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Bylaw Backlash

Written by Rafe Mair

Thursday, 15 October 2009

I'm sorry to say this but Peach Akerhielm is clearly over her depth and unfit to govern.

Visitor's ought to be as welcome on our beaches and in our neighbourhoods as they are at the Mayor's cafe and store. This incident over divers has made us look like petty, parochial idiots. Here we are hustling and bustling to look good before the world for the Olympics while we yield to a few yappers in big homes who have just discovered that living ON a beach means that you have to live WITH that beach.

"Loud voices have been raised" says our Councilor!

Indeed they have! In fact over and over and over again! The problem is that the council has listened to noise not facts; to self centred windbags; to NIMBYs of the worst kind. Show up week after week at Council complaining of defecating divers, vicious dogs and near nudity and Council will meekly obey.

I'm pleased that the councilor has dropped the defecating charge and reduced it to mere urinating! Where in the world has she been! Of course it's bad manners to pee where you might be seen but does that mean that all who dive must be restricted if not banned? This is the sort of mind that's running our village?

The reasoning of Ms Peach is puerile. Lump in peeing divers with trespassers on the CN right-of-way and on private property and throw a few scary divers endangering themselves all into the same mix, cluck your tongue and cry out "Visitors. visitors'! The CN and private citizens can look after trespassers just as the rest of us do - or will our strata councils now be expecting one of our three (!!!) by-laws officers to patrol our parking lot and arrest the trespassers that use it as a short cut to the mayor's parking lot which, incidentally, has no parking limitations.

The attempted ban on divers succeeded one thing - it showed up our community as small town hicks before the rest of BC.

It's interesting to note that the first diver to accept my invitation to dive was faced by huffing and puffing Lions Bay-er who couldn't wait to tell him that he was delighted to have him as his personal guest!

I don't ask Councilor Peach to do any more than treat and welcome visitors just as we are treated when we use sea walls, creeks and parks in other communities.

This council has made us all look like fools - they should repeal their diving by law (which hasn't a prayer of standing up in court as they well know), apologize and vow to meet less since the fewer times these nincompoops meet, the better off we'll all be.

Sincerely,

Rafe Mair, citizen

Comments (9) >>

Mark Fleming said:

We could not agree more with Rafe Mair and Marion Walsh for their comments in our local publication. What has become of Lions Bay?

We have lived and raised our kids here for the last twenty seven years. It was a close knit, wonderful, safe community close to the city. Over time we have noticed the community is changing, particularly in recent years.

One of our kids favorite things was interacting with the divers at Kelvin Grove, ( formerly Millers Bay ). "Frogmen" emerging from the deep enthralled every kid down there. They would all race to meet them with a million quesitons and observations, all the while helping carry their gear up from the beach. Does it get better than that for a kid? That was community.

Twice a year we had "burning" days. Kids would help rake the leaves to see who could pile them the highest. Neighbours would chat. At the end of the day we would dig foil wrapped potatoes out of the embers. We all looked forward to those days. That was community.

Halloween saw small fires lit all over the village at the bottom of driveways. Costumed ghouls and witches, parents in tow were welcomed with hot chocolate etc. Where has that community gone? Why has burning been banned? Ahhh yes, the dreaded carbon emissions. Thank goodness, as now we are blessed with weekly diesel trucks spewing their noxious fumes on our tax dollar accomplishing the same thing.

Kelvin Grove is no longer recognizable. Over the last couple of years, what usd to be a magical place to spend a summer's night, has turned into an area rife with tension and confrontation. Marion Walsh is bang on with her comments. There are so many signs it is really hard to keep up with what exactly it is we are NOT supposed to be doing.

What is the next crackdown? No wood burning fireplaces? No firemens Halloween fireworks? No dogs without diapers? Better yet...no dogs? No smiling in public?
Why not get right to the root of the problem? Build a wall around the entire village....problems solved!

We have a beautiful entrance to our community now. Why? With the disdain we show to our visitors and our own citizens, we could have had used the beautification money and had our wall half built by now.

Sincerely

Mark and Barb Fleming

October 16, 2009

James Nelson said:

If you think the anti diving by-law is insideous, check out the new parking by-law. It is set up to punish those who have the timerity to park their boat and trailer, utility trailer or travel trailer in front of their own home for more than 24 hrs. Time for a new mayor and council.

October 18, 2009

Dave Hamlin said:

Rafe,

Thanks again for your talent of articulately of describing the persistent stupidity of the Lions Bay Mayor and Council.

My answer and recourse can be summed up in very few words: “The Canadian Charter of Rights and Freedoms”.
I recently presented Mayor Broughton and Councilor Akerhielm each with their own , very attractive, copy of the Canadian Charter. I found these beautiful copies of the Charter of Rights and Freedoms on the brochure rack of the Service Canada Office. I immediately knew who should reminded of the country that they live in and the laws that protect the rights and freedom of all. I also kept a copy for myself. So, The Canadian Charter of Rights and Freedoms has now become my Lions Bay “parking pass” and I will proudly display it on my dashboard whenever I go there for a visit.

