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NEC upholds order to level BMX track
Wednesday July 23 2008 By Lisa Tallyn, Staff Writer Family and friends of Tim DaSilva, the young Milton man who was killed while building a BMX track at Halton Place in 2006, were devastated Thursday by the Niagara Escarpment Commission decision that an order issued earlier should stand, and the track must be removed by August 20.
Many of the 30 or so supporters of DaSilva and the Ontario Cycling Association, friends and family were at the NEC meeting in Georgetown hoping the Commission would stay the order to remove the track that was built without a NEC permit until it had a chance to decide whether or not to approve a plan amendment application to allow the BMX facility.
But their hopes were dashed when the NEC voted 12-4 in favour of allowing the restoration order to remain in effect and take its course, meaning the track has to be flattened and the land restored.
“We’re all very disappointed and shocked,” said Andy Kirkpatrick, a BMX supporter and friend of Tim’s mom Zira, who declined to comment following the meeting.
She burst into tears when she heard the decision, and many of the friends and supporters of DaSilva’s also cried.
“As much as we don’t respect the decision, we have to live with it,” said Kirkpatrick.
He said the outcome was devastating for the family and DaSilva’s friends and supporters who have been fighting to keep the track intact with the goal of reopening it.
DaSilva, 20, an elite BMX rider, died two years ago, when he was crushed by an overturned roller he had been operating while building the track at the 15 Sideroad farm.
A visibly upset Nicky Pearson of the Ontario Cycling Association, who has been working alongside the DaSilva family to preserve the track, said she was “extremely disappointed” the track has to come down.
She vowed to continue to fight, now to rebuild the track as Halton Place has recently filed an application for a Niagara Escarpment Plan Amend-ment (NEPA) to permit a BMX track on its property. Halton Place plans to continue with the NEPA, and if it gets approval, to rebuild the track.
“Because Tim would not quit, I will not quit. I will do this until my dying day. He was like my kid, and I’m not going to let him go down for nothing,” said Pearson.
“It’s not a quarry. We’re not going to widen roads, we’re not going to put in floodlights, we’re not going to put in asphalt turns. It’s dirt and it’s for the kids,” said Pearson.
She was upset with statements made at the meeting by Halton Place neighbour Jack Pemberton who called for the NEC to uphold its restoration order and compared allowing the track to remain while the landowner attempted to get approval for it to growing marijuana in one of his fields and having it remain standing while he tried to get the government to legalize it.
“It was pushing the envelope by creating some form of connection between BMX and growing pot in his field,” said Pearson.
She added they plan to rebuild the BMX track to DaSilva’s exact specifications if the NEC grants approval for a track at Halton Place.
DaSilva’s sister, Jessica Medeiros, did not immediately respond to requests for comment.
Prior to the vote at the NEC meeting, Halton Place owner Timur Leckebusch said he didn’t obtain a permit for the track “due to the fact we didn’t know we needed one.”
Along with the NEPA, Halton Place had recently filed a development permit application to temporarily recognize the site work done to build the track without a permit. Halton Place’s intent was to have the NEC stay or set aside the restoration order it had directed NEC staff issue back in May until it was determined if the amendment would be approved.
At the meeting, Commission member Don Alexander of St. Catharines asked if there was any technical reason the track couldn’t be taken down and re-installed two years later if the application is approved.
Leckebusch said it would be a waste of resources and, “the emotional and financial loss is obvious.” But he said he would comply with the order.
Following the meeting, Leckebusch called the outcome, “the second human tragedy regarding this track.”
He believes the outcome was a sort of backlash against him.
“What we’re doing is tourism-oriented agriculture. I think there are some older members on the Commission who don’t want to acknowledge that. Joan Little is one of them.”
NEC member Little of Burlington moved the staff recommendation calling for the restoration order to remain intact, and said, “my heart is with the BMX people in a sense.”
But she said she feels a responsibility for the neighbours of Halton Place who are “facing escalating commercialization on this particular property.”
With Halton Place already holding 40 days of equestrian events during the summer, Little said adding BMX events would result in the neighbours not having any quiet time.
“My heart has to be with people who have bought homes in that area, “said Little.
NEC Halton Region member Alan Elgar, who also supported the staff recommendation, said it was “most unfortunate” the Halton Place owners didn’t even entertain getting NEC approval before building the track, and that he felt bad for the DaSilva family.
NEC Niagara Region member Michael Collins said with the “tangible show of support of young people and their families” and the fact there has been a NEPA filed he would rather wait to enforce the order until Halton Place has its “day in court.”
Two other Halton Place neighbours, Mike Shantz and Ron Morin, spoke at the meeting in support of the NEC’s restoration order for the track.
“I hope you guys are proud of yourselves,” one of the BMX supporters said as he was leaving the meeting to the Halton Place neighbours.

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