On November 14, dignitaries and staff from the County of Frontenac and the Township of Central Frontenac, along with representatives from the Eastern Ontario Trails Alliance, gathered with local supporters and sponsors of the K&P Trail for an official ribbon cutting ceremony in the hamlet of Tichborne. The ceremony celebrated the completion of phases three and four of the trail, which brought it to Tichborne.

Deputy Warden of the County of Frontenac, Dennis Doyle, thanked the members of the previous county council, specifically Janet Gutowski, Gary Davison, Jim Vanden Hoek and Ron Maguire, who Doyle said “had the vision to form a trails committee back in 2007; [the committee's] members then formed the Trails Master Plan that developed and opened the K&P Trail, which now travels from Lake Ontario to Tichborne.”

Doyle also thanked Ann Prichard of the Frontenac Community Futures Development Corporation, who over a number of years has assisted by securing over $250,000 in funding for the project.

Cindy Cassidy, general manager of the Eastern Ontario Trails Alliance, has been working on the trails master plan since its earliest days. She estimates that over 25,000 people are using the trails, which has created over 70 jobs, and that trails users are spending upwards of $6 million while en route. She anticipates those numbers to grow.

Local business people, Wayne Robinson and Marcel Giroux from W.A. Robinson Asset Management Ltd., made a cheque presentation to Doyle at the ceremony. The company has generously supported the trail project and has donated $25,000 over five years.

Also present was Wilburt Crain of Crains' Construction, who worked on the trail.

Mayor of Central Frontenac, Frances Smith, also spoke and promised that this term council will get the trail to Sharbot Lake.

Ann Marie Young, manager of economic development with the county, said she was thrilled to be part of “such a tangible, exciting project that so many people will benefit from and enjoy”. She said the trail would encourage economic development by bringing walkers, runners, skiers, ATVers, snowmobilers, and cyclists to the area.

Also present and thanked at the event were members of the Lennox and Addington Ridge Runners Snowmobile Club, who assist with regular grooming and signage; and trail maintenance volunteer, Wayne Bush, who reminded drivers not to drive cars on the trail.

Future phases of the plan will bring the trail to Sharbot Lake and beyond, and the planners are hoping that the 20 private property owners between Tichborne and Sharbot Lake will cooperate by allowing the trail to make its way sooner rather than later to Sharbot Lake.

The newest stretch of the Frontenac K&P Trail from Craig Road north of Verona to the village of Tichborne is now complete and to mark the occasion, all trail users and supporters are invited to join County of Frontenac Warden Denis Doyle in the official opening ceremony on Saturday, November 14, at 11 am at the trail access point on Fream Street just east of Highway 38 in the village of Tichborne.

The new section is approximately 20 kilometers long. It includes bridges over White Creek, Elbow Creek and Fish Creek. The work on this stretch began in the late summer of 2014.

“I am very excited to be present at the opening of this gorgeous stretch of the K&P Trail,” said Doyle. “This event marks the completion of our 2009 implementation plan and we completed it on time. Now we are looking forward to 2017 and completing the next phase, which aims to bring the trail to Sharbot Lake,” said Doyle.

The K&P Trail is already open to a variety of user groups including hiking, biking, skiing, horseback riding and snowmobiling. And, contrary to more southern parts of the trail, this Verona to Tichborne section is accessible to motorized vehicles year round as ATVs are allowed on this stretch.

This latest development is partially funded from the Frontenac Community Futures Development Corporation (FCFDC) in partnership with the Eastern Ontario Trails Alliance.

The County of Frontenac’s development of the K&P Trail began with major land acquisitions in 2007. In 2009, a Trails Master Plan and Frontenac K&P Trail Implementation Plan were approved by County Council. Annually since 2009, trail network development has been identified as a priority project through the County’s Integrated Community Sustainability Planning process.

Funding from the Canada 150 Infrastructure Program has been secured for the County’s next build which is to complete from Tichborne to Sharbot Lake by 2017, a missing gap for the Trans-Canada Trail.

For more information about the County of Frontenac portion of the K&P Trail or to report fallen trees or other disruptions to the use of the trail please contact Anne Marie Young, Manager of Economic Development by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. or phone 613-548-9400 ext. 330

It's a curious title for a book, “In search of the K&P”, as if the one time 112 mile rail line from Kingston to Renfrew (it never made it to Pembroke as originally intended) was some kind of mythic entity.

The title is explained in the preface to the book, which was published in 1981. The writer, D.W. McCuaig, recalls that when he first moved to the Ottawa Valley in the 1950s he was taken for a drive on a back road in Lanark County and came upon a train pushing though the bush.

“I vowed I would travel on that train,” he recalls, but never got the chance because the line closed down shortly thereafter. The book was written as an attempt to recapture the reality of a train that had attained a kind of ghostly status for him.

