By Connie Tabbert

Whitewater Region – Whitewater Region council agreed to pursue a Memorandum of Understanding for public access to the Ottawa River on municipal land with a provincial sport governing body but the decision did not come without two tie-breaking motions showing deeply divided opinions.

Following two very different proposals – one working with two private companies for access on private property and the second using municipal property and working with a sporting organization – council was in a tie position and Mayor Mike Moore provided the tie breaking vote each time at the council meeting on March 2. In the end council decided against working on a proposal with Wilderness Tours and Owl Rafting on securing public access on their private property.  Instead, council will work with Whitewater Ontario (WWO), a provincially recognized sport governing body which was incorporated in 1977 and provide public access via an unopened road allowance across from McCoy Road off of Grants Settlement Road.

Council had been presented with five options which were narrowed down to the two proposals for consideration. At issue was free access to the river for paddlers. Last December Wilderness Tours confirmed pay-per-use was being eliminated for paddlers’ take-out and access but they must check-in at the company entrance.

When council reviewed the two proposals, Councillor Chris Olmstead questioned having a public access take-out when there is no public access for a put-in. He questioned if there is an agreement with one of the companies for a put-in.

“Does the township own land for a proper put-in?” he asked.

Chief Administrative Officer Robert Tremblay said one of the rafting operators provides public access on their lands, while the only other public access would be McCoy Chute Road, but there has been no request to open it, and it is a seasonally maintained road.

“People have access using private interests for put-in,” he said.

“Allowing Whitewater Ontario to monitor this doesn’t bode well with me,” Councillor Charlene Jackson said. “We are handing over the rights to monitor what’s going on on township property.”

She questioned what the time period for access is and if there are any issues the township will be involved in because they own the property, regardless of any waivers or memorandum that is in place. Accidents could increase, especially now that inflatables, not just kayaks, will be allowed, she noted.

“Who is going to do rescue if there are issues?” she asked.

Coun. Jackson also questioned the steep embankment at the river, which is at the end of the road allowance. She believes it’s about a 70-foot drop. She wondered if the Ministry of Environment and Ministry of Natural Resources have been contacted and if there were studies that needed to be completed.

Looking long-term, Coun. Jackson questioned if the “volunteers of today will be there tomorrow.”

The two established businesses have been there for more than 40 years, she noted.

“It’s very important we support our businesses that have been paying taxes for long periods of time,” she said.

Coun. Jackson read aloud the mission of WWO which was described as “a volunteer-driven organization uniting, supporting and sustaining the inclusive development of the whitewater paddling community and resources.”

“This is what I feel Wilderness Tours and Owl Rafting has done,” she said. “By allowing access to the water, Owl Rafting allows access for the put-in and Wilderness Tours is allowing access for the take-out.”

She also reminded council it was not Wilderness Tours that introduced the fee for kayakers at the take-out, but the former owners of RiverRun (which was purchased by Wilderness Tours).

Coun. Jackson also questioned if people using the proposed take out by WWO need to be members of the organization.

The councillor made a motion to proceed with negotiations for an agreement with Wilderness Tours and Owl Rafting for continued public access to the whitewater portion of the Ottawa River.

Dangerous Area

Coun. Olmstead, who seconded the motion, said there has been a flurry of canvassing and campaigning from the rafting companies and Whitewater Ontario.

“I do have a concern of giving access to one of the most dangerous areas and dangerous sports in the world,” he said.

There is a 70-foot drop at the end of the road allowance that needs to be monitored as well as the rapids in the area, he stressed. For those who have never seen the rapids, Coun. Olmstead suggested they take a look at the frothing water below the Chenaux Dam.

“I hesitate to want to open that road allowance for that reason,” he said. “Who’s going to police it? Who’s going to say the kids can’t go down there?”

Coun. Olmstead reminded council they turned down public access for Garden Lake beach, and yet are willing to give access to a dangerous section of the Ottawa River “probably because we’ve been inundated with phone calls and a lot of pressure.

“We owe it to the companies that are involved and the region and the kayakers to work this out.”

Councillor Neil Nicholson has been a proponent for public access for many years, noting he has advocated to make Westmeath Provincial Park more accessible for people of all different ages to use. There is significant community interest in this valuable asset, he said. The access by two private companies is gracious and must be recognized, however, there is potential for abuse, theft and vandalism, which has happened in the past, he continued.

