KHRASS Newsletter 03.06-002           June 21, 2003 No. 1

NB: This newsletter is the personal opinion / reply of the writer, Gary Faulkner, in response to the questions posed by Gary Crandell below.  Hopefully this opinion will be useful to other recipients who are being "blind copied".  While the writer is presenting what he believes to be accurate information, you may wish to seek confirmation from other sources including the MNR.  Please let me know if I have made any errors.

Gary Crandellís question:

Sent: Saturday, June 21, 2003 1:44 PM
To: Gary (Faulkner)
Subject: Bill 100
"Hello Gary,
I have read over your most recent message, concerning the above noted Bill. As is usual with gov't documents I am still not clear whether this is a good thing or a bad. I don't see anywhere that there is a provision for a buffer zone to our properties. Am I correct in assuming this? I also assume from what I read that the McGinniss Lake road, which is unassumed will become part of the proposed park.??
Could you provide me with your comments as it specifically applies to my property.
Thanks in advance, for fighting for our rights and trying to ensure the best outcome for all concerned.
Gary Crandell"

Explanation:   Gary Crandellís property is one of  17 private properties fronting on the north shore of McGinniss Lake, and one of 55 properties that are most directly affected by the inclusion of the area west of the existing KHPP in the area to be redesignated to be a provincial park.

Gary Faulknerís answer:

Gary (Crandell),
Your question relates to:

Cottage access roads that have not been assumed by the municipality, and are located on Crown lands that have been recommended to be excluded from the KHSS Park by the LSC.  These excluded lands on which the roads are located remain as General Use Crown land as they were prior to Lands for Life and Ontarioís Living Legacy initiatives, and the usage of the road by cottagers should not change.

a) I recommend that you obtain copies of the following publications:

i)   Ontarioís Living Legacy, Land Use Strategy, July 1999.
ii)  Kawartha Highlands Signature Site Draft Recommendations, August 2001.
iii) Kawartha Highlands Signature Site, (LSCís) Recommendations Report, November 2001.
       (This report was not released to the public until September 2002.)
iv) Kawartha Highlands Signature Site Charter, June 2003.

I have sent you the text of iv). The other three references should be available from MNR offices.

b) When reference i) was released the proposed park boundary was the rear lot lines of properties owned by you and your neighbours and the shores of the lakes. If this had not changed, your assumption would be correct.

However, references ii) and iii) recommended a "buffer zone" (exclusion or boundary adjustment) around Beaver Lake, along the north shore of McGinniss Lake and along the extension of the McGinniss Lake Road that goes north to the south shore of Bottle Creek (to service Greg Andersonís property).  Unfortunately, it was not clear from the maps in these references exactly where the exclusion was provided.  I requested a map clarifying the extent of this recommended exclusion some time ago and was sent the map shown in the accompanying attachment.  As you can see, the LSC has recommended an exclusion for you and your neighbours.

Exclusions of this sort separating private property from the park were requested by all associations, ratepayersí groups and councils in the KHSS area, except for about fifty members, including the executive, of the Catchacoma Cottagersí Association. These fifty persons own properties on islands on Catchacoma or on the mainland areas of Catchacoma remote from the proposed KHSS Park boundary. They would not be affected by the negative effects of having a "park" designated adjacent to other personsí properties.  There are about 474 properties on Lake Catchacoma so these fifty persons certainly do not represent a majority position.
 

c) Please refer to the first two non-italicized paragraphs in Section 3 of the Charter (ref. iv).  These paragraphs appear on page 4 of the "text only version" that I sent you corresponding to iv).  In the first paragraph it states:

"ÖThe boundaries for the park will be substantially based on the    recommendations of the Local Stakeholder Committee. Ö"

The second paragraph indicates that boundary adjustments may occur after affected parties have been properly notified by mail.  It seems unlikely that any "buffer zones" or "exclusions" already recommended will be cancelled.  It may be possible that additional exclusions will be granted.
 

Summary:

It seems likely that the boundary for the KHSS Park in your area will be the side of the Beaver-McGinniss Lakes Road extended to Bottle Creek that is remote from your property and those of your neighbours, and this is a major advantage for you and your neighbours.  If  this statement is correct, your road will not fall under the control of the Park Superintendent and your circumstances regarding the use of the road are unchanged.

If all or part your cottage access road was not assumed by the municipality and it was not on lands excluded from the KHSS Park (i.e. located on an exclusion from the KHSS), then your situation would be very different.  This is the situation facing some persons on Pencil and Gold Lakes in Cavendish and Harvey.  It is also the situation facing most property owners on Wolf, Loon Call and Anstruther Lakes in North Kawartha.  We will provide more detail in a follow-up newsletter.
 
 
 
 
 
 
 

Two Caveats:

If the conclusion presented in the summary is correct, then your property will not be within the park nor will it abut the park.  Therefore, some of the benefits deriving from Section 9, "Restriction on New Park Development", and Section 13, "Access Rights for Property Owners, etc." may not provide you with any benefits.  Please check the wording of these sections.  This could compromise some of the privileges that you have enjoyed historically on nearby Crown lands and also affect your requirements to obtain various permits and passes for which fees may be charged if you choose to access park lands (formerly General Use Crown lands) or facilities in the future.

We have heard (speculation) that the Management Advisory Board may have discretionary authority to make recommendations regarding these caveats (i.e. fees to be charged or waived, grand-fathering, etc.).   The membership of the Management Advisory Board is a very important variable.
 

A Commercial:

 If any recipients find the information in this and other KHRASS Newsletters to be useful, then I hope that you will join KHRASS if you have not already done so.  A membership application is attached.

 Please note that we have changed the name  "Property Owners Of the Kawartha Highlands" to the "Kawartha Highlands Ratepayersí Association".  The problem with the first name is that if we become an incorporated association, as would be desirable, the acronym would become "The POOKHs Ass.  Some persons thought this was fine, but most of us disagreed.

 Anyone who applied for membership in Pookhs has been made a member of KHRASS.  We now have members on all lakes and connecting waterways in the KHSS area, as well as some members who do not own waterfront properties.
 

Regards,
Gary Faulkner