View - The Municipality of Lambton Shores

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES 

Regular Meeting of Council 

Meeting Number: 07-2013 

Date of Meeting: Monday, February 11, 2013 

Time: 

Place of Meeting: 

06:15 p.m. 

Village Complex, Thedford 

AGENDA 

Pages 

1. Call to Order 

2. Declaration of Pecuniary or Conflict of Interest 

3. Confidential Business 

3.1 Closed Session Meeting Minutes - January 14, 2013 

3.2 PL Report No. 08-2013 - Re: Forest Industrial Lands 

(Authorization to Close - Section 239 (2) c of the Municipal Act) 

3.3 D.C.S. Report No. 25-2013 - Re: Pearl Street Encroachment 

Issue (Authorization to Close - Section 239 (2) c of the Municipal 

Act) 

4. Consent Agenda 

4.1 Correspondence from Elysia Petrone - Hamilton 350 Committee - 

Re: Enbridge Pipeline from Sarnia to Montreal to Allow Pumping 

of Tar Sands Bitumen to the U.S. 

4.2 January Update from Jenna Allain, Program Supervisor - Ausable 

Bayfield Maitland Valley Drinking Water Source Protection Region 

4.3 Correspondence from Dana Thorne, Curator/Supervisor - 

Lambton Heritage Museum - Re: 2013 Feature Exhibit - Shine: 

Spotlight on Women of Lambton 

4.4 Correspondence from Susan Humphrey, Regional Director - 

Canadian Wildlife Service - Ontario - Re: Consultation on the 

Proposed Recovery Strategy for the American Badger, Jacksoni 

Subspecies in Canada 

4.5 Notice of Public Information Centre - Bright's Grove Sewage 

Treatment Facility Municipality Class Environmental Assessment 

4.6 CL Report No. 14-2013 - Re: Applications Heard by the 

Committee of Adjustment on January 24, 2013 

1 - 2 

3 - 5 

6 - 9 

10 - 13 

14 - 14 

15 - 16

4.7 CL Report No. 15-2013 - Re: Applications to be Heard by the 

Committee of Adjustment on February 28, 2013 

17 - 18 

5. Confirmation of Minutes from Previous Meetings 

5.1 Regular Council Meeting - January 22, 2013 19 - 20 

5.2 Regular Council Meeting - January 28, 2013 21 - 36 

6. Delegations, Public Meetings & Presentations 

6.1 7:05 p.m. - Garry Glenn - Re: Present & Future Use of the 

Thedford Village Complex as a Municipal Council Chambers (See 

D.C.S. Report No. 17-2013) 

6.2 7:15 p.m. - Bernice Rade - Re: Request to Reconsider a Decided 

Matter (See D.C.S. Report No. 26-2013) 

37 - 60 

61 - 62 

7. Correspondence & Petitions 

Correspondence - For Council Direction 

7.1 Justin Speake - Re: Clear Answer to My Three Simple Questions 63 - 64 

7.2 Anne Walkinshaw - Re: Placing a Moratorium on Cell Towers 65 - 65 

7.3 Jean Dorey - Re: Costs Associated with the Dismissal of John 

Byrne as Chief Administrative Officer 

66 - 66 

8. Consideration of Committee Minutes and Staff Reports 

8.1 Minutes of the Board Meeting for the Forest Business Improvment 

Area held November 21, 2012 

8.2 Minutes of the Special Board Meeting for the Forest Business 

Improvmenet Area held December 6, 2012 

8.3 Minutes of the Board Meeting for the Forest Business 

Improvement Area held January 29, 2013 (Includes Proposed 

2013 Budget) 

67 - 69 

70 - 70 

71 - 74 

Planning 

8.4 PL Report No. 09-2013 - Re: NextEra Jericho Wind Inc. Wind 

Power Project Draft Municipal Consultation Form 

75 - 84 

Community Services 

8.5 D.C.S. Report No. 17-2013 - Re: Council Chambers 85 - 93 

8.6 D.C.S. Report No. 24-2013 - Re: Southcott Pines Three Way Stop 

Proposal 

8.7 D.C.S. Report No. 26-2013 - Re: 60 Main Street, Forest - 

Vibration Complaint 

94 - 97 

98 - 117

Finance & Administration 

8.8 TR Report No. 19-2013 - Re: Phasing Out of the Penny 118 - 119 

8.9 CL Report No. 11-2013 - Re: Proposed Amendment to the "Chip 

Wagon Licensing" By-law 99-2007 

120 - 133 

8.10 CL Report No. 13-2013 - Re: Chairty Donation Boxes 134 - 137 

8.11 CL Report No. 12-2013 - Re: Report from the Office of the 

Ombudsman - Re: In Camera Meeting November 13, 2012 

138 - 142 

9. By-laws & Resolutions 

9.1 By-law 16-2013 - Re: Amendment to the Chip Wagon Licensing 

By-law (See CL Report No. 11-2013) 