In the almost 25 years since “In Search if the K&P” was written, those who remember the line, which has now been gone for over 50 years and was in its heyday long decades before that, are also becoming a vanishing breed.

Building a rail line to link Kingston to Pembroke was just an idea in the minds of some businessmen in Kingston in the late 1860s. It was only mentioned publicly in newspaper accounts in 1870 and by April of 1871 it was chartered. Unfortunately the enthusiasm over the line did not translate into instant success when it came to building it. It took 12 years to complete 112 miles to Renfrew.

But in the beginning there was wild enthusiasm in the business press of the day over a rail line that would be able to deliver goods from Kingston to far-flung markets, and bring ore and lumber to Kingston for processing.

An editorial in the Kingston Daily News, published on January 7, 1871, saw opportunity: “The prospect of a railway to Pembroke is so promising to the interests of Kingston that it deserves to be well agitated and considered ... If we can by means of railways communicating with the interior, feed the commerce of the harbour, Kingston would grow and prosper, and might not only become a great commercial but also a manufacturing centre.”

Then first step was to secure the support of the community of Pembroke for the K&P over a line that was coming that way from Brockville, which was accomplished, and the second was to convince the communities along the line that a train would be of benefit. Public meetings were held in many of the communities along the Frontenac route, including: Harrowsmith, Hartington, Verona, Godfrey, Parham and Sharbot Lake. Business leaders from each town talked about the potential benefits for trade and the communities; all supported the K&P. Frontenac County even put $150,000 towards the line.

However, there were a number of setbacks as the line was being built, mostly because of finances and geography.

The first contractor that was hired was GB Phelps and Co. who were also investors in the company. Work proceeded slowly, and a worldwide economic depression that started in 1873 did not help matters at all. Phelps defaulted and disappeared and four years after that rosy editorial, there were tracks in place but no train had ridden them.

In 1875, GW Flower from New York entered the picture, and by June of that year the first train had travelled from Kingston to the Glendower mine near Godfrey. By the following spring, the line had reached Sharbot Lake, and by 1878 it had made it to the Mississippi River.

A series of setbacks, including labour disputes, vandalism, accidents causing serious injuries and death to workers, steel rails sinking in the St. Lawrence, and other problems caused problems for the construction of the line as it progressed through more and more difficult terrain towards Calabogie and beyond.

Somehow, however, by 1884, the K&P had reached Renfrew, which was destined to be its farthest reach.

Over the next 30 years, while it was still an independent railroad, the K&P fulfilled, in some measure its promise as an economic driver for the communities along its route, bringing goods and services from the south and delivering iron and other minerals as well as lumber to Kingston and beyond.

And in 1891, on June 11, the K&P delivered its most famous cargo, the remains of Canada's first prime minister, Sir John A. Macdonald, from Sharbot Lake Junction to his home in Kingston. Macdonald had been involved in the building of the K&P, in a discreet way, and his law partner in Kingston, Sir Alexander Campbell, was very public in his promotion of the line in the early 1870s.

“In Search of the K&P” describes that ride in the following manner: “The train travelled very slowly, as it passed through Parham, Verona, and all the rest of the locations along the K&P. Farmers working in the fields stood 'at in hands with bowed heads' as the train passed them, and the Kingston Whig of the day tells us that 'crowds at all the stations begged vainly for flowers from the funeral car as a memento. They had to rest content with breaking off scraps of similax from the outside of the car.'”

(End of part 1. In part 2 we look at the CPR years)

Last week, it was reported that Federal grants under the Canada 150 program were going to Frontenac townships.

Below is the complete breakdown of grants in Lanark Frontenac Lennox and Addington, including a grant that was just received by Frontenac County.

Carleton Place -$67,000 of funding is being provided to the Carleton Place Town Hall

Perth – The Table Community Food Centre will receive $45,600

Township of Central Frontenac - will receive $110,000 towards a new Community Centre & Library in Mountain Grove

Smiths Falls - $22,500 of funding for the Smiths Falls Public Library and an additional $60,920 in funding for the Smiths Falls Town Hall Tourism and Economic Development Centre

Township of North Frontenac - $23,000. The funding will be used to renovate the Snow Road Community Centre

County of Frontenac - $247,000. The funding is going towards the completion of the K&P trail project, which will link the Cataraqui and Trans Canada Trails when the section between Tichborne and Sharbot Lake is completed.

Close to 50 trail users and numerous members of staff from the County of Frontenac and Township of South Frontenac, along with other dignitaries attended the festive official opening of Phase ll of the Frontenac K&P Trail, which took place at the bridge at Hardwood Creek in Verona on August 9.

