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The Citizen, 1986-12-10, Page 1—■MM VOL. 2 NO. 50 Serving Brussels, Blyth, Auburn, Belgrave, Ethel, Londesborough, Walton and surrounding townships. WEDNESDAY, DECEMBER 10, 1986.40 CENTS Brussels Halloween curfew nixed Blocked in an effort to impose a curfew on Halloween night to prevent vandalism, Brussels coun­ cil will ask the Ontario Provincial Police for a meeting to explore other ways of limiting destruction that has plagued the last few Halloweens in the village. Council learned Monday night that it is the legal opinion of the village solicitor that the council’s plan to impose a curfew on Halloween would go against the section of the Charter of Rights that calls for freedom of movement. Relaying the legal opinion, Hugh Hanly, clerk-treasurer said the only way such rules can be applied is if a state of emergency is declared. Reeve Hank Ten Pas stated that he had talked to the police and had been told that it is up to the village’s by-law enforcement offi­ cer to enforce village by-laws unless he needs additional help at which time he can call in police. The police had stated that if people witnessed vandalism they could call the police and charges could be laid but several council­ lors saidthat people were afraid to talk. “They’ll (the vandals) hit their house next time’’, Councillor Neil McDonald said. “That’s left it right back in the same old story,’’ Councillor Gor­ don Workman said. “It’s a big joke’’. Councillor Workman suggested if the Ontario Provincial Police won’t look after the situation perhaps the village should depu­ tize auxiliary police for the night. Councillor McDonald suggested having a meeting with the O.P.P. to see if this was a possibility and to seewhat other courses of action could be undertaken. Council agreed to try to set up a meeting with the O.P.P. in Febru­ ary or March to see how to improve the situation. Brussels Variety robbers remanded Two men and a 16-year-old juvenile appeared in Goderich Court, Monday, facing charges of robbery after being apprehended following a robbery at the Brussels Variety store November 29. Gary Melhuish, 24, of no fixed address, was remanded to January 5 for psychiatric assessment, while Mark Wood, 22, of Seaforth, will appear in Goderich Court again on December 29. Both men are still in custody. No information on the juvenile can be released under the Young Offender’s Act. Jhcmenescapedwith$350in cash from the Brussels store, after holding up the cashier. The money was later recovered by the OPP. One of the best parts in being in a parade is seeing your friends watching, this little girl on a float in the Brussels Santa Claus parade found out Saturday morning. The parade attracted hundreds of people to line main street and children later got a bag of candy from Santa. Santa then rushed over to Blyth for similar duties in the afternoon. Groups warned of liability danger Wingham lawyer Alan Mill has warned community organizations that they should become incorpor­ ated, or face the possibility of a crippling lawsuit from someone injured as a result of a community function. He said that the cost of incorporating could run as high as $1,000, but that the sum “pales in comparison to a lawsuit of $400,000.’’ “You people have survived on a basic quota of incredible luck -- but (a lawsuit) is going to happen,” he warned. “We’re still in the horse and buggy stage around here, but you people are going to have to grow up, you are going to have to get some protection.” Mr. Mill, a lawyer with Craw­ ford, Mill and Davies, was speak­ ing to an audience of more than 50 representatives from a wide range of local committees, boards and organizations at a meeting of the Blyth and District Community Centre Board in Blyth Monday evening. The meeting had been called by the Board to provide information to the public on the legalities and pitfalls connected with running abar licensed under a special permit from the Liquor Licence Board of Ontario (LLBO). A growing number of problems with infractions of the LLBO’s strict code of regulations prompted the meeting, although when Blyth councillor Bill Howson, a member of the Community Centre board, asked if either the LLBO or the Ontario Provincial Police have had any particular complaints against the Blyth facility, Sgt. John McKee of the Wingham detachment of the OPP replied, “It’s no worse than any other (facility) in the area.” “There is no (facility) within 40 milesof here who does not have the same problem,” Mr. Mills said. There was total agreement between Mr. Mills, the police, and LLBO representative Lorna Ran- kinethattheonly way a community organization could have any de­ gree of protection from civil lawsuits involving personal injury is to become incorporated, a “relatively simple” legal process which requires a body to have a minimum of ten directors. But John Elliott, of Elliott Road in wrong place closed