The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

-w Aeronautics a federal matter... Council Axes Proposed Rural Heliport Bylaw Whitby council's at- tempt to block the con- struction cf a heliport in Ashburn appears te have been thwarted on- ce again. At the advice cf the town's solicitor' David Sims, councîl has withdrawn its plan te pasa a bylaw probibiting beliports in rural areas of themunicipality. The town dees net have the jurisdictien te regulate heliports, ac- cerding te Sims. In a 1952 decision, the Supreme Court cf Canada ruled that aeronautics is an ex- clusively federal mat- ter. The town has made several attempts te prevent the construction cf the heliport, proposed last summner by Ash- burn resident Brent Straughan. .Neigb- boring residents are fiercely opposed te the helipad, and council would like te back tbem up. The Supreme Court ruling suggests, however, that the municipality may not be empowered to regulate helipads. This legal opinion is the latest in a long line of opinions the town has been handed down from various government of- ficiais. Two Transport Canada,, spokeamen, who appeared before council two weeks ago, told the town that the federal minlstry did not have the authority to either grant or refuse Straugban permission to operatebhis heliport. While the ministry issues licenses, the licenses only certify that given safety stan- vol. 15, No. 43, Wednesday, October 23,.1985 28.Pages EZ Seats Still Available For Whitby's Fiddler If you hurry, you can stili pick Up one of the few remaining tickets at Middleton's Stationary on Dundas St. W. for the Whitby Little Theatre's production of the much-Ioved classic Flddler on the Roof, which opens for a fine night run Nov. 7. Veteran actor Gordon Fulton is featured as Tevya, the harrassed hero who has a lot on his hands, in- cluding poverty, pograms, a nagging wife named Golda (played by Carole MacNeil) and a brood of thoroughly modemn daughters. Photo courtesy of Whitby Little Theatre Town passes bail on Red Maple Court The Town cf Whitby is ne longer withhelding building permuita on Red Maple Court. The uner- thodox measure, adop- ted by council a montb ago in an efort te, resolve a dispute but- ween the subdivision develeper and the homeowners, was rescinded last week. While the dispute bas not yet been resolved, council acknowledged asat Tuesday that it did net have the legal autherity te continue withholding permits. Tbe borneowners on the street, wbe petitiened the town to take action on their bubaif bave been ad- vised by ceuncil te "icensuit witb their solicitors sbould they wisb te review their position or intiate any actions (against the developer, Grand Oak Homes). " 1Residenis on the street first apprcacbed council wben they lear- ned that link bouses were te bu built on Red Maple Court. Accerding te tbem, the developer bad assured tbem at the time they purcbased their property that the land was slated for permium bouses, not the lower-priced link bouses now buing built. Fearing that tbe amaller lot-homes weuld resuit in the devaluation cf their preperty and angry that tbey had been "lied te" by the develeper, the residenis demanded that council take action. Wile memburs cf council were aware that their refusaI to issue building permuta might put them "legally in the left field", they went abead witb the action anyWay. After careful review by the town's solicitor, hcwever, tbe town bas been advised tbat it dces net bave the legal rigbt te withheld permuta or refuse te finalize the land transactions it bad agreed te witb tbe developer last summer. Tbe fact tbat the town bad net yet finalized a complicated land tran- saction witb the developer gave the tewn some leverage with the developer, West Ward CONI'D ON PC 2 dards have been met, and do not "grant per- mission," explained Brian Campbell. Since municipalities have jurisd.iction ever land uses, he suggested that the town seek legal ceunsel. This advice angered North Ward councillor Ross Batten. "I don't appreciate being boun- ced back and forth by different officiais fromn a higher level cf gover- nment, " he said. The counillor, wbo represents the residents ini the area in which the heliport la proposed, described Transport Canada's commenta as d"contradictory". "Wbile the feda give us the run-around, local people tbink we're beating ,around the bush," said the exasperated Batten. Whitby's planning director Bob Short waan't sure that Tran- sport Canada's remarks had been contradictory, however, "I den't think you can read tbemn in a parallel way. They were responses te distinct requests made at dif- ferent times. " Whether anyene la being given the runaround or net, there's ne question that the tewn's power te act has been stymied by the confusi-on -surrounding the issue. In lieu of passing a bylaw, the municipality bas now decided te ask Transport Canada te in- vestigate the allegatien that Straughan la using bis helicopter for com- mercial purposes. If be is, and if Transport Canada refuses te issue bim a beliport license, as the town bus requested, it's possible that Straugban could be in contravention cf aeronautica regulàtiens. The regulations stipulate that cemmer- ciaily-run heliports require a lîcense te operate. As Straughan has indlcated he uses bis helicopter to do freelan- ce photography aaaign- ments, bis operation could conceivably be clasalfied by Transport Canada as "commer- cial". Ail commercial heliports do net require a license, however, and even if Straugban's did, Transport Canada bus given ne indication that fît wii refuse te issue Straughan a license if ail cf its safety standar- ds have been met. Another avenue the tewn once considered purauing as a 'way cf blecking the beliport was a municipal bylaw prohibiting commercial use in agriculturaily zened areas. It appeara new, however, that tbe bylaw would bu overruled by Canada's constitution wbich puts aeronautics squarely in tbe feds' domain. Council la clearly disgrunted that it ap- pears te bu powerless when it cernes te heliporta. Witb tbe popularity cf belicop- tera growing, the town is anxieus to secure some cf the federal gover- nment's control fer its own. Memorial Gardens Denies Racism The allegations made by former employee Wayne Offer concerning racist practises at Whitby's Memorial Gardens cemetery are 44scurrilous" says com- pany president Pbilip Wilson.* "There's nothing in tbe policy or practices cf this company that make us racit," Wilson told the Whitby Free Press last week. Offer, a caucasian salesman who was witb the company from Oc- tobur, 1981 te January, 1984, bas alleged te the Ontario Hurnan Rgbis Commission that be was refused promotion and subsequently fired because bis wife is black. "Offer is entitled te bis opinion - however bizarre it might bu," was tbe response cf the company president. "Hardly, anyone leaves a company any more witbout making noises about wrongful dismissal. It's a popular pastime." The Human Righis Commission is net treating the allegatien quite as ligbtly, bowever. It bas condluc- ted a Canada-wide in- vestigation of the cem- pany, interviewing everyone from Offer's co-workers te company executives and former minerity employees. In is initial findings, outlined in a letter sent te Offer last spring, the commission states that while the findings related te Offer's dismissal were unclear, there was indeed evidence te support bis allegation that he was net promoted because bis wife la Jamaican. As the commission's investigation indicates some basis fer Offer's cemplainta, it's likely the commission wil request tbat a Board cf Inquiry bu establisbed. Offer says' he has already received word that an inquiry bas been approved, but a spokesman for tbe Commission would offer ne comfirmatien. Wbile tbe company president says Offer:s accusations "don't make any sense at ail," be admis be's concer- ned about the bad press tbat the accusations bave generated. Tbe company bas retained Toronto lawyer Gavin McKenzie for is defense and bus in- dicated it will fight the charge bufore the Board cf Inquiry if necessary. Offer bas aise laun- cbed an $80,000 civil suit against the Toronto- based firm for wrengful dismissal. A court date bas not yet been set.