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County gains potentially increased role in encampment response

By Cecilia Nasmith

Cobourg council this week voted unanimously to increase the latitude allowed the County of Northumberland in dealing with such issues as the west beach encampment that is entering its third week.

Municipal Clerk Brent Larmer outlined a lengthy report on the issue that he had prepared, starting last week during his holidays and ending within a half-hour of the beginning of the council meeting.

His report stressed an important point in relation to the town's 2016 bylaw to regulate, manage, protect, control and govern all public parks and open spaces – that these powers and duties can be delegated to a person or body, subject to certain restrictions.

Larmer presented a set of amendments to the bylaw that – while council endorses the regular enforcement of appropriate bylaws and regulations to effect the lawful shared use and enjoyment of Cobourg's public spaces – the County of Northumberland can be brought into the process in situations where they may be better equipped to find a solution. In the case of the encampment, for example, the county has housing and social programs that the town would not.

“From my understanding, the idea is to allow the county to do what the county would do anyway – to address the emergency as they see fit,” Mayor Lucas Cleveland.

“Similarly, this bylaw, should it pass, would simply pass that serious responsibility on to the county, should they choose to issue permits,” Cleveland added, referring to the bylaw's mention of the county's Chief Administrative Officer being authorized (in certain circumstances) to permit those who cannot be taken care of within the existing social-services infrastructure to erect temporary structures on specified (and mutually negotiated) municipal property.

Lengthy discussion ensued on the mechanics of such negotiations, apportioning of costs, what might constitute a triggering event to bring in the county. Given that the bylaws and report were completed mere minutes before council began, Chief Administrative Officer Tracey Vaughan said, not quite all the details have been worked out.

“I am absolutely shocked you would even consider this,” Councillor Miriam Mutton declared.

“All parklands? You must be kidding!”

It was Councillor Brian Darling who made an amendment that the county could negotiate access to municipal property – not just parklands – and Vaughan said the choice of what property to use would depend on the need at the time and what available space might best be utilized in terms of a number of criteria (vicinity to a playground, for example, or ecological considerations).

It's permission for the county to have access to the land in an emergency situation, the mayor reiterated – not permission to set up encampments.

“I have to make it clear to the public this council is not abrogating its responsibilities in any way, shape or form,” Councillor Randy Barber added.

“It's coming up with a solution that has been well thought out. It's passing on a decision to an upper tier that has the over-all responsibility for the public.”

It's a problem that is not going away soon, Barber said, and it's a problem more and more communities are experiencing.

“This is a reasonable solution, I think, to the issue in front of us right now.”

Mutton didn't like the idea of the county gaining use of municipal property without council participation.

“There will be surprises, and we will be the ones getting e-mails and telephone calls,” she complained, urging that the vote be put off until further details can be settled.

“The encampment doesn't have permission right now, and it doesn't seem to stop them – and in terms of waiting longer, I am adamantly against that,” Cleveland insisted.

“The county has the services,” Councillor Adam Bureau pointed out.

“They are the ones with the money, they are the ones with the expertise. We are not. This report we just got gives the county the responsibility to finally step up and help our municipality. If there is an issue, they will go to the proper channels.”

“In an emergency situation, they will come to our staff and they will discuss what the situation is and what a solution may be,” Barber said.

Though she requested a recorded vote – and in spite of her lengthy misgivings – Mutton voted with the rest of council to approve the amendments. But she balked again later in the agenda when the amendments came back in the form of a bylaw.

She objected that she got only revisions, not a complete amended bylaw incorporating the revisions.

“This is getting pretty sloppy,” she objected.

“I understand the need for this, but there really is not an excuse for not having this fully drafted out in front of us – having all the information includes that parking bylaw.

“It's quite incredible to me. I have to chase information, then it comes late. I fundamentally find being left out of the information loop is not OK.”

Councillor Adam Bureau pointed out that Larmer had done the work during his week off.

“We had something huge that happened in Cobourg with these encampments. He took the time on his vacation to answer everybody's questions, to work with staff, to go out and talk with all the directors and the county,” Bureau listed.

“I get it. It was in a rush. But he did it and we have gotten the county on board, finally. To me, this is a good-news story, and I actually want to thank the staff for doing this.

“We could have waited. We could have had until Sept. 5 (the next council meeting) to even deal with this issue, so I just want to say, hats off to you, Mr. Larmer.”

Though Mutton had declared she would vote against the bylaw, she abstained instead, leaving the rest of council in support.