The K& P trail is part of the Trans-Canada Trail in Ontario, which extends over 2000 kilometres and connects numerous communities across the province from Windsor to Ottawa. This phase completes one of the last gaps of the trail in Ontario. South Frontenac Councilor Allan McPhail, who has chaired the County of Frontenac Advisory Committee for Trails, has seen the trail expand from Orser Road in Kingston up to Verona in his four years as chair. Phase ll of the project extended the trail from Harrowsmith in an 11 kilometre stretch to Verona and included the rebuilding of the Hardwood Creek bridge, which had been removed by the trail's former owner, Bell Telephone.

According to McPhail, the replacement of bridges has been one of the major obstacles along the way as they are by far the most expensive part of the rebuilding project. Phase ll was funded significantly through Trans-Canada Trails and the Government of Ontario through the Pan Am/Parapan Am Trails initiative.

MPP for Kingston and the Islands, Sophie Kiwala, congratulated all the parties involved and said that the Frontenac County section of the trail is a great investment. It will not only link up sections of the Trans-Canada Trail but will also connect the trail to four major game venues and will incorporate trail markers at points of historical and cultural significance. "This trails investment is part of the broader $42 million Pan Am/Parapan Am Games promotion celebrations and legacy strategy, which will ensure a lasting legacy and will benefit Ontarians all across the province,” Kiwala said.

Al MacPherson is president of the Kawartha Trans-Canada Trail Association and chair of the board of the Trans-Canada Trail Association. He is a professor and author and is passionate about Ontario trails. He spoke of the inception of the idea to build a Trans-Canada Trail, which came about in the year 1992 at a meeting he was at in Banff, Alberta. “Everyone in the room said yes, but everyone outside that room didn't agree. But now here we are, over 20 years later with the trail 75% complete.” He also spoke of the beauty of this particular section of the trail. He is committed to developing trails because, “They are gateways to nature, to active living and they also help preserve and showcase the natural beauty of this beautiful country of ours.” He credited the communities of Frontenac county that have enabled the Phase ll project to happen.

The next phase of the extension, Phase III, will take place this fall and will include reconditioning the trail up to Cole Hill church located at White Lake Road north of Godfrey. After that the trail will be extended through Tichborne where it passes across private property before finally reaching Sharbot Lake.

Regarding negotiations with the private property owners in that section, McPhail said that the county has been in contact with them through letters and other communications yearly in the hopes of beginning official negotiations in the near future. McPhail hopes that the county will be able to reach an agreement with those property owners so that the trail can proceed with as few obstacles as possible. His message to those property owners, "If the trail is not right beside your home, and you have a large property, please consider allowing the trail to pass through.”

Following the ribbon cutting ceremony guests enjoyed cake and free wagon rides courtesy of Wayne Garrison and his able horse team of Prince and Skittles.

Feature article, May 19, 2005

Feature article May 19, 2005

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Eastern OntarioTrails Alliance tries again at North Frontenac Counciland other items from Council

by Jeff Green

Cindy Cassidy of the Eastern Ontario Trails Alliance (EOTA) appeared once again before North Frontenac Council last Thursday, for about the fourth time in the past year she recounted, to propose a partnership between North Frontenac and EOTA.

Cassidy outlined the success EOTA has had in promoting tourism through the development of trails for ATV touring. Through partnerships with municipalities, EOTA has developed an ATV trail system that links communities such as Bancroft, Tweed, Belleville to Sharbot Lake and the edge of Perth and North to Calabogie.

EOTA is interested in working out an arrangement whereby its members, who pay a $125 annual fee, can obtain legal access to the Crown Land roads that are managed by North Frontenac under an agreement with the Ontario Ministry of Natural Resources. Currently, the township charges $40 for non-residents and $20 for residents to make use of Crown Land access roads either with cars, trucks, or ATVs.

In exchange Cassidy said that EOTA would provide funding for road maintenance on those Crown Land roads.

EOTA has been a government funding magnet. Cindy Cassidy described a $160,000 marketing campaign that is underway this year through ATV Ontario, with billboard ads in major centres, heavily distributed maps, and other advertising initiatives.

Council expressed concerns that entering into a partnership with EOTA would jeopardise the revenue they currently receive through the Crown Land Stewardship Programme.

To this Cindy Cassidy responded by saying, We are prepared to help with maintenance costs. We need you to let us know what kind of arrangement would be in your interests and we can work something out.

Other concerns of Council centred on the environmental impact of ATVs on a sensitive wilderness area.

Deputy Mayor Gleva Lemke said if we do increase ATV use, there is a danger that the Madawaska Highlands Land Use Committee might shut it down. There are various environmental sensitivities within the area.

