7 ; From page 1. : of: an Ombudsman’ 5 finding, CBRL, the document states, asked: the Ombudsman to deal -with five ‘Specific com- plaints’‘concerning: the administration of its agreement with B.C. Parks. M while | Bc. Parks has fired back i in its ‘ . sane Court, BC. Parks states. that CBRL has an “erroneous view” of “its alleged rights to commercially expand outside” its park The defence c claim states that, contrary to view BC. Parks is not obligated to : Masselink, and regional parks officials George Trachuk, Mel Turner and Ray Peterson. In the lawsuit, CBRL alleges that the five department officials conspired to destroy its $50” million master plan for the commercial ski area ' by misrepresenting the plan to the premier, the minister and the public. . But according to the statement ‘of defence, B.C. Parks lawyer D. Clifton Prowse:-states that , CBRL “failed or neglected to meet: its obliga- tions to present a master plan exploring: the alternatives for development within the permit area.” CBRL, which i is owned by Booth and vice- president Milan Ilich, locked homs with B.C. Parks officials in 1992. The parks department ” was, at the time, working on a master plan for the entire Class A provincial park. / CBRL presented two options: | WThe “no expansion” option, which added no new terrain to its operation. This option also - involved no expansion of facilities or of skiing | Wednesday, March 22, capacity, It would have “enhanced” toilet facili- ties only _with “full assistance . from the province. &%§ CBRL’s second option added 100 hectares (247 acres) of:public park to its commercial ‘operation. CBRL claimed this. “preferred” ‘option would allow financing for many improvements that would benefit all. park visi- ~ tors. , ~ Cypress Park users were drawn into the dis- pute between CBRL and B.C. Parks in January - when CBRL demanded the public pay ski-lift fees to cross CBRL pennit iand to get to free "areas of the public park. Booth told the News in January that CBRL was entitled to charge people for passing through its permit area, but hadn’t done so for nine years. “What is happening is the reality of no expansion,” said Booth in January. ° . Parks officials, in a counter lawsuit against 1995 ~ North Shore News -3 > NEWS photo Miko Wokatield ee “SKIERS RIDE the sky at Cypress Bowl. The recreational area is the subject ofa ‘court dispute b between B.C. Parks and Cypress Bowl Recreations Limited. : : tickets. This hindrance i in doing their jobs, was: a breach of the Park Act, they claimed. B.C. Perks’-counterclaim also’ states that in| ‘ November $986 CBRL agreed to allow the pub-, lic free access through the permit area. ‘*>. an In another document of legal rebuttal. ‘(a es statement of ‘defence - to the ' counterclaim), CBRL lawyer Robert McDonell states that‘the..- business “was ut liberty'to cancel that (Nov. 30, 1986) arrangement and did so” on Jan. 6, 1995:° ' The B.C. - Parks’. counter : lawsuit’ against’ 2°, CBRL lists other alleged Park, “Act breaches: ne ingluding: Bi failing to cooperate with Parks and acknowl: : ‘edging Parks’ rights relating to inspections; . | @ failing to remove hazardous trees next to ski trails; .°: om.) routinely r removing trees without consulting _ Parks or getting Parks’ approval; *:. ; @ failing to maintain the parking. lot: to the vo point of not-even taking minimal mes such as rack ‘sealing ‘and pothole paching,” Gunton,’ assistant ‘Seauy minster Jake: ‘port’ s" ‘total ‘argo. is buik. All bulk fargo comés by rail. : 2 Ina! ‘nutshell,”* he ‘said, “rail- must; pass through « ‘the (CN_ inter- change: Mann yard, said Stark), 26 ah * The atest: ‘port. eration, cou- : : That reputation ‘Will take «a long leptune: Bulk Terminal’ $ traffic’: time to rebuild, he added... ; eff Crawford”: said Dow: Chemical has a ‘hip ¢ com- - “ing in’ March’ 26 that the company does not have. cargo for, said ship-,. ping supervisor Steve Stetsko. “| Although ‘the’ company has not et inissed a commitment, “if. (the ” ey stke) drags on,’ we-will,” he said. ‘t¢ Ships waiting’ in’. bor lose $15,000 to $20,000 a’day, ‘pers, could lose sales’of wood pulp - hich sells’ for about $1 000 a ton,-;/tenance shutdown starting: Sunday. fa rail Strife could shut down or » -the ; now-closed Port , ‘by Cambridge Leaseholds Ltd., 4 management company. Cambridge also showed -..: j general manager Richard Wood. - 7:CanadianOxy; technical superin- - : pany plans to havea five-day, main:,. | A. DELEGATION representing Capilano | Mall merchants who support extended shop- -| ping hours on’ Mondays and . Tuesdays has urged. North Vancouver - City councillors to stay out of the marketplace. NORTH VANGOUVER CITY COUNCIL ~~ By Robert Galster ma i : i “We think fundamentally ‘this’ is’an issue best f decided ‘between consumers and ‘merchants at the mall,” . f, He‘added that he has the support of 45 merchants” { covering 90% of Capilano Mall’s floor space. Said A&W president Jeff Mooney. .’ ‘The figures were taken from a survey conducted sales increases for a majority of the businesses dur- . ing the extended Monday and Tuesday hours. ° . “Indeed the council for the first time talked to a majority of the ‘mall tenants,” said Capilano Mall But several councillors expressed surprise over the! delegation’s ‘wide-ranging support from other -: f mail merchants." . .., ; "We prefer the system we had, but we felt it was inflicting hardships,” said Mayor Jack Loucks. He asked whether the merchants “would support f prevailing upon Cambridge to allow some (stores) to” close.” : -: The answers. were mixed, with some merchants : ‘CBRL, note that they too. were asked to pay lift: Capilano Mall's’ yi could ‘do so if others close.” ” Fabricland’s superviso Judy Trent told council. ‘Wood ‘added that his company: respects the wish: eg of the majority and therefore, introducing optio ‘al:openings would be up to. the mall's other. tenants ” Monday’s delegation, contradicted another. dele-. ~ gation that’ came before: ‘council last December...” At that. time a group “of. independent’ mail :mer: chants pleaded for help from council,” ‘complaining that the mall’s extended ‘hours’ were both’ unpro!-, itable and caused undue hardships in their personal, lives. : Lugaro Jewellers manager Tawiiy Jellis, who wa present at both council sessions, said the costs‘asso-. ciated with the later Monday. and Tuesday closings: -were. considerable and.could not be justified by th slow sales during the same period. bh “In a jewelry, store you can’t have high’ school: kids handling merchandise worth , ‘more than their f : car,” ‘said Jellis, . [ Council will make a decision on Capilano Mall’ 8 f° extended store hours after'a public meeting’ sched-. ‘.wled for’April 3 in council chambers. Any changes to: the present. bylaw ° wilt affect merchants’ throughout’ a “the city. - “Our council is trying to take i a good bok at it,” ‘said, Loucks. “The last thing’ we want.to ‘do is take. | action; but we "re prepared to ify we feel. there’ s anf unfair situation.” ; _ She said her store has to pay wages that are imuch fou higher thah'those of a, fast-food restaurant ‘ora cof. fee bar.