Battle on the docks

Construction crews fight township over use

MUSKOKA LAKES — A four-year battle continues to rage in Muskoka Lakes over who gets to use the township’s docks.
Construction owners are upset with Muskoka Lakes Township council for their behind-doors decision made in consultation with the Adam’s Bay Residents Association to close the Birch Avenue Dock in Adam’s Bay to commercial use on Mondays and Fridays.
The dock is one of two major ramps used by contractors to barge materials to and from job sites on Lake Rosseau.
Incredulous gasps swept through a crowd of about 40 contractors at a council meeting on Monday, April 16, when they learned council has made a 10-year agreement with the Adam’s Bay Residents Association to close the dock to commercial use on Mondays and Fridays.
Arnie Coulson, owner of Coulson Bros. Scow Service, said it greatly affects how construction workers in the area do their work.
“This whole group, it impacts us because we can have an island that’s a 15-minute barge ride out from Adam’s Bay,” he said. “Now we’re going to be an hour and a half to the alternative landing because it’s restricted.”
That means they pay more, it takes longer, and they burn more fuel, resulting in more emissions, he said.
Wayne Judges, owner of Judges Contracting, spoke to council at the end of the meeting.
“A lot of the Adam’s Bay Association members, in case you aren’t aware of this, had their boathouses built out of the Adam’s Bay Landing,” he said.
The agreement is the result of a lawsuit between the association and the township.
According to the court document, the town of Port Carling had been dealing with complaints of over usage of the launch since as early as 1966, prior to the formation of the District Municipality of Muskoka. The document said development has increased exponentially in pace and intensity since 2000.
The battle between contractors and the township began in 2007-08 when Muskoka Lakes council repaired some of its public launching facilities, including two facilities on Lake Rosseau and one on Lake Joseph. As part of the arrangement, council decided to close the Birch Avenue dock to commercial vessels on Fridays.
For more than a year prior to the decision, neighbours of the dock lobbied to completely close down commercial use of the ramp, presenting council with an engineer’s report outlining a number of safety issues on the laneway leading up to the waterfront landing.
Cottagers complained they weren’t able to enjoy swimming or boating from the dock because of the contractors.
At the time, council decided on a two-month trial period where construction workers were not permitted to use the dock on Fridays.
That turned into four years.
When township council attempted to reopen Adam’s Bay for commercial access on Fridays, the Adam’s Bay Residents Association contested it and won. The association is in the midst of lawsuit filed with the township to force the closure of the launch to commercial vessels entirely.
“I don’t understand how a lawyer can make a decision for an entire township,” said Coulson.
Walt Schmid, CAO for Muskoka Lakes Township, said the Adam’s Bay Association is going to continue taking the township to court, challenging the parent bylaw.
Alice Murphy, mayor of Muskoka Lakes, said the decision was made to protect construction workers in the future.
“By isolating the solution to one landing, we were then able to legally protect the rights of all of the other landings and not have them compromised,” said Murphy.
Coulson disagreed.
“By making this decision, this is opening the doors to petitions from everybody else,” he said. “The last time we were before council for Birch Avenue, the residents of Skeleton Bay had already petitioned to have restrictions on Skeleton Bay.”
Skeleton Bay is the only other major launch contractors are able to use on Lake Rosseau.
Council was divided on their support.
Coun. Jean-Anne Baranik was concerned about the precedent.
“We have to look into other suitable locations for landings. This has basically taught us a lesson that if somebody complains loud enough and has lots of money, they can fight tooth and nail for what they want,” said Baranik.
If this happens at Adam’s Bay, it may happen at another landing, she said.
Before the mayor went behind closed doors for a private meeting with her wayward councillors, a ripple of disapproving chatter ran through the audience. Murphy called out one of the ratepayers for speaking out of turn.
“I can hear you,” said Murphy.
After several questions, Murphy asked the audience member, “You would like to stay?”
After a meek “Yes, Ma’am,” from the outspoken spectator, council disappeared behind closed doors.
A more compliant council returned to the table a few minutes later.
Coun. Phil Harding expressed their will to work with the construction workers by opening the dock for an extra week in the fall, and opening it a day earlier in the spring.
Several contractors laughed, suggesting it was nothing compared to what had been taken away.
When the mayor hushed the audience, saying they had to move along, some in the boisterous crowd replied they had all day, they were already taking off work.
During his delegation to council, Mike Rieger, owner of Rieger Contracting & Dockside Welding, told council they were losing money to be there.
“Make no mistake, I and the other business people here today are not paid to be here. We are all losing money to be here,” he said.
They were kept waiting an extra 40 minutes at the beginning of council before they were able to make their scheduled delegation.
The construction workers continually expressed their desire, not for commitment, but for change.
Rieger told the mayor he wants action.
“I voted for you, Alice Murphy,” he said. “Please tell me I didn’t make a mistake in trusting you with my livelihood, my children’s future and the future of this community.”
Council created a three-person workforce to look into the issue. It plans to meet with the association along with the contractors to try to find a solution.

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