There is an ATV club that has its base in North Frontenac, The Ottawa Valley ATV club, which has 100 members currently, according to its President, Michael Pastor. The club buys crown land passes from North Frontenac for all its members, and they also join EOTA, allowing them to ride in North Frontenac and throughout the EOTA trails network. Pastor appeared at Council with Cindy Cassidy, encouraging Council to take up a partnership with EOTA to make things simpler for his association, and as a way of promoting ATV trails and tourism in North Frontenac.

Currently, Pastor told the News in a subsequent interview, members of the Ottawa Valley ATV club pay a $110 membership fee. The club then purchases a $40 pass from North Frontenac and pays $60 to EOTA for a pass to the EOTA trail system.

But it is a cumbersome system, Pastor said. Its in everyones interest for people to join ATV clubs, participate in proper trail etiquette and pay a share of trail costs. Wed like to see the township move in that direction by partnering with the Eastern Ontario Trails Association.

The greatest economic impact of the Ottawa Valley club in North Frontenac is in Ompah, where on some weekends Alices place is really hopping and Double S Marina has line-ups for gas. The impact is minimal in villages like Plevna, which do not have trail access.

People can get to Plevna by riding the roads, (North Frontenac passed a bylaw permitting ATVs on roads this past winter), but nobody wants to ride the roads; we prefer trails, Pastor said.

Councillor Will Cybulski expressed the concern that the roads in question are managed by the township, under an agreement with the Ministry of Natural Resources, to enable access to camping and fishing locations on Crown land. Our agreement says nothing about ATV trails, or ATV tourism. We would have to get an opinion from the MNR before we went ahead and changed the use of the roads, Cybulski said.

A report from the Crown Land Stewardship Program Committee recommending that the township refuse to enter into an agreement with EOTA was scheduled for consideration by Council later in last weeks meeting, but since Cindy Cassidy had brought new information about potential benefits to the township that could come with a partnership, it was decided the committee should reconsider the matter.

The Crown Land Stewardship Program, which was intended as a break-even program for the township, has lost money every year since it has been in place.

Clar/Mil Fire Hall Report

The Fire Hall Task force brought another report to Council. They recommended that Council revisit a Request For Proposal process they had undertaken a couple of months ago in order to solicit proposals for pre-engineered buildings. The previous process had been for design of a renovation to an existing building and the construction of a new building. One of the bidders submitted an extra proposal for a pre-engineered building that proved attractive, and the task force would like to see further proposals for that type of structure. Council is in the throes of a difficult budgeting process; they have had several long meetings on the budget in recent weeks, and a public meeting scheduled for two days after the council meeting, so they decided to defer any further decisions on the Clar/Mil Fire Hall until after the public meeting. Budget deliberations should be completed by the end of May. Any consideration of a large project like Firehall will be dependent on the townships financial position. So far Council has approved, but not spent, $24,000 for the design stage of the project. $8,000 of that money is being supplied by fundraising dollars from the Clar/Mil Ladies Fire Auxiliary.

At the public meeting on May 14, the Fire Hall issue was discussed at length, with proponents and opponents of the new Fire Hall Project arguing their case.

Policing Task Force Will Cybulski presented the final report of a Task Force on Policing that has been meeting throughout the winter. The township has at its disposal two options as regards policing arrangements with the Ontario Provincial Police. They system already in place, which is known as status quo policing, by which the OPP provides a level of service determined by their current practices, or a policing contract, through which the township could pay for whatever level of service they deem necessary. Given the size of the township, and its tax base, the task force concluded that a policing contract would increase the policing budget by several hundred thousand dollars each year, and recommended maintaining the current arrangement, with one alteration. It recommended that the township set up a Community Policing Advisory Committee to meet with the OPP detachment on a regular basis. A motion to that effect was passed, and will be forwarded to the OPP to start the ball rolling on setting up a committee.

Replacement Councillor

The deadline for applications to replace Councillor Hook, who recently resigned, is today, May 19. As of Tuesday, there were reports that two people were applying for the job. Council is expected to appoint a Councillor quickly, perhaps this afternoon.

Feature article, May 19, 2005

Feature article May 19, 2005

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Addington Highlands approves 2005 budget

by Jule Koch Brison

The tax rate for the Township of Addington Highlands will basically stay the same for 2005 after Council approved the 2005 Budget at its May 16 meeting in Denbigh.

However, due to a 10.2% increase in County taxes, which accounts for 1/3 of the tax levy, ratepayers will see higher tax bills.

The increase would have averaged about $50 per household; however Addington Highlands has also received a one-time $51,000 provincial grant, which is mostly an adjustment for 2003 and 2004 policing costs.

Council decided, in a 3 to 2 vote, to take $10,000 out that grant and apply it to offsetting the tax increase. This will reduce the increase by around $10 per household.

