It’s arguably one of the most picturesque waterfront properties in Huntsville, and its future is the subject of a staff report being presented to Huntsville Council on Monday, January 27, at 5 p.m.
In the report, staff explain that the Pitman’s Bay lands have been bound by a 1951 agreement involving the Town, representation from several churches as well as the former Huntsville Boy Scouts Association.
With the withdrawal of the partners to the agreement, Huntsville staff is recommending that the municipality retain legal counsel to apply to the Superior Court of Justice to formally dissolve the agreement. That would relieve the municipality from its obligation as trustee, states the report based on legal opinion obtained from James I. McIntosh, Partner at Barriston LLP.
The report summarizes the legal opinion obtained about the agreement involving Pitman’s Bay, below:
- With the withdrawal of Scouts Canada and the church bodies, the Town remains the trustee of the 50 acres under the 1951 Agreement, benefitting the youth of Huntsville indefinitely;
- The 50 acres could be sold, but the proceeds must benefit the youth as per the trust’s purpose;
- The Town could apply to the Court to wind up the trust and seek direction on handling the 50 acres;
- Given the terms of the 1951 Agreement, the Court may require the land to continue benefitting youth, which could be addressed by dedicating it for park and recreational purposes;
- The trust could be “formally wound up,” which would allow the Town to manage the land as municipal property, potentially designating it as a park and public open space.
In anticipation of the meeting, the Mary Lake Association has sent out a communication to its members advising them to stay informed.
“As stewards of Mary Lake, it is important for us to stay informed and engaged in matters that could affect our area’s environmental, social, and recreational character. The dissolution of the trust could lead to significant changes in how the Pitman’s Bay property is used or developed in the future,” it states.
In September 2023, Huntsville Mayor Nancy Alcock stated that while selling the property was one of the options presented, it was never council’s intention to sell. “We know it’s an unbelievable public resource and we value it for that,” she said. “The first step is to get out of the original agreement and very clearly there’s lots of public support for open public access. This is a major jewel, we all need to share it…,” added the mayor.
The report recommends first applying to dissolve the agreement and then focusing on developing policy around the use of the lands and consultation with youth.
You can find the staff report HERE. Interested parties can attend the meeting at the Huntsville Council chambers or watch it online HERE. The council meeting is scheduled to begin at 5 p.m. on January 27.
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