9.2 By-law 17-2013 - Re: Respecting the Erection of Stop Signs at 

Intersections (See D.C.S. Report No. 24-2013) 

9.3 By-law 18-2013 - Re: Confirm Resolutions to Date 143 - 143 

10. Accounts 

11. Notice of Motion 

12. New Business 

13. Councillor Reports 

13.1 Report from Deputy Mayor Davis-Dagg - Re: Economic 

Development Committee - Preliminary Council Input February 11, 

2013 

144 - 151 

14. Opportunity for the Public to Seek Clarification 

15. Adjourn

Hamilton 350 Committee 

22 Wilson St. # 4 

Hamilton, ON 

L8R 1G7 

hamilton350.org 

January 29, 2013 

Municipality of Lambton Shores 

7883 Amtelecom Parkway 

Forest, ON 

N0N 1J0 

All Pain No Gain! 

To the Mayor and all members of council, 

We are writing about the increased risks that will soon be affecting your municipality and its residents 

without compensation or consideration for the environment, water quality, and prosperity of your 

municipality. It is an issue that is already being addressed by many Southern Ontario municipalities 

including Toronto, Hamilton, Mississauga and Burlington. 

In early December Enbridge Inc placed a formal application with the National Energy Board (NEB) to 

reverse the flow of their pipeline from Sarnia to Montreal (Line 9) to allow the pumping of Tar Sands 

bitumen to the United States and other foreign markets. 

As a group, 350 Hamilton, our main concern is climate change and that the rapid, unchecked expansion 

and exploitation of the Tar Sands will significantly increase carbon dioxide in our atmosphere leading 

to accelerated climate change. Enbridge’s application to reverse the flow and pump diluted bitumen 

(dilbit) also has many other implications to all affected municipalities and residents. 

Toxic dilbit from the Tar Sands will be pumped across all major watersheds feeding Lake Ontario, 

including those located in your municipality. Your Municipality will assume all of the environmental 

risks and receive no economic gain. Please consider this: 

TAR SANDS 

ñ Tar Sands are the world's dirtiest energy project 

ñ Tar Sands oil extraction emits 3 times as much Greenhouse Gases as conventional oil 

LINE 9 PIPELINE 

ñ Line 9 is 38 years old, built in 1976, the same age as the pipeline that caused the spill in 

Kalamazoo, Michigan 

ñ No independent integrity analysis of the state of the pipeline has taken place 

ñ The application would see the flow of the pipeline reversed; increased pipeline pressure and 

increased volume flowing through the pipeline (300,000 barrels per day, up from 240,000) 

ñ Dilutants contain serious toxins including benzene, n-hexane, and polycyclic aromatic 

hydrocarbons; Are your Emergency Responders properly equipped and trained to deal with a 

1

spill of this nature? 

ENBRIDGE 

ñ Enbridge lists 610 spills from 1999 to 2006, spilling 132,000 barrels of hydrocarbons 

ñ Enbridge holds the record for the largest and costliest pipeline spill in the history of the United 

States: Kalamazoo MI, July 2010 where more than 800,000 gallons were spilled, forcing the 

permanent relocation of 150 families, and polluting 60 km of the Kalamazoo River 

ñ It took Enbridge over 17 hours to turn off the leaking pipeline in Kalamazoo, MI 

ECONOMY 

ñ Continued erosion of manufacturing jobs in Ontario and Québec is strongly related to a higher 

Canadian dollar, which is bolstered in part by oil exports 

ñ The Line 9 reversal project will not bring new jobs; instead most upgrading and refining jobs 

will be exported along with the dilbit as Canada has severely limited capacity to process dilbit 

east of Sarnia Ontario 

For the reasons above we encourage you to follow the example of other municipalities by doing the 

following: 

1. Request a full Environmental Assessment from both the Federal and Provincial Governments; 

2. Seek intervener status in the NEB hearings on the Line 9 reversal project; 

3. Seek increased taxation measures on pipeline properties and right of ways in your 

municipalities to create a fund for emergency response equipment and training in the event of a 

spill; and 

4. Demand independent integrity testing and the public release of the results. 

Should we sacrifice our fresh water, our farm land, our climate, our future, to transport bitumen to the 

United States and abroad? Are these risks ones your municipality are willing to take? 