An extension of John Street in Brussels, to provide a second outlet to the Brussels, Morris and Grey Community Centre parking lot has been closed and will remain closed until theroad isrebuilt in the proper place. The road, Brussels councillors agreed Monday night, was built too close to the westerly side of the road allowance. Councillor Gordon Workman pointed out that snow cleared off the road on the west side, would be pushed onto the property of neighbouring land­ owners. That may be agreeable to those living there now, he said, but if the land changed hands in the future, it could cause trouble. Reeve Ten Pas said the village shouldn’t accept the street to addition to the village road system Insurance Ltd. of Bly th, warned the assembly that although incor­ poration offered maximum protec­ tion from lawsuits, the procedure was not infallible, and could provide loopholes with which a lawyer might find a possibility to extend a suit to any individuals involved with the incorporated body. “You can rest assured that when an incident occurs where there is a personal injury, the lawyer is going to use the ‘shotgun effect’, and sue everybody (whose) name appears on the (LLBO) permit,” he said. Noting that the application for a LLBO special occasion permit until it is put in the right place. Councillor Workman said that he and councillor Malcolm Jacobs had been right at the scene and warned the contra ctor not to put anymore gravel on the roadway until the problem was corrected. ReeveTenPaswasupsetwith the lack of communications with the Brussels, Morris and Grey Recreation Committee which built the new road. “It’s too bad this wasn’t put on the table,” he said. “How long has this been in the making?” Councillor Workman said he and councillor Jacobs were “damned if we do and damned if we don’t. ’ ’ If they had called a council meeting when they found the road being put in the wrong place they would have been made to look like the bad guys Parade apathy angers council Brussels Village council Mon­ day night approved a $325 grant to the Brussels Santa Claus parade but not before councillors express­ ed their disappointment that there isn’t greater involvement from the business community in supporting the annual parade. Reeve Hank Ten Pas said he had been to a meeting of the parade committee and was shocked to find out that the main street businesses weren’t involved in the parade. “Who are we doing it for?’’ he said, if the businesses aren’t interested in supporting the par­ ade. “Why should the service clubs and the Village do it all?” “I was mad and disappointed” said Councillor Neil McDonald who also attended the meeting, “that there weren’t more people there from the Lions Club and the Legion and the business people. I can see why these people (the parade committee) felt provoked, ’ ’ Councillor McDonald said it was a good parade on Saturday with a lot of floats and a lot of kids who came to town to see it but he felt that if there is to be a parade next year the business people will have to get involved. Council discussed the possibility that expenses for the parade could be cut. Councillor Gordon Work­ man said Brussels gave out “the best bag of candy in 25 miles around” but he had happened to be in Goderich for the parade there and there was no candy given out except that thrown from floats. Councillors were concerned that the timing of the parade (it was 11 a.m. this year) meant people came to Brussels for the parade then left for other communities to see parades and do their shopping. They felt if there is going to be a paradenextyearitshouldbein mid afternoon. The planning this year was due to having the Seaforth District High School Girls Band Continued on page 2 required the signature of an individual representing the organ­ ization applying, rather than sim­ ply the name of the organization, Mr. Millsaidthat“ltistheguy (who signed the permit) that will get sued.” Besides incorporation, it was agreed that the other most valid form of protection against lawsuits is to have a precise hall rental agreement, laying out in clear terms what body is responsible for w hat aspects of the agreement. The meeting also learned that policing a social function was also of vital importance, and that the Continued on page 3 who were interfering, he said. As far as he was concerned, it wasn’t his business anymore (he was former chairman of the recreation committee before resigning this summer.) ReeveTen Pas said it was his business as a councillor and he could have put a stop to the road by asking for a meeting. Councillor Neil McDonald said it was common sense that the roadbuilders should have stopped work when they were told the road was in the wrong place by councillors Workman and Jacobs. “What they’ve got to do now is move it over (to the east).’’ After considerable time spent in recriminations as to whom was to blame for having put the street in Continued on page 2