Councillors Eythel Grant and Bill Cox opposed the decision, arguing that a $10 break for taxpayers is minor and the entire grant should be put into general fund reserves.

Deputy Reeve Lorraine Berger said, It might not sound like much, but it could mean a lot to some people. Reeve Hook and Councillor Louise Scott agreed, and a motion to apply $10,000 to decrease the tax levy and put the remaining $41,000 into reserves was passed.

In the end, County residential taxes have been increased from $471 (for every $100,000 in assessment) in 2004 to $522.50 in 2005, while township taxes have been decreased from $679 in 2004 to $674.80 in 2005. The education tax rate has remained the same at $296.

This will result in a cumulative tax rate of $1,493.30 for every $100,000 of property assessment, an increase of $47.

Delegations: EOTA seeks ATV loops in AH

Cindy Cassidy, General Manager of the Eastern Ontario Trails Alliance, and Andy Anderson, owner of the Kaladar Hotel and Restaurant came to council, seeking the use of certain AH roads to make bigger loops for ATV travel in the growing multi-use trails network.

The roads include the Old Addington Road from Kaladar to Flinton, the ODonnell Road, the Flinton Road, and others.

Reeve Hook pointed out that ATVs are not allowed on the Flinton Road, as it is a County road, but Cindy Cassidy said that EOTA would ask the countys permission to use it since it is north of Hwy 7.

EOTA carries $5 million in liability insurance, and the townships solicitor will examine EOTAs insurance policy. If we would be in the clear, then theres no reason why we shouldnt endorse this, said Reeve Hook.

Cindy Cassidy stressed that EOTA volunteers work very hard to keep the trails safe for ATV travel, keeping them well signed, cutting brush, fixing holes, etc., and EOTA also pays for some of the maintenance to be done. ATV use is growing 4 to 1 over snowmobiles, and trail permits are expected to generate over $120,000 this year. This will greatly help in maintaining the trails.

Cindy Cassidy told of a motel in Tweed that has tripled its business since it adopted ATV packages. Andy Anderson said that at his business, Im turning away about 50 ATVers a week that would like to go north. They turn around and go back down. This is so important for the economy.

Cindy Cassidy said that the Trails Alliance works closely with the local OPP detachments and health units to educate riders and promote ATV safety. The Canadian ATV Association is also developing an environmental program.

Council will wait to hear from the townships solicitor about the insurance issue.

Later in the council meeting, Roads Supervisor Royce Rosenblath wondered if the township could have a quid pro quo arrangement with EOTA whereby landowners could also use the trails to access their properties.

LITTERING

Councillor Cox is looking for ideas on how to stop littering. He asked if the fines could be raised, but Reeve Hook said that the amount of fines have to be approved by the Attorney Generals office. Cox even considered a Snitch Line, but Reeve Hook said that informants would have to testify and it basically would come down to one persons word against another. Councillors agreed that it was necessary to educate the children. Denbigh Public School students have recently cleaned up the village, but Reeve Hook said he was appalled by the amount of garbage at NAEC.

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August 11, 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

Central Frontenac Council meeting - July 8

by Jeff Green

A representative from the township’s auditor KPMG of Kingston made an informative 45-minute presentation to Council.

In short, everything seems to be in order. All eight township Councillors, the Mayor and two senior staff in attendance, remained attentive and awake throughout the presentation. The same cannot be said for the audience.

L&A County Trails – Eric Roberts and Hollee Kew from Lennox and Addington County appeared before Council to clarify an earlier request. As part of a fitness trail initiative by L&A County Council, Roberts and Kew requested that Central Frontenac permit the posting of signs on the Trans Canada Trail between Kaladar and Arden, and along the Arden-Tamworth road to the L&A borderline. This will allow the creation of the Sheffield trail, the second longest of 12 trails being created throughout L&A.

Councillor Jack Nicolson said, “I think this means we are going to have ATVs on the Arden-Tamworth road.”

“This has been under development for four years,” Eric Roberts assured Nicolson, “and it’s a fitness trail, not an ATV trail.”

Other councillors had also confused the Lennox and Addington fitness trail initiative with ATV trail initiatives. Once Steve Roberts had pointed out the difference, all previous objections disappeared.

“I think it’s an excellent proposal,” said Councillor Janet Gutowski. “Statistics bear out the benefits to these kinds of trails.”

Hollee Kew, Economic Development Manager for L&A, said, “What’s in it for us is we want a loop. People prefer to keep going in one direction rather than having to turn around and go back.”

As part of this initiative, Lennox and Addington County has embarked on a program of adding paved shoulders to their County roads as they get re-paved. However, this is not taking place on County Road 15, the part of the Arden-Tamworth Road that is in L&A. It is being repaved, but a paved shoulder is not part of the reconstruction plans.