We urge your municipality to take action on this issue, do the actions listed above to protect our 

watersheds, our climate and mitigate the risk of a bitumen spill. 

Sincerest regards, 

Elysia Petrone, on behalf of the Hamilton 350 Committee 

2

THE MUNICIPALITY OF LAMBTON SHORES 

CL Report No. 14-2013 Wednesday, February 6, 2013 

TO: 

FROM: 

Mayor Weber and Members of Council 

Carol McKenzie, Clerk 

RE: Applications heard by the Committee of Adjustment on January 24, 2013 

RECOMMENDATION: 

For information only. 

The Committee of Adjustment met on Thursday, January 26, 2013 to hear the 

applications detailed in the earlier CL Report No. 4-2013. The following decisions were 

made on the applications: 

David Gilchrist Architect, Agent for Christ Anglican Church – Minor Variance 

Application A-01/2013 

The variance request to allow a planting strip that is required between a parking lot and 

an adjacent residential use to have a width of 0 metres and 1.5 metres was granted with 

the following conditions: 

1. That this minor variance applies only to the proposal as presented in Application 

A-01/2013. Any change to that proposal will require further permission from the 

Committee. 

2. That the Owner submits a landscape plan to the satisfaction of the Municipality. 

3. That the Owner enter into a site plan agreement with the Municipality, which shall 

address drainage, storm water management, grading and all other requirements 

of the Municipality. 

4. That a solid wood fence be constructed along the property lines in those 

locations where the planting strip reduction is required (see staff recommended 

plan). 

The variance request to permit a proposed new parking lot that was not bound by curbs 

was refused except for the request to eliminate the curb along the west property 

boundary which was approved. 

Steve Seddon, Agent for Tanya Krantz – Minor Variance Application A-02/2013 

This application was approved by the Committee as well, with the following conditions: 

1. That this minor variance applies only to the proposal as presented in Application 

A-02/2013. Any change to that proposal will require further permission from the 

Committee. 

2. That the height of the dwelling does not exceed 7 metres from the ground floor 

elevation. 15

If you have any questions or would like more information on the applications, please 

contact Jackie Mason at the Forest Office. 

Respectfully submitted, 

Carol McKenzie 

Clerk 

Report prepared by Jackie Mason, D/Secretary of the Committee of Adjustment 

16


CL Report No. 15-2013 Wednesday, February 6, 2013 

TO: 

FROM: 



RE: Applications to be heard by the Committee of Adjustment on February 28, 

2013 



The Committee of Adjustment will meet on Thursday, February 28, 2013 to hear the 

following applications: 

Philip Walden, Agent for Martin Christopher Leenders – Consent Application B- 

01/2013 

Philip Walden, Agent for Martin Christopher Leenders, submitted a consent application 

for the lands described as Concession 13, Part Lot 9, 6472 Cedar Point Line, requesting 

permission to sever a 1.959 acre parcel of land that will front onto Cedar Point Line. 

The retained parcel will have a total lot area of approximately 48 acres. This severance 

will allow the creation of a new non-farm dwelling lot for the existing dwelling which is 

surplus to the Applicant’s farming operation as the result of a farm consolidation. The 

lands were the subject of an Official Plan (OP-04/2012) and Zoning By-law (ZO- 

08/2012) Amendment that were approved by Lambton Shores Council. 

Terry Guest – Minor Variance Application A-03/2013 

Mr. Guest is requesting approval of a minor variance from the provisions of Zoning Bylaw 

1 of 2003 as they relate to the property known as Plan 4, Lot 22 & Pt. Lot 21, 41 

Lakeside Circle, Grand Bend to permit an attached garage to be constructed onto the 

front of the existing dwelling that will have a front yard setback of 3 metres whereas the 

By-law allows a minimum front yard setback of 6 metres. 

