The Municipality of Chatham-Kent is seeking input into the possible future development of Kyle Park in the Community of Blenheim. The parcel that is being referenced in this community engagement is located behind the Blenheim Memorial Arena and can be seen using this link to a map showing the dimensions. The current parcel of land is a grass area with some trees throughout and this can be seen using this link to a map without dimensions.

Report to Council January 16, 2023

Recommendations

Administration be directed to:

• Engage in negotiations with interested community groups to develop the area referred to as Kyle Park in the Community of Blenheim in order to provide any or all of the following recreational amenities: a multi-use sports pad, community garden, a 250m pathway, trees, benches, and picnic tables.
• Prepare plans for the naming of this area as Kyle Park and install a sign with the park name and a description of the history of the land.
• Return to Council for consideration and voting on the final proposed park development plans, including approval of any agreements required with community groups and financial impacts for Chatham-Kent.

Background

The following was approved at the August 9, 2021, Council meeting:

“Whereas the 240 feet by 150 feet parcel of land located adjacent to the Blenheim Memorial Arena on the northeast side which is referred to as Kyle Park is under-utilized;
Whereas the parcel is located within walking distance of three public schools, one high school, memorial park, memorial arena and nearby neighbourhoods;
Whereas there has been community interest expressed to establish a community partnership and develop the land for future recreational use including the potential donation of time and funds;

Therefore, be it resolved, that staff provide a report back to council regarding development options for this parcel of municipal property for future recreational use, including partnerships for upfront capital investment, on-going operational and lifecycle funding, for the long-term benefit of the community.
May this report include:

1. Input from the family, public consultation and feedback from potential user groups and organizations interested in pursuing any potential projects.”
2. The costs associated with officially naming the parcel as Kyle Park.
3. Costs associated and recommendations for a commemorative item such as, but not limited to, a plaque, sign, or bench.”

History of the Land

In 1968, Tom Kyle donated this parcel of land located on the northeast side of Blenheim Memorial Arena (shown in Appendix A) to the Town of Blenheim for park purposes.

In 1977, Tom Kyle and a relative, Mary Wright, signed an agreement with the Town of Blenheim giving permission to extend the Blenheim Memorial Arena by 16 and ½ feet in a northeast direction (Appendix B). The agreement references an original agreement for the grant of lands that “contained a condition that no buildings should be erected on the lands”. The 1977 agreement also states that the Kyles reserved the right to approve any further building of structures on the land by the town. Despite diligent searches, the original grant of lands agreement cannot be located within municipal records. The Kyle family has also not been able to provide a copy of the original agreement. As a result, the administration has not been able to confirm what terms may have been included in the original agreement.

Under the Registry Act, any interest in land, including an agreement or restriction on the use of land, expires after 40 years. Since more than 40 years has passed since the original transfer of land, even if an original agreement was found and there were restrictions to the use of the land, those restrictions no longer apply.

This means that the Municipality can move forward with the development of this parcel of land, and Council is not legally obligated to get the approval of the Kyle Family.

Comments

Kyle Family - Don Kyle and Christina Bertrand, two of the eight surviving children of Tom Kyle, delivered a deputation at the August 9, 2021 meeting indicating they were in favour of repurposing of the park. Other members of the family indicate that they were unaware of the Motion and were unable to give deputations at the time.

After the Council meeting, the administration received a letter from Pathway Law Professional Corporation on behalf of five of the eight surviving children of Tom Kyle; Cindy Kyle, Jenny Whelen, John B. Kyle, Kathy Lee, and Linda Jansen. Within the document provided, there were letters from each of the five children indicating their disapproval of the Motion and anything being developed on the lands. These letters can be found in Appendix C.

The letters indicate that the parkland was not supposed to have any buildings, structures, or other alterations to the park erected on the land except with the consent of the Kyles and that they wish to have it kept as an open green space.

Municipal staff reached out to the Kyle family during the development of this report and were informed that the letters that were sent were sufficient and did not want to provide any further input.

Community Engagement

On May 18, 2022, a community engagement survey was published on “Let’s Talk CK” with questions regarding development options for Kyle Park. Results of the survey can be found in Appendix D.
The community engagement survey indicated that 83.6% of the respondents did not have any concerns or issue related to developing a new recreational asset at Kyle Park while 16.4% stated they had concerns.
When asked what should be done with this municipal land, 65.2% of respondents stated to develop with a new recreational asset, 25.3% stated to leave the area as an open green space, and 9.5% stated other.
The top recreation amenities chosen through the community survey were:

• multi-use sports pad
• pickleball court
• planting of more trees
• picnic area
• community garden and/or a floral garden
• picnic tables spread throughout the park
• storybook trail

If a 100’x60’ multi-use sports pad was developed it could be used for ball hockey, badminton, tennis, volleyball, basketball and possibly include shuffleboard, four square shuffleboard and other options. If designed correctly, it could also be flooded in the winter for an outdoor skating rink. Potential options for the multi-use sports pad are shown in Appendix E.

The site is large enough to accommodate a minimum 250m pathway with benches/picnic tables, and a community garden as well. Trees could be strategically planted to help reduce any possible noise generated by abutting neighbours.

While the survey was available to the community, pickleball courts were approved to be installed at Centennial Park resulting in this sport not being considered for this area.

The survey indicated that 56.1% of respondents felt a park sign in recognition of the Kyle family land donation was appropriate for this area while 25.3% indicated a bench, 12.1% stated a monument, and 12.1% stated other.

The survey indicated that a cost-sharing method between community groups and/or businesses and the municipality should be examined for this project.