SPECIAL MEETING OF COUNCIL - AUGUST 19, 1999

Council met in special session, Thursday, August 19, 1999 at the I.O.O.F Hall in
Parham at 7:00 p.m.

The purpose of the meeting was to meet with the property owners abutting the K &
P Rail line to hear any concerns or comments, either in support of or opposition
to a possible recreational trail.

All members of Council were in attendance except Mike Beattie. Staff member,
Heather Fox was in attendance to record the concerns.

The sign in sheet circulated throughout the audience, as attached, indicated 34
in attendance, other than Council members and staff.

The following concerns were noted by Heather Fox, however not verbatim.

Mayor MacDonald opened the meeting by welcoming everyone and indicating the
purpose of the meeting was not to answer questions but rather to hear the
concerns of the abutting property owners, should Council consider assuming
ownership of the rail line as a recreational trail.

Councillor Bob Harvey gave a synopsis of the Trans Canada Trail.

Frances Thurlow graciously thanked Council for attending this meeting and read
the letter she read to Council at the meeting of July 12th, 1999 for the benefit
of everyone in attendance. Mrs. Thurlow also read the response from Council
indicating the date of the August 19th meeting.

Peggy Hurley questioned whether or not the trail would be open to anything.

Peggy Hurley questioned what would happen with trash and garbage which is being
disposed of now along the track bed.

Melville Good stated he owns 180 acres at lot 12 and 13, Concession 2,
Hinchinbrooke District and that Council must be dreaming in technicolour if they
think snowmobilers, ATV's, hikers and walkers can all utilize the same trail.

Frances Thurlow questioned if the Township is not purchasing the trail, then who
is.

Georgina Bush indicated she lives 20 feet from the track bed and a trail would
reduce the value of her property. She also questioned how medical help would be
summoned and who is responsible if someone gets hurt on the trail.

Joe Bastos, legal advisor for the property owners gave a presentation (a copy of
which was faxed to the municipal office on August 20, 1999 as follows:

SUBMISSION TO CENTRAL FRONTENAC COUNCIL

This corridor has been the subject of a great deal of activity and scrutiny in
the past few years.

The provincial government, through an Interministerial Committee, initiated a
process for determining which, if any, of the abandoned railway rights-of-way
were "provincially significant". The provincial policy was to protect corridors
that provide economic, social or environmental benefit. The Frontenac
Landowners made a number of submissions to the interministerial Committee and
the provincial government directly. Ultimately the provincial government
decided not to acquire the Kingston-Pembroke Railway corridor.

This municipal council recently passed a resolution approving, in principle, the
acquisition of this corridor for a recreational trail. In our view there are
significant features and problems that make this corridor unsuitable for a
recreational trail.

The corridor is not continuous. There are portions of the former corridor,
between Tichborne and Sharbot Lake now in the hands of 26 different private
landowners.

The corridor crosses an active double track CPR line at Tichborne.

The corridor runs through the barn yards and farm yards of several operating
farms as well as bisecting the working lands of many other farms. It also runs
very close to numerous private homes. If a recreational trail is established,
we believe that, given current environmental legislation, the continued
existence of a number of active farms is threatened.

There are significant gaps in the legal title to the corridor. In the former
Township of Hinchinbrooke alone there are at least four significant gaps in the
title. Bell Canada does not have clear title to at least those four sections of
the corridor. If the municipality were to acquire this corridor it is exposing
itself to significant costs by way of litigation to challenge the title by those
landowners who are directly affected. The lack of clear title was a major
factor in the provincial government's decision not to acquire the corridor.

In addition to the title problems there is, we believe a significant amount of
surveying which must be undertaken before any transfer of the title of the
corridor can take place. This is necessary to satisfy Registry Office
requirements and to establish and maintain some evidence of the boundaries of
the corridor. At the time Bell Canada acquired the corridor a certain amount of
surveying was to be carried out. This was not done and, as a result, certain
evidence of the limits and location of the corridor has already been lost. The
required land surveying will entail the expenditure of significant taxpayer
dollars, in a time of economic constraint.

It is the belief of the Frontenac Landowners that it will be necessary to fence
the entire corridor to protect the privacy and property rights of adjoining
landowners. Once again this will entail significant expenditure of scarce
taxpayer dollars.

A recreational trail will generate a great deal of noise and activity very close
to a number of homes. This will be particularly true if it is a motorized
trail. The landowners believe that their property values will be diminished and
will undoubtedly look to the owner/operator of the trail for any damages
suffered by way of diminished property values and interference with the use and
enjoyment of their properties.

The Landowners are also extremely concerned about exposure to litigation and
liability as a result of anyone being injured on or near any trail. It is a
reasonable expectation that anyone who may suffer any injury while using the
trail will commence legal action not only against the owner/operator of the
trail but any adjoining landowner if there is any issue as to the boundary and
or title to the trail.

There are also concerns that if a trail is established it will provide easy
access to now remote homes. This creates a security concern for those
landowners.

In closing, we wish to make it perfectly clear that the Frontenac Landowners are
not "anti trail". There are many areas where trails are perfectly appropriate.
However, this corridor, in this group's view, is totally unsuitable for use as a
recreational trail.

