Page 2. Whitby Free Press, Wecfresday, Deoember 8, 1993 (Same sîze pizza, same number of topplngs WHITBY a 1801 DUNDAS ST. En !UDS T F HWEY 576-0-241! * 40 MINUTES ORFREE' vqIICHEESE & PEPPERONI 9! "4ANDA 6PACK-~ 0 F COCA-COLA PCKUP OR DEUVERY *PRESENT TH-IS COUPON TO RECEIVEYOR FESTIVE FEAST. * Additonal toppngs extra. Offer expres Feb. 5/194. Not vlabl ihan te ffer.* By Mike Kowali Filing a "frivolous" objection te a Town council decision could prove te be an expensive proposi- tion in the future. Council's planning and deve- lopment committee recommen- ded Monday that the municipa- lity seek reimibursement of eny costs incurred in fighting «unrea- sonable" Ontario Municipaýl Board (0MB) appeels of its deci- sions. The policy would epply te objections filed by a person, firm ocorration that are deemed to be' inreesonable, frivolous or vexatious" in nature. But the decision te seek costs would enly be pursued if the 0MB itself detormines that appeel was a needless one. the committee recommenda- tien stems from a motion put forward. by councillor J oe Drumm eerlier this year. Drumm lied souglit a uniformi pelicy of seeking costs when people « abuse the system» by needlessly appeelin g council decisions te the 0MB, thereby creating unnecessary expense for the municipelity. With the average hearing cos- ting between $7,000 te $10, 000, Drumm felt texpayers should not have te foot the bill for what the 0MB may ultimately consider a frivolous appeal. However. the option te seek costs would enly a4ply to persons residing more t han 400feet away from the proposed project or development, Drumm suggested. Before making a decisien on Drummn's request, council o pted te have the matter reviewed by staff first. A planning department report prepared for Monday's meeting noted that the 0MB already has the authority te eaward costs if it s0 desires. While they did not obeet te Drumm's proposaI, staff did not support the 400-foot restriction. The report' pointed eut that numerous issues pertaining te a particular development, such as traffic or environmental con- cerns, ceuld affect persons living or doing business well beyond the 400-foot limit. Althougli he agreed with the reasons behind the recommenda- tien, councillor Dennis Fox could net endorse it. He felt thet a citizen's right te challenge a council decision will be4 uthwarted» because some municipal lawyer» deems it te, be frivolous or unreasonable. «I don't think we as a munici- palityr would serve our consti- tuents well by throwing road- blocks in their way,» said Fox. "Especially when they are given those rights by the provin- cial government and especially since the 0MB has the right te Town seeks costs for needless 0 MB hearrngs Fox said council would be un- fairly penalizing the majority of Whitby residents «because of a groupof individuels in the muni- cipelity who o ppose, oppose and oppose (council decisions) et the drop of a ht.» (At one point earlier this year, council learned that a Dunlop Street couple had iled 24 objec- tions te, the 0MB. (If hearings had been ordered into ail 24 eppeels, the potentiel cost te, the Town of defending its decisions could have reaèhed $240,000.) Drumm stressed thet the in- tent of the recommendation wes not te, prevent anyone from exer- cising their rights, but te «protect the interesta of the texpayers et large.» He aiso noted thet any solicitor representing the Town et an 0MB appeal would be acting on instructions from council and not on his or her own. Councillor Don Mitchell lied no difficulty supporting the recom- mendation. "If ever a (0MB) boerd mem- ber decides if li; frivolous or vexatious -- which likely won't ever happon in our lifetime -- I don't want the texpayers te pay a penny for it1» said Miéell. Çemmittee s recommendation will no before council next week. rvisit the festive Santa -oe *BUY 11 /2LBS. WINGS OR MORE* REG. FRIES & CAESAR SALAD I & RECEIVE 1/218. FREE mWITH PURCHASE 0F 2LB. W1NGS !5«71 -9-464 5«71-94654 Not valld ln combination wt n Not valid ln combination wth any I other off er/coupons or c'rnbos. other otterslcoupofls or combos. I-------------------------J------------------------- ALL BRICK! This 3 bedroon backsplt ofers a larg Iit&«e, hazdwood floof. ontral air, 4 applianoes & fened yard backing onte Gmoenbelt. Listed to se#l at $1 24,900. 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