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The Corporaton of the Township of King

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The Corporaton of the Township of King Appendix 7B (b) THE CORPORATION OF THE TOWNSHIP OF KING COMMITTEE OF THE WHOLE Council of the Township of King met in Committee of the Whole on Monday, October 6th, 2008 at 6:35 p.m. Members of Committee present were Mayor Black, Councillors Mortelliti, Laidlaw, Pabst, Cober, Underhill and Rupke. Councillor Underhill chaired the Committee of the Whole meeting. Members of staff present were Scott Somerville – CAO, Chris Somerville – Clerk, Don Young – Director of Finance & Treasurer, Stephen Kitchen – Director of Planning, Mike Cole – Mgr. of Engineering & Dev., Catherine Purcell – Director of Parks, Recreation & Culture, Bryan Burbidge – Fire Chief, Kathryn Smyth – Deputy Clerk, Diane Moratto – Sr. Administrative Assistant, Jamie Smyth – Economic Development Officer. Committee recommended that Item # 3 on the Committee of the Whole Agenda be brought forward for consideration. C.O.W. #2008-226 Clerks’ Dept. Report No.: CL-2008-24 Re: Review and Update Nature Conservancy of Canada Request to Place a Conservation Easement over Unopened Road Allowances in the Happy Valley Forest Area (Part of the 7th Concession) DEPUTATIONS (i) Harold Sellers, Executive Director, Oak Ridges Trail Association Mr. Sellers appeared on behalf of the Oak Ridges Trail Association (ORTA) and advised of the ORTA support of any arrangement which will protect and enhance the trail. He added that he is looking forward to working with the landowners, the Township of King and the Nature Conservancy of Canada (NCC) on any restoration or enhancement work. Committee recommends that the deputation by Mr. Sellers be received. (ii) John Riley, Chief Director, Nature Conservancy of Canada (NCC) Mr. Riley, Chief Director of the Nature Conservancy of Canada (NCC) advised that with respect to the comment in report CL-2008-24, “NCC policies for preserving forest lands do not provide for public access…” is not correct, and that the NCC has interpretive centers, trails, etc. that the public may use. Mr. Riley challenged the comment that no road would be built through the Happy Valley Forest. He noted that since the 1950’s, the Happy Valley Forest area has been recognized and protected, and the NCC simply wants to ensure that the road allowances remain green and accessible to trail users in perpetuity. He asked that King Township join the NCC in this project. - 2 - Committee of the Whole Report October 6th, 2008 Committee recommends that the deputation by Mr. Riley be received. (iii) Mark Stabb, Program Manager, Nature Conservancy of Canada (NCC) Mr. Stabb commented that the road allowances are key to the ecological integrity of the forest and one of the reasons the Happy Valley Forest Area is in good shape is because it has not been carved up for development nor road use. He advised that the NCC received legal advice that a conservation easement would be an appropriate tool to maintain the forest, however Township legal staff advised Council that the proposed easement agreement was not in the best interests of the Township, and suggested conveying the lands if the NCC did not want to modify the agreement to the Township’s satisfaction. It became evident that the public is opposed to either option with the potential of limiting access, and conveyance was deferred. Mr. Stabb advised that the NCC is interested in biodiversity and ecological protection, and one of its main priorities is to prevent motorized vehicles damaging the forested areas. He added that nothing will be proposed that does not have public support. Mr. Stabb expressed a willingness to continue to try to find an option where the NCC can partner with the Township in preserving and protecting the road allowance. He reiterated that the NCC is anxious to work with the equestrian community but unfortunately there are some areas of the forest which are not safe for riding. Mr. Stabb commented that if Council finds the NCC is not the right group to keep and maintain the road easements, that another interest group such as the Oak Ridges Trail Association could do the same work. Committee recommends that the deputation by Mr. Stabb be received. (iv) Paul Barrett, 87 Armstrong Crescent Mr. Barrett advised he has been a resident of Pottageville since 1992 and enjoys hiking along the 7th Concession. Last year he noticed barriers had been installed blocking access to the trail. He asked how residents and Council could trust the people who put up this type of barriers that their actions speak louder than words. He commented that the lands should be kept in Township ownership so he and others will continue to have access to the trails. Committee recommends that the deputation by Mr. Barrett be received. (v) Bill Salmon, 15460 7th Concession Mr. Salmon provided a letter to Council which he read aloud. He advised of his support in preserving the environmentally sensitive Happy Valley Forest area but does not support the