Private landowners boggled by lack of info on Ragged Beach Land Reserve
‘It’s up to us to fight for our rights,’ says Churchill
By Mark Squibb
October 20, 2023 Edition
The latest chapter in Ragged Beach’s controversial history is being written with the announcement last month the Province is declaring a Crown Land Reserve in the area, putting an end to future development of government-owned land along the coast. But it remains unclear how it will affect the several private landowners who own small pockets of property near the area.
Some 600,000 Atlantic Puffins breed just two kilometres off the picturesque beach. But the beach is also home to a controversary that has been ongoing for more than a decade, as special interest groups, supported for much of the time by current Deputy Mayor Lorna Yard, have worked to stop a couple of private landowners from building on their lots.
The Province announced in September that a new 75-hectare land reserve will protect the Witless Bay Ecological Reserve’s bird populations from potential impacts of future development.
The aim is to ensure light pollution from any future development is minimized for the Atlantic Puffin and Leach’s Storm Petrel populations that frequently fly from the islands to the coast along Witless Bay.
Quick on the heels of the Province’s announcement, councillor Ralph Carey, during a public meeting on October 11, informed council that at a future meeting he will bring forward a motion to “rezone Crown Land in the Ragged Beach Dark Coast area from Residential and Rural to Conservation.” That could effectively stop all development in the area.
Private landowners in the area are concerned about the impact the changes may have on their rights.
One of them is Witless Bay resident Ron Harte, whose family, along with others in the community, used to grow vegetables on their land in the area years ago and retained access to their property through a longstanding public right of way. Harte owns just over two acres of land there and would like to use part of it for a building lot. Harte wants to widen the right of way to access his land and has endured several Appeal Board attempts and protests by Yard’s allies including nearby large landowner Noel O’Dea to stop him. A previous council gave Harte the go-ahead to widen the road, but several protesters, including Yard, blocked a tractor from doing the work. Meanwhile, the new council, whose members ran as a slate endorsed by Yard, overturned the previous council’s decision to allow the widening of the right of way.
Harte is fearful the new conservation zone will make it impossible to access his property, even though the department has said provisions will be made for private landowners who can demonstrate previous rights.
“The right-of-way is a public right-or-way,” said Harte. “Just try putting a road on conservation land… you’ll have to get special permission from the Minister.”
Harte also claimed that residents of the area were not informed of the implementation of the conservation area ahead of time.
“There was no notice, no nothing, until it was done,” said Harte. “There were no meetings, no request for input. Nothing.”
The Attorney General, meanwhile, in a Supreme Court decision dated June 30, 2021, determined the right-or-way is for public use, and that the former “cart path” has been used by members of the public since 1948. The Attorney General determined the right-of-way has been accepted as a public road, Harte said.
Harte said he understands the desire to the protect sea birds, that can be found all long Witless Bay’s coast including in other populated parts of town, but also feels his family should be allowed access, via a publicly recognized road, to his two-and-a-half acres of property to build a single-family home on.
Gary and Ann Marie Churchill, who found themselves targeted by special interest groups when they wanted to build a house on their private land in the same area over a decade ago, have also expressed concern over the new provincial Crown Land conservation area. The Churchills later managed to build a gazebo on their property despite a campaign by Yard and her allies against it.
“When we saw the plan — and I’m assuming it was created by Crown Lands, that’s our understanding — it’s incorrect in it’s mapping,” said Gary Churchill. “In fact, it shows our private land as being a part of Crown land, and also the access, which is important for all of us, as being part of the reserve. It’s very strange. And to me, that’s completely incorrect because that’s not Crown land, that’s a public roadway.”
Churchill noted the number one recommendation of Commissioner Wayne Thistle, who oversaw public hearings regarding development in the area back in 2016, was that the rights of private property owners be respected. (Thistle also found that rumours of massive housing developments planned for the area, were unfounded. The rumours were part of a sophisticated misinformation campaign and even contained propaganda that gates were going to be erected across the East Coast Trail to prevent the public from hiking in the area.)
“So far, we have seen no attempts to respect the rights of people in the area,” said Churchill. “Crown Lands and council claim they are not impacting private landowners, but the mapping and the lack of communication certainly doesn’t bear that out…. If they are going to establish a reserve, we see no reason whatsoever they wouldn’t establish it beyond the private land.”
