Wednesday, September 3, 2008

Property Sale?

There has been a rumour that the fence property has been sold.  This has not been verified so consider it as simply a rumour.

What Will PUBB Do With Your Support?

  • With sufficient funds will conduct a legal action for a court decision on the public’s legal rights of access and use of the beach now fenced in
  • Continue political pressure at municipal level to ban future fences on the beach
  • Continue political pressure at provincial level to get involvement of Attorney General
  • Continue political pressure at provincial level to get support for Bill 43

 

What has PUBB Done 2006-2008?

Township

  • Lobbied township to put a stop to construction of fence.
  • Responsible for township commissioning study on fences in township
  • Submitted written input to that study
  • Made fences on the beach an issue in the municipal elections
  • Participated in public meeting on bylaw amendments regarding fences
  • Made deputation to council regarding fences on the beaches
  • Numerous letters to and meetings with politicians and staff

 

Province

  • Wrote letters to the following:
    • Premier
    • Minister of Natural Resources
    • Minister of the Environment
    • Minister of Government Services
    • Minister of Municipal Affairs and Housing
    • Attorney General
  • Made fences on the beaches a local issue in the provincial election
  • Participated in press conference at introduction of Right of Passage Act
    Established connection with Shorewalk Association
  • Met with opposition critic on Natural Resources
  • Numerous meetings with local MPP Garfield Dunlop

 

Federal

  • Discussions with officials of Department of Oceans and Fisheries
  • Letters and phone calls with office of local MP Bruce Stanton

 

Other

  • Conducted two general information meetings
  • Conducted 6 fund raising events
  • Established blog and broadcast email lists
  • Retained a lawyer and developed a legal strategy

 

Capsule Version of PUBB's Mission

A number of property owners along the shores of Tiny Township have taken steps to have their properties extended from the original positions to the water’s edge.

For most this is a 2 step process.

Step 1

Survey to the water’s edge and apply to have the new boundaries confirmed through the Boundaries Act. 

A Boundaries Act decision does not deal with ownership nor does it deal with the rights any other person or the public may have on that property.

The owners of the fenced property at Balm Beach have successfully completed Step 1.

Step 2

Apply for clear or absolute title to be confirmed under the Land Titles Act.

Until a successful application has been completed under the Land Titles Act, the property is still subject to interests in land that others may have by virtue of a pre-existing length of possession or use.

PUBB is not aware that the owners of the fenced property at Balm Beach have started Step 2.

What Now?

If the owners take Step 2, PUBB intends to file an objection on behalf of the public.

If the owners do not take Step 2, PUBB intends to take legal action though the courts to establish public rights of access and use of the property.

What are our Chances?

There is no sure thing but presently, in Ontario, there are many cases in which the courts have ruled in favour of the public based on the fact that “extended public use” or historical traditional use was a valid objection.

 

Monday, August 18, 2008

Tiny Township Strategic Plan

There will be a meeting to seek public input on the new draft Strategic Plan for Tiny Township.  The meeting will be held at the Wyebridge Community Centre on Friday, August 29 at 9:00 am.

 

All those who are interested in the future of Township are urged to attend.

Monday, July 28, 2008

PUBB Launches Fund Raising Campaign to Support Legal Action Against the Fence

Over the past year, PUBB has worked very closely with its lawyer to develop a legal strategy to establish public rights to the property which has been fenced.  We are now seeking to raise $60,000 to commence this process in the courts.  Donations can be made to PUBB and sent to PUBB, PO Box 222, Perkinsfield, ON., L0L 2J0.

 

If, for any reason, the legal action does not proceed, we will return your donation so please include your name and a complete mailing address with your donation.

 

Why would we not proceed?  This best reason would be that the Attorney General for Ontario fulfills his role of “guardian of the public interest” and takes over the case.  PUBB will continue to work on that front.

 

Balm Beach Fence Upate

Last week there were two more incidents related to the fence.

 

On Wednesday night, someone set fire to the fence.  There was some minor damage and charring.  Fortunately, no one was hurt but if the fire had become out of control, much greater harm could have been done.  PUBB continues to speak out against this type of action.  We believe that there is a proper and legal way to deal with the matter and we urge people to support us in that action.  Below is an excerpt from a press release issued by the local detachment of the OPP.  PUBB supports the police in their efforts to bring back order to the community.

 

“Inspector Rick Philbin, Commander, Southern Georgian Bay Detachment of the Ontario Provincial Police (OPP) wishes to advise the public that there is zero tolerance when it comes to committing criminal acts in his detachment area.

