"Cowardice asks the question...is it safe? Expediency asks the question...is it politic? Vanity asks the question...is it popular? But conscience asks the question...is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular but one must take it because it is right." ~Dr. Martin Luther King

Thursday 22 April 2010

1992 Was Not A Good Year

It was the year I lost my mother. I was aware of what was going on around me but my heart was elsewhere.

It was the year la merde hit the fan over Heritage Trust of Ontario's ideas for the Ann Bartley Smith lands in the south west of Aurora.

It was Councillor Phyllis Morris' second year of a first term in office.

The year Mr. and Mrs. MacEachern of South Aurora were in the forefront of a cause celebre.

The year Susan Walmer entered the scene and S.W.A.T, South West Aurora Taxpayers organized to do battle against the forces of evil so dominant in our fair town.

Ontario Heritage Trust was a villain. Fair maiden, tied to the railroad tracks by evil landlord in black cape and pointed, curling moustache, being the Ann Bartley Smith lands.

The issue emerged again on Tuesday evening at Council in a recommendation for a custodial agreement for the lands be formulated between Aurora and Ontario Heritage Trust.

The agreement would provide for the Town to be responsible for maintenance of the property and assume liability for all who might use it without enjoying any of the authority and benefits of ownership.

The Ontario Heritage Trust would be relieved of all responsibility for maintenance and liability for any person who might use it while continuing to enjoy full benefits of ownership and authority.

The Mayor argued it's a good deal. Councillors Granger and Gaertner waxed eloquently on a wonderful opportunity.

Councillor Mac Eachern declared a Conflict of Interest.

Conflict Of Interest means a Councillor has a pecuniary(financial) interest in the outcome of any decision. It's difficult to comprehend how that might happen over land in the public domain.

But...there it is.

Also participating in the discussion, a resident, Mr. Guy Poppe, who was involved in 1992 and continues to be passionately concerned the lands be used by the people of Aurora as intended by
their former owner Ann Bartley Smith, now deceased.

Added to the documentation, two e-mails of support from residents rallied to the cause.

So... history was resurrected. Idid it. The Mayor thanked me. She just happened to have Ann Bartley Smith's will on hand The Mayor declared the lady's dying wish was the lands be held in trust for all time for the benefit of the people of Aurora.

The Mayor re-called she had been a member of a committee struck by Council of three members and three residents to deal with the issue.

And further re-called how she had resigned from the committee because the matter was being discussed behind closed doors. Former Councillor Bill Hogg took her place, she noted.

Mr. Poppe said Heritage Trust maintained they had the right to sell the land to developers for $9 million and intended doing so..

Mr. Poppe is a retired solicitor. He passionately contends Heritage Trust has no such right
and council should be vigilant to ensure the land be kept in perpetuity for the benefit of the people as intended by its original owner.

I had a dim recollection of the matter. I doubted Council of the day and Ontario Heritage Trust were the villainous rascals as portrayed.

On Tuesday, I asked Mr. Poppe, if Ann Bartley Smith had intended the people of Aurora to enjoy the lands in perpetuity, why did she not just give the lands to Aurora instead of Ontario Heritage Trust?

At one point, Mr. Poppe introduced the figure of $9 million dollars into the discussion.

Remember that.

Now.... here is what I understand. When an agreement is made between a property owner and Ontario Heritage Trust, a full and current appraisal of the property is made and credited as tax relief to the erstwhile owner.

Ownership is transferred in consideration of a full and current appraisal.

That's important.

That represents a sale.

Not a Gift or a Donation or a Bequest.

It's a sale.

A municipality has no authority to grant tax relief. It must be assumed the sale price for the land took precedence over any sentimental notion that the people should have full and free access to the lands for ever more. If they ended up with that advantage, that was a bonus. I daresay one could plead that at the pearly gates. It might make it easier to get through the eye of the needle despite having once possessed all that wealth.

A development designation on the land would have formed part of the appraised value. That's almighty expensive for the government to be paying out without consideration of a return.

The land was pre-serviced for development.

I have not seen the will. I understand no strings were attached to the deal with the province. .

On Tuesday, Mr Poppe referred to Ontario Heritage Trust's intention to sell "the land to developers". He named the figure of $9 million. He argued vigorously, they did not have the right.

I have learned, the proposal from Ontario Heritage Trust was to transfer sixty-three acres of land to the town and sell thirty acres of pre-serviced land for development.

Now the question is:

Did the Province agree to pay $9 million from taxpayers resources, for land with a development designation, on the understanding it could be recovered, while the sixty-three remaining acres could be transferred to the municipality for the full and free access and enjoyment of her inhabitants?

Was that the real deal?

Was the controversy deliberately created based on misrepresentation of the facts?

Did the Councillor privy to the details not understand them or were they deliberately misrepresented for wholly political purposes?

Well...Well...Well

We have seen this game played before.

What goes around comes around.

2 comments:

Unknown said...

I wish to respond to your blog.

Firstly, the granting of a charitable tax receipt by the OHF does not mean there is a sale involved. A right of use can be considered a gift and attract a receipt. The nature and condition attached to the gift determines its nature.

The discussion about the town getting part of the property and letting OHF sell part did not emanate from the OHF, but rather the Town(See www.bryanmoir.ca)

Finally, as I said before, a thorough review by a competent solicitor hired by the town confirmed that Mrs. Bartley-Smith
intentions were to preserve this property. I concur with that view and even suggested that a court decide the issue, which OHF were not interested in.

Does not the fact the OHF is interested in a custodial agreemnent fly in the face of their position that they can do with the property what they want?

Anonymous said...

If you Google 'Ontario Heritage Trust and 'Conservation Lands Act of Ontario' there is a lot of information pertaining to this subject.

It might take a lawyer to figure it all out, but what the heck, we probably haven't spent any money on lawyers for a couple of days, or have we?