Ragged Beach protesters win skirmish with council

By Mark Squibb/September 2, 2021

A group of activists has scored a Supreme Court victory in their legal proceedings against the Town of Witless Bay.

The Save Ragged Beach group has butted heads with council over potential development in the area in and around the beach for years.

Melanie LaFosse, a member of the group, had appealed a decision of Witless Bay council made on May 19, 2020 to “tender roadwork to extend Mullowney’ s Lane from the turnaround for 168 meters, and to upgrade the ‘Right-of-Way’ to the existing standards of Mullowney’s Lane.”

The Eastern Regional Board decided it had no jurisdiction to hear the appeal.

LaFosse, in turn, appealed that decision, bringing the matter to the Supreme Court, which held that the Board did not err in law or jurisdiction and the appeal was dismissed. However, LaFosse also sought a judicial review of the decision, requesting that council’s decision be quashed on the grounds of five different arguments.

Only a part of one of those arguments, that council’s motion was passed in bad faith and for the ulterior purpose of benefiting the property of only one resident of the town, Deputy Mayor Maureen Murphy’s brother, passed muster with Justice Glen L.C. Noel.

But it was enough.

“I see no merit to any of LaFosse’s grounds for quashing Council’s Decision, except the ground relating to Council’s decision making-process and the Deputy Mayor’s involvement,” said Noel in his decision, dated June 30. “Council’s decision is not justified within the constraints of the legislation and guiding judicial authorities. Deputy Mayor Murphy was in a legal conflict of interest based on the language and interpretation of the statute.”

However, Noel did note that neither Murphy nor council acted in bad faith.

“I find no support in the record that Deputy Mayor Murphy or Council acted in bad faith,” Noel wrote. “They simply failed to apply a reasonable interpretation to the conflict-of-interest provisions in the act.”

Noel concluded that council’s decision be quashed because Murphy was indeed in a conflict of interest, and further, that Murphy not participate in any discussion of or vote on the matter should council introduce a new motion. 

Murphy, it should be noted, had declared she was in conflict on the matter prior to voting, but her colleagues on council disagreed and voted that she was not in conflict.

Goulds detectorist is on the prowl for prizes

By Craig Westcott/September 2, 2021

He hasn't found Peter Easton's gold, but Peter Pierce is turning up plenty of other stuff with the detectorist kit he bought at the beginning of the summer. The former Goulds Arena attendant, 65, bought two metal detectors earlier this year to take on a hobby in his retirement.

There's been no treasure unearthed, but he's discovered plenty of fun.

"I just saw it (a metal detector) online one day and said, 'Geeze, I might be interested in that, I'll have a look at that now.' So I went to Canadian Tire and I bought one and put it all together, and went out and got at it," Pierce said.

The cost was about $180 on sale, he reckoned. Pierce also bought a hand sized metal detector called a pinpointer.

"You can buy them at Canadian Tire or anywhere," he noted.

The Goulds resident spent 19 years working at the Goulds Arena and agreed you wouldn't need a metal detector to find objects left in dressing rooms after hockey games. When retirement came, he looked for something to occupy his newfound time.

"I just wanted a hobby," said Pierce. "I needed a hobby, something to do, something that's not too hard, because I've got back problems."

And what is he finding?

"I'm after finding some coins and things," said Pierce. "They're not old, old coins. And I've found a lot of garbage. But if you find anything, you take it with you. You don't put it back in the ground and bury it over. You take it with you and dispose of it, if it's no good. Anything valuable you keep for yourself."

The oldest coin Pierce has found has a date of 1912 on it. He located it in the ground at Pippy Park. "But there are people who are after finding them a lot older than that," he added. "In the 1800s and that."

Pierce spends time detectoring at Kent's Pond, Pippy Park ("but not in the campsites - you're not allowed in there”), behind Confederation Building, on Confederation Hill, which is the big parklike grounds across from the government building, Pleasantville, the White Hills, Cape Broyle and other spots. Sometimes his wife Rhonda joins him. "You're not allowed to go to Signal Hill or any provincial parks or historic sites, or graveyards, especially graveyards," he pointed out.

Pierce said there's a good many people detectoring in Newfoundland. Recently he took part in an event organized by Digging The Rock, a Newfoundland detectorists' club. Organizers buried "treasure" in spots throughout Confederation Hill and detectorists from all over the province gathered to find them and claim prizes. 

"It was a day really for people to meet each other," said Pierce. "I'd say there was 50 or more there. They say on the island there's about a thousand (detectorists). It's interesting, right?"

Six months into his new hobby, Pierce is happy with his choice and thinks it's something he's going to stick with.

"I won't be doing it in the winter though," he said, laughing.

Goulds detectorist Peter Pierce with his metal detector on Cape Broyle beach earlier this summer. All he found that day was some old screws and nails. He found a Newfoundland coin dated 1912 in the ground at Pippy Park.

Cape Broyle Clean Up

Alex Challinor, left, and Blake Duggan spent this past summer working for Cape Broyle council. Their duties included cleaning up part of the scenic beach in the picturesque Southern Shore community.

Big changes at Witless Bay Town Hall

By Mark Squibb/August 26, 2021

There are some turnovers of key administrative players inside the Witless Bay town hall.

Earlier this spring, council announced that Assistant Clerk Administrator Barbara Harrigan would be retiring.

During last week’s meeting, council voted to fill that vacancy, written in the agenda as Financial and Administration Assistant.

Town chief administrative officer Pat Curran explained he had recommended one candidate be appointed but the town could not agree to terms with the candidate, so Curran recommended an alternative.

“I’m not sure I’m in a position to name that person for confidentiality reasons, but there is a tentative start for that position for Monday, August 30,” said Curran.