Churchill said the conservation area, and furthermore the notice of motion presented at the last council meeting, essentially landlocks residents like himself and Harte. He also criticized the lack of public consultation ahead of the decision.
The Churchills have requested further information and clarification from the provincial government as to the conservation map. Churchill and his wife have also requested meetings with council, but to no avail.
“The purpose of a municipal council is to represent all the people in the town, and all property owners, equally,” said Churchill. “What we would like to see is them be reasonable about this and start this land reserve after our property… I can’t’ believe that either Crown Lands or council do not realize we own the property there, and it’s up to us to fight for our rights.”
The Irish Loop Post requested interviews with Yard, Carey and Mayor Trevor Croft. The mayor directed all inquiries to Town CAO Jennifer Aspell. In an e-mail Aspell acknowledged Carey’s notice of motion, but said there was no further information available, including any information regarding private property.
Yard and Carey did not respond to the requests for interviews.
Bay Bulls to pick up part of the tab
By Craig Westcott
October 20, 2023 Edition
It took a little bit of hashing out, but Bay Bulls council has agreed to support an upcoming East Coast Trail Association (ECTA) fundraiser by donating space and labour to provide lunch for the hundreds of hikers expect to converge on the town next year.
When Mayor Keith O'Driscoll broached the donation request at last week's public council meeting it looked for a minute as if no one was willing to support the idea, as there was dead silence when he called for a motion.
After a prolonged silence, O'Driscoll asked for a motion a second time. Again, there was silence, until finally councillor Jason Sullivan broke in and admitted he hadn't read the correspondence on the matter that was contained in his council kit, but was doing so then.
"I guess I'll start one off to get something going," chipped in Deputy Mayor Jason O'Brien.
He then moved that council make a donation of free use of the Bay Bulls Regional Lifestyle Centre to accommodate a lunch for the hikers, and that the Town's staff volunteer their time to serve the food. O'Brien noted that as far he knew, that's how the Town handled such requests from ECTA in the past.
Town Clerk Ashley Wakeham confirmed that the last time Bay Bulls hosted the ECTA fundraiser, in 2019, Town staff volunteered to serve the lunch.
"We (the Town) did also pay for the lunch that year," Wakeham said.
Sullivan seconded O'Brien's motion.
"We have the facility there and we have staff so it's a good thing to help support," Sullivan said. "The trail doesn't bring a whole lot of money to the town, but it does bring some, so it's nice to support it."
Mayor O'Driscoll asked for clarification on whether ECTA was also asking the Town to pay for the 'Hearty Hiker's Lunch' to be served at the event.
"Not necessarily," said Wakeham. "In 2019, the Town did participate in paying for the lunch. It says here on the memo that it was between Bay Bulls and Witless Bay. I know our costs were $5,300, so I'm guessing that was 50 per cent of the lunch (costs)."
O'Driscoll then asked whether council wanted to set a dollar value on the donation the Town would provide.
"I thought we were just providing the building and the staff, I didn't know we were providing money (too)," Sullivan said.
"I think if we offered the facility rent free that would satisfy them, and some volunteers to help out on the day of (the hike)," said Wakeham, noting the fundraiser isn't held in Bay Bulls every year, but is rotated around a number of communities where there are trailheads with facilities capable of hosting large events.
Councillor Cory Ronayne asked if council should offer a nominal donation in addition to the use of the Lifestyle Centre.
"Do you want to say to a maximum of $1,000” suggested Wakeham.
"That's what I was thinking," Ronayne said.
"That would probably help with their transportation costs as well as the other offerings," Wakeham allowed.
Sullivan suggested that ECTA be made aware there are two bus companies in Bay Bulls. "They could contact them," he said. "I don't know if they know."
Put to a vote, the now three-point motion – to provide the Lifestyle Centre rent free on the day of the hike to host the lunch, Town staff to serve it, and a financial donation of $1,000— passed unanimously.
Still with donation news, council also voted to provide money to the Witless Bay Volunteer Fire Department for its Pumpkin Patrol at an amount yet to be determined.
"Do we have a normal amount that we usually (donate)?" asked councillor Sullivan.
"This is the first year we've actually had a request to give a donation to Pumpkin Patrol," said Wakeham.
"I'll make a motion to match whatever Witless Bay is donating," said Sullivan.
"I think we should define it a little bit further," said Deputy Mayor O'Brien. "We don't know what they're donating."
Mayor O'Driscoll suggested staff contact Witless Bay to see what the Pumpkin Patrol cost in past years.
