Centre Wellington council has taken its next step in the process of charging commercial operators who use township property, but it also learned here Monday there are many viewpoints to consider.
Council heard three delegations, and then heard from Recreation Director Andy Goldie.
Dr. Mark Sugamori and Rita Perron told council they do not want the noise from the Irvine Gorge. Their property backs onto a laneway that runs along the gorge.
Sugamori said did not appreciate council allowing ziplining and rock climbing because participants are noisy. He is on call for 50% of his working hours, and often needs to sleep during the day. He has lived on Smith Street for ten years, “And with the screaming and noise, it’s difficult to get restful sleep.”
As an emergency room doctor, he sees a number of injured from the gorge, usually “one or two a year.” He did not see why council would authorize such use near residences.
Perron said of the operators, “Every time I approach them the roll their eyes. They’re disrespectful.” She said she called One Axe Pursuits, of Guelph, to complain about the noise, and the women there sent the police to see her.
Frederick Schuett, of One Axe, said when he received Perron’s complaint, he asked his clients to keep the noise down, and shifted some of his operations away from them. He apologized to the neighbours for the noise, and was surprised to learn some did not hear anything. He said only the ziplining extreme operation is near their property.
He added that there are plenty of groups using the gorge, and many are noisy -not just his company and clients.
“Only Ms. Perron has complained about noise,” he said.
Schuett supports what the township is doing.
David Falla, of Upward Bound, said he was surprised to learn about the proposed agreement, and had not had much time to prepare. His company offers hot air balloon rides from Bissell Park, and he objects to a fee of over $150 proposed for using a park for a couple of hours a day.
Balloon rides run 6 to 7am and again just before sunset. He said the cancellation policy is unfair because balloons are governed by weather, and his clients understand the weather must be just right or the ride is cancelled. Upward Bound has been offering the rides from that park since 1994.
His setup has no impact on the park, and he objects to the provision in the agreement that would deny him the use of a truck on the grass to unload his two balloons. His business attracts hundreds of people to the village, many to take rides, as well as family and friends to see them take off. Even when a morning event is cancelled due to weather, chances are the clients will stay in the village, probably at least for breakfast.
He said he hopes the township agreement will offer special provisions for hot air balloons.
Goldie said council decided an agreement is needed with commercial operators, and risk and liability are among the chief reasons.
He said the township will need to negotiate with individual business owners. There would be a standard agreement for such things as insurance coverage, but details in each schedule would determine the way for each company to work.
As for fees, he considered fees charged by other places for similar access. He included an administration fee, but noted that could be a one-time payment for companies operating year after year in town. He noted permits would be easy to track, and township officials could determine where there are problems with operators.
Goldie pointed out a large number of non-profit groups spend thousands of dollars to use township facilities, and he sees no reason why commercial operators should not pay their fair share. He also defended the One Axe company, and noted township staff realize they are not the only people responsible for noise coming from the Irvine Gorge.
He said two companies that operate out of Elora also use Rattlesnake Point at the Halton Conservation Area, and they pay fees there, as well as instructors and clients each paying a $5 admission to that park.
He said, the township wants the right to cancel the use of, say, Bissell Park by Upward Bound if there is a special event scheduled. The township would give the company four weeks of notice.
As for the wear and tear on the grass in parks, he is willing to consider it site by site.
Councillor Fred Morris had concerns in discouraging commercial companies from using township facilities. He noted the Halton Conservation Area took in $11,000 in fees last year, and that has been dropping over the past few years.
“It’s not a big bag of money,” Morris said. “I’m a little uncomfortable putting roadblocks in the way of businesses that bring tourists to the area.”
Goldie noted the Fergus Truck Show and the Fergus Scottish Festival and Highland Games bring thousands of people to the township every year, and those groups pay.
“I don’t see it any different for commercial operators,” he said. “These types of arrangements are no different.”
Councillor Walt Visser agreed township councillors “have to protect ourselves. I think this is a good discussion.”
Morris was not saying there should be no agreement for commercial operators, but he is saying, “Be fair.”
Goldie said his department is trying to be consistent, but he cannot tell what the final agreement with each company will be until the township sits down and negotiates them.
Mayor Joanne Ross-Zuj asked if each agreement would be brought back to council for ratification, and Goldie said it would.
He added once agreements are signed, the township can legally charge with trespassing any commercial company that operates on township lands without an agreement.
Ross-Zuj suggested that is similar to the township’s transient trader bylaw. Goldie agreed, and added, “or filming.” The township has fees in place for people shooting movies and commercials.
Council then voted unanimously that Goldie and his staff should proceed with talks with known commercial operators and try to reach agreements with them.
