Drumm says it isn't right.... Town says it won't refund money paid for sidewalk The Town of Whitby cannot-legally refund money to local property owners who pald for the installation of a sidewalk on Hawkstone Cres., work whicli will now not be done. Town administrator Bill Wallace told coun- cil's operations commit- tee Monday iglit that there is no provision un- der provincial legisiation allowing coundil to refund the money. "The bottom ulne is I cannot find that the municipality has the powe to do so even tliougl it lias decided not to build tlie sidewalk," lihe said. Last December, Don Adair of Powell Rd. came to coundil seeking tliereturn of $960 tliat lie and four of lis neigli- bours paid to tlie town for tlie construction of a sidewalk after tliey ap- plied for tlie severance of tlieir properties. 1After the severance was. granted in 1983, Adair successfully con- vinced council tliat a sidewalk would prove detrimental to lits area because of drainage flows and other problems. Adair told tlie com- mittee that tlie recom- mendation not to refund their money was an un- fair one. "I'm not questioniflg the legality," lie said, "I'm questioning tlie fairness. Is it fair that you keep money for a purpose for wliicl it wasn't intended? " Wallace recommen- ded that if the money wasn't to be used for the construction of sidewalks in tlie area tliat it be used to make other improvernents. Adair was also critical of tlie town solicitor'slegal opinion and said that the coun- cillors liad an obligation to do wliat is riglit, not wliat is necessarily legal. "He's not tlie town, you are the* town," lie said, It's lis opinion as to wliat sliould be done witl tlie money. " However, botli Coun. Joe Bugelli and Mayor Bob Attersley supported Wallace's position saying that whle there may not be a sidewalk in tlie area now, tliat doesn't mean future residents of the area won't want one 5, 10, 20 years from now. Therefore, tliey con- tended, tlie money sliould be invested t*O allow for the future con- struction of the sidewalk. But Adair did have a champion on the com- mittee Coun. Joe ç)~Vol. 15, No. 4 Wednesday, January 23, 1985 24 Pages. Drumm. Drumm told Wallace that "if you take some money for something and the customer isn't satisfied, then we'd bet- ter give the bucks back." 'We took money for something we're not going to do," lie con- tinued addingIII could care less about a legal opinion.,, The councillor noted that council must not only do what's right but must be seen to be doing what's riglit. "We've made a mistake and we'výe compounded that mistake by telling tliém 'we wo't put in your sidewalk but we'll keep your money'," Drumm qid "Let the chips fali Drumm where tliey want, but let's give it back. " He also told his collegues on the com- mittee tliat if lie was in Adair's position "I'd be dancing a jig on somnebody's head." Reg. Coun. Tom Ed- wards gave only guar- ded support to Wallace's recomQiendation. His support, lie said, will only come witli a guarantee tliat the money will be spent to make improvement in Adair's neiglibourhood. Af ter tlie meeting, Adair was not only disappointed but defeated as well. If council votes next week to support Wallace'5 recommendation and not give him lits money back then lie will probably drop this issue. He would like to sue the town but doesln't think he would be suc- cessful. "Mhat can 1 do?" lie said, "You can't fight city hall. I'd like to sue tliem and I would if I thought 1 liad a chance of winning." While lie stili wants council to do what's fair, lie thinks lielias found the root of the problern. "They are afraid to say to me that tlieY've made a mistake." Free Press Staff Photo Lew Anderson Is seen here playing just one of and composer who put the show together wlth the tunes that will be featured ln the Whitby Little Whltby resident George Ludgate. Theatre's production of "Broadway Cornes North" The WLT is using this production as a major whlch will be performed March 29 and 30 at St. fund raising project, the proceeds of whlch willI be George's Ukranian Hall, Oshawa., used to help renovate the theatre in the Whltby Anderson Is a well known New York arranger Centennial Building. "Broadway Cornes North" A little bit of Broad- way's razzle-dazzle will come to this area Mardi 29 and 30 wlien the Whitby Little Theatre Company stages "Broadway Comes Nor- th" at the St. George's St., Oshawa. Members of tlie local press corps where en- tertained witli a couple of selections from the show at a conference lield last Friday at the Kreb's Restaurant in Whitby. Northi" is the creative child of New York arranger and composer Lew Anderson and Whitby resident George Lodgate, wio lias exten- sive experience in producing, directing theatre, television and radio shows in the United States. Anderson was perliaps best known as Clarabeil on the old Howdy Doody Show on NBC Television in the Doreen Smytli described the show "the most diverse under- taking ever by the W.L.T .... a combination CONT'D ON PG. 21 L