RV decision put in park
CBRM council defers vote on controversial campground
The drama surrounding a proposed RV park and campground for Big Pond Centre took a surprise twist on Tuesday when a scheduled Cape Breton Regional Municipality council discussion on the controversial project was postponed until next week at the earliest.
There wasn’t a seat to spare in the council chambers as a large contingent of opponents of the undertaking showed up for the evening meeting with the expectation that councillors would vote on whether to approve or deny an application to have the land-use zoning bylaw amended to allow for the development.
But when the time came for the CBRM planning department to deliver a staff response to comments made at a Feb. 20 public hearing into the application, Dist. 4 Coun. Esmond (Blue) Marshall made a surprise motion to defer the matter until after a “full,” but as-yet-unscheduled, consultation is held with Cape Breton’s
five Mi’kmaq communities.
And with that, the meeting stalled as Mayor Cecil Clarke discussed the unexpected action with senior CBRM staffers, including chief administrative officer Marie Walsh, planning director Malcolm Gillis and municipal clerk Deborah CampbellRyan. Then, following a few
minutes of debate, Clarke called for a brief recess to in order to obtain advice from the municipality’s legal counsel.
The session resumed after Clarke and staff had an opportunity to speak with a CBRM solicitor.
“With regard to the established processes that we
would have as a municipality in terms of Aboriginal consultation the actual motion would not be in order because no process exists at the municipal level,” Clarke explained.
With many in the crowded chamber seemingly confused at that point, Gillis offered up further clarification.
“There’s no specific statement in the Municipal Government Act or even any intimation that municipalities have a specific responsibility to consult with First Nations Aboriginal peoples at this stage of a zoning amendment application,” said Gillis, who added that the CBRM is a child of the province and as such must abide by the rules set out in the MGA.
“We had a public hearing process that was duly advertised and we have a member of the Aboriginal community on council, so I believe that in a number of ways that we have met our test to consult with First Nations people like we meet with everybody — but clearly that legal responsibility to consult with First Nations people comes with the province and the feds and it’s our understanding that they will be doing that for sure.”
But with that stated, Clarke said CBRM’s strong relationship with area First Nations gives merit to obtaining a full legal interpretation and legal opinion on the matter.
“I do not want to have people on emotion in areas of jurisdiction that the municipality has no authority or capacity to respond effectively,” said the mayor.
“This is not something I would take lightly, so therefore I have instructed our regional solicitor to engage in having a legal opinion and to bring in any constitutional and Aboriginal legal advice necessary to lay out what our situation is and where we are in this position — we can’t make up process on the fly.”
Clarke, known for being well-versed on parliamentary procedure, went on to acknowledge that the factors surrounding the land-use zoning bylaw amendment application has made it a difficult issue for council.
“In many ways council is in a no-win situation in deliberating over an application of this nature because of what we don’t control during the application process,” said Clarke.
“So there may be an opportunity in that legal opinion asking the provincial government for an interpretation on process because the last thing we want to do is be in a position where we are at odds with our neighbours and our friends that we work so closely with, and at the same time there are matters that we do not jurisdictionally, legally, and constitutionally have authority or a role in.”
Clarke then deferred the issue to a special meeting that will take place on March 7 at 10 a.m. in the council chambers. He said a legal opinion will be brought forth at that time.
For his part, Marshall said he couldn’t continue with the process until Cape Breton’s Aboriginal communities had a chance to weigh in on the proposed development that, if approved in full, could have as many as 541 fully serviced RV sites on a 109-acre parcel of land bordering on the Bras d’Or Lake about 40 km west of Sydney.
“Right now I can’t (talk) — I know we have a good relationship, but if something happens we are going to lose that relationship with the municipality,” said Marshall, whose district includes the Eskasoni First Nation.
Outside of council chambers Eskasoni band councillor Bertram Bernard spoke of the importance of Mi’kmaq consultation.
“We have a good relationship with the CBRM right now and if this doesn’t go our way, then what Cecil Clarke developed over the last couple of years will go down the tubes again,” said Bernard, adding that his council’s primary concern is the protection of the Bras d’Or Lake, its shorelines and the land around it.
Meanwhile, project opponents, many of whom travelled to Sydney from the Big Pond area, were left wondering just what had happened at a meeting during which they had expected a vote on the issue.
Mike Britten, who lives near the site of the proposed RV park, said many in the audience were shocked by the latest turn of the plot.
“But, I am impressed by councillor Marshall for taking a stand on process and it’s very clear that First Nations don’t feel they were consulted well enough, if I can use that terminology, and I really respect the mayor for his approach,” said Britten.
During last week’s public hearing, CBRM planning staff recommended that council only approve Phase 1 of the zoning amendment application, which calls for 211 serviced sites located on a parcel of land located between Highway 4 and the shoreline of Bras d’Or Lake.
If council approves the staff recommendation, the next step would be for the developer to apply to the CBRM for a building permit. The developer must meet provincial and federal criteria in regard to issues such as environmental concerns, highway access, water usage and sewage disposal.
But no matter how council eventually votes, its decision can be appealed before the Nova Scotia Utility and Review Board.