King council decided Monday night to go forward with the designation of the Shift sculpture in King City as a heritage site.

The Shift is a stonewall structure that meanders through a field in the southeast quadrant of King City. It was created in the early 1970s by Richard Serra.

This issue first came forward almost two years ago, when the Township’s Heritage Advisory Committee put forth a request for council to consider the designation.

At that meeting, in January 2008, a number of deputations were received in favour of the designation. But Haydn Matthews, vice president of Hickory Hills Investments, the company that owns the Keele Street property containing the sculpture, requested that the decision be deferred to provide an opportunity have discussions with councillors, staff and the committee on the implications of designating the sculpture and other options to protect the artwork.

Monday, the committee recommended that the property be designated.

Lawyer Chris Barnett, who spoke on behalf of Matthews Monday night, said his clients have no desire to have the subject property designated as lands of cultural value or interest under the Ontario Heritage Act. Barnett also explained that Hickory Hills does not wish to alter, damage or destroy the sculpture, and that he did not believe designation was necessary to protect it.

The staff report stated designation of the property comes with certain responsibilities, such as maintenance and costs, which Barnett said the company was not prepared to undertake.

Many previous attempts were made to find a common ground. Council established an ad-hoc committee in February 2008 to discuss and identify the options and endeavour to come to some form of agreement to address the needs of the owners and of the Township with respect to protecting and preserving the Shift.

The positions of the Heritage Committee and the property owners have not changed and virtually no progress was made, with the exception that the committee has clarified its position and advised it is not interested in maintenance and access, but only in preserving and protecting the Shift.

Barnett indicated he understood the need of designation to make it part of the heritage, and that it would mean no access to it.

“But with the publicity regarding the proposal to have the property designated has made more people interested in the sculpture, meaning more trespassers,” Barnett said.

As indicated in the staff report, Hickory Hills had concerns with allowing public access to the property because the shift sculpture is in a rural area in the middle of a field which is currently being farmed. Because this farming activity is expected to continue, it is not possible to maintain the site in a safe condition for public access.

“Another issue my client has is vandalism,” Barnett explained. “There are some crazy people out there.”

As well, a Natural Core Area designation was applied to lands in the southeastern and south central parts of the King City Community Plan. Lands so designated are intended to be protected from development and urban uses are not allowed. The Shift is within that designation.

Prior to Monday’s meeting, Hickory Hills had a draft reference plan prepared which identified the lands to be covered by an agreement. The area identified did not encompass the entire field as proposed in the statement prepared by the Heritage Committee. The draft reference plan defined an area which provided an approximately 1.2-metre buffer to the Shift. This proposed agreement stated that it did not include the entire field as contemplated in the Heritage Committee’s statement and it would affect only the defined lands, not the remaining lands belonging to Hickory Hills. As well, the proposal called on property owners to agree not to harm, alter or destroy the Shift. In addition, they would not be responsible for third party damage. As well, the proposed agreement stated that Hickory Hills would not be responsible for damage caused by strikes, riots, and acts of violence, vandalism, weather or any acts of God. As well, they would not have to keep up with any maintenance of the Shift, including any protection of the sculpture against damage by third parties, weather or the elements. Also it indicated that there will be no provisions for any public access to the Shift lands, unless the owners have allowed it. Finally, this proposed agreement would be binding on both Hickory Hills and the successors in title.

Mayor Margaret Black said she was ready to designate Shift.

“I feel it’s worthy of protection under a heritage site,” Black said.

Councillor Cleve Mortelliti said he was thankful for the mayor’s support.

Elaine Robertson of the Heritage Committee, said she was really happy with council’s decision.

“It’s time to celebrate, council has made the right decision,” Robertson said.

Councillor Linda Pabst also supported Black, saying she made the right decision.

Barnett expressed displeasure and tried to persuade council to reconsider.

“Let me make it absolutely clear, my client has owned his property almost as long as Shift has been there and agrees not to destroy the sculpture as stated in the agreement,” Barnett declared.

Councillor Jeff Laidlaw said he could not accept the agreement.

“Your client says he will not destroy the sculpture and will protect it on one hand, but on the other he said will not be held responsible for a third party’s action,” Laidlaw said.

Barnett said it’s just common sense, wondering why should his client should be held responsible for another person’s action.

Black asked why Matthews didn’t just agree to designate it.

“As I said before in the last couple of months, with publicity regarding the Shift and designation, it has piqued people’s curiosity and they have come to see the sculpture and trespassed onto my client’s property,” Barnett replied, adding he understood that by designating the site, it meant there would be no access for the public. But he also observed that people will still be attracted to it because of all the attention.

But another person who was pleased with the designation was the artist himself.

“I am thrilled, and very grateful, that the King Township council has designated Shift as a heritage site,” Serra said in a statement issued yesterday (Tuesday) afternoon. “This work is crucial to my history as a sculptor. To know that it will be preserved in perpetuity, and as a result of the efforts of the people of King Township, is very satisfying.”