MINDEMOYA—The divestment of Wagg’s Wood property in Mindemoya to the Escarpment Biosphere Conservancy (EBC) took a major step toward becoming a reality with the passing of a motion by the Central Manitoulin property committee recommending to Central Manitoulin Council that it support in principle the transfer of the property to the Escarpment Biosphere Conservancy (EBC). As reported earlier this fall, a similar motion had been tabled by previous council to allow for the newly elected council to make a final decision on the issue. Dr. Roy Jeffery, a local director for EBC, was at last week’s property committee meeting. “As most of the councillors here tonight were here the last time we made a presentation, I would like to say there is considerable interest from many Mindemoya and area residents in the EBC taking over Wagg’s Wood property. I would just like to throw the discussion open for questions.”
“There seems to be broad-based, enthusiastic support for this (divestment) to take place,” said Dr. Jeffery, noting that letters of support have been received from Mindemoya Active Living Trails, the EBC, the Manitoulin Nature Club, the Manitoulin Streams Improvement Association and the Island Animal Hospital. Property committee chairman Councillor Dale Scott noted that there are two new members of Central Manitoulin council, Steve Shaffer and Angela Johnston (who both sit on the property committee). Both new councillors indicated they were in favour of opening the floor to questions of Dr. Jeffery on the proposal. Mr. Shaffer noted “I have three points I wrote down, one based on information from (Councillor Derek) Stephens brought up previously on how the EBC has got a bad rap—that once they are in an area, they infringe on other landowners’ rights. What assurance do neighbours (of the Wagg’s Wood property) have that the EBC will not infringe on their property rights?”
“I know this question is in the minds of several people,” agreed Dr. Jeffery. “I’m glad this question has been raised. I think it’s very clear from an operations point of view the EBC does not have the ability to influence or affect anyone else’s property, except the ones it owns. Because the EBC has a property does not mean it has any influence on any property neighbouring it.”
“I know there is a lot of confusion on this,” said Dr. Jeffery. “In part, this could because for example Niagara Escarpment committee controls development that can take place on the Niagara escarpment. They have something to say if something happens on property in that area. But this has nothing to do with the EBC or our properties. I can give you my own personal assurances that the EBC would not infringe on neighbouring property in the case (of Wagg’s Wood). We have no rights besides controlling the property the EBC owns.”
Mr. Shaffer said, “as you are aware Wagg’s Wood is an integral part of the local drainage system, and as part of the Drainage Act and any legal agreement on the property, would the agreement allow us (Central) Manitoulin to continue to maintain it?”
“Yes,” stated Dr. Jeffery. “I have talked to the executive director and I was assured it would be very important for the municipality to be part of this agreement. Managing the water flow would be part of the agreement and the municipality would want to make sure this is entrenched in the agreement. The EBC will have no problems with that.”
“The principal reason we (municipality) had acquired the property was to access the drainage flow,” stated Mayor Richard Stephens. We will have to insist that this is in the agreement.”
Mr.Shaffer then questioned what would happen if the EBC disbanded and was not longer in being, if the property would revert back to the municipality.
While Dr. Jeffery acknowledged he doesn’t know how that process is carried out, he explained the EBC is the largest land trust in Ontario, with almost 15,000 acres owned between Hamilton and Meldrum Bay. “It’s not likely the EBC will become insolvent. But, I think if the property did have to be transferred it would probably be transferred to another land trust in Ontario,” he explained. He said the property would need to continue to be conservation based.
Councillor Linda Farquhar asked, “do you think the EBC would be agreeable, if we reach an agreement (on the divestment) to include, if the EBC becomes insolvent that we have the first right to obtain it back?”
“There would be a question of legalities on how we operate as a land trust,” said Dr. Jeffery. “I can get the answer for you. But it could probably be part of the negotiations with the municipality. But I’m not sure whether we can give it back to the municipality. We have never disposed of any property the EBC has acquired.”
Dr. Jeffery had indicated there are 27 properties as nature reserves owned by EBC on Manitoulin, including three in Central Manitoulin. Most of these properties were donated, but he said he doesn’t think any were donated through a municipality.
Councillor Scott inquired as to whether, once EBC takes over a property, if they become the stewards for the property.
“Yes, I’m in charge of finding volunteers to carry out this work,” said Dr. Jeffery. He noted with the interest locally, “I won’t have to beat the bushes to find stewards (for the Wagg’s Wood property).”
It was at this point that Councillor Scott noted that with matters under Municipal Act Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. “We will be discussing legal advice,” he said, as the committee then went into camera.
After coming out of the committee of the whole meeting, Mr. Scott noted, “we had tabled this same motion last month and we’ll proceed with considering it again.”
Councillor Shaffer made the motion, in principle, noting that there are things the municipality needs to investigate and consider in terms of legalities before actually entering into the agreement.
“We will let our (municipality) look this over and we will have questions to be answered and homework to be done before the agreement can be signed,” added Councillor Scott.
The property committee, which included all members of council (except for Councillor Derek Stephens) passed the motion: “that we recommend to council to support in principle the transfer of the Waggs Wood property to the Escarpment Biosphere Conservancy.”