The provincial government, after extensively reviewing this corridor, decided
not to acquire it. In this group's view, the municipality should follow the
provincial government's lead. To acquire this corridor will result in the
expenditure of significant scarce taxpayer dollars and significant exposure of
the municipality to liability and legal action. As well the lives of the
adjoining landowners will be irreparably harmed. In our view this is not a good
and appropriate use of scarce resources.


Peggy Hurley asked if the Township does not purchase the line can another
organization buy it. She indicated she would rather have the Township take it
over rather than a stranger. It is being used as a trail whether people are
trespassing or not and it would be safer if it was controlled.

Councillor Jack Nicolson questioned whether or not the parcels where clear title
is not available, could K & P have received clear Title. Mr. Bastos responded
that K & P didn't care and there is a real issue that those particular land
owners can say Bell has no claim to that land.

Ken Hollywood indicated Ball Canada bought the right of way from him and CP had
nothing to do with it and from his neighbours as well.


Frances Thurlow indicated that some of the land owners did sell rights of ways
to Bell and Bell would never allow anyone to use it.

Art Cota stated he owned 1/2 to 3/4 of a mile along the track bed and CP used it
for 100 years with no deed. He said it would be impossible to get from Bob's
Lake to Ken Hollywoods because it is privately owned. He has 2 houses sitting
on the track bed and would not allow snowmobiles to go through the houses and
besides he stated the country folk do not want people tramping through our front
yards.

Mr. Bastos stated that professional people purport to have the answers but they
need to walk the property as there are some areas there are no solutions.

Art Cota Jr. stated that if land owners owned the track bed they would then have
the authority to allow or disallow users.

Stacey Clow expressed concern that 'why should it have to be used as a trail'.

Art Cota stated he feels the answer for the property is to re-use it as a
railway and put trains back on it.

Mike Thompson stated that if we are tax poor now why not purchase the land and
deed it back to the land owners.

Georgina Bush asked who the railway purchased the land from. Mr. Bastos replied
that most of the land was purchased in the late 1800's and some of it for
$385.00. Ms. Bush stated that her father said the land was only leased and
would go back to the landowners when it was no longer used as a railway. Mr.
Bastos advised that if this were the case there were no leases registered at the
Registry Office.

Patty O'Connor asked Council to consider purchasing from Bell and deeded it back
to the landowners.

Wade Leonard wanted to clarify his disagreement that if a trail is managed all
of the problems will go away. He shared his experience of a near mishap where
he was almost hit by a truck while accessing his farm field. He contacted Bell
and the immediately put up barriers. He stated that Bell has responsibilities
and they have to do something about it.

Frances Thurlow advised that there was a wonderful write up on the internet
about the K & P and stated that bugs are a problem if being used for a walking
trail. She also clarified that private owners are offered ownership before the
organized groups which she read from information received from the Ontario
Federation of Agriculture. Mayor MacDonald asked that if any of the property
owners had information which could assist Council in making a decision it would
be appreciated if it could be shared.

Art Cota stated that Bell Canada wants out of it for $1.00 to get rid of the
liability and why would the Township want to take this liability on. Where
there is one person using the land now if it becomes a trail there will be 200
people using it. He stated he has a stand of trees and is afraid of fire if a
careless cigarette were discarded.

Ken Hollywood asked whether or not there would be an alternate route if the K &
P line was not available.

Art Cota indicated there is no way to get around the property from Bob's Lake to
Ken Hollywoods.

Georgina Bush stated that if the police can't police it now how would they
police it if it becomes a trail. Ms. Bush asked how the economic spin off would
benefit the individual land owners.

Patty O'Connor indicated that snowmobiles have been clocked at 80 m.p.h. now on
the lake and on the track bed, 'how can I spend the rest of my life listening to
that?'

Ian Cameron stated that his fences will be ripped down as trail users have no
respect for the adjoining land owners. He rents his field to a prominent farmer
and he can't have trail users damaging his crops.

Mr. Bastos stated that what he was hearing was that the people want to own the
land themselves and suggested that Council obtain legal advice about the
abutting landowners owning the land. If Council's intention is to acquire the
land for a trail why not acquire and deed it to the landowners. Whatever
decision you make get all of the information and don't just use information from
those interested in making it a trail. There may very well be economic spin off
for businesses in the Township but how much and is Council prepared to trade
away for one dollar the quality of life of these people.

Frances Thurlow asked if anyone knew what it is like to live in an old house and
have that noise there.

Stacey Clow asked if there was any financial gain for the township. Mr. Clow
responded that the Sharbot Lake Hotel would benefit but who would stop in
Tichborne for anything.

Frances Thurlow advised that the land owners along the Bruce Trail lost their
right to do what they wanted to do with their land.

Bill Thurlow stated that Stirling passed a by-law to prohibit snowmobilers -
why. This is a cost to the taxpayers.


Mayor MacDonald once again thanked everyone for coming and for sharing their
concerns.

The meeting adjourned at 8:20 p.m.