March 17, 1999
by David Soknacki in The Mirror (reproduced with permission)
Those following the application for development on the Manson property can see a real problem in our political process. It seems that even though there was a firm direction on this issue from the communities and Council, a developer has been able to set the agenda, and now the matter rests in the hands of appointees and lawyers instead of either in the courts or political arena.
Past operations on the Manson property near Port Union Road and Lawrence caused eighty deaths from breathing asbestos used in production. Unsurprisingly, years after the factory has closed asbestos remains on the site, causing concerns in the community. Until the issues of soil remediation and acceptable land use are resolved, the dilapidated building and residual asbestos will remain. The original property owners have gone bankrupt, but two years ago a developer called Yellow Moon Homes negotiated a conditional offer to purchase the property. Yellow Moon then put together a proposal for the site. The community didn’t like the plans, nor did Scarborough Council, so the proposal was turned down.
Under a more mature political system, such a proposal would have stopped there, allowing the developer to seek any alleged redress in the courts. Unfortunately, here is an area where the Province seems not to support local democracy. Decades ago it set up the Ontario Municipal Board (OMB) as an appointed body to override our local institutions for financial matters, a power it has expanded and continues to use with depressing frequency.
With nothing left to lose Yellow Moon took its plan to the OMB. Instead of facing the key issue of why its proposal should merit any reconsideration at all, Yellow Moon has taken the offensive and is arguing that City provisions for park and schools on the site are too generous. It succeeded in having a hearing on environmental issues postponed. And, of course, it agrees with the OMB that the time has come for negotiation on its proposal.
Members of the community and City presented to the OMB early in March on why the existing criteria for school and park amenities should be maintained, and the next week presented further evidence. At that second meeting the developer asked the OMB to consider awarding costs against the community associations. As one can imagine, the threat of this action has sent a chill through those who have built their communities. At present the first stage of hearings has been completed, and the Board is expected to render its decision shortly.
But the developers, OMB appointees and Province have ensured that the most important issues will not be on the table. What should be discussed first is why any proposal which has been so convincingly rejected needs any reconsideration, and secondly, why we have allowed the OMB greater authority than our local democracy. These are the issues that need discussion - not only now, but also during the upcoming Provincial election.