“On this particular trail, it is being made clear in our publicity that there are no paved shoulders on that part of the trail,” Kew said.

“There are parts of the Arden - Tamworth road in Central Frontenac that are gravel, and very narrow,” Councillor Logan Murray pointed out, referring to one of his most enduring peeves with the rest of Central Frontenac Council.

The 12 fitness trails are designed for cyclist, runners, and walkers, and are designed to highlight tourist attractions throughout L&A. Only three of the trails are located north of Tamworth; the Sheffield trail at 78 km. and the Buckshot Trail, 102 km, being the two longest trails in the system.

The Sheffield trail is described as “the transition route” between southern farmland and Canadian Shield landscape in a proposed trail publicity map. “As you travel north, the landscape changes rapidly. The hard road surface and fields give way to gravel road, granite, and evergreens as the trail meanders along the southern edge of the Canadian Shield,” the publicity continues on to say. Although it contains warnings about the construction on L&A County Road 15, the publicity makes no reference to the condition of the portion of the Arden-Tamworth road that is located within Central Frontenac.

A resolution allowing Lennox and Addington to post signs along the Sheffield Trail within Central Frontenac was approved unanimously.

Garrison Shores - Maurice Woodcock, a resident of the Garrison Shores development on Garrison Lake, west of Arden, came to Council to find out whether there has been any progress in resolving a long-standing legal problem at the development. The Garrison Shores development, a remnant of the early 1980’s, originally included in excess of 100 lots on the small lake, now down to about 35, and has been in legal limbo for many years. Woodcock expressed his frustration over the situation.

“We haven’t had an update or any correspondence from your attorney for a long time,” Woodcock said. “We still don’t have deeds to our properties, even though we’ve been paying taxes to the township for many years. Kennebec and Central Frontenac have refused to give us a deed.”

Bill MacDonald said he understood Woodcock’s frustration.

“It’s a work in progress. Our planner and our lawyer have been working on this. We expect a report from our planner in early September.”

Maurice Woodcock said that the township wanted the existing lots at Garrison Shores to be 1.5 acres in size. “There is no way to accomplish this,” he said. “There isn’t enough land available.”

Councillor Jack Nicolson, brandishing a thick folder that he said contained his Garrison Shores files, pointed out that this issue has been before Council for way too long.

The development has never conformed to zoning bylaws, and has been the subject of litigation in the past. The original developer is long gone, and an attempt to legalize the lots by setting up a plan of condominium was sent to County Council 2 years ago. That was apparently rejected, and Woodcock’s frustration seems to be shared by Council.

“Meanwhile, people don’t have deeds and their properties are worthless. You can’t sell a property without a proper deed,” Woodcock said.

“All I can ask is for a bit more patience,” said Bill MacDonald. “We want this resolved as well.”

Business Signs – the Ministry of Transportation has rejected a request from Central Frontenac Council to have a “business section” panel added to the sign for Road 38 at Hwy. 7.

“The Ministry only signs ‘Business Section’ where there are multiple access points off a highway into a municipality. In this case, there is only one access point off Highway 7 that the Ministry has already placed signs. Therefore we are unable to comply with your request,” wrote Christine Smith, Traffic Operations Analyst, in a letter to the township.

This response did not please Council.

“The problem is that people driving by on Highway 7 do not know that there is a business section in Sharbot Lake. This is something that comes up at every business breakfast we hold,” said Councillor Janet Gutowski. “I think we should pursue this further.”

Building boom gathering momentum – A report from Chief Building Officer Ian Trickett for the month of June shows that building activity for the month, and the year thus far, have far exceeded activity in previous years. The total number for permits in June, 39, was up 17 from June ’04, the construction value for those permits, $1,826,000 is up from $545,000 in ’04, and the number of new residential units in June is 12, compared to 3 in ’04.

The figures for the year date show that permits for 29 new homes have been issued, as compared to 20 for the same period in 2004 and 14 in 2003, and the total construction value was $5,151,000, as compared to $2,693,000 for the same period in 2004, and $2,171,000 in 2003.

Feature Article - August 18, 2005

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August 18, 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

The Line Fences Act and Rails to Trails

by Jeff Green

The Rails to Trails movement has been derailed in recent years by the application of Section 20 of the Line Fences Act, which requires that municipalities assume the entire cost of fencing trails along abandoned railway right of ways.

The provincial government, which supports the development of trails as part of their strategy for healthy living and rural economic development, commissioned a report by Wayne Caldwell on potential changes to Section 20 of the Line Fences Act.

Caldwell’s report, “The Line Fences Act and Abandoned Rail Right of Ways” was released at the end of March and has been making the rounds of municipal councils this summer.

Caldwell gathered together municipal officials and representatives of the agricultural community at two meetings in early March to see if there was a way around the impasse between the two groups over the requirement to fence municipally owned abandoned rail right of ways.