Sullivan then cancelled his motion to clear the way for Ronayne to make a new one.
"I'll make a motion to support this for the Witless Bay Volunteer Fire Department, but we'll have to do an e-mail vote or whatever once we get clearer details on how much to match Witless Bay," Ronayne said.
Sullivan seconded that motion which also passed unanimously.
Ethan Williams acclaimed as newest member of Bay Bulls council
By Mark Squibb
October 13, 2023
A recent Mobile Central High graduate has been acclaimed as the newest member of Bay Bulls council following this week’s nomination day.
“I heard about the vacancy, and for me personally, and in terms of where I’m at right now in terms of my post-secondary education, and my job as well, the timing just added up,” said Ethan Williams, 19. “I talked with my family and friends and work colleagues, and community members, and they seemed really supportive. So, when the support is there and people seem to want you at the table, it was hard not to run.”
Williams, who turned 19 this past April, said that for a long time, the youth demographic has felt disenfranchised by politicians at any level.
“A lot of youth didn’t feel represented, they didn’t feel that their voices were being heard, and that just lead to youth not caring about politics as a whole,” said Willaims. “But youth getting involved in politics isn’t just youth getting involved in politics, it’s youth getting involved in the community. And if we want to build strong communities, having everyone that makes up our communities as a part of that is integral.”
Williams is a full-time MUN student, where he studies business and political science, and works part time in the oil and gas industry.
He was elected to the Youth Parliament Board in 2022 and serves as Vice President Internal. He was re-elected to that role in 2023.
“Youth Parliament is a great organization that seeks to do exactly what we’re all trying to do as youth involved in politics, and that’s get youth involved in not only politics and government but in our communities as well,” said Williams. “It’s been a great stepping stone to getting more youth comfortable with the political process.”
Each year, the Youth Parliament selects a group of young people to debate hot button issues in the House of Assembly for a week.
Williams said the Youth Parliament affords an opportunity to grow accustomed to Parliamentary democracy and bolster the participants debating and public speaking skills, and he hopes to bring the lessons he’s learned in the classroom, on the jobsite, and in the House, to the council chambers.
“Right now, my big focus is making sure that people are represented as best as they can be, and in doing so, help grow a stronger community and create a greater sense of community,” said Williams.
When asked whether council ought to remain as a five-member group or should return to its former regular complement of seven members, a motion that has been debated in council several times over the last number of years, Williams said he’s open to either option.
“It’s definitely something that could be looked into,” said the rookie. “But then the problem lies in filling those extra two seats. It boils down to what the people of the town feel is best. If they want increased representation, it’s something that we should look into. But if they feel comfortable where we are at now with five, then there’s no need to look into it any further if the people of the town are comfortable. Is it something I would be open to discussion on? Absolutely. But in terms of a clear answer on whether or not I believe five or seven seats is better, right now I don’t have one. If the discussion is brought up, I’ll form an opinion on it once I hear from people in the town and my colleagues. But as of right now, I’m keeping an open mind to the possibility of the change, but also recognising that it may not be something at the forefront.”
Williams fills the seat vacated by Shannon O’Driscoll, who resigned in September due to work commitments.
This week’s nomination day was the second since council was elected in September 2021. The first call for nominations followed the resignation of Mayor Neil O’Brien in August 2022. Councillor Corey Ronayne stepped forward to fill the opening at that time, after which council agreed to promote councillor Keith O’Driscoll to the position of mayor.
Volunteers already planning Ferryland Days 2024
By Mark Squibb
October 13, 2023 Edition
Mark your calendars, July 24 to 28 has been designated as Ferryland Days next year.
The five-day event, which will serve as the lead up to the annual Shamrock Folk Festival, is being organized by a committee of local volunteers.
“The Shamrock Festival is the premier summer event in Ferryland,” said committee member Nathan Ryan. “And a group of us got together and were chatting, and we said, ‘It doesn’t need to be just the two-day Shamrock Festival, but what if we have a Ferryland Days and bring back the softball tournament and the dory races, similar to what happened in 2019 with Come Home Year, but on a much smaller scale?’”
From those conversations, a five-member committee, consisting of Ryan, Katie Barbour, Lucille Hynes, Erica O’Brien, and Wayne Ryan, was born.
“We’re only in the early days, but we’re getting going,” said Ryan. “We’re already on the road to mapping things out and getting some firm details in place.”