transfer of any ownership rights of municipal road allowances to the NCC as it would severely restrict Council’s ability to satisfy the future needs of the people of King. Mr. Salmon requested that Council consider ‘Option D’ as outlined in the staff report. Committee recommends that the deputation and letter by Mr. Salmon be received. (vi) Lisa Barrett, 87 Armstrong Crescent Ms. Barrett read from a petition of 74 signatures and presented a copy to the Clerk. In the petition, the residents commented that they understand why the NCC feels it is necessary to have - 3 - Committee of the Whole Report October 6th, 2008 an easement on these road allowances in order to control access to the Happy Valley Forest in an effort to continue its work to protect and restore the forest; but the residents feel that any transfer of an ownership interest by way of easement to any individual will be an erosion of control of the elected officials. Ms. Barrett commented that the Township retain control of the subject lands and not grant any interest to other parties. Committee recommends that the deputation by Ms. Barrett and the petition be received. (vii) Suzanne Hardcastle, 4695 18th Sideroad Ms. Hardcastle advised that she likes riding and walking along the 7th Concession. She commented on recent construction projects in the vicinity causing noise and dust, increased traffic and driveways with gated entrances. She expressed concern that there will soon be no open spaces left to explore without asking for permission, and that only those who can afford to buy big parcels of land will be able to ride in the future. She commented that the NCC has shown that it cannot be trusted as seen by the barriers that were installed which made it difficult for both horses and pedestrians to get through, and it has taken a year to get the barriers modified. Committee recommends that the deputation by Ms. Hardcastle be received. (viii) Diane Peldszus, 4770 18th Sideroad Ms. Peldszus advised that she is a lifetime resident of King Township and loves riding through the Happy Valley Forest area. She asked that Council retain control of the road allowance. She commented that safe riding areas available in King are diminishing as gravel roads are being hard surfaced and have very narrow shoulders. She asked that equestrian groups and the Township work together to preserve the trail along the 7th Concession. Committee recommends that the deputation by Ms. Peldszus be received. (ix) Mark Stabb, Program Manager, Nature Conservancy of Canada Mr. Stabb responded to some of the comments heard this evening. He noted that the gates which were originally installed were designed by an equestrian and were intended to stop motorized vehicles only, however, when the NCC realized the difficulty for pedestrians and equestrians, it began looking for a better design, and the gates have now been replaced. He noted that he was under the impression that Council had approved installing the gates, there was a communication issue. Committee recommends that the deputation by Mr. Stabb be received. Committee considered Clerks’ Dept. Report No. CL-2008-24 providing background information and the status of the request from the Nature Conservancy of Canada (NCC) to place a conservation easement over certain unopened road allowances, being part of the 7th Concession and parts of the 16th and 17th Sideroads, or the possible conveyance of these lands and to receive instructions as to the manner in which Council wishes to proceed. - 4 - Committee of the Whole Report October 6th, 2008 Committee recommends that the correspondence from David and Ann Love, Vicki and Paul Hotte, Stephanie Barrett, Neil and Sue McGeachy, Billand Carmen Salmon, R.R. Tasker, Allison Pezzack, Catherine Halliday, Chuck Jolliffe including the petition presented by Lisa Salmon, and the comments heard this evening be received, and that Clerks’ Dept. Report No. CL-2008-24 be received, and the recommendations therein be approved, as amended, as follows: (a) Report CL-2008-24 be received as information. (b) Approve Option ‘D’, to maintain the status quo. (c) Council commits to protecting and preserving the road allowances in the Happy Valley Forest area in a ‘green’ natural state, and to keeping the road allowances available to the public for equestrian and pedestrian access and that the King Environmental Advisory Committee (KEAC) be requested to advise Council on erosion issues and preservation of the tree canopy within the Township unopened road allowance in the Happy Valley Forest area. C.O.W. #2008-227 Councillor Underhill: Re: Correspondence from the Township of North Stormont Re: Requesting the Board of Directors of MPAC to improve their operations Mayor Black refrained from voting on this item due to being a member of the MPAC Board. Committee considered the correspondence from the Township of North Stormont regarding a Resolution requesting the Board of Directors of the Municipal Property Assessment Corporation (MPAC) improve their operations.
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