By Connie Tabbert
Editor
Garden Lake boat launch is turning into a party area again, and local residents don’t like that, having already called the OPP three times this summer.
Whitewater Region Township council reviewed a letter from Laurie Antoine, a cottager on Garden Lake., at its Sept. 3 council meeting. In the letter, she noted the situation at the boat launch, which is property owned by the township, is becoming misused and the OPP have been called three times due to partiers on the beach.
“…the misuse not only poses liability issues but safety, security, environmental and ecological issues as well. To alleviate the reliance on the OPP, perhaps stronger signage and a locked gate would rectify the problem,” she wrote.
Public works manager Bill Misener said he has never visited the property, so is not sure if there are any No Treaspssing signs posted.
Reeve Don Rathwell noted the township could be liable if the No Trespassing signs have not been erected. People do put their boats in at that area and the township never complained, he said. However, what the township didn’t want, was partiers going there. Although, he does remember partying in that area when he was a teenager.
“It’s a great place to go off the beaten path,” he said. “But, if something were to happen there, and we don’t have No Trespassing signs up, we could be liable.”
He believes there’s about 30 acres of land owned by the municipality
Coun. Joey Trimm suggested Councillor Allen Dick speak at the next Community Policing Advisory Committee meeting regarding this issue.
“If there’s a tragic event, we could be named,” he said. “Find out from the OPP what we can do help them,” he said.”
Chief administrative officer Christine FitzSimons questioned what advantage is there to the municipality in owning this land.
Reeve Rathwell said if the land were sold, the 20-or-so cottagers would not have access to the boat launch like they do now. Council allows the area to be used as a boat launch, but not for swimming.
“There is no use for that land,” Reeve Rathwell said.
In previous years, Reeve Rathwell and the OPP have gone together to cut a gate to get people in, because the township does have a right of way to its property over the private property that is there. Since Horton Township kept selling lots, it was necessary to go over private property, and that’s why the township has access to its property, he said.
However, he said, “The ideal thing to do right now, and I have a sister who uses it to put her boat in, but the ideal thing is to sell the lot or put up signs,” Reeve Rathwell said.
Mayor Jim Labow said one of the issues years ago, was that many of the properties had no deeded access across the right of way.
“We are allowing them to go in there and launch their boats but they don’t have deeded access to it, so if we sold it to a private individual, that person could effectively block access to boat traffic on the lake,” he said.
Coun.Dick said in 2010 he went down there and there were No Trespassing signs at that time.
“I thought the issue was dead and wouldn’t resurface again,” he said. “I agree with Mayor Labow, we definitely will have a problem there. I don’t know what the answer is, but there would have to be some kind of easement in there for these people because there is no other way of getting in.”
Coun. Trimm suggested it be looked at to see if all the land could be sold except for what is needed to provide access to the water. That would then discourage parties and other rowdy events happening there.
If the land were sold, it would have to be re-surveyed, Mayor Labow said.
Ms. FitzSimons wondered if the file should be sent to the lawyer for review, but that was turned down, because the information should all be in the file.
Coun. Trimm noted a lawywer was engaged years ago when there was similar trouble.
Coun. McLaughlin said he remembers much of the previous conversation, and he’s hesitant to sell access to waterfront.
“We had people change their road allowance so they would still have access to it,” he said.
“I thought we paid money…because we do have deeded access across the property,” he said. “If you go back to the records, we have deeded access, or right of way, it’s in our deed for our property.
“If you go back in the files and dig it up, a lot of this information, it’s in the file,” he added.
Once the information is available, it will be brought back to council.
