballot box in Durham Re- gion," said McArthur, a reference to the fact that the chairman was first appoin- ted to the job by the provin- cial government five years ago, and re-elected by the 30-member council two years ago. The campaign between Mr. Beath and Mr. Pilkey for the $34,500 a year -chair- man's job was vigorously waged with both men active- ly canvassing all members of Durham council in an effort to muster the 16 neces- sary votes. -what could be better than a soft, cuddly stuffed animal. With Mr. Pilkey having a solid core of committed support among his 10 colle- gues from the city of Osh- awa, most observers were saying right up to the time of the open balloting that the vote would be very close. Prior to the voting for chairman, Durham Region clerk Cec Lundy who pre- sided over the initial part of the inaugural meeting, told the council that in the event of a tie, the chairman would be able to cast a ballot. Mr. Lundy said this decision was made a couple of days earlier after consultations with the Durham legal department and opinions from other solicitors with regional municipalities else- where in the province. Mr. Lundy said that Sec- tion 12 sub-section 3 of the Durham Act was interpreted to mean that the chairman would be able to cast a vote _ in the event of a tie in the election of the chairman. That section of the Dur- ham Act says that a majority of council is necessary to pass any resolution or measure, and that the chair- man does not have a vote (Turn to page 2) " ~, bok ~~ -- aa no on DAL pm - md nil WN Wigs I ---- Ma & rt i - ve AR ly ge -. yo ~~ ~~ i ae ~~ wT STS Ce - -- TE Ter vines wh ~ », CSA 5 ey AR Re A er La a PIR pl 8 td A Cu ho Rt ~ ~~ » ae i r FS DEY ot a - > Te"s ig | lw . ~ a EN ois - oy TE CR md RX NEA = > » x - 25 "a 0 1 - (5 280% ST di rs TH? »