Don & Gail Johnson – Minor Variance Application A-04/2013 

The Applicants are requesting approval of a minor variance from the provisions of 

Zoning By-law 1 of 2003 for property known as Lot 366 & Part Lot 405, Plan 24 GB, 49 

Hill Street, Grand Bend to permit an existing deck, which accommodates an existing air 

conditioning unit, to have an interior side yard setback of 0 metres whereas the By-law 

allows a minimum interior side yard setback of 1.2 metres. 

17

If you have any questions or would like more information on the applications, please 

contact Jackie Mason at the Forest Office. 



Clerk 

Report prepared by Jackie Mason, D/Secretary of the Committee of Adjustment 

18


Date of Meeting: January 22, 2012 

Regular Council Meeting 

Members Present: Mayor Bill Weber 

Deputy Mayor Elizabeth Davis-Dagg 

Councillor Dave Maguire 

Councillor Lorie Scott 

Councillor Ken McRae 

Councillor Martin Underwood 

Councillor Doug Cook 

Councillor John Russell 

Staff Present: 

Clerk Carol McKenzie 

Director of Community Services Brent Kittmer 

1. CALL TO ORDER 

Mayor Weber called the meeting to order at 2:00 p.m. 

2. DECLARATION OF PECUNIARY OR CONFLICT OF INTEREST 

Mayor Weber asked members to declare any pecuniary or conflict of interest he/she 

may have with the items on the agenda, and none were declared. 

3. CONFIDENTIAL BUSINESS 

There were no items of confidential items for the agenda. 

4. CONSENT AGENDA 

There were no items for the consent agenda. 

5. CONFIRMATION OF MINUTES FROM PREVIOUS MEETINGS 

There were no minutes from previous meetings to consider. 

6. DELEGATION, PUBLIC MEETINGS AND PRESENTATIONS 

6.1 Municipal Property Assessment Corporation – Justin Johnson and Judy 

Brosseau 

Justin Johnson and Judy Brosseau, Representatives from the Municipal Property 

Assessment Corporation (MPAC) attended the meeting to provide information on the 

19

oles and responsibilities of MPAC, information on the “AboutMyProperty” program and 

the 2012 assessment update and local trends. Mr. Johnson noted that the changes 

resulting from the 2012 assessment update would be used for the 2013-2016 taxation 

years, and advised that any decreases in assessment are implemented immediately, 

and any increases are phased in over the 4 year time period. 

A question was raised on the increase in the values of farmland, and Deputy Mayor 

Davis-Dagg questioned if there was flexibility in the assessment process that would 

allow for a reassessment if the values decreased over the 4 year assessment period. 

Mr. Johnson advised that the Assessment Act regulates how and when reassessments 

are done, and while individuals are welcome to file appeals each year, a full 

reassessment of a class of land could not be undertaken except within the legislation. 

When asked the process in the event of a “housing crisis”, it was noted that there 

wouldn’t be a reassessment unless there was a change in legislation. 

A discussion ensued on the change to the valuation of multi –residential units, which 

was changed to a “sales based model” similar to residential. Also questioned was the 

geographic area for the current value assessment comparatives, and it was explained 

that the goal is to find “homogenized neighbourhoods” with similar schools, same 

shopping opportunities, etc. 

The valuations for “trailer parks” was explained as having a number of variables, 

depending on whether or not it is a seasonal park or full time, and that the lands are 

assessed as “residential” and any commercial component, such as a sales 

establishment or “store” would be assessed as commercial. 

6.2 Ontario Provincial Police Representatives – Inspector Scott Janssen and 

S/Sergeant Jason Younan 

Inspector Janssen and S/Sergeant Younan attended the meeting to present information 

on the Lambton Group Policing costs and services provided by the Ontario Provincial 

Police. It was noted that a significant amount of resources are dedicated to the Village 

of Grand Bend in the summer months, however, the number of complaints in the Village 

has been reducing each year. Discussion took place regarding the enforcement of 

illegal ATV’s, drug use in the schools, interaction with “Victim Services”, tagging and 

graffiti and proactive options for “Skip School Day”. 

With respect to “fine” revenue, Inspector Janssen advised that the Police are not in the 

business of making money, but ensuring the safety of the residents and that staff 

receive fair compensation for a fair days work. 

