A group of about 40 people gathered at the special council meeting on Monday, May 7. They had brought along signs that read "Stop the docks at Cape Roger Curtis" and engaged any councillors who would listen in discussion on the topic before the meeting.
The group's spokesperson, Melissa Harrison, had added her name to the speakers' list and there was palpable frustration when mayor Jack Adelaar declared the meeting adjourned without giving Harrison a chance to make her case.
"The previous council had a speakers' list for the first few minutes and listened to the community," Brenda McLuhan said. "We would like to have that opportunity today. We have a spokesperson. We are organized. It would be a great disservice [not to listen] as many of us have taken time off work to be here today."
Councillor Darron Jennings explained that agendas of regular council meetings include time for public comments but those of special council meetings don't. "Let's not yell and scream, let's find a solution," he advised. Councillor Alison Morse left at the conclusion of the meeting, the mayor and other councillors stayed to listen.
Melissa Harrison opened her presentation with stating that the topic was the docks at Cape Roger Curtis (CRC) that are currently under construction. "Many people here are concerned because dock construction has begun last week," she said. "I would like to remark that I understand West Van and Belcarra have both recently restricted dock construction. This is an indication of changing standards and values with respect to this issue. It's not just a Bowen Island issue."
Yet, within that larger framework, CRC is a special case, according to Harrison. "The shore north of the light station has high beach value because the intertidal zone is low, rocky and extensive so that one can walk for a long way and the views to sea are particularly scenic.This is the largest accessible rocky intertidal zone on Bowen,full of tide poolsand rightly popular with residents and visitors to the island," she said.
Harrison also noted that the beach on most of the western part has ashallow incline, requiring long docks to connect the shore with deep water anchorages. Unlike much of Bowen's shoreline,the CRC coast is particularly exposed to strong westerly and southwesterly storms,requiring large-scale infrastructure to withstand the weather, says Harrison. She urged council to take action at CRC to avoid dock locations in unsuitable areas, preserve the quality of public recreation sites and protect ecologically sensitive area.
Harrison also suggested a program of action. "What can be done? You can exercise your jurisdiction. You can exercise your right to require a building permit under the building bylaw. You can exercise your right to issue a stop work order under that bylaw. And you exercise your right to withhold a building permit under section 929 of the Local Government Act, which provides for withholding of permits and licences that conflict with bylaws in preparation," Harrison explained, adding that changes to the zoning bylaw are already under way since the beginning of this year. Harrison presented detailed notes on legislation that clarifies the authority of Bowen Island Municipality (BIM) to make decisions regarding CRC. "It is clear that you do have jurisdiction and the province recognizes that jurisdiction. That's why, when the province responded to the dock applications, it ordered the applicants 'to consult with BIM prior to constructing their private moorages to determine if they need to seek additional approvals or authorizations from BIM,'" Harrison said.
Harrison also drew attention to a provision in the Local Government Act that allows withholding permits that conflict with legislation that is in preparation. In consideration of the changes to the zoning bylaw that are in progress, Harrison suggested to only allow floats and buoys on all public beaches and that a moratorium on all dock permits should be in place while BIM engages in a thorough review.
Harrison added that she had been up long hours the night before to do research that should have been done by the municipality. She received a round of applause from the audience in response.
Adelaar said that the municipality has limited jurisdiction over what it can approve and cannot approve. "We have done everything in our power and we continue to deal with Cape Roger Curtis, even though it is nowhere on our strategic plan," he said, asking why the group wasn't concerned about Mannion Bay. He added, "Cape Roger Curtis is a dead issue, thanks to the previous council."
Councillor Wolfgang Duntz indicated that the municipality had sought legal advice about the docks. "We are bound to obeying to the law," he said, adding that if a lawsuit against the municipality was initiated, the cost would have to be borne by the taxpayer. Councillor Cro Lucas added that council appreciates hearing about the public's concerns. "We do what we can within our power. We are drafting new bylaws but we can't stop anyone building docks where they have a foreshore lease," he said.
McLuhan drew attention to the fact that Harrison had laid out a few legal steps in her presentation and asked whether those suggestions would be researched and put into action if possible. "A lot of the things that have been addressed have been looked at," Lucas said. "If there is anything we have overlooked, we will look again."
"I don't see any reason why we shouldn't examine all your suggestions," councillor Andrew Stone said. "In terms of due diligence, we should make sure we covered all elements in your document."
Duntz said that most if not all councillors were opposed to the docks, but acted on the legal advice they received. He said he believes that "the ultimate fate has been decided by former councils that were hoping that Cape Roger Curtis could be protected by public interest.
Harrison responded that, regardless of the history, the land on the beach is public land and should be dealt with in the public interest. "It's a great big wild rocky beach. It is very beautiful and I can't think of another beach that has an exposure like that. This is a special area and it deserves special treatment," she said, adding, "I believe that you can withhold a building permit while you sort out your legislation."
Doug Hooper welcomed "hearing very positive views from council" and asked to issue a stop work order related to the construction currently under way. "Look at the legacy that Vancouver planners have given us. They have given us Stanley Park, Kits beach and Ambleside," he said. "Now this is on your desk. You have the power, let's use it."
Rhodes said that council has received legal advice that says otherwise. "We don't have the power to issue a stop work order," he said.
"Legal opinions are not always right," Harrison said. "It's always better to get more input." She suggested to draw on a number of professionals who would be willing to add to that legal opinion.
"Since we share your concerns, I would find no objection to digging further into the matter," Duntz said. But Adelaar said that it's a matter of staff time and he considers the case closed. "We've already dealt with it. We've got legal opinions. If we start following up on that, we follow the path of someone else's agenda," he said.