He said the committee will be busy over the coming months fundraising, recruiting volunteers, and seeking government financial support.
Ryan said folks have already expressed an interest in lending a hand.
“There are people who have come to us and said, ‘We support what you’re doing, we just don’t have the time to sit on a committee, but we’ll volunteer any way we can,’ and so it was nice to have that broad range of support,” said Ryan. “Ultimately, we want to make things as affordable as possible, and nothing is going down. And so, the less of a burden we can pass on to the people participating in the events the better. And that comes from partnerships and funding from government and different fundraising initiatives.”
While no events have been set in stone yet, Ryan said there are a number of ideas on tap, including a sports day and outdoor movie and other activities aimed at youth to make the festival more attractive to young families.
Plenty of other events are being planned as well.
“A big event that was a real big success in 2019 during the Come Home Year was the community breakfast, and that’s something we’re passionate about doing again,” said Ryan. “There’s a whole bunch of ideas around the table, and I’m sure there will be more yet.”
Ryan said the committee has met with the Southern Shore Folk Arts Council, which hosts the Shamrock Festival each year, to discuss Ferryland Days.
Whatever else happens, Ryan said the Shamrock Festival will remain the Shamrock Festival.
“That’s not going to change,” he said. “The Southern Shore Shamrock Festival will always remain. But what we’re going to do is have something leading up to that weekend.”
And while the festival is a long way off yet, Ryan said the committee is eager to get the word out early.
“People make their plans and decide if they’re coming home for the summer early in the winter,” said Ryan. “They’re making those plans in the winter, so we have to be prepared by early January or February.”
Nomination Day rescheduled for Witless Bay by-election
By Mark Squibb
October 13, 2023 Edition
The Town of Witless Bay did not hold the Nomination Day that was scheduled last Thursday, October 5, citing circumstances beyond its control.
The new Nomination Day has been set for November 1.
The October 5 date had to be postponed because of a sudden unexpected availability of staff that day, according to a spokesperson at the Town Hall.
Should more than one candidate come forward for nomination on November 1, a by-election will be held on November 27.
The by-election is necessary to fill a vacancy left by former councillor Nancy Burke, who resigned mid-August citing work commitments.
On Wednesday, council voted to ask the provincial government for a by-election deadline extension. It’s the second time this year council has failed to hold a Call for Nominations and by-election within the time frames specified in the Municipal Elections Act.
Conception Harbour chief would love to see more members
By Craig Westcott
October 6, 2023 Edition
The Conception Harbour Volunteer Fire Department is like many such brigades around the province these days: doing more with fewer people.
"We're looking for members, to be honest with you," said Chief James Lewis after just returning Tuesday from a trip to Immaculate Conception school in Colliers where members from his department and the sister departments in Colliers and Avondale enjoyed talking with children about the basics of fire safety. That's an activity many fire departments do regularly in the never-ending effort to encourage safe practices at home to prevent fires, accidents and tragedies.
Lewis said the Conception Harbour department has about a dozen volunteers and many of them have day jobs, or other work commitments that take them out of town. Hence the need for more members.
"You'd don't have to be from the community to join," Lewis said. "We'd like to get some new young blood."
The department did manage to attract three new members this year.
How big of a commitment is it?
"We have a meeting once a week and probably on Thursday we'll get together for a bit of training," he said. “On the scattered Sunday we might take the truck out for practice."
Lewis reckons there's at least a call for service every week. "It's not only fires, we also have to go and perform first aid (on the highway) when people get hurt, before the ambulance gets there," he said.
Lewis has been a member of the department for some 35 years and said it is a rewarding experience.
"Everybody in the community respects the fire department," he said. "But the problem is getting younger members. We need younger members. And you don't have to be real young, either. We need new members in our department."
Lewis said the fire departments in Conception Bay Centre give each other a lot of support and their members sometimes even train together. They also have mutual aid agreements to help if one particular department has to answer a particularly challenging call and needs more resources.
Speaking of resources, the Conception Harbour department could use more equipment too, Lewis said.
"We need equipment, we need funding," said the chief. "We do our own fundraising but it's not enough to get all the things that we need."
On top of the wish list is a new pumper truck.
"Well, it doesn't have to be a new one, but an up to date one," Lewis allowed. "Our pumper is an older pumper with a tank on it... We need some government funding. Funding is our biggest thing, and members, we need more members."