13-0122-01 Moved by: Councillor Scott 

Seconded by: Councillor Underwood 

That the Council meeting adjourn at 3:50 p.m. Carried 

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Date of Meeting: January 28, 2013 

Regular Council Meeting 

Members Present: Mayor Bill Weber 

Deputy Mayor Elizabeth Davis-Dagg 

Councillor Dave Maguire 

Councillor Doug Bonesteel 

Councillor Lorie Scott 

Councillor Ken McRae 

Councillor Martin Underwood 

Councillor Doug Cook 


Acting C.A.O. / Treasurer Janet Ferguson 

Clerk Carol McKenzie 

Director of Community Services Brent Kittmer 

Planner Patti Richardson 

Administrative Assistant Roberta Brandon 


Mayor Weber called the meeting to order at 7:00 p.m. 

2. DECLARATION OF PECUNIARY OR CONFLICT OF INTEREST 

The Mayor asked members of Council to declare any pecuniary or conflict of interest 

that they may have with the business itemized on the agenda and Deputy Mayor Davis- 

Dagg declared a conflict with Item # 8.2 being PL Report No. 06-2013 regarding the 

Suncor Energy Cedar Point Wind Power Project Draft Municipal Consultation Form. 

Councillor Maguire declared a conflict with Items # 6.2, 8.8, 8.14 and 9.3 dealing with 

the YMCA and the Grand Bend Optimist Youth Centre. 

The order of the agenda was amended to consider the Confidential Section at the 

conclusion of the meeting. 

4. CONSENT AGENDA 

4.1 CL Report No.10-2013 – Re: Letter to Bev Shipley regarding a Bell 

Communication Tower Installation – Port Franks 

Council reviewed Item 4.1 listed as part of the Consent agenda and it was noted that 

the response from Mr. Shipley will be made available to the public. 

13-0128-01 Moved by: Councillor Bonesteel 

Seconded by: Councillor Cook 

21

Minutes of the January 28, 2013 Council Meeting 

That the following item on the Consent agenda be received and 

filed: 

4.1 CL Report No. 10-2013 – Re: Letter to Bev Shipley 

regarding a Bell Communication Tower Installation – Port Franks. 

Carried 


5.1 Regular Council Meeting – January 14, 2013 

The minutes of the regular Council meeting held the 14th of January, 2013 were 

reviewed. 

On a point of personal privilege Mayor Weber made the following statement: 

“It the last meeting of Council on Jan 14th the minutes of the December 17, 2012 

meeting were amended and the line added - " Mayor Weber indicated that he had 

spoken with candidates in advance of the meeting". This is a true statement however it 

is very misleading and is out of context and is incomplete 

The fact is that at no time did I make any attempt to contact any candidate for the 

purpose of a interview as this amendment to the minutes suggests. 

I feel that to provide clarity I need to make a statement regarding the events prior to the 

meeting of December 17th. I was contacted by candidates for Ward 4 on the day of the 

meeting. I was asked by a candidate if it was proper to be asked for a pre-interview. I 

believe it was not part of the process and I informed the candidate of my interpretation 

of the process I did not have any questions for him. 

After that call I sent an email to Council with my concerns regarding the process. 

Following that email I received another call from another candidate asking me if I had 

any questions. I said I have no questions and that the process was to listen to everyone 

at the meeting in a public setting. 

I chatted briefly at a hockey game with another candidate the Friday evening before the 

meeting and said I would see you Monday night. No interview or questions. 

So to be clear I did talk to candidates that contacted me but I never contacted anyone 

for an interview. 

I hope this will remove any questions regarding allegations of interviews by the Mayor or 

the Mayor approaching any candidate with questions prior to the meeting.” 

In response to this statement, Deputy Mayor Davis-Dagg asked that it be noted in the 

minutes that it was made clear at the January 14, 2013 meeting that it was not 

inappropriate for members of Council to speak with the candidates for Ward 4 prior to 

the meeting. 

22


13-0128-02 Moved by: Councillor Cook 

Seconded by: Councillor Scott 

That the minutes of the regular Council meeting held January 14, 

2013 be accepted as presented. Carried 

6. DELEGATIONS, PUBLIC MEETINGS & PRESENTATIONS 

6.1 Stephanie Hyde – The Work Place Group – Re: Overview and Projects 

Stephanie Hyde of the Work Place Group was unable to attend. 