 

Recent events in Tiny Township involving land disputes have escalated to reports of damage to property and, most recently, arson.   The level of risk to human safety is increasing to both residents, the community and to emergency responders.  The actions of the very people who are participating in this criminal activity are tarnishing the reputation of the respectable people of our community.

 

I would like to send a strong message to those in our community who may think this type of behaviour is permissible, it is not and it will not be tolerated!    The actions of these hooligans, who must feel they are making a statement, are nothing more then cowards who are lurking around at night, causing damage and putting peoples lives in jeopardy.  They are also putting the property and livelihood of other business owners in the area at risk. The deliberate setting of last night’s fire, in such a windy area, could have had catastrophic implications.  This civil unrest must stop!  Those who feel so strongly about this private property/access issue should take the debate into the legal arena.  For those who believe that they have claim of some sort to any property must make their claim legal and official. There is a process that can be taken, my advice is to get a legal opinion.

 

Our officers will work vehemently to find those responsible for committing these crimes and ensure they are brought before the courts to answer to the charges.”

 

 

On Thursday afternoon a teenage boy was attacked while walking in front of the fenced property.  The fence owner and his son have been charged with assault.

 

 

Monday, July 14, 2008

Correction RE Great Lakes Right of Passage Act - Bill 43

We have been reporting that the number for this act was Bill 202.  That was the number given to it when it was introduced in the last session of the legislature.  When it was reintroduced after the election, it was given a new number Bill 43. 

 

From now on if you are referring to the Act, use Bill 43.

Navigating the Township of Tiny Website

All items discussed by the Tiny Township Council are included in the agenda for each meeting.  Most of the discussion, reports and deputations are part of the Committee of the Whole (COW) meetings during the day.  Decisions are made at the regular Council Meetings, usually in the evening.

 

To see what is on the agenda and to read the reports,  take the following path:

 

www.tiny.ca > Council Agenda > Committee of the Whole Agenda – 2008 > then pick the meeting date you are interested in.

 

Council agendas are usually posted on the Friday before the meeting.

 

For a meeting schedule, go to:

 

www.tiny.ca > Council > Municipal Meetings > Committee of the Whole and Regular Council Meetings.

 

This should help you keep up to date.

Thursday, July 10, 2008

Second Act of Vandalism Against the Balm Beach Fence

Unfortunately, there was a second act of vandalism against the fence at Balm Beach during the night of July 9.  PUBB has issued the following statement.

PUBB was dismayed to learn of a second act of vandalism against the fence at Balm Beach.  As stated many times before, PUBB does not support this action.  PUBB spokesperson Doug Lorriman says “PUBB still believes that the way to resolve the issue of public rights to use this beach is through legal and political channels.  However, it takes a long time for the ‘public’ to organize and launch a legal challenge and this requires a great deal of patience.  Clearly,  as demonstrated by the incidents over the past two weeks, for some members of the public this patience has run out.  We call once again for calm and call upon our elected politicians at both the municipal and provincial levels, particularly the Attorney General, to take leadership in the resolution process”.

 

Monday, July 7, 2008

UPDATE

There has been a lot of action up here at Balm Beach over the last week and much media coverage.  Here are answers to the most frequently asked questions:

 

Regarding the chainsaw attack on the fence:

                The fence has been repaired.

                A gentleman from Unionville has been arrested and charged.

                One of the fence owners did sustain some minor injuries.

                PUBB issued the following statement after the incident:

 

                PUBB is very sorry to learn of the physical action taken against the fence on the south side of Balm Beach and wishes to make it clear that this action was not supported in any way by PUBB.   Doug Lorriman, PUBB spokesperson, said “although our objective is to see the fence removed, we have promoted from the beginning that this be done through legal means.  We do not condone destruction or violence.  We do not feel that the action taken yesterday helps our cause or Balm Beach.  It does, however, underscore the frustration that many people feel from the lack of political leadership on this matter.”

 

 

               

 

 

PUBB has an email address

PUBB has set up an email address.  If you have any specific questions or wish to help in any way, please contact:

 

pubb@rogers.com

 

We will not have time at this address to get into long discussions on topic but we will try to give timely answers to questions.

Write to you own MPP

To access your local MPP contact information, go to www.onla.gov.on.ca and follow the link to “Members (MMP’s)”, there is even a postal code search option, or call Elections Ontario at 416-326-6300 or 1-888-668-8683.

