2017 LEASE TERMINATION…

2017 LEASE TERMINATION.

The termination of leases in 2017 was a commitment made by a former Government to the people of this Province when the last lease extension was granted in the late 1980’s. It is regrettable that this promise is to be broken particularly as it was made following a full and lengthy public consultation process.

Rondeau is a rich and significant natural heritage resource that belongs to every citizen of this province. Private and exclusive use of public resources in provincial parks is an activity that needs to come to an end as a matter of public policy. The natural environment of Rondeau, its attributes for public recreation, habitats for so many rare, threatened and endangered species and its proximity to a significant population base pose many unique challenges for this park and its management. Private leases have been a part of Rondeau for many years but various public bodies that have examined the question have all advocated an end to leases at some point in time. Broader public support for private and exclusive use of parklands has changed since the initial leases were made available. The importance society places on special habitats, species and environments have changed through a greater understanding and knowledge. The ability to find a “replacement” for Rondeau doesn’t exist so if it is to be valued, if it is to be available to all the people of this province, if it is to be restored to provide a unique and internationally important environment the termination of leases in a fair manner is necessary and in the public interest.

It is understandable that this is an emotional issue for those that have been fortunate to have a cottage lot lease in Rondeau and particularly those who have had the unique and privileged opportunity of being there for some lengthy period of time. But for those who hoped that the promise was to be honored this extension will be a disappointment. They will not likely see the day that private cottages no longer occupy public parkland in this special place.

While some leases have been in a family for a long period of time, others were transferred following the profitable sale of a cottage since the last extension was announced. Clearly, the terms and conditions of the lease were apparent at that time and there could have been no misunderstanding about the length of the lease and the ultimate termination. Personal decisions to lease, speculate and invest rather than buy in a location where tenure is guaranteed are not reason enough to continue with private leases and for public parkland to be used in this manner.

Regrettably, the Municipality didn’t championed an initiative to develop an alternative location for a seasonal cottage community, full serviced with water, sewer and hydro, which would have provided income through sales of lots and annual tax revenues which are not currently collected from leases in the park. This would have provided a constructive, positive and collaborative solution with long-term benefits and certainty. The argument that termination of leases will cause undue hardship on the community and therefore shouldn’t happen merely supports the status quo and the inevitable result that parklands remain in private and exclusive use through these leases.

REVISED POLICY PROPOSAL

1.Lease Extension

A fair and equitable solution and one (life time lease) which has been used before in both private and public sectors.

For spouse and dependents registered on title (should a leaseholder pass away), another 28 year extension is very generous and provides ample time to enjoy an exclusive opportunity and make alternate plans for eventual lease termination.

Cottages are privately owned structures and the option exists for them to be moved at the termination of the lease. It has been done before and is a viable option.

Will this be a “new” lease or and extension? The legislation appears to suggest only and extension is permitted.

2.Definition

The “existing private cottage leaseholder” definition is appropriate.

3.Transfer

Leases should be non transferable except as described in the definition above.

4.Sale

Structures belong to cottage owners and they should be allowed to sell them on condition they are moved out of the park and the lease should have any automatic termination and non-transfer clause.

The province should continue to have the option to purchase as may be required. However, public funds should only compensate for the value of the structure (i.e. “bricks and mortar”) and some reasonable amount for the remaining time on the lease. The prime location of lots (S. Ontario, beach, accessibility, view, parkland, security, etc) and what would ordinarily add a substantial value if they were privately owned, should not be a valuation factor during sale negotiations. Public funds should not compensate for the attributes of leased lots on public lands (beach, view, access, etc). Profiting from privately held leases on public parklands is not appropriate or in the public interest.

5.Seasonal Use

Year round use of properties on public land or use as a permanent residence is inappropriate and requires added public expense for equipment, maintenance, staff, etc. to support.

Reasonable dates for access should be specified in the lease extension and enforced with automatic penalties stipulated in the agreement.

6.Removal

Removal of private property (cottage, sheds. wells, septic systems, etc.) at the termination of a lease is a cost that the public should not have to support. Properties constructed for private and exclusive use, enjoyment and life style choice are the responsibility of the owners.

Moving structures to a lot outside the park has occurred in the past, is possible and a viable option.

7.Water and Septic Systems

Septic systems in the park do not fall under the Building Code and approvals are the responsibility of the Ministry of the Environment (MOE).

The age and condition of septic systems/structures is worth investigation to ensure the health and safety of the public. As these are systems on public land, some liability will be borne by the province should a failure result in injury, illness or worse.

Documentation is not available to the public for any MOE “Environmental Assessment” or any inspection of septic systems.

All cost for inspections, records, repairs and approvals are the responsibility of the leaseholder.

The size of the cottage structure should be limited in the new agreement to a maximum area. Requests for expansion should be based on the capacity of the septic system to service an enlarged living area and the specified maximum area allowable.

8.Lease Fee

Should be based on the market value of the lots and reflect their prime location in S. Ontario, beach, view, parkland, etc. The public should be fairly compensated for the exclusive opportunities made available to private cottage owners through leases on parkland.

Lease extension conditions should specify a payment date and an automatic forfeiture of the lease if payments are overdue within a reasonable time frame. Business practices used in the private sector leasing community should be used as a model.

9.Taxes

Leaseholders should pay municipal taxes, as do leaseholders that have lots on crown lands in other areas of the province. The public should not have to pay these or an equivalent on their behalf.

10.Off Lot

All off lot structures, buildings, walls, poles, etc. should be removed from public land prior to any new lease extension being granted. Activities like mowing/cutting vegetation on parkland, grading sand dunes, using tractors on the beach should be specifically addressed in a new agreement and a schedule of possible penalties particularly as they may impact habitat.

11.Hydro

Leaseholders should bear the cost of all hydro line maintenance, improvements and capital that may be necessary over the next 28 years to those portions of the lines that service their properties.

[Original Comment ID: 129107]