Council defers vote on letting NCC have road allowance
By Bill Rea

There's plenty of agreement on all sides that the forested area of the closed portion of the 7th Concession needs to be protected.

But is letting the Nature Conservancy of Canada (NCC) take the land in question over from the Township the way to go? King councillors made no decision on the matter Monday night, opting instead to get more input from staff, including legal opinions.

"The goal is the same," Mayor Margaret Black observed at one point in the discussion. "It's just the means."

The Township agreed last year to close the road allowance to vehicles through parts of Lots 18, 19 and 20. As well, the municipality was going to work with NCC on granting an easement over the lands.

Township Clerk Chris Somerville reported there had been legal concerns raised over the easement, including questions of liability. In May, Township Solicitor Jose Matera suggested ownership of the lands might be conveyed to NCC, and NCC indicated in September that it would be willing to go along with that.

In addition to recommending the conveyance, Somerville reported staff was suggesting there be an easement granted to the Oak Ridges Trail Association, or some similar interest, to ensure there is trail use available there.

She also reported NCC would pick up the tab for the costs associated with the conveyance, including survey, advertising and legal expenses, as well as paying $1 for the land.

The Township received some communications from residents who opposed selling the land to NCC, preferring the municipality keep it. Several of these comments came from horse riders who like using the road allowance and fear that NCC might ban horses some time in the future.

"Happy Valley is the last refuge in King for trail riders and this transfer is a sad reminder of the relentless development and fencing off of King," wrote local resident Allison Pezzack, who added other riding areas have been lost to estates and subdivisions, while the roads have become too dangerous with increased traffic. "We believe that while the conservancy may placate horse owners for now, add this land to their holdings, it will not be long before they banish our horses from the last place we can ride. Evidence is in the impassable barrier that now exists at the bottom of the 7th Concession."

"We object to the transfer of public land to a private concern whose policy can change from time to time without input from adjoining land owners," wrote Bill and Carmen Salmon. "Our additional concern would be that while these lands may be surplus to Township requirements today, it would be virtually impossible to reacquire the roadway in the future, should the Township's needs change."

Mark Stabb, central Ontario program manager for NCC, assured councillors nothing like that is in the works.

"We're in this business for the long-term," he declared. "We want to be good neighbours in the community."

He said gates have been put up at both ends of the open road, mainly to prevent off-road vehicles, like snowmobiles and dirt bikes, from getting in. The gates were intended to be pedestrian and horse friendly, he added. He agreed there might be problems with people or horses getting through them, and that can be addressed.

But Councillor Linda Pabst said she understood how people might be concerned that horses could be banned from the lands five or 10 years down the road.

"I plan to be working with this outfit for some time," Stabb replied, stressing that's not in the works.

Councillor Jeff Laidlaw raised another concern, that NCC might be looking at this land as a revenue source, creating a park and charging admission.

Stabb said NCC has never done anything like that, adding there are no plans to make it a commercial operation. They don't promote the use of any of their lands, he said, pointing out one of their aims is to try and leave nature alone.

Stabb did say there have been occasions when they have sold some land to raise money, but that land has usually been donated and it has little ecological significance. They will use the money to buy land that has significance. He added that shouldn't be an issue with this property.

Dr. Henry Barnett, a long-time leading volunteer and supporter of NCC, agreed there likely won't be changes or additional excessive restrictions.

"I wouldn't be working with these people if I thought they were going to change around," he told councillors. "I wouldn't want to be involved with an organization that's shifty or commercial."

Local resident Alex Dunseith agreed something has to be done about the barriers, as it's awkward for some riders to get their horses through them. "Not everybody is a jumper," he remarked, adding a number of the local riders are elderly.

He was also concerned that conveying the land to NCC will attract hikers from the city, who will bring dogs that might chase horses.

Black said a number of issues had been raised that might not have been considered before. She added that was the first she had heard about a possible concern over dogs.

Transferring land like this out of public ownership is a very bold and unusual move, she added, urging that council take the time to consider the matter and consult with the solicitor.

Pabst said she supports NCC. "They've done some fabulous work," she declared.

But she also favoured deferring a decision on this until all the options have been weighed.

Councillor Jane Underhill agreed with getting the legal opinion, but she also favoured NCC getting the land as soon as possible.