In a special meeting Wednesday, Cobourg council voted four to three to fence off and close the beach until June 7 – the date Cobourg council will make its decision on a staff report on what will happen at the beach for the summer.
Chief Administrative Officer Tracey Vaughan said the recommendation has the endorsement of the Emergency Control Groups, which has met frequently since the pandemic began and through the course of ever-evolving provincial regulations made in response to three waves of COVID-19.
The latest is a Stay-At-Home Order that runs at least through June 2 and sets out rules for the use of parks – which the ECG has interpreted as including the beach. These rules state clearly that they remain open for the purpose of allowing people to move or walk through. The problem with the beach is that it has been the scene of large gatherings, and dealing with them is beyond the range of tools at the town's disposal.
It's a health risk at a time when 34% of the cases now being identified in the HKPR area have no clear source, Vaughan said. And with the holiday weekend coming up, that risk can only increase.
Councillor Nicole Beatty asked if similar measures were contemplated for other beaches and waterfront areas, but Municipal Clerk Brent Larmer said none of these other areas was nearly so large or so popular. Health unit Manager of Health Protection Bernie Mayer – a member of the Emergency Control Group who was in attendance - said closing the beach was an option other municipalities had decided on.
Councillor Brian Darling had a question for Cobourg Police Chief Paul VandeGraaf – would entering the beach when it was fenced off constitute trespassing in addition to a violation of the Stay-At-Home Order. The chief said it would be both a contravention of the Stay-At-Home Order and a charge of trespassing that would give the police sound arresting authority under the Trespass To Property Act – while arrest authority for the Stay-At-Home Order violation under the Emergency Management and Civil Protection Act is less than clear.
He said he had been on the beach that day – supposedly a virtual school day and a virtual workday – and had seen well over 100 people on the sand. On a Victoria Day weekend, he would estimate more than 500 people might well show up. With the beach open, the chief foresaw a difficult situation.
“I could cancel all leaves, I could drag every officer, special constable and auxiliary in, and we could move people off the beach. What I as chief have to consider is the health and safety of my people and the reputation the Cobourg Police Service has attained, which is one to be very proud of,” VandeGraaf said.
“This is an untenable situation. I liken it to pushing water up a hill without a bucket. It would be sunrise to sunset. We'd be in the position of basically removing people from the beach.”
Councillor Aaron Burchat asked if any alternative measures had been considered besides the fence.
“Given the scope and scale of the beach and staff resources we have and the tools in the tool kit in terms of enforcement, there's not a lot of tools at our disposal that are tenable,” Vaughan said.
“I think the challenge is – without the fence, without shutting the amenity down, you are in a similar situation with giving EMCPA tickets.” she said of the weekly demonstrations in front of Victoria Hall.
What's happening on the beach was described as a perfect storm by Chief VandeGraaf.
“Great weather, a great beach, frustration built up in everybody,” he listed.
“When I say people are frustrated, that's our employees too, the people who report to work every day for the Town of Cobourg, whether they are in uniform or not.
“It's a chess game. Every move we do today, we anticipate the countermove.”
Every weekend his phone rings constantly – from Friday evening when people ask if the police will be at Victoria Hall the next day to Saturday at 6 p.m. when people ask why he didn't just arrest them all.
“That's why I use language like untenable. I think council is doing the right thing,” he said.
While he has generally received support on the engage-explain-educate-and-then-enforce approach at the Victoria Hall demonstrations, he suspects that the community would not stand behind such an approach on a beach with 750 people.
Burchat pointed out that people can't really be expected to know how to behave on the beach when there's no signage at any entrance point to explain the provincial regulations that require them to keep moving.
“Most common people, if a sign says you can only walk through, are going to just walk through,” Burchat said.
Beatty said council and staff must take some of the blame for what she saw as inadequate messaging in this regard.
Councillor Emily Chorley quoted information from the Ontario Science Advisory Table on the importance of outdoor activities for the physical and mental health of all ages, especially children whose schooling has been impacted by the pandemic.
“From what I am seeing, people are not complying with the recommendations, not necessarily staying with members of their own household, not wearing a mask if they are within two metres as is recommended,” Mayer said.
“I have seen families gathering on the beach, laying their blankets out, setting up on the beach – not walking through, not exercising as is stated in the regulations. Hence, not in compliance.”
“Please remember – this is not our first Stay-At-Home Order,” Mayor John Henderson pointed out.
“We have been at this for some time, and I think communications have been excellent between all the various groups working together to get out that consistent messaging.
“We should have learned the lesson after the first wave. Now it's the third wave, and God forbid we enter a fourth wave come the fall.”
“I am willing to take the e-mails and take the heat and say, 'we do this in the best interests for the next few weeks,'” Darling said.
“Definitely having the fencing up is the right thing to do,” Councillor Adam Bureau agreed.
“This is safety first, in my opinion.”
“We have parks all through this town, we have all kinds of amenities to walk through, the playgrounds are open during those two weeks,” Deputy Mayor Suzanne Seguin said.
“I feel a more proportionate response is to have it closed on weekends and statutory holidays only,” Chorley insisted.
“We can't control all the risks, but I think we can reduce them to a certain degree, and I really would have liked to see a lot more done to inform the public on what they are allowed to do and what they are not allowed to do on the beach.”
Chorley made the amendment to close the beach weekends and statutory holidays, but it only got three votes – her own, Burchat's and Beatty's.
With the amendment defeated, the vote on the original motion to accept the recommendation and erect the fence proceeded. It won with four votes – Henderson's Darling's, Bureau's and Seguin's. The cost of the measure will be $2,000 plus HST for fencing and $330 for signage.