Interested blogreader reply to Morning Star Editorial.

NORD has right to dictate land use. Morning Star Editorial Jan 30

The Okanagan Equestrian Society obviously isn't pleased that it's received an eviction notice for Kin Race Track. But the organization must accept reality and the fact is that the 43rd Avenue site is owned by taxpayers. The North Okanagan Regional District has every right to determine who uses the property. The society gave up its ability to dictate what happens on the site when it sold its part of the property to NORD, and, as a result, it is only a user like any other group. Kin Race Track has a rich history, playing host to horse racing for 116 years, and nothing can take away from that. But times have changed and current equestrian activities pale in the shadow of that grand legacy. The community has moved on to other recreational interests and that land could serve residents far more either through sports fields or a second sheet of ice at Wesbild Centre. If other property is acquired to the north, ongoing demands for a sports complex could finally be addressed. Also at a time when local governments are facing tight finances, all assets — including property — must be used efficiently. Taxpayers can't afford to just have land sitting around doing nothing, and that is essentially the case when it comes to the track. The Okanagan Equestrian Society continues to pursue legal action to defend its case, but all that does is waste money, both on their part and that of taxpayers. Nothing will be achieved by letting this issue drag on. Ultimately, the bottom line is that NORD owns Kin Race Track on behalf of residents, and it has determined that another direction is needed for the site. It's time for everyone to move on.

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Reply to Editorial by Robyn Dalziel

Dear Mr Mitchell, while you are completely within your rights to express this diatribe to the public via your musings, I would expect, as a reporter, it would at least be based in fact. I dare say that if you had done your homework, your opinion on the subject might be different. I would like the opportunity to correct you in the same media outlet.
Your article says that since Vernon Equestrian sold their land to NORD Vernon Equestrian have no rights, that it is only a user like any other group. The fact of the matter is, The Vernon and District Agricultural Society sold the land with conditions attached; those Trust conditions give them, every right, to say what happens to that land. VDAS have valid contracts in place that say what can and cannot happen on that land and that they have the RIGHT to use it for as many days as required, for free. It is NORD and the City of Vernon that does not have the right to do this eviction.

. These are the facts, in 1893 the land was donated to the Vernon Jockey Club by Cornelius Okeefe, with the Trust condition, “it remain a race track”. In 1964, the same land was donated by the Vernon Jockey Club (Kinsman owned the Jockey Club) to the City of Vernon, with the acknowledgement of the original Trust condition “it remain a race track” and a further Trust Agreement attached. These were, that the City was to “maintain the racetrack at all times,” and “allow the use of the land to the Jockey Club or the Kinsman Club, for free, for as many days as required.”
In the year 2000, The Vernon & District Agricultural Society, sold their 71/2 acres of land to the North Okanagan Regional District at a price significantly less than market value. All the money paid for the land ( a requirement of NORD), was to be put back into the facility, that NORD now owned. The VDAS did not financially benefit from the sale of their land. They were acting in good faith.
After tense and lengthy negotiation the VDAS finally had a contract they thought would protect their rights. This contract was in addition to the existing contract with the City of Vernon, guaranteeing usage and for the protection and maintenance of the track.
The Agreement of Sale was conditional upon the Kin Park Race Track Operation and Use Agreement. The Kin Park Race Track Operation and Use Agreement states; the Agreement WILL be renewed for successive five year terms. That The Society is, “to be consulted on any proposed change of existing usage and has the right to refuse activities that may affect the race track proper. Both the 1893 Trust Agreement and the 1964 Trust Agreement were acknowledged in the contract.
These Trust Agreements do not expire; they were a condition of the sale of both pieces of the land. So, you see the Vernon Equestrian does have the right, in a valid contract, to say what happens to that land, and to use it. The Local Government Act 314(1) a board may accept any property devised, bequeathed, conveyed or otherwise transferred to the regional district, subject to any trusts on which the property is transferred.
You say, the community has moved on to other recreational interests and that land could serve residents far more, Really, the facts are; NORD was presented with a petition to save the racetrack containing more than 2000 signatures, no public interest? The crowds at Race Days are increasing every year. The numbers of spectators at Race Days exceed most other recreational activity in this City.
The economic impact from racing and training are a substantial benefit to the business community and the entertainment value for the whole family is something unique that is usually only available in large cities.
Live horse racing draws not only horses, trainers and riders but also many fans from other jurisdictions creating an economic benefit to the city.
Are you informed enough to speak on behalf of the entire community. The people, who do not have an interest in the sports you suggest, are entitled to recreational diversity in this city. The 2004 Master Plan adopted by the city states "With many retirees moving from cities such as Vancouver and Calgary to the Greater Vernon area, the increased demand is to provide a full range of parks and recreation opportunities”.
Where you make your mistake, is that you think one sport is more significant than the other, when both should be addressed. NORD owns other property, not encumbered by a Trust, build an ice sheet elsewhere, or sports field or what ever else is in vogue this year. You seem to forget that these elected officials change, so do their views. Remember, Mayor Rice was extremely honored and very thankful to receive the gift of the race track in 1964.
With the recent developments in the racing industry we expect to see a resurgence of the interior tracks. The interior tracks are a valuable fraction of horse racing in British Columbia. In a past report commissioned by the City, Vernon Race Days was a slight second to Silver Star Mountain in terms of economic benefit to the City.

You are absolutely right, in the fact that the legal dispute is a waste of taxpayers money, however, if NORD and the City of Vernon refuse to honor the contracts they signed in order to obtain the land, in direct contravention to the Local Government Act SEC 314(1), what would you suggest? The Agricultural Society did everything possible to avoid legal action, you can see by the latest eviction notice, how much good that did. Surely, you’re not suggesting that our elected officials do not need to adhere to the regulations and laws that govern the rest of us. Can you imagine a society where a contract can be ignored just because you don’t like what it says?

You say, at a time when local governments are facing tight finances, all assets — including property — must be used efficiently. Taxpayers can't afford to just have land sitting around doing nothing, and that is essentially the case when it comes to the track.
Once again, where do you get your information? The track property is used, 24 hours a day, seven days a week, from April to October, and that is all NORD will allow them under the terms. With water available, it could be year round. I would suggest no other recreational facility is used more or cost NORD less to operate. Their infrastructure costs were minimal as they have not contributed to what’s there. VDAS has contributed well over a million in assets to the facility over the years. Are you aware of the huge losses incurred by some of these sports facilities, yet you want to build more, as a taxpayer?

This brings up a very important point; this shows other user groups should be careful how much they contribute to any NORD owned facility. Taking a loan from NORD to build infrastructure on NORD property, then paying it back over five years, doesn’t mean you will be there after you have paid for it, since most groups don’t have a Trust agreement on the land, as VDAS did. By the same token any person or organization donating any land/money etc in trust to the City or NORD can look at this situation to see how your donation trust could be administered in the future. Got a contract, oh well then, no worries! Right!
All of the Contracts are available to the public, through the City or Greater Vernon Services or NORD, if you’re going to weigh in on the subject, I invite you to read them and become informed.