6.2 Kathi Lomas-Magee & Ian Foss – YMCA – Re: The Shores Wellness Centre 

Operational Update 

Kathi Lomas-Magee and Ian Foss of the YMCA appeared before Council to provide an 

overview of the operations of the Wellness Centre at The Shores Recreation Centre, 

and an update on the proposed activities and programs for 2013. 

Ms. Lomas-Magee explained the YMCA is a charitable organization dedicated to the 

enrichment of the community through the growth and development of people in spirit, 

mind and body. In her presentation to Council Ms. Lomas-Magee detailed the core 

services offered by the YMCA such as health, fitness, recreation, childcare and family 

development and employment and community development. 

She further provided information on the Association Services and the YMCA 

Management, key objectives, YMCA membership and the 2012 highlights. The three 

key areas of the YMCA development and focus were outlined along with the 2013 

operating and budget projections. 

6.3 Ralph Romagnoli – Re: Issues Regarding the Placement of Snow Stakes in 

Port Franks 

Mr. Ralph Romagnoli was not in attendance. 

7. CORRESPONDENCE & PETITIONS 

7.1 John Howard – Re: Vance Drive Road Conditions 

Council reviewed correspondence from John Howard regarding the issue of gravel 

being dispersed by the snowplow into the ditch on Vance Drive and the poor condition 

this road was in. It was noted that staff will be addressing this issue to ensure that the 

proper conditions are met this coming spring. 

8. CONSIDERATION OF COMMITTEE MINUTES AND STAFF REPORTS 

Planning 

23


8.1 PL Report No. 05-2013 – Re: Official Plan Amendment Application OP- 

04/2012 and Zoning By-law Amendment Application ZO-08/202 for Martin 

Leenders – 6472 Cedar Point Line 

At the September 17, 2012 Council meeting applications for a Zone Amendment and 

Official Plan Amendment submitted by Martin Leenders to allow the creation of a new 

non-farm dwelling lot were tabled so that staff could ensure that the non-farm dwelling 

lot did not impact an animal operations in the area, and to ensure that the County and 

Municipality were satisfied that the proposed non-farm lot could support a new septic 

system. 

The Planner noted that staff is satisfied that this property’s location would not have an 

impact on the farm operation and that the septic system serving the dwelling had been 

replaced under the authority of the County. 



That Official Plan Amendment Application OP-04/2012, submitted 

by Martin Leenders requesting an amendment to the Lambton 

Shores Official Plan and Zoning By-law as it relates to lands known 

as 6472 Cedar Point Line, to allow the creation of a new non-farm 

dwelling lot for a dwelling which is surplus to a farming operation as 

a result of a farm consolidation be approved, and; 

That Zoning By-law Amendment Application ZO-04/2012, submitted 

by Martin Leenders, requesting an amendment to the Lambton 

Shores Zoning By-law 1 of 2003 as it relates to lands known as 

6472 Cedar Point Line to: 

a) Prohibit the construction of a new dwelling on the remnant 

farm parcel after the severance of the surplus dwelling; 

b) Allow a 201 m2 accessory building to remain on the 

proposed non-farm dwelling lot be approved and; 

That the by-laws to implement the amendments to the Official Plan 

and Zoning By-law be adopted. 

Carried 

8.2 PL Report No. 06-2013 – Re: Suncor Energy Cedar Point Wind Power 

Project Draft Municipal Consultation Form 

A draft of the Municipal Comments solicited by the Province as part of the Application 

for a Renewable Energy Approval (REA Application) for the Suncor Energy Cedar Point 

Wind Power Project was provided to Council for review; however Council asked that 

this draft be tabled until after the final Public Consultation meeting is held for the Suncor 

Energy Cedar Point Wind Power Project. 


24



That the draft of the Municipal Comments for the Suncor Energy 

Cedar Point Wind Power Project be tabled until the final Public 

Consultation meeting has been held. 

Carried 

8.3 PL Report No. 07-2013 – Re: Grant of Vehicular Access Easement over the 

King Street Parking Lot in Favour of Lands Owned by Tak-Shan (Eddie) Ho 

known as 75 Main Street West, Grand Bend 

Council reviewed PL Report No. 07-2013 regarding a request from Mr. Eddie Ho, owner 

of property located at 75 Main Street West in Grand Bend to reinstate a driveway 

access to his property over the King Street Parking Lot. 


