On March 18 CME moved a small 14 by 22 cottage style shed behind their fence, ending 3 months of non-communication and stone-walling, and property rustling.  The new waterfront company now has 9/10’s of the shed used for decades by the development group. Huh? Yup, but maybe there’s more, maybe that little shed is also a symbol of the hubris and folly of the CBRM administration. Here is a recap…

On March 11, 2016 Canadian Marine Engineering workers attempted to relocate the North Sydney Visitor Information Centre (VIC), from its location on Archibald’s Wharf where it had stood since 2009, to another location on CME property.  The crew was stopped by Business Improvement and Development Association (BIDA) board members, who upon questioning the workers were told that they were following instructions from CME management. A phone call was placed by the worker in charge to another CME staffer who in turn called the CEO, Mr. Tony Kennedy: CME’s position? A temporary halt to proceedings and the advice to the BIDA that questions about ownership of the shed should go to the CBRM.

Later that morning, a post about this incident appeared on the Facebook page The Greater Northside, which was picked up by the CBC host Wendy Bergfelt who contacted the BIDA Chair, Dan Bunbury.  She ran a story on the afternoon show Mainstreet which featured a taped interview with Bunbury and an email from CBRM Mayoral spokesperson, Christina Lamey. The email consisted of a timeline pertaining to the sale of Archibald’s Wharf purporting to show that through all the time and events transpired since the sale was made public in November, 2014, the BIDA had never spoken out about this building.

The rationale offered by the CBRM public relations office regarding the disposition of the VIC building operated and maintained by (BIDA), namely that the BIDA lost ownership because it didn't make a claim for said property before or while Archibald's Wharf was being sold, is both legally weak and morally suspect. Since when is it the law that property owners are required to make claims of ownership so others won't sell their property? 

Of course, as the seller of Archibald's Wharf, the CBRM had an obligation to contact the owners and renters impacted by the sale.   The proprietor of the Chill Zone was given 30 days notice and offers of assistance to relocate, the UNIFOR Union office 30 days notice and the owners of the Waterside Restaurant a handsome buy-out, but the BIDA was never contacted. The BIDA was not initially concerned about the fate of its building because it believed the structure was not situated on the land sold to CME. The original plot plan of the proposed sale released in December 2014 clearly showed this was the case. (Attachment 1: AW division lot map 1.jpg)  Another plot plan tabled in May 2015 as part of the documents supporting council’s vote on final sale approval showed the same thing:  the VIC shed stood on property to be retained by the CBRM.The final legal sale itself was not completed until October 20, 2015. A review of the plot plan attached to the final sale agreement now showed the lot had increased in size to include the land where the BIDA building stood. (Attachment 2: AW division lot map 2.jpg) This change, never voted on by council or made public, should have occasioned the CBRM to contact the BIDA – and way before it became official. That was never done.  Shortly afterward, CME finally erected a fence around its newly acquired Archibald Wharf property.  Since the fence line followed the original property line and did not capture the BIDA building, it was not aware any action was required.

.However suddenly, with no contact from CME or the CBRM, CME workers attempted to remove the building on 22 December, 2015. They were prevented by some of the BIDA directors. Phone calls were made to Mr. Tony Kennedy, CEO CME and councilor Clarence Prince. An email stating that the BIDA owned the shed and asking for a conversation was also sent to Mr. Kennedy. The email was copied to Mayor Clarke and Clarence Prince.  (Attachment 3 BIDA to CME, December 2015 VIC Shed.docx Note: this belies the statement by CBRM that the BIDA remained mute throughout the whole period).   Mr. Prince met with the BIDA in January when the disposition of the shed was discussed. He agreed the situation never should have gone down as it did. He said he would call Mr. Kennedy and ask him to contact the BIDA immediately.  The BIDA never heard from CME. 

The BIDA spoke with Mr. Prince twice since that meeting and told him both times CME had not contacted them. Mr. Prince always expressed surprise and dismay and said he would look into it but no communication was established. In the final analysis, this situation has been poorly handled by the CBRM.  As the sellers of Archibald's Wharf it had a responsibility to ensure a 'clean' sale.  As long time collaborators with the BIDA on the VIC building and many other issues over the years, the CBRM knew full well the circumstances of the VIC building and should have expended the same due diligence  as it did on the other parties impacted by the sale.

While the VIC building is a small piece of infrastructure, it has played a big role in the promotion of downtown North Sydney and Cape Breton generally and still has usefulness to the BIDA.  Unfortunately, In addition to the loss of the shed, 3 historical interpretive panels located on the Archibald’s Wharf boardwalk are gone.  They were, or are, part of a set of four installations around downtown put in a several years ago. CME workers told the BIDA on March 11 they had been thrown out. The email from Christina Lamey said they were given to the Northern Yacht Club.  Why the different story, and why no contact with the BIDA about it?

That the CBRM would make false that the BIDA made no claim is bad enough, but the real crime is that they would treat a volunteer-based, small development group so shabbily. Yes, the BIDA opposed the sale of Archibald's Wharf, and so did the majority of the citizens on the Northside.  Is this the treatment opponents of Mayor Clarke’s port development schemes are to expect?