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Whitby Free Press, 30 Nov 1994, p. 34

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Page 34, Whitby Free Press, Wednesday, November 30, 1994 SLM makes public appeal for funds By Mike Kowalski A local citizens' organization is seeking the public's help in its fight against the proposed Lynde Shores development. The Save Lynde Marsh (SLM) committee has embarked on a fundraising appeal to cover its costs of an anticipated Ontario Municipal Board (OMB) hearing into the controversial project. Money is also needed to fund the group's campaign to convince the federal and provincial governments to create a.2,000- acre nature sanctuary in the Lynde Creek Marsh area. "I hate to put a figure on it, but it will be mn the thousands of dollars," said SLM official Johanna Tito of the potential cost of the 0MB appeal. «We want to build up a strong case at the OMB and to do that we need money» for lawyers, biologists and other witnesses, Tito explained. Although SLM hopes "to get reduced rates" or even some free legal and scientific advice, Tito estimated the cost of a bearing to be $3,000 at the "very mini- mum. SLM has objected to Town council's approval of the Lynde Shores residential community and a nearby industrial park. Plans call for a mixed-density housing development of 5,000 people and prestige industrial uses on 420 acres of land east of the class one wetland in south- west Whitby. The three principals behind the project are the province, through the Ontario Realty Corp., Durham Region and the Rose Corporation. While SLM's most urgent need is money for the OMB appeal the group also requires funding if it is to continue lobbying for its envisioned nature sanctuary, Tito said. The sanctuary would be ar ecological and archaeological heritage park running from the Ajax-Whitby boundary in the west to Whitby General Hospita in the east. It would include a 20-year reforestation plan, boardwalks trails and a nature centre to house local archaeological exhi bits. Tito said Whitby residents ar< rallying to the cause. For example students a Henry Street Iligh School ar selling T-shirts and Christma FRE 1-LCoeO . . BOTH FREE : • IF YOU PICK UP ORDER (7 T MA 0M) FREE SHOP AT HOME i a oinsettias to raise money for LM. "We had a display in the Whitby Mall and some students picked up our material...it grab- bed them,"said Tito. Although SLM members may have visions of an enhanced wil- derness setting at the marsh, the fact remains that the area closest to the wetland is in private hands. Rose Corp. willing to abandon its partof the project Rose Corporation's proposal e calls for a predominantly low- s density 560-unit subdivision east of the marsh, south of Victoria Street and west of Jeffrey Street. (The province hopes to build a 1,255-unit, mixed-density sub- division south of Victoria and east of Jeffrey. (Durham Region will build the 185-acre industrial park north of Victoria, between Jeffrey and Gordon streets.) However, during a recent meeting of SLM and Rose Cor- poration officials, the company mndicated its willingness to aban- don its portion of the project. The firm's asking price was $12 million for its 146-acre hold- ings or land of equal value else- where. SLM would also receive $100,000 for the establishment of an environmental trust fund. In return, SLM had to drop its OMB appeal and then convince the province to either buy the property or swap comparable and with Rose within an eight- to 12-month deadline. "We unanimously felt we couldn't accept that," said Tito. "The OMB is the only legal way to protect the marsh. If we couldn't find a buyer in time, all would be lost." Rose Corporation spokesperson Ken Ferguson confirmed details of the proposal put forward to SLM. The only outside party at the meeting was an official of the Waterfront Regeneration Trust, the provincial agency headed by David Crombie. "It was agreed that the meet- ing would be off the record and it was also our conern that any- thing coming out of it would be misinterpreted," said Ferguson. "That's why we asked for a representative from the Water- front Trust." Ferguson said his firm asked for the meeting with SLM in order to determine its exact posi- tion on the marsh. "We tried to understand what the concerns of Save Lynde Marsh are," he said. "Whether there should be no residential and that it must all be a wildlife sanctuary or if there can be some development.» If SLM insiste on a sanctuary only and no development, then it will not be successful, Ferguson claimed. "Our position.is the OMB can- not designate land use,"he said. "If they really want it to be a sanctuary, they can't get it through the 0MB." Therefore, the company was willing to give SLM time to pursue its sanctuary proposai, Ferguson said. We said that if they can get the government to compensate us, we wouldn't stand in their way,» he said. "But if the government was not willing, then we should be able to proceed. "It was our way of saying that if theres a political will and the money to do it, this will allow them time. But don't take it to the board." The eight- to 12-month dead- line is the earliest Rose can commence construction should the OMB appeal be withdrawn, Ferguson a ded. Tito said SLM will continue lobbying for a land swap and sanctuary, even as it prepares for the OMB hearing. In fact, Premier Rae was drawn into the fray last week when SLM members attended a meeting in Toronto dealing with the extension of the Lake Ontario waterfront walking trail. Originally planned to run from the ent, River to Burlington Bay, the 275-kilometre trail will now be extended through-Hamil- ton to the Niagara area:, Rae announced. During the meeting, Rae was given a letter from SLM, member Tom Moore said. The letter outlined the sanctu- ary proposal, but it also asked Rae why provincial facilitator Dale Martin had not yet respon- ded to the group's earlier requests for a meeting. 