 

Here are some of the points you can make:

  • Explain that although this is a shoreline issue, you and many other of their constituents use the shorelines throughout the province for recreational purposes
  • If your MPP is Liberal, ask them to petition the premier and their ministers to take action on this matter
  • If your MPP is Conservative of NDP, ask them to also petition the premier and the Attorney General to take action and petition their own party critics to raise the issue in the legislative assembly and the media
  • Support Bill 202

 

Write to the Attorney General

Here is how you can contact the Attorney General:

 

Mailing Address:              Hon. Christopher Bentley

Attorney General

Ministry of the Attorney General
720 Bay St, 11th Flr

Toronto ON M5G 2K1

 

Email Address:                  cbentley.mpp@liberal.ola.org

 

 

Here is a sample letter:

 

 

I am writing to seek your intervention in the matter of the private fence which has been erected across the beach at Balm Beach.  Balm Beach, on the shores of Nottawasaga  Bay is visited by thousands of visitors each year.  These people come from the local North Simcoe areas, the GTA and Southern Ontario as well as overseas.

 

The fence now extends down to and, on some days, into the water so it is virtually impossible to pass without going into the water.  This fence blocks off access to a beach area which has been used by the public for generations.  I understand that I can launch a court challenge to restore the historic rights of access and use but I do not have the money to do this nor do I feel that I should have to put up my own money to protect the rights of all the public.  That should be the role of government.  Furthermore, I fear the if this fence is allow to remain, it will encourage others to erect fences which will ultimately decrease historic public access and use of more and more beach areas.

 

I understand that a mandate of you office is to protect public rights and that is why I am asking for your help.

 

(Then add some of your own comments and or stories)

 

 

Write to Premier Dalton McGuinty

Here is how you can contact the Premier:

 

Mailing Address:              Rm 281, Main Legislative Building

Toronto ON M7A 1A4

 

Email Address:                  dmcguinty.mpp.co@liberal.ola.org

 

 

Here are some of the points you can make:

 

  • Many Ontarions and visitors to the province use the beaches on the shores of Nottawasaga Bay
  • It is one of the closer beach areas to the GTA
  • Balm Beach is an alternative to Wasaga Beach when the former becomes too crowded
  • Public use of a great provincial treasure is being denied by private interests
  • No leadership by government is leading to “wild west” situation
  • The public interests must be protected
  • Municipal government refuses to take action
  • Problem is not just limited to Balm Beach but other parts of the province as well
  • Support Bill 202

 

 

 

 

Write to Tiny Township Council

Here is how you can contact the Council of Tiny Township:

 

Web Site:              www.tiny.ca

Email Address:      council@tiny.ca

Mailing Address:  Township of Tiny
130 Balm Beach Road West RR#1
Perkinsfield, ON  L0L 2J0

 

Here are some of the points you can make:

 

  • Disappointment that they did not take the opportunity to deal with the issue of fences on the beach when given the opportunity
  • Remind them of statements made during the election campaign (See earlier posting on this Blog)
  • Why did they not follow the advice of their consultant
  • Why have they not applied the principles in the Official Plan

 

Let your politicians know you want action

PUBB encourages all of its supporters to contact their politicians and call for action to resolve the fence issue and restore public rights to the use of the beach.

 

A phone call is the least you can do.  It lets them know that there is interest in their constituency.

 

An email is better since you have taken the time to write it but it will fall among many other emails that arrive daily in the politicians offices.  Emails are easy to send so a lot of people use them.

 

A written and mailed letter is the best.  It sends the message that you took the time and demonstrates your real concern.

What Can You Do?

PUBB is continuing its fight to have the fence at Balm Beach removed and to restore public use and access to the beach.  At a recent information meeting, supporters were given a list of actions which they can take to help in the fight.  Actions include:

  Get more than angry, do something

  Write letters  (See next postings for contact and other information)

  Township

  Province

  Support Bill 202

  Bill 202 is the Right of Passage Act.  More on this in other previous postings.

  Join Shorewalk Association

  www.shorewalk.ca

  Talk to your friends and neighbours

  Support legal action

  Money

1.       We will be announcing details of our fund raising campaign shortly

  Time

1.       We need volunteers to help us raise funds and do some background work for the legal case.

  Keep tuned to this blog

 

Information Meeting

There was standing room only at The Place on Saturday June 21 to hear an update on PUBB’s efforts to have the Balm Beach fence removed.  A review of all activities of the last two years was presented along with the plans for the continued political pressure and legal action.

 

Simcoe North MPP Garfield Dunlop spoke at the meeting and expressed his support for our cause.  He is working to get a meeting with the Attorney General.  Mr. Dunlop agrees with PUBB that the AG is not only the best person to resolve this matter but it is his responsibility to fight for public rights.