If I receive a parking ticket, diving ticket or any ticket that contravenes the Canadian Charter of Rights and Freedoms, I will, without question dispute the ticket.
The Village of Lions Bay touts that it has adopted the Adjudication process as a means to deal with disputed bylaw tickets. How thoroughly was this Adjudication Process researched prior to it’s implementation? Under Section 269 of the Community Charter, it clearly states that disputed bylaw tickets are to be addressed by the Provincial Court. Disputes that involve a Charter argument, must be addressed by the Supreme Court, not the Provincial Court nor an Adjudicator. I shudder at the thought of the lashing that the Village of Lions Bay would receive as a result of the findings of the Supreme Court , not to mention the massive court bill that the Village would then be forced to absorb.

October 19, 2009

Joe W said:

Rafe,

I think you sum up feelings on the council's recent decisions (good neighbour, parking, parks use ...) well.

I'm outraged that our RV parking was removed in 2007 and never replaced.

Now I will be ticketed since I park my RV in front of my home.... even though my neighbours are in agreement to have it parked there. And to make matters worse I won't be able to park it there all spring, summer, and fall when it is regularly used.

How does one go about seeking a recall on a municipal politicians?

October 20, 2009

James Nelson said:

Joe W, We went through this song and dance in the current Mayor Broughtons last term. Even though petitions were presented and some councellors abstained the anti trailer rules were railroaded through. The current rules are even harsher. The village appearance takes precident over the citizens covenience.

October 20, 2009

Alice Tickner said:

I would just like to comment on how fortunate we are to have the local Mayor and Council that we do. They work for peanuts for this Village and I think that it is disgraceful the way they are dumped on. Nobody is perfect, but they are doing their best to protect us with the bylaws from the response that they are getting from their citizens. I'm sure Rafe if I told people excactly where you lived in Lions Bay, and in my art shows that I do downtown and even outside people who walk in the gallery doors, I certainly have ample opportunity to do that. But I wouldn't dream of it as you are a fellow Lions Bay citizen and I protect your privacy and safety. And is that not what the Village Council is doing for us? I'm sure if they are presented at Council the upset and concern that people have because there is nowhere for their boats and trailers to be parked, that the Council would find a solution for it. But to grump on a website is not the way to go about it. I for one have a lot of respect for the time and commitment that the Mayor and Councillors have for this Village, as well as the present high standards that they present to us. And for the records, it is not the "Mayor's" car park, it is the Lions Bay Village Centre's Stata Council car park and we do the best we can to serve you. Thank you.

October 22, 2009

James Nelson said:

Alice, the Council at the time, Bill Spohn, Carol Bajus, Peter Stevenson and Mayor Broughton were presented with signed petitions on trailers. Delegations took time to present their case in person to Mayor and Council only to be ignored and dismissed. v Council votes on the trailer by-law were deliberatly delayed to force people to return at a later date.The Mayor and Council invented a new definition of roadway to include all property not privately owned so parking could not take place off the travelled portion of the road.The sad fact is that the present Mayor (also the former Mayor) and her "barking dogs" do not want a boat trailer in the village. They reject the notion that a person might want to unlaod their travel trailer in less than the required 24hrs. Also the trailer must remain connected to the tow vehicle. A utility trailer to haul refuse to the reduction station must be parked on your own property. This requirement is outrageous in a village that has few level streets and has properties that are located either up or down from the road. On the question of council working for peanuts, the old saw goes " when you pay peanuts you get monkeys". J.Nelson
PS. We were better served by an unpaid Mayor and Council. I believe Mayor Broughton brought pay scale for Mayor and Council.

October 23, 2009

Rafe Mair said:

I feel I must respond to this.offering by Mr. Tickner
>
> The mayor and council knew what job they were seeking and the pay to be
> received. I've been in elected public life and know that when you screw up
> you can't claim that you work for peanuts or the hours you must work.
>
> I'm unclear what Mr. Tickner means about "privacy and safety" but I would
> remind him that it was the Mayor who went on TV not I. The issue of divers
> has nothing to do with boats and trailers and Mr. Tickner obviously
> subscribes to the theory practiced by at least one councilor namely mix the
> issue at hand with other irrelevant issues. Just as the issue of divers has
> nothing to do with trespassers on the CN right-of-way nor trespassing on
> private property it has nothing to do with boats and trailers.
>
> The issue of divers has made us look like fools - I had nothing to do with
> the passage of the bylaw but stood up for those of us who believe in the
> Charter of Rights and Freedoms and who believe that divers ought to be as
> welcome on our beaches as we are welcome to the sea walls, streams and
> hiking trails of others.
>
> Mr. Tickner, the fault for this mess lies entirely with the Mayor and
> Council and they ought to have the guts to apologize and repeal that bylaw
> along with the "good neighbour" one.
>
> In case Mr. Tickner wants to know if I ever apologized for my political
> errors I can say - you bet I did, promptly and fully and I will be glad to
> provide full details.
>
> Rafe Mair
> -----

October 24, 2009

Lawrence Ruskin said:

I have been here for 25 odd years here and every now and then some folks on council feel we just don't have enough law and order around here.

We seem to have entered yet another of these periods.

Take a look down in Kelvin Grove, there must be 20-30 signs down there, this is because ONE guy is complaining his head off.

And did you notice we now have signs telling us there are stop signs just 10 feet ahead.

Signs to tell us there are signs ahead?

This is a sign that taxpayer's money is being squandered...

October 27, 2009

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Last Updated ( Thursday, 15 October 2009 )

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