Along with visiting the site, he researched what other communities have done.

“There are many examples out there that can offer us some insight to make a better and informed decision,” he said. “I’m not in full endorsement of public access without constraint.”

He questioned if WWO will be able to secure capital and operating funds and for how long. He said public safety must be considered.

“Based on public input and the information I’ve studied personally, I need to look at this in more detail,” Coun. Nicholson said. “It’s unfair in some ways to solely rely on private rafting companies. Public access is a public responsibility. We don’t have money to manage that, we only have land, leadership and co-ordination to offer.

“I’m in favour of exploring this Whitewater Ontario proposal over a period of two years, trying to find out if they can suitably answer my questions to provide that public access,” he said.

Coun. Jackson said there’s a possibility if the vote is in favour of Whitewater Ontario, there may not be public access.

“If it were me, I’d be pissed off enough to want to stop the public access on the private land,” she said.

Reeve Cathy Regier quipped, “I’d take that as a threat if I was a paddler or kayaker. That’s why this debate is where we have to go. We have to take a look.

“I appreciate and thank the private landowners for opening public access, but that only happened because this was coming to council,” she said.

However, she added, there is still no public access because it’s on private property.

“That’s not public access,” she said. “They must sign in; they must sign out. But I agree with Mr. (Joe) Kowalski. As a private landowner, I too would want to know who is going on my property.”

Reeve Regier requested a recorded vote on the motion to confirm with Owl Rafting and Wilderness Tours continued access.

The no votes were Reeve Regier, Coun. Nicholson and Councillor Dave Mackay while the yeas were Councillors Jackson, Darryl McLaughlin and Olmstead. Mayor Moore broke the tie, voting no.

Option Five Debate

Coun. Mackay and Reeve Regier then moved and seconded the motion there be a signed MOU between the municipality and WWO.

Reeve Regier said this will ensure the first step to securing confidence and longevity for generations of kayakers and paddlers who have the right to public access to the river for generations to come. This is not a new discussion and the decision was not made lightly, she added.

“This is not the first time we’ve heard from everyone,” she said. “We’ve heard many, many times that people want public access to the river.

“I just have to move forward with what I believe is the betterment of this municipality for further growth, further economic development and the future to further access to the river for all generations,” Reeve Regier stated.

Coun. Jackson said there are still many questions that will need answers. She has concerns with appropriate fencing, ability to finance and move forward and a plan in place before the work begins, including access to property. She stressed the MOU will ensure that no commercial business will be allowed to function on municipally owned property.

It’s imperative council understand how this group works, Coun. Jackson said. What if those who sign the MOU are not there later on, she asked, stating that was one of her biggest concerns.

“There are some major questions not answered, such as where are the operating funds coming from, who is going to pick up the garbage, grade the road, provide washroom facilities,” she said. “Those are all the types of things I’d like to see in the Memorandum of Understanding, so that we are satisfied as the township that our liability and future costs are at a minimum.”

Mr. Tremblay said WWO is incorporated, which means they would be “wholly responsible” for the MOU. As for what’s in the MOU, that will happen over a certain period of time that will allow all the concerns to be addressed, he said. He noted township staff will be involved with the MOU and it will come back to council before any documents are signed.

Coun. McLaughlin said he sees a pile of problems. He said there is no public put-in. Currently, both the put-in and take-out are on private property, he stated. He further noted the road allowance is only 66 feet wide.

“Anybody ever been at the Owl put-in to see the vehicles there and then you are going to try and park down there or at the lunch spot? How is an emergency vehicle going to access this? How will it get to the river?”

If it’s a two-year process, fine, he said, but studies, engineering reports and archaeological studies all need to be completed before there is any ripping up of the ground, Coun. McLaughlin said.

“There is no shovel put in the ground until I get answers,” he stressed.

Following a bit more discussion a recorded vote was held.

Again, Mayor Moore broke the tie by voting yes. The other yeas were by Reeve Regier, and Councillors Nicholson and Mackay with Councillors Jackson, Olmstead and McLaughlin voting against.

Prior to closing discussion on this matter, Coun. Nicholson put forth a motion that was seconded by Coun. McLaughlin for staff to investigate a public put-in access with interested parties.