Guiney completes loop around the Irish Loop
Goulds blue frog highlight of family vacation
By Mark Squibb
October 6, 2023
Many a frog calls Second Pond home, but only one of them, as far as is known, is blue.
Leanne Murphy and her husband Jeff Cahill live in Calgary, Alberta, but hail from the Goulds.
The family makes the trip to Newfoundland each summer with children Jude, 10, and Layla, 7, in tow.
“Last summer when we were home, Jude and Layla had discovered a frog pond down at the end of Donovan’s Road, and so they caught a few frogs, and fell in love with catching frogs, because they live in Calgary, and you just can’t do that there,” said Murphy, who maintained it’s important that her children experience a true Newfoundland summer each year.
Returning to the Goulds this summer, Murphy said the kids were both eager to get back to the frog pond and were diving into the gully chasing after frogs on only their second day back.
And although frogs are unique in their own right, there was one that stood out from the rest — a rare blue frog.
Catching the blue frog, which appeared to be larger than many of the other frogs in the pond, became a top priority, and with the aplomb of Ahab chasing after his whale, Jude set himself about the task.
“He kept spotting this blue frog, and eventually he caught it, and he was over the moon with excitement,” said Murphy.
After taking some pictures of the frog, they released it back to its habitat so it could go about whatever business it is that frogs attend to.
Of the dozens of frogs in the pond, there appeared to be only the one blue frog to be found.
Blue frogs are incredibly rare. Scientists say that most frogs appear green because they sport a layer of yellow pigment atop their grey skin. Frogs lacking this yellow pigment, however, appear blue in colour.
Brian Murphy, who is Jude and Layla’s grandfather, said that catching the blue frog was definitely a highlight of the trip, and that out of the blue (pardon the pun,) Jude would say, “I can't believe that I caught a blue frog,” for days afterwards.
Outside of catching frogs, Jude and Layla enjoyed hiking the Manuel’s River trail in CBS (“they wanted to go there everyday,” said Leanne), looking at fossils at the Mistaken Point Ecological Reserve, watching whales at St. Vincent’s, visiting Bowring Park, and exploring the Petty Harbour Mini Aquarium.
Some protection for private landowners in Ragged Beach reserve
By Mark Squibb
October 6, 2023 Edition
Some details have been clarified about the Ragged Beach land reserve announced by the Province this week to protect the puffin colony off Witless Bay.
For the last decade, special interest groups and private landowners have butted heads over land between Mullowney’s Lane and an area inland from Ragged Beach.
In a press release, the Province said it was establishing a new land reserve “in the area of Ragged Beach in order to further protect the Witless Bay Ecological Reserve bird populations from potential impacts of future development.”
The release noted that 82 percent of all North America’s puffins breed around the coastline of Newfoundland and Labrador, and the Witless Bay Ecological Reserve, located one to two kilometres offshore from the Ragged Beach area, is home to North America’s largest colony of Atlantic Puffins with over 600,000 breeding birds calling the area home.
The release said as a result of the reserve status, new development of Crown land in that area will be restricted to ensure light pollution in the area is minimized and protections are enhanced for the Atlantic Puffin and Leach’s Storm Petrel populations of the nearby Witless Bay Ecological Reserve.
Asked how the new reserve will affect private landowners, Mayor Trevor Croft and Deputy Mayor Lorna Yard directed questions to town staff.
A request for details was also sent to the Department of Fisheries, Forestry and Agriculture, such as whether the dimensions of the reserve have been determined and how the reserve may affect private landowners in the area.
In an e-mail reply, staff informed the Irish Loop Post the new land reserve is 75 hectares and is currently being uploaded to the Provincial Land Use Atlas. Staff also said that private land is not included in the reserve. And while development will be restricted, the Minister may issue grants, leases, licences and easements where required on an urgent basis for the public good, if a person has acquired interest under section 36 of the Lands Act, if an application for Crown land was received prior to September 26, 2023 ( the date the reserve came into effect) or for improvements or maintenance of the East Coast Trail network.
The area has long been contentious. A council two terms ago tried to implement a 99-hectare reserve there and was accused of trying to prohibit private landowners from accessing their properties. The council that succeeded them in 2017, passed a motion throwing out the plans for such a reserve. More recently, the new slate of councillors elected in September 2021, themselves passed a motion overturning that previous motion, in effect reinstating the plan for a Town-initiated Land Reserve.