Seconded by: Deputy Mayor Davis-Dagg 

That Council approves an easement across the Huron/King Street 

parking lot for Mr. Eddie Ho to access his property at 75 Main 

Street West in Grand Bend. 

Carried 

8.4 D.C.S. Report No. 08-2013 – Re: Heart & Stroke’s Big Bike Event – Grand 

Bend 

Council reviewed details on the proposed route for the annual Big Bike event to be held 

in Grand Bend June 1, 2013. Council agreed that this route was acceptable and had no 

objection to the proposed route. 



That permission is granted by Council for the Big Bike Event in 

Grand Bend to be held June 1, 2013 to travel along the proposed 

route as submitted with D.C.S. Report No. 08-2013 from St. John’s 

by the Lake down Main Street west to the Lake. Carried 

8.5 D.C.S. Report No. 09-2013 – Re: Outdoor Sports Field Allocation Policy 

A draft policy on outdoor sports field allocations was presented to Council and it was 

noted that this policy would formalize access to Municipal sports fields, similar to the 

existing ice allocation policy. 



That the recommendation in D.C.S. Report No. 09-2013 be 

approved; and further 

25


That the draft “Outdoor Sports Field Allocation Policy” be approved 

and staff work to communicate the policy to sports field users for 

the 2013 season. 

Carried 

8.6 D.C.S. Report No. 10-2013 – Re: Fee Waiver Request 

Correspondence from Tara Fraleigh-Schram requesting Council to waive the rental fees 

at the Legacy Centre’s Thomas Hall for the annual fundraising event organized for the 

Children’s Hospital of Western Ontario was reviewed. 

13-0128-08 Moved by: Deputy Mayor Davis-Dagg 

Seconded by: Councillor Maguire 

That D.S.C. Report No. 10-2013 be approved and that rental fees 

at the Legacy Recreation Centre be waived for the “Little 

Treasures, A Pirate and Princess Ball” Fundraiser for the Children’s 

Hospital of Western Ontario to be held March 16, 2013. 

Carried 

6.4 Sharon Weitzel – Grand Bend Community Association – Re: By-law 

Concerns 

Sharon Weitzel and Ed Fluter appeared before Council to present concerns of the 

Lambton Shores Community Association regarding fencing and parking issues at 11 

and 13 Woodward Avenue in Grand Bend. 

She further asked Council for stronger by-law enforcement to deal with the issues 

noted above in addition to addressing excessive noise complaints from summer 

activities in Grand Bend. 

8.7 D.C.S. Report No. 11-2013 – Re: Kaeden Brown Foundation Contribution 

Agreement 

Following the completion of the Kaeden Brown Foundation spray pad in Arkona, the 

Kaeden Brown Foundation is preparing to provide the committed $49,634.09 towards 

the cost of the project, subject to a capital contribution agreement with the Municipality. 

The agreement was prepared and provided for Council approval. 



That D.C.S. Report No. 11-2013 be approved; and further 

That the Municipality of Lambton Shores enters into a capital 

contribution agreement with the Kaeden Brown Foundation with the 

Kaeden Brown Foundation Spray pad in Arkona; and further 

That By-law 11-2013 authorizing the Mayor and Clerk to sign the 

associated contract agreement be approved. Carried 

26


8.8 D.C.S. Report No. 12-2013 – Re: Grand Bend Optimist Club Youth Centre 

Rental Agreement 

Council reviewed the draft 3 year agreement between the Municipality and the Grand 

Bend Optimist Club Youth Centre for the operation of youth programming at the Grand 

Bend Youth Centre. It was noted the agreement would be effective from January 1, 

2013 – December 31, 2015. Staff was asked to include a clause in the agreement to 

cover the time period when the facility was utilized without a formal agreement. 



That D.C.S. Report No.12-2013 be approved; and further 

That the Municipality of Lambton Shores enter into a three-year 

agreement with the Grand Bend and District Optimist Club for the 

operations of the Grand Bend Youth Centre; and further 

That By-law 12-2013 authorizing the Mayor and Clerk to sign the 

associated contract agreement be approved as amended 

Carried 

8.9 D.C.S. Report No. 13-2013 – Re: Legacy Centre LEED ® Gold Certification 

An update respecting Lambton Shores’ LEED ® application for the Legacy Recreation 

Centre in Thedford was provided in D.C.S. Report No. 13-2013. It was noted that 

Lambton Shores had received official notice that the Legacy Recreation Centre had 

exceeded the LEED ® Silver standard and has received the LEED ® Gold certification. 