The agricultural community was the group of landowners living along these properties that was consulted because two farmers from southwestern Ontario had forced the issue in the first place.

Even though the Line Fences Act is a centuries-old document, it had not been specifically applied to the Rails to Trails initiatives until a court case took place. In the case of Caiser (and others) vs. Bayfield and Tilsonburg, the Ontario Supreme Court upheld Section 20, finding that the municipalities had an obligation to construct fences when requested by a landowner

A second case, Grosvernor (and others) vs. East Luther Grand Valley, is still before the courts. In this case, the municipality has passed a bylaw to designate an abandoned right of way as a “highway”. The Line Fences Act does not require the fencing of boundaries between highways and private lands. Neighbouring landowners are contesting this bylaw on the grounds that it specifically attempts to circumvent the Line Fences Act.

While the report notes that it is strange that fencing was not required when these properties were active railways, but is required if they are to be converted into trails, it concludes that in the interest of farmers and others, fences will be required.

“While there may be arguments to the contrary, from an agricultural perspective the need for a fence adjacent to a trail may be greater than the need for a fence when it was an active railway,” the report says.

Some trail advocates, including Central Frontenac Councillor Bob Harvey, who was involved in the development of the Trans Canada Trail at Sharbot Lake, argue that municipalities should only be required to put up fences where trails are being developed adjacent to active farmland, and one of the report’s proposals would limit the requirement for fences to instances where trails abut agricultural land.

Caldwell’s report concludes that Section 20 of the Line Fences Act should remain intact. “The onus for fencing should continue to rest with the public authority,” it says.

The report includes a series of 20 options, which build from each other. Once it is established that the Section 20 of the Line Fences Act should remain in place, the rest of the options are designed to mitigate the potential costs to municipalities. They include establishing timelines for phased implementation of fencing requirements to minimise the impact on any single budget year. As well, one of options would allow for agreements between municipalities and landowners to forego the requirement for fencing where neither side sees a need.

While the report was written with a focus on the situation in south western Ontario and Grey and Bruce Counties, where there is prime agricultural land and the well-established Bruce Trail system, it cites the relationship between the Eastern Ontario Trails Alliance (EOTA) and the Hastings Federation of Agriculture as an example of a successful relationship between trail operations and farming.

EOTA has established 520 km. of multi-purpose trails that are part of a long-term ATV tourism strategy. While they have established agreements with farmers in Hastings County, a proposal to extend the EOTA trail system into North Frontenac and Addington Highlands has met with less success, over municipal concerns over the effects of ATV traffic on environmentally sensitive lands and un-maintained municipal roadways.

The K&P trail extension

Section 20 of the Line Fences Act is seen as a hindrance to plans for the extension of the K&P trail south through Frontenac County to join the Cataraqui Trail north of Kingston. The Council of Central Frontenac has recently been forced to pay over $30,000 for fencing along a section of the K&P trail that has been established for years to the north of Highway 7, and they are loathe to consider any southern extension without changes to the Line Fences Act.

Although Council received Wayne Caldwell’s report at their August meeting, they have yet to have a full discussion of its implications regarding a southern extension of the K&P trail to the border with South Frontenac.

The main focus for advocates of the K&P trail has been South Frontenac, and there are a number of complications to the South Frontenac piece that go beyond the Line Fences Act.

Portland District Councillor Bill Robinson has been an outspoken critic of the proposed extension of the K&P trail into his district.

“I am not opposed to trails,” he told the News in an interview, “but the big thing about the K&P trail is that the cost is staggering, and the taxpayers in Portland can’t afford it.”

Robinson pointed out that: two bridges have decayed along the trail; the surveying is out of date and incomplete; and some small parts of the old railway lands have been sold off.

“While I would be willing to sit down with anyone to talk about changes to the Line Fences Act, I should point out that the cost of fencing only represents about 20% of what it would cost Portland taxpayers to establish a trail,” he said.

Robinson argues that financing trails would not be done by the township as a whole, it would be left to the taxpayers in the districts involved. The K&P line does not run through Loughborough or Storrington Districts.

Councillor David Hahn, who is also a farmer living in Bedford District, takes a different view towards the K&P trail than does Bill Robinson. He sees the Line Fences Act as the major hindrance to developing the trail in South Frontenac.

“I will be disappointed if this report does not result in any changes to the line fences act. As it stands now landowners can use the provision to [place a very expensive obstacle in the way of the owner of the trail, sometimes simply in cases where the trail passes through swampland or bush land where there is no real need for fencing.”

As to the other concerns that Bill Robinson expressed, Hahn argues that many of the costs have not yet been determined, and that trails are a long term proposition, taking up to 20 years to develop.

