There was standing room only as close to 50 members of the public attended the May 18 council meeting. Six speakers had signed up to offer public comments relating to the Stop the Docks campaign, followed by a delegation that addressed the same subject.
The first speaker was Dennis Vetter who stated that there seems to be a ground swell of support to stop or mitigate the construction of the large docks close to the public beaches at Cape Roger Curtis. "I don't think this needs to be a political or divisive issue," he said. "It is not just a group of disgruntled environmentalists [who are opposed to the docks]." Vetter added that he has spoken to many islanders and hasn't encountered a single person who wants the docks to go forward. "Without council support there is a limit to what can be done," he said. "We want to protect one of the most iconic places on the island. I urge you to choose the rights of many over the privilege of a few and declare public beaches off-limits for docks."
Richard Weiflespeut said that he learned that the province's approvals of the docks are subject to proper and best management practices and urged council to explore what that could and should mean.
Chris Oben said that he's lived on Bowen since 2011 and was drawn to the island because of its community values. "As a small community, we can demonstrate our strengths if we work together," he said, adding that he would ask council to take action to change the bylaws as well as communicate concerns to the owners. "Let's leave a positive legacy and not something that is negative and that is going to be an eyesore."
Michael Cornelisson said he has a different point of view. "While I sympathize with the petitioners, in my opinion, the chicken has flown the coop," he said, asking councillors why they didn't take a more timely action to stop the docks. Cornelissen also drew attention to a petition that the previous council (including Doug Hooper who sat on council last term and is spearheading the Stop the Docks campaign) failed to act upon. "I stood here to present the petition to exclude Crippen Park from the national park," he said. According to Cornelisson, the Stop the Docks petition contains the names of children, people asking to remain anonymous and "a household cat."
Bob Turner, who was mayor during the previous council term, said, "The Stop the Docks campaign should be viewed as partnership. It provides you with a better view of community opinion and makes other legal counsel available in an effort to assist council in what clearly is a complicated decision. Secondly, it's been said around council table that most of the councillors are against the docks. I'd ask you to clearly communicate that view to the owners of the cape and governments."
Pam Dicer commended council for asking the owners of Cape Roger Curtis to remove trees and hedgerows and said that the scale of the proposed docks goes beyond just upsetting the neighbours, it impacts the people who live on Bowen as well as visitors.
Doug Hooper and Melissa Harrison made up the delegation to council, presenting the Stop the Docks petition. Hooper thanked council for the opportunity to speak and clarified that the campaign is focused on a single goal and makes a single request: to take immediate action to stop the construction of the private docks at Cape Roger Curtis and prevent future docks in that location. He added that the presentation included a demonstration that there is high public support, legal research and action steps.
"The docks impact three public parks at Cape Roger Curtis," Hooper said, adding that he understands that a "do-not-disturb covenant" is part of the development agreement. "The public parks provide wonderful amenities for islanders, visitors and upland neighbours," Hooper said. He explained that a petition was placed in Bowen's commercial establishments and on a website. He said that the 1169 individual names include children but that "kitty cat" had been taken off the list. Four per cent of the people who signed have requested anonymity but their names' authenticity has been validated. "Collectively, the people are saying, 'stop the docks.' Individually, seven per cent have offered additional comments," Hooper said, adding that all the information is available at www.stopthedocks.ca.
Harrison said that the group has obtained a legal opinion from James Goulden, a partner at the downtown law firm of Bull Houser Tupper LLP, that has been made available to council.
"Mr. Goulden removes all doubt about the municipality's jurisdiction," Harrison said. "To be clear, the municipality does have the power and jurisdiction to prohibit and/or regulate the construction of docks within the boundaries of the municipality, which extend 300 metres from the shore. These powers would normally be exercised through the Land Use and building bylaws. Goulden also points to the policy statements in the OCP as context for land use decisions concerning the protection of the foreshore at the cape."
Harrison also offered suggestions to take steps to discourage the construction of the docks. "Our first request is that council brings forward a motion to consider a resolution expressing opposition to dock construction at Cape Roger Curtis," Harrison said. "Our second request is that council amend the Land Use Bylaw to prohibit private moorage facilities at the cape. We suggest that the zoning might designate this a natural foreshore area, in keeping with the upland ocean fronting lands covenant, consistent with the owners' statements concerning the preservation of the foreshore, and consistent with the relevant section of the OCP."
Harrison added that the last request was that council, collectively or individually, consider taking the community's concerns to the owners and persuade them to reconsider their plans to build these docks.
Harrison ended with assuring council that the Stop the Dock campaign seeks to work together with elected officials to come up with a solution.
