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wETrBY FREE PREsà, WEDNESDAY, OCTOBER 31, 1990, PAGE 3 Tailowner, Town ead or court again By Trudie avadovice The Town of Whitby is usinq legal',muscle and taxpayers money to Drive Bell & Bowrnan Taxi out of business. That's what owner Homer Pel- grims thinks about the Town's third effort to take hlm to court on a case they've already lost twice. So far, it has cost Pelgrims close to $8,000 to defen d his right to run his taxi company which has operated in Whitby for 22 years. Pelgrhns' place of business brought about the legal battle. He says he does the majority of his business from 970 Brawley Rd., Ashburn; that he maintains a mailing address of PO Box 424, Whitby O nt., LiN 5S4, and has one person answenng a phone at 315 Dunlop St. E. in Whitby. The Town is challenging Pel- grims' right to have someone answer the phone at 315 Dunlop St. E. According to Pelgrims, under the zoning bylaw (RS) for that address, he can have someone answer the phone there as long as there la no traffic and it is nlot open to the public. The Town disagrees. Peigrinis also says that the Town has refused to issue hum a broker's licence because he has listed the first two addresses as business addresses on the appli- cation form. He alleges the Twn has refused to issue hlm a licence unless he lists the Dunlop St. address as his true business address. The Town lost its case in court in October, 1989, and in March, 1990. Town administrator Bill Wal- lace says the Town lost the first two cases due to "technicalities." "The taxi dispatch centre is in a zone that does not permit operation," says Walilace. «Through technic'alities, the merits of the case were not con- sidered.» On Oct. 9, 1990, Pelgrims was Clheck al Town buildings FR OM PAGE i tend that under Ontario law the munlcipality is not obligated te inspect'other buildings, Wood- ward said this should not inatter. "I think they don't dare leave anything te chance. I think they are dutyî-bound te maie sure the buldings are secure, " said Wood- ward. The asbestes in the Centennial Building was uncovered during a routine inspection recently. The Ontario Ministry of Government gervice had expressed interest in renting spaoe in the Centre St. S build- ing for use as court offices. As part of the leasing rocs the building was inpctdanc1 the asbestes discovered According te, Town staff, the asbestes is located in an area that will not be disturbed by the building's air circulation system. ,'IýBut -once uncovered, asbestes muet be removed undier guide- limes stipulated by the Ontario Ooeupational HearLh and Safety Act. The Act provides that an As3bestes. Management Program, (AMP) be established once ashestos is found in either a public or pivately-owned building., The repairs and removal of the Centennial Buildings' ashestos must be undertaken in accor- dance with the AMIP. The repaira involve hot water pipes where the previous matorial enclosing the asbestos has deteriorated. The majority of repair work is located i the basement and a consulfi firm. hired b the municipality will identify the popr method of correcting the prbm. L»oos aubestos located in a crawlspace off the basement area muet b. removed. Thia work will b. don. when the building is mot inuse. Town administrater Bill Wal- lace said the municipality la car- rying out its responsibilities under the Act. "Our underatanding is that we don't have te proceed further. We teok action once the problein became apparent to us," said Wallace. With* the exception of the municipal headquarters on Rosa- land d. and the operations building on Taunton Rd., ahl Town-owned facilities were built prior te 1974. The Town's contention that it does not need te inspect other buildings je suppo ýbyJamie Henders-on of the Ontario Minis- try of Labor's Occupational Health and Safeéty branch. «It's mot a requirement of the regulations, it doesn't require (the Town) te go out and look for it,» said Henderson. According te Henderson once asbestoa la discovered, the ld- îneowner muet initiate an "The owmer has te mâke an asseasment of the situation, but the mere presence of asbestos in of asbeat;oa ifs left to mre owner how to beat handle it. It could be enclosed, it could be removed, it depends.» Hlenderson said that once asbestos la discovered, however, it muet be monitored on a regu- lar basis for signs of deterlo- ration. Despite Henderson's com- ment, Edwards maintains that the own is obligated to examine ita other facilities. Prom hie reading of the Act and from discussions with other labor ministry officiaIs, Edwards said the municipality muet formn an asbestos management com- mittee with power to inspect other buildings., Edwards said the Act stipu- latea that before any alterations or repaira are made to a build- ing, it muet be determined whether any fibrous material in the structure containa asbestos. «How can you establisih it's there unless you inspect t?" asS Edwards. Although worried about the potential health hazard to employees and the ublic, Edwards is also concerne about the legal ramifications if more asbestoe la found. He pointa out that the Toronto General Hospital was recently fined $37,000 for not adhering to the laws governing asbetos. "The Town can bechargeand found guilty of the sanie type of offence asa ainst the hospital and that'. b e you get into the coat of doing any inspections.» Edwards vowed to continue his fStfor complete inspections of «I wani to know if there's asbestoe in any other building. The employees and users of our facilities need that assurance. Councillor Joe BuRelli does not support a Town-wide inspection. Bugelli, chairman of council's operations committee, termed calîs for such action "over-react- lugeIli s aid if asbestos is foundrin other facilities, the saine procedures involving the Centennial Building will bie fol- lowed. «We will do what the legiala- tion requires,» said Bugelli. «Asbestos îtself le not a health hazard, only when it's loose and in powdered formi that can be inhaled