e0lit J Whltbv Free Press, Wednesday, October 19, 1994, Page 13' Council denies referendum req"uest SBy Miko Kowalski Whitby voters will net have an opportunity te pass judgemont on the controversiai Lynde Shores project. Town council last week unani- mýously rejected a request te in- lude the proposed residential and industrial devlopment on next month's municipal, election ballot. A local citizons' group had wanted a plebiscite on the issue te be heid in conjunction with the Nov. 14 election. The Save Lynde,*Marsh com- mittee is opposed bà plans for a new community of 5,000 people and -adjacent industriai par k ast of the envirenmentally sensitive wetland. But council foît the wording of the proposed piobiscito was tee slanted. and would have caueed legai probiems for the municipa- li vn'councillor -Marcel Bruneile, a iong-timo foc of the housing component of the'joint public-private sector initiative, .ned hie coloeagues in turning own the referendum request. Brunelle noted that only two weeks earlier, council had appro- ved subdivision plans from the proect's three developers - the Ro)se- Corporation, Ontario government and Durham Region.. "If council -approves subdivi- sions and thon goes te a plebis- cite, we would ail end up' in court,» ho warned. "We would be guilt.y of acting in bad faith." "Council knows my position," Bruneile added. "If Itought it wouid serve a purgose or b wise I would su pport it. Having ben unsucceseful on srviu occasions in pereuading c=nclte stop the pro.sed development, Save LyndeMarsh members wýere hoping council would support their request for a plebiscite. In a letter te Town clerk Don McKay , greup spokespersen Johanna T7ite asked that the feilowing questions be, included on the election ballet: * "Arey ou in faveur of the proposd Lynde Shores develop- ment?» * "If net, are you la faveur of preserving the Lynde Marsh area currently slated for deveiop- ment as part of a nature sanctu- ary?» Aithough councillor Joe Drumm wanted te simply receive and file the letter, councillor Rose Batten, deemned it worthy of comment. According te Batten, the sug- gested plebiscite wording almost had'a 'metherhoed' quaiity te it. 'Mhis le tee broad a request and weould.be difficuit te put on a ballot,» he said.-, "If ;ou ask -are you ia faveur ef saving the Lynde Marsh?'... everyone in the municipality will vote yes, myseif included." In arz'uing against a refer- endum, îatten took exce ptien te a recent news2aper advertise- ment spensred ,by the Save Lynde M arsh committee. The advertisement criticized every councillor but Brunelle for appr'v0n'the subdivision plans and voting te "destroy the Lynde Marsh Nature Sanctuary Pro- posai.» It aise asked Whitby residents te write Premier Bob Rae and Durham Centre MPP Drummond White ia support eof the greup's proposal for a nature sancètuary inth e nde Marsh area., "Such a proposal was neyer before council,» Batten emphas- ized. Batten was adamant that'des- *te op ponents' fears, nieasures adopted by council will pretect the class one wetland. Pointing eut that both Lynde Marsh ai-d nearby Cranberry Marsh are ownied by the Central Lake Ontario Conservation Authority (CLOCA), he claimed the area is already "operating as a sert of sanctuary." Ia fact, 100 acres .of private property will cene into public ownersh ip as a resuit of the *procesa which lead te approval of the Lyndý Shores develepment, Batten soid. "We don't need a referendum te save Lynde Marsh, that's exactly what we're doing," ho said. î Batten added that.the develop- ment lias been appeaed to the Ontario Municipai Bard (OMB). "If further review is needed on' the subdivision applications it will be dene through that pro- cess,» he said. "For that-reason I would sug- gest a referendum is net mn order. I don't think -that is the mandate of this council.» Councillor Don Mitchell agreed with Batten's assessment., "If their (Save Lynde Marsh) evidence is valid, the Ontario Municipal Beatd weuid nover support anything that* would hurt a class one wetlanid," said Mitchell. Council. endersod Drumm's motion to receive -and file Tito's letter. In a subsoquent interview, Tito rejected the argument that a referendum cannot be held once council lias made a decision. «It's a legitimate req uest under the Planning Act* to do a plebis- cite on major planning issues, » she said. However,. beth it and. the Municipal Act are "vague" as te what "stage" of the planning process a referendum may ho held, Tito contends. "The act ie vague, the road is open te a plebiscite,» she said. Tio aiso denied that her group was just 'playing ?olitics' with its that ' the (council) wouid go along with it,» she conceded. "But there was ^aiways the chance they would.» If -the committee'e môtives were political, it was in a "posit- ive sense »Tito said. ,"It's al'most a plea for demo- cracy, a large-number of people are aaainst-t he development.» Tito' has aiready filed. an appeai of councii'e approvai of the subdivision plans.. But due to reent changes in provincial legisiation her appeai must go before Durhiam Reègion council prier te it being con- sidered by the'0MB. Region staff are reco mmending that the matter preceed te the board. Tito- said. WA MW SIk U IJV"i SISiI"à us~inese Cal Jo s..68611 e.. - 1s i tisfét -m DISCOUNT HOBBIES Planes - Trains'- R.C. 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