At Monday's council meeting, planning consultant Judy McLeod presented the minutes of the Public Hearing on Bylaw 335 to council, noting that this was an opportunity to make adjustments to the bylaw and address public concerns. McLeod told council that the "two-step process" for the regulation of dock construction and the permitted length of private docks on Bowen were the main concerns that they could address in the amendment of the bylaw. Council did not change their 'two-step' approach, but did amend the bylaw's wording of the bylaw and also the permitted length of private docks built on Bowen, as stated in it, from 60 meters in length to 40 meters in length.
The two-step process favoured making a set of basic guidelines, such as dock length and regulations on floating breakwaters as a short-term measure in consideration of the provincial deadline to decide on pending dock applications (November 30th). McLeod told council that it would be possible for them to defer the immediate adoption of the bylaw in favour of crafting a more comprehensive one, however, she added, "if you choose to do that, I don't hold out a good deal of hope that the Province would continue to defer applications that are in front of it."
Councillor Alison Morse brought up comments made at the Public Hearing by Fitch Kade, requesting that the wording of point eight of Bylaw 335 be changed. Kade wanted the purpose of the amendment to be described as 'regulating' public recreational opportunities as opposed to providing for 'the orderly development of recreational boat moorage.' Council voted in favour of this change.
Councillor Andrew Stone suggested that the maximum length of a dock be limited to 40 meters as opposed to the 60 meters stated in the previous amendment to Bylaw 335. Councillors and the Mayor all stated their reluctance to enter into a debate on this issue, but Stone put forward a series of reasons why it was important to adopt this change. A limit of 40 meters to the length of a dock, he said, implicitly protect beaches and other areas where the shore slopes out gradually.
"Critiques of the bylaw have been focusing on Cape Roger Curtis, and if we look at the West side of the island, going from the most southern point of the CRC through to Bluewater, we have a series of ecologically important habitat areas. If areas for herring roe and forage fish are important, CRC is actually one of the least important areas. You, have Tunstall Bay, King Edward Bay, and Bowen Bay, all of which have eelgrass in them. All of those areas have characteristics where if the docks are shortened, you would prevent them from going in there. So, by restricting the length of the dock, you are by default protecting that shoreline."
Councillor Stone also repeated the fact, as stated by Judy McLeod and Councillor Rhodes, that two-thirds of the docks already in existence on Bowen are less than 35 meters long, proving that a 40 meter dock would prove adequate in most instances where waterfront properties would be looking to build one. He also noted that the amendments to Bylaw only affect private docks, so applications for community docks would not be restricted by the 40 meter limit.
"The people I heard speak at the public hearing presented a lot of sound rationale," said Stone. "Calls for 40 or 30 meter docks were not trying to screw over landowners or developers. We are supposed to listen to the electorate, and the majority of the public does not find an allowable 60 meters acceptable."
Mayor Adelaar expressed his concern that some waterfront property owners may require a dock length of 60 meters in order to make their dock useful in any way.
With the assurance that anyone who needed a 60 meter dock could apply for a variance, Councillors Stone, Rhodes, Lucas and Morse all voted in favour of the proposed change.
Prior to adopting the final amendments to the Land Use Bylaw 335, members of council expressed their regret over the politicization of the issue.
"Hopefully we can get this behind us," said Councillor Stone, "and move on to the next phase of looking at our shorelines in a more equitable manner."
