The Village of North Hatley provides an update on Navigo’s media release
North Hatley, July 24th, 2024 – The Village of North Hatley wishes to rectify the allegations made by Navigo in its July 23rd media release to the effect that the municipal administration and Council refused to hear from the company, which wished to establish itself in North Hatley.
It is important to mention that, as mentioned in the media by Navigo representative Gabriel Boulanger-Théberge, Navigo began operations in 2023 following an agreement between the North Hatley Marina operator and Navigo. North Hatley’s zoning by-law, in effect since 2001, allows for the commercial use of “expandable activity related to a body of water” at only 3 locations in the municipality: the Marina, the Federal Wharf and Pleasant View Beach.
Last April, the municipal administration was informed of the installation of signs by Navigo on a commercial building located on Main Street. The owner of the leased building was advised (verbally at the Town Hall following a special Council meeting) on April 15th by the Director General that the signs were non-compliant, as they first required a permit application, and that at first glance, the nature of Navigo’s operation resembled an expandable activity related to a body of water, which is not permitted in this zone. An application for a sign permit was then filed by the building’s owner, Mr. Jacques Campbell, and not by Navigo’s representatives, on April 16th.
On May 9th, 2024, the municipality received a permit application, sent by e-mail by Mr. Boulanger-Théberge, outlining the planned operations, in particular the installation of docks, for the property leased by Navigo on Main Street. The request called for the installation of the docks to begin operations on May 18th, 2024. Navigo representatives were advised that a 45-day delay was required for the analysis of a permit application.
Despite not having obtained a permit, Navigo proceeded to install the docks and began operations around May 18th, 2024. On May 29th, 2024, Navigo representatives met with the municipal inspector, accompanied by the Director General. During this meeting, the municipality advised Mr. Boulanger-Théberge that Navigo’s operations were similar to an “extensible activity related to a body of water” as described in its by-law, and after verifications, it turned out that the interpretation of the by-law was the correct one, since a municipality cannot go against its own by-laws.
At this meeting, the Director General proposed that Navigo set up shop at the Marina, since the use was permitted in this zone, an offer that Mr. Boulanger-Théberge refused for logistical reasons associated with the height of the pontoons. Also at the May 29th meeting, Mr. Boulanger-Théberge asked the Director General whether Council would accept a zoning amendment request to permit the use required for their operations, and the possibility of meeting with Council to present their business.
“At the May 29th, 2024 meeting, Mr. Boulanger-Théberge asked us if Council would be open to a zoning amendment to allow the use of extensible activity related to a body of water in zone C-5, i.e. where they are tenants. It was explained to them that, in view of the recent study on the potential future of the Marina, it was unlikely that the Council would take a position on the matter, since a public consultation of the report was to be made, and that following this presentation, the Council would initiate a reflection on possible solutions for the Marina. Mr. Boulanger-Théberge was advised that if he wished, he could take part in the public consultation, but that it might be too early at this stage to consider a zoning amendment that could set a precedent in the Village without knowing exactly what avenue the municipality wished to give its Marina. On the other hand, it was mentioned that both questions would be put to Council directly at the June 3rd workshop. Having not held the public consultation on the future of the Marina, Council deemed it inappropriate to proceed with a zoning amendment on the use concerned in zone C-5 and therefore saw no relevance in meeting with Navigo at this stage.” Reported Director General, Mr. Benoit Tremblay.
On June 10th, Mr. Boulanger-Théberge sent a request for a meeting to all Council members, to which the Director General replied, mentioning once again that Navigo’s operations were described as an “expandable activity related to a body of water” and were therefore prohibited in zone C-5, and that Council was not, for the time being, considering any zoning changes and did not deem a meeting relevant at this stage.
Refusing to comply with current regulations, Navigo continued its operations. On June 20th, the Director General asked the Council, while meeting in-camera, for a mandate to have a notice of infraction prepared by the Municipality’s legal advisors, which the Council voted in favour of. The notice of infraction was sent to Navigo representatives and the property owner on July 3rd, requesting that the docks be dismantled and operations ceased within 5 days of receipt of the notice.
Mr. Boulanger-Théberge sent us an e-mail on July 10th, mentioning that he had received the notice of infraction and requesting the possibility of setting up at the federal wharf. We replied on July 12th regarding the procedure for requesting occupation of the public domain. We also suggested to Mr. Boulanger-Théberge that he send us an official request for a meeting with the Town Hall, which he did by e-mail on July 15th. We therefore agreed to a meeting on July 22nd at 10:30 a.m. at the Town Hall offices, but Mr. Boulanger-Théberge informed us at 7:49 a.m. on the morning of July 22nd that he would be unable to attend the meeting.”
The Municipality considers that it has acted in accordance with administrative and regulatory procedures in this case, and has shown flexibility in dealing with Navigo.
“I find it unfortunate that Navigo has chosen not to respect the administrative and regulatory process in order to properly establish itself in North Hatley. Their offer of service is commendable and Council is of the opinion that Navigo proposes an interesting offer of service, however, it would have been desirable if they had adopted a more honest approach to the municipality’s administrative and regulatory process and collaborated rather than making a show of non-compliance with municipal by-laws.” – Affirms Mayor Marcella Davis Gerrish.
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Source: Marcella Davis Gerrish,
Mayor
Municipality of the Village of North Hatley
819 842-2754
info@northhatley.org
