Huntsville Council agrees to move forward with a Court Order for Pitman's Bay
Huntsville Council agreed to move forward with a Court Order for Pitman’s Bay, in the January 27, 2025, meeting.
According to the staff report, because of ongoing discussions about matters involving the property, staff sought direction to obtain legal advice, which resulted in a recommendation to apply to the courts to have the trust “wound up” regarding the Town’s obligation as a trustee.
It indicates that an agreement was established in 1951 which included the Town as the trustee, with the understanding that they continue to operate the property for youth purposes and pending input from the Church Board. However, the Town was recently informed by three churches that they had no record of being on a management board and resigned themselves from responsibilities and obligations, making it more essential for the Town to “wind up” the trust.
It continues that legal costs have been estimated from $12,000 to $15,000 from the CAO Operating Legal Budget.
Council members debated about whether it was necessary to pursue court considering they have been the trustee of the 50-acre property since the initial agreement, including maintaining, caring for it, and honouring the youth only intent.
Staff advised that the agreement may not remain valid because the board as stated in it doesn’t exist to review the By-law, therefore, there would be no consensus.
Operations Manager, Colleen MacDonald, also emphasized the importance of streamlining for decision making moving forward to ensure they are honouring the purposes and intent, which can be challenging given that “people have different visions.”
Council members indicated that they have also been met with public feedback with concerns about the agreement being abolished and the land potentially being sold one day.
They agreed about the importance of maintaining the property for youth and ensuring they have a solid agreement in place moving forward.
Councillor, Monty Clouthier, suggested, “Keep moving forward, everyone’s protected, [and the] community’s happy because we never sell it.”
Councillor, Jason FitzGerald, emphasized the importance of maintaining the quality of the land. He said, “The water quality and the use there is paramount. If we got too much going on there well then, we have a water quality issue, we have another lake at risk.”
He expressed the importance of maintaining the status quo regarding current use of the property, which is “reasonable.” He said, “It’s pristine and beautiful and preserved as it is. So, we have to proceed with caution here and unfortunately, I think that the 1951 agreement leaves us open to possible situations that aren’t fully in our control as a municipality that has looked after this property in good faith for so many years.”
He continued, “We want to get it right. We have to make sure we have all the bases covered.”
Council members also expressed concern about delaying processes for use of the land given potentially lengthy court procedures, so they agreed to add a clause to ensure the lands be dedicated for youth intentions only.
Deputy Mayor, Dan Armour, expressed appreciation that the issue is being dealt with now rather than in the future where a potentially different Council may have “new attitudes.” He added, “So we need to lock it down now and this is our opportunity.”
The matter will continue to return for ongoing discussion by Council and for public consultation.