 

At the meeting, PUBB supporters were provided a list of actions they can take to help the cause.  These are detailed in the following postings.

Monday, June 30, 2008

Part of Balm Beach Fence Destroyed

On Sunday, June 29, a person with a chain saw destroyed at least two sections of the fence.  We do not have full details of the incident but it was reported by A channel news and was the subject of a short segment on Toronto radio station CFRB.

 

Following the incident, PUBB has issued the following statement:

 

PUBB is very sorry to learn of the physical action taken against the fence on the south side of Balm Beach and wishes to make it clear that this action was not supported in any way by PUBB.   Doug Lorriman, PUBB spokesperson, said “although our objective is to see the fence removed, we have promoted from the beginning that this be done through legal means.  We do not condone destruction or violence.  We do not feel that the action taken yesterday helps our cause or Balm Beach.  It does, however, underscore the frustration that many people feel from the lack of political leadership on this matter.”

 

Wednesday, June 11, 2008

Information Meeting

PUBB

(Preserving the Use of Balm Beach)

 

Is hosting an

 

Information Meeting

Regarding the

Balm Beach Fence

 

Date:             Saturday, June 21

Time:             10:00 am

Place:            The Place, 300 Balm Beach Rd. W.

 

PUBB will be providing a report on efforts to legally remove the fence from the beach and restore historic public access and use.  The meeting will:

Ø Review what has been done to date

Ø Present the current status

Ø Consider future actions.

 

Save your beach rights

 

Tuesday, May 27, 2008

Balm Beach Secondary Plan

In an earlier posting, it was reported that Tiny council had decided to commission a study to create a Secondary Plan for Balm Beach.  This month a Request for Proposals was issued to consultants for this study.  The proposals are due at the end of May and we hope that the study will start soon after that.

 

Council has said that it wants good public input in this study.  We will keep you advised on how and when this input will be sought.

 

We hope this study will lead to some positive developments.

 

Thursday, May 22, 2008

Contact your MPP

It came to my attention that some people may not know how to contact their MPP.  Good point.

 

To find contact information, go to www.onla.on.ca and click Members (MPPs).  A list of contact information is available from that page.  If you do not know who your MPP is, there is a Postal Code search option available on that page as well.

 

Another way to get a list of MPPs is from the Shorewalk Association web page.  In fact, I encourage you to visit their site at www.shorewalk.ca.  There is a lot of good information there.

Wednesday, May 21, 2008

Right of Passage Act

As reported on this blog last year, MPP Kim Craitor introduced the Great Lakes Shoreline Right of Passage Act.  Unfortunately this bill was introduced to late in the session to receive more attention than first reading.

 

Mr. Craitor promised that, if re-elected, he would reintroduce the bill in the new session.  Well, he was re-elected and he reintroduced the bill in March.

 

The next challenge is to get the bill past second reading before it goes to committee.  For this to happen, it needs a good base of support from the MPP’s.

 

We ask you to contact your MPP and seek their support for this bill.  It will not solve all the problems at Balm Beach but it will certainly help.  In your messages you can explain how private interests are slowly denying public use of beaches which have been previously accessible for generations.  You should also explain how the fence has affected your enjoyment of Balm Beach.

 

To see a copy of the bill, go to www.ontla.on.ca and take the following path:

 

Home  >  Bills & Lawmaking > Current Parliament > Bill 43, Great Lakes Shoreline Right of Passage Act, 2008

 

Your support in this way is important in helping our efforts to have the fence removed.  Please act.

Fence Update

Those who have not been up to Balm Beach yet this year will remember that the fence extended across about two thirds of the beach to the water and the remaining gap was filled with numerous pieces of furniture which impeded but did not totally block passage.

 

This year things have changed.  In the fall the fence was extended by another four sections which significantly narrowed the distance to the water.  This spring, the boat rack was relocated to fill the remaining gap to the water so now passage is virtually impossible without getting your feet wet.  As this entry is being written, the wave wash is hitting the last post of the fence and the boat rack is completely awash.

 

This unfortunate development underscores the need to seek all legal remedies to have the fence removed and restore historical access and use of all the beach.

Blog Reopening

This blog has been silent for the past few months because many of our members have been away or otherwise engaged.  But summer is coming and the fence is still an issue here Balm Beach.   We will restart our use of the blog to keep you up to date on matters pertaining to the fence and general beach access and use in our community.

 

Please stay tuned.