'We're asking him to intervene and direct Dale Martin to in- itiate a round table discussion," said Moore. Such a meeting would involve the provincial and federal governments, Durham Region, Town of Whitby, Rose Cor- poration, Central Lake Ontario Conservation Authority, Water- front Trust and SLM, Moore said. Although he did not hear it firsthand, Moore said Rae told an SLM member this was his first knowledge of the Lynde marsh issue. Moore finds that difficult to believe since another SLM mem- ber received a letter from Rae on the same matter after having written the premier on an earlier occasion. "If he's being honest about it, then someone's not advising him properly,» said Moore. Press secretary Peter Mosher told The Free Press that Rae will be replying to SLM's letter "before very long". Martin, whose duties include trying to resolve disputes to avoicthe need for an OMB hear- ing, was not available for com- ment. Meanwhile, Durham Centre MPP Drummond White intends to raise the issue in the Ontario legi slature. But White does not know what form his question will take or to which minister he will direct it until he consults with the SIg4 greup. It s still in the process. I'm working with them and I'm wil- ling to speak on this for them," he explained. However, White was quick to stress that he has not shifted his position on the proposed develop- ment. "I never said I was in agree- ment with anything,"he said. "There are several different proposals here, part of the EMP (environmentai management plan) includes a trail. "I don't know if I've heard anyone say they're opposed to that." (The EMP was based on a 200-page consultant's report which assessed the impact of development on the marsh and outlined measures to lessen its effects. (Approved b Town council in 1991, the EM allowed former Ontario environment minister Ruth Grier to exempt the project from an environmental assess- ment, despite receiving a 4,500- name petition demanding one.) "The other thing is the sanctu- ary. Do you want all the lands around the hospital?" asked White. "The Town of Whitby would like a medical research facility there," he said in reference to council's support of a proposed use for surplus lands near the psychiatric and general hospi- tais. "I'm not sure to what extent you can say no development." White said the Lynde Shores proposal includes three different components, all to be built at various distances from the marsh. "I'm not in 100 per cent agre- ment with the group, but I understand their concerns," he said. "I agree with preservation of the wetlands, but as for develop- ment a kilometre away, I don't know if I see that as a threat.» Bus drivers set strike deadline FROM PAGE I the contract talks. "As the Town monitored these negotiations we were hopeful that a collective agreement would be reached between the parties," stated Edwards. "However, as of the period ending Monday morning, it appears that negotiations for an agreement have reached an im- passe,"he said. "As mayor, I have been brought up to date on the nego- tiations and urge the parties to continue their discussions to finalize an agreement." Edwards said "all" Whitby Transit services will cease unless an agreement is reached by mid- Ç;deelyreet the incon- venience tls w i1cause to per- sons using the transit system," he added. Although The Froc Procs was told the Town could hire another firm to provide bus service in the event of a strike, councillor Judi Longfield doubted that this would obepermitted under Ontario labour law. It is Longfield's "understand- ing" that even though Trentway is the employer of record, provin- cial law would prevent the hiring of a new bus company "I think this would put us in the situation of replacement wor- kers," said Longfield, operations committee chair. (Whitby Transit falls under the jurisdiction of the public works department and reports to council through Longfield's com- mittee.) Under Ontario law, employers are prevented from using replacemént workers if their union employees strike. Only management employees can try to keep the business or service operatmng. While the law does not apply to workers in an essential ser- vice, this would not be the case if the bus drivers walk off the job, Longfield said. "I-know a lot of people rely on the buses, but this would not be considered an essential service," she said. Longfield rejected a suggestion that the Town should have advertised to advise Whitby resi- dents of the status of negotia- tions and what measures, if any, are in place to deal with pro- blems in the event of a strike. Correction In last week's edition, there was an incorrect telephone num- ber given for Whitby Santa Claus parade organizer Craig McCullagh. The number is 571-3967. m & ý& -.& +Iaxes ,

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