Council voted unanimously to hire the candidate for the position.

Council also had to vote on negotiating conditions for candidates for the position of CAO, as Curran will no longer continue in that duty as of this week.

“Council will recall that I’m transitioning out,” said Curran at the meeting, noting his contract had actually ended the previous Friday, but he will continue to act in the role in the interim.

Curran did have concerns about whether he would have proper signing authority, as his contract had officially ended.

“I don’t know that you would have to do anything by way of a signing authority, but it might be worth clarifying or asking the Department (of Municipal Affairs),” he advised. “Because I’m in a position where I wouldn’t feel comfortable signing documents or signing cheques on behalf of the town.”

It was agreed that the Town would discuss the matter of Curran’s signing authority with Municipal Affairs

Councillor Fraser Paul suggested council discuss the motion following the public meeting’s adjournment. There was no objection to this suggestion.

Finally, council had to vote to appoint a returning officer for the municipal election, as Geraldine Caul, Town Clerk Administrator, Commissioner for Oaths, ATIPP Coordinator, and, in election years, returning officer, is currently on leave.

Curran recommended Cathy Armstrong as an alternative returning officer, which council voted unanimously in favor of.

Businesses struggling, but help is available, says CBDC Celtic head

By Staff/August 26, 2021

The new chairperson of the Celtic Community Business Development Corporation (CBDC) says, in part due to COVID-19, now is a good time to see what the community-based lender has to offer.

“We assist with anyone who is looking to start a business, or grow a business,” said Nicole Bruce. “Through this pandemic there are probably a lot of people who received a lay off slip, and they don’t know where to go from here. There are opportunities for them to look into starting their own business.”

Current businesses have had to think on their feet just to stay afloat due to the pandemic restrictions.

“A lot of businesses are struggling, “said Bruce. “Anything with social interaction was put on halt. So, businesses needed assistance keeping up their bills and keeping staff employed. Pivoting and evolving mostly. A lot of businesses have had to turn on a dime, and figure out, ‘What can I do now, if I’m a restaurant and I can’t have walk-ins, how do I accommodate my staff, and how can I accommodate my clients?’”

In a world where ‘Zoom calls’ have become a household term, video chats have become one tool in the toolbox to help businesses manage the pandemic.

“I can meet with a client from any part of the world, at any time, and that’s also possible for youth, it’s possible for people who are retired and looking for a side business,” said Bruce.

The CBDC helps business in a variety of ways, from providing loans to advice to networking to training sessions on topics ranging from marketing to bookkeeping.

Youth Ventures, the wing of the organization dedicated to supporting and encouraging young entrepreneurs, is still active despite the pandemic, with the awards ceremony being held virtually last week.

“There are so many young, talented people in all of our regions,” noted Bruce.

The Bay Bulls resident was elected as chairperson in the last year, and had been on the board about three years prior to that.

“In a previous life, I used to work with NLOWE (Newfoundland and Labrador Organization of Women Entrepreneurs),” said Bruce. “I love business, and I love talking about business… When I left NLOWE, and I started up my own business again (Bullseye Branding), I really enjoyed the entrepreneurial side of things. And one day I got the CBDC newsletter in the mail, and I noticed they were looking for extra board members. So, I put my name in the game.”

This year also marks the thirtieth anniversary of the CBDC Celtic, which serves 32 communities along the Southern Shore and St. Mary’s Bay, from Goulds to Riverhead.

Bay Bulls extends snow clearing contract

By Staff/August 19, 2021

The Town of Bay Bulls has extended its snow clearing and ice control contract with Southeast Construction Limited for another winter season.

Deputy Mayor Wendy O'Driscoll made the motion to extend the contract during Monday's regular monthly meeting of council.

"It's that time of year again," said Mayor Harold Mullowney, introducing the agenda item.

"It (snow) is a dirty word," joked O'Driscoll.

"It's coming, we can't stop it," said Mullowney.

Turning serious, O'Driscoll noted that for the Town's purposes, snow clearing season officially begins on November 1 this year and ends on April 30, 2022. “The terms of the agreement are to remain the same including the pricing," she added, though the actual rate was not cited during the meeting or in the public agenda.

O’Driscoll’s motion carried unanimously.

Crown Land applications approved in Bay Bulls

By Staff/August 19, 2021

All but one of the six development applications on the agenda for the August meeting of Bay Bulls council met with unanimous approval Monday night.

The only application that was rejected involved a request for Crown Land on Cemetery Lane West for a subdivision.

Deputy Mayor Wendy O'Driscoll moved to deny the application based on a report the Town had received identifying the area in question as a potential watershed area. There were also "life safety issues" involved with the application regarding the access to the land, O'Driscoll added. Her final objection was that the subdivision would require use of Lower Path Road, "which is not up to the Town standards," said O'Driscoll."

Her motion to reject the Crown Land referral passed unanimously, with the exception of councillor Joan Luby, who was not in attendance at the meeting.

The other applications, including one for an extension to a home at 850 Southern Shore Highway, Crown Land referrals for single family homes at Station Road and Gunridge Road, and for a variance and a residential accessory building at 9 Dunn Drive passed unanimously. However, the Town did impose several conditions on the accessory building. "No part of the building is to be built within 15 metres of the highwater mark of the river," said O'Driscoll. "And a road damage deposit of $10 per load as per the Town of Bay Bulls 2021 Tax and Fee Structure is to be paid for the backfill excavation to take place." 

The Town imposed similar conditions on an application for a residential accessory building at 36 Dunn Drive, including a road damage deposit of $10 per load for any backfill and excavation needed. "And no work is to be conducted on any adjacent properties especially with regard to the backfilling of the area," said O'Driscoll.