la it a problein.» Bugelli an y further asbestos problems will be corrected and warned 1gainst «flaming the situation lhen there's no emer- gency and an unidentified pro- blem.» Bugelli said that if asbestos was such a pressing problein, the Ontario gverninent îtself would not be eai wth sbestos in its buildings ini the manner it has chosen. Based on hie own "research,» Bugelli said the province esti- mates it will require $300 mil- lion te remove aabestos froin ts buildings, but has only budgetted $3 million per year for the work. «Obviously it's a high priority," said Bugelli. In response te CUPE's letter, Bugr'11 said he hopes the union will make the saine request of other levels.of governmerit and public a.encies. "rd 'H&e te ask CUPE if its letter la directed te not only Whitby council but also the schools, federal governinent Hydro, library boards and churchea?» Bugelli said the saine request could also be made of privately- owned buildings. "Do you get a natural immunity when you walk into a store or restaurant?" hie asked. served with notice he m ust go to court a third time. "They're going for blood now,» says Pelgrims. Týhe statement of dlaim la by the Town of Whitby against Homer, Pe1lims and Pilgrim Transportation Services Ltd. to be heard in the Ontario Court, general division. The Town is seeking an inter- locutory and a permanent inj*unc- tion restraining the defendants from using or permitting the use of 315 Dunlop St. E. as a taxicab dispatch office or any other com- mercial use contrary to the pro-- visions of zoning bylaw No. 2535; as well as a permanent injunc- tion restraining Pilgrim Trans- portation from acting as a taxi- cab broker without the benefit of a municipal business licence. Pelgrims is fed up and just wants to be left alone to run his business. What do you have to do these days?" says Pelgrims. «'They're trying to brxng me to my knees." «They had two chances to see their mistakes and correct them »" says Pelgrims. uThey couldn't prove that there was a comecal business going on. The judge threw it out again.» Besides the court action, Pel- grims aileges that over the past two years h e has been harassed b y untimely spot checks and allegations of complaints of dirty cabs and unkempt and un- hygienic drivers.: Pelgrims says hée has always prided himself on the condition of his cabs and that drivers are professional, 'well-kept and cour- teous. Pegrims was foroed to seek other p remises in January, 1988, after being located for 12 years' on Byron St. He says that he's done every- thing possible to compl1 with Town regulations andpthýat he just wants to be left alone to do. what- he's done for- the past 22 years. ASHLEYHAYES, 7, poses with a scarecrow ini the front yard of the Hayes home. hbmipot Lasco dumnpsite decision delayed FROM PAGE 1 (Leachate is the term given te the effluent produced from rain- water filtening through waste material.) Blank says Lasco' own draft environmental assessment for its proposed berm statea that over- strength leachate may be a per- manent problem. "Amy leachate which la dis- charged inte the sanitary sewer ayatem M* the future muet meet the sewer use guidelines which are enforced by the Région of Durham," states the report. «(However), some leniency may be atpplied for chloride,» it adds. But there la no provision te allow ovrersùtrNh hlorides te be discharged into the sewer tei, according te the Durham ~gon sewer use bylaw, states Blank's submlssion. "There la a linkage between the temporary site and the per- manent -site since they- hold the "Lasco lias released over- strengh leachate te the sewers before and they moat likely will have te do it again, according te their own documen'ittin.» If thia la allowed, "then the sewer use bylaw should be red- rawn te suit Liasco's needs,» says Blank. He also points out that "by albowffig an imdustiy te dictate ita wishea at the expense of the sewer use bylaw," the Region could flnd itself in violation of provincial laws. Blank predicta "it will b. only a matter of time until something will slip through the asystein» and end up in Lake Ontario. Then it will b. the Rbegion, not Lasco, facing chargea under the Environmental Protection Act, he adds. Blank teld The Free Press that if ausco la prmi'tted te, bypase the sewer b elaw, "other coin- panies will s the same» "I thimk this precedent la dazigeroua. Durham Region geta nailed if the 'efflueit'gobà'ihto the lake.- To avoid potential probleins, Blank said Laaco's permanent berm proposal ahould be altered. Instead of a "wet» sterage faci- litywhich he describea asa"«big hoL in the ground,» it should be «drv' storage, said Blank. oa n 'e wet storaje proposi n volves a 1O-ft. deep pît which could harin the water table, said Blank. "But if they went te a dry style there would be no leachate and chloride.» Ironically, the temporary dump is exactly the type of faci- lity (ry), which Lasco should be Proposing, said Blank.- rÎve auggested that mamy times, it seems te faîl on deaf ears.ý Blank aaid that with wet sterage the waste material will "degrade» over time, but under dryconditions it will mot. le findasc'saproposaI this contrary te it atedgoal of eyentually wanting toq recycle the waste. "Latsco l talking about recy- dling in the future. If se, why allow it te degrade? Why not just store it. away until ifs. ready te use?» Although he had not seen Blank's subinission, Deeth said the concerna cited by Blank have been raised ini the past. Deeth pointeci out that next week's meeting deals with the issue on a planning perspective. rather than matters more ,suited to public works. Rie said before an y leachate entera the sewer systein it wil be aubject te the bylaw. "Leachate In an- florin wlh meet the sewer bylaw," aaid Deeth. As for Blank's contention that the permanent berin ahould be altered, Deeth -said that will b., determined b Lasco' consul- tants and the environinental assement hearingal. "We appreciate his commente, we're alwaya open tosuggstons. -We -wouldn't have the PUTwe weren't.» fu