“As to financing a trail initiative, I don’t think the costs will necessarily come to the taxpayers only in Portland or Bedford. Any money that is required would likely come from parkland reserve funds, which come from development fees and can only be used for capital recreation programs, such as trails. I don’t know how much is in the reserve for Portland, but there is $250,000 in Bedford’s reserve,” Hahn said.

Hahn is also not convinced that surveys will be needed before lands can be transferred from Bell Canada, the current owner of the lands, and he notes that there was a proposal from the Royal Military College to build a needed bridge on the trail as a part of their engineering program, at no cost to South Frontenac.

“Trails have been established in other places, in spite of obstacles. They take time, but they can be made. Why can’t that kind of thing happen in South Frontenac,” he said.

The City of Kingston is going ahead with the development of a non-motorized trail along the K&P lands within its jurisdiction. That trail will end at the South Frontenac border, about three kilometres shy of the Cataraqui Trail, which runs east-west and connects to other trail systems, including the Rideau trail.

Feature Article - August 18, 2005

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Feature Article

August 18, 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

The Line Fences Act isn't the only obstacle to Rails to Trails

Editorial by Jeff Green

Several years ago now, it was proposed that South and Central Frontenac should work to establish a multi-purpose trail along the abandoned K&P railway line that ran from south of Harrowsmith to Sharbot Lake.

With the Trans-Canada trail having been established on the old CN line running from Tweed to Sharbot Lake, the north-south K&P trail was seen as a natural way to connect this trail with the Cataraqui trail, thus ensuring that the Trans-Canada trail would have a good run through Frontenac County. Trails were, and still are, seen as a potential economic boon to a region that is starved for tourist attractions. With amalgamation in place, it seemed as if putting a trail in place was a good role for the new municipalities of Central and South Frontenac to play. There were also promises of funding support from the Federal and Provincial Governments, who have both expressed interest in trails.

Then the complications began to set in. Liability is a real concern for municipalities, as is the condition of the railway beds in South Frontenac.

And then there is the requirement to fence. There exists a century-old Act among Ontario statutes called the Line Fences Act. Section 20 of the Act includes a clear statement that municipal governments are required to put up and maintain fences if they purchase abandoned rail lines. This was being ignored as the Rails to Trails movement had been gathering steam, but in two cases in southwestern Ontario, farmers took municipal governments to court over fencing and won. Any municipality that decides to purchase an abandoned railway is required to pay the full cost of fencing the entire length of the trail. Since then, municipal governments have been more than wary of acquiring any abandoned rail lines.

It’s hard to see how the long, complicated set of proposals for amendments to the Line Fences Act will satisfy municipal concerns about the cost of fencing the proposed K&P Trail.

The proposal includes 20 options to make the fencing cost more palatable for municipalities, but municipalities will still be on the hook for 100% of the cost of fencing, at least in all cases where any land that is part of a farm, be it land that is in use for pasture or abandoned swamp land, abuts a trail.

The cost of fencing is high; the only way to recoup these costs would be through trail fees, and those revenues are tentative at best. For municipalities under pressure to keep taxes down, such as Central and South Frontenac, taking on large costs for fencing trails is simply not going to be acceptable.

In South Frontenac there are other issues to be considered as well. Part of the trail lands go through Verona, Hartington, and Harrowsmith, and there are questions about broken-down bridges along the old K&P line which must be looked at. The question of whether new surveys are required along the trail lines before the land can be purchased must be considered as well.

A major fly in the ointment in all of this is ATV usage of trails. Much of the push for trail development has come from ATV clubs, like the Frontenac ATV club and the Ottawa Valley ATV club, and most of the projections about permit fees financing trail operations, at least in eastern Ontario, are based on ATV use.

While ATV use of trails represents a potential economic boon to the region, ATVs are also noisy and potentially dangerous vehicles. When people argue they would not like a trail running behind their house, it is generally not the occasional hiker, cyclist or horse rider that concerns them; it is the ATVs.

Coincident with the report on proposed changes to the Line Fences Act coming to Central Frontenac Council, a letter from Daniel Zadorozny, who has a seasonal residence next to the existing trail near Sharbot Lake, also came to Council.

It reads, in part: “I would like to bring to the attention of Council a problem with the use of the trail adjoining our property along Sharbot Lake. There is a high use of the trail by four wheelers and motorcycles speeding at high rates of speed, causing a great deal of dust and noise when they pass our property and the property of our neighbours to the south. The speed of these motorized vehicles also poses a danger and hazard to walkers, their children and their dogs.”

Given all of the legitimate concerns about trail development in Central and South Frontenac, the limited changes being proposed for the Line Fences Act aren’t likely to make either municipality jump quickly back onto the rails to trails bandwagon

-JG