That D.C.S. Report No. 13-2013 regarding the Legacy LEED ® Gold 

Certification be received and filed. 

Carried 

8.10 D.C.S. Report No. 14-2013 – Re: Issues Regarding Property Owners and the 

Placement of Snow Stakes in Port Franks 

As the delegation regarding this matter did not proceed, Council received this report for 

information. 

13-0128-12 Moved by: Councillor Maguire 

Seconded by: Councillor McRae 

That D.C.S. Report No.1 4-2013 regarding property owner issues 

and the placement of snow stakes in Port Franks be received for 

information. 

Carried 

27


8.11 D.C.S. Report No. 15-2013 – Re: Municipal Drains – Thedford Marsh 

Drainage Request 

Details on initiating drain maintenance without a specific request being filed for the 

Thedford Marsh areas was provided in D.C.S. Report No. 15-2013. It was noted that 

the Drainage Superintendent has agreed to meet each spring with the grower’s group to 

discuss the scheduled seasonal drainage cleanouts based on the requested 3 year 

cycle. 



That D.C.S. Report No. 15-2013 regarding the Thedford Marsh 

drainage request be received for information. Carried 

8.12 D.C.S. Report No. 16-2013 – Re: DWQMS Update Quarter 4 2012 and Annual 

Endorsement 

Council reviewed D.C.S. Report No. 16-2013 regarding the requirements of the 

Municipal Drinking Water License to maintain an active Drinking Water Quality 

Management System. 



That D.C.S. Report No. 16-2013 be received and that Council 

endorses the current DWQMS Plan and commits to continuing to 

provide safe drinking water to Lambton Shores’ residents in 

accordance with standards and regulations. Carried 

Finance & Administration 

8.13 TR Report No. 10-2013 – Re: 2013 Education Tax Rates 

Information on the 2013 education tax rates, as set by the Province, was provided in TR 

Report No. 10-2013. 


Seconded by: Councillor Bonesteel 

That TR Report No. 10-2013 regarding the 2013 education tax 

rates for the Municipality be received for information. Carried 

8.14 TR Report No. 13-2013 – Re: The Shores Wellness Centre Operational 

Update 

It was noted that this report was for Council’s information on the scheduled delegation 

of representatives of the YMCA appearing before Council earlier in the meeting. 

28




That TR Report No. 13-2013 regarding an update on The Shores 

Wellness Centre’s operations be received for information. 

Carried 

8.15 TR Report No. 14-2013 – Re: Communication Survey 

Details on the results of the Municipal communication survey conducted recently were 

provided in TR Report No. 14-2013. 



That the Communication Survey results be referred to a Strategic 

Planning meeting for a full review and discussion for any 

suggestions Council would like to implement. Carried 

8.16 CL Report No. 05-2013 – Re: Extending the Term of the Interim Chief 

Administrative Officer 

Council’s recent decision to utilize the services of a consultant to assist with the process 

of filling the position of Chief Administrative Officer will take several months to complete, 

and Council had authorized the extension of the term of the interim C.A.O. until April 15, 

2013. The necessary by-law has been drafted and was presented as part of CL Report 

No. 05-2013. 



That the term of the appoint of Janet Ferguson as the Interim Chief 

Administrative Officer for the Municipality of Lambton Shores be 

extended to April 15, 2013 and that By-law 10 of 2013 being a bylaw 

to enact the appointment and rescind previous by-laws be 

approved. 

Carried 

8.17 CL Report No. 06-2013 – Re: 2013 Dream Lottery Program – 10159 Pinery 

Bluff Road, Lambton Shores 

Clerk Carol McKenzie advised Council that correspondence has been received from the 

organizers of the Dream Lottery Program that supports the London Health Sciences 

Foundation, noting that they have once again selected a home in Lambton Shores as 

one of the Dream Lottery grand prizes. The lottery will run from March until the first of 

June, 2013 with the house open for viewing on Fridays, Saturdays and Sundays, and 

Council’s permission is required to sell tickets at the Lottery house. 



29


That confirmation be sent to the London Health Sciences 

Foundation (Dream Lottery), advising that the Municipality of 

Lambton Shores has no objection to tickets for the 2013 Dream 

Lottery being sold at the “Lottery House”, located at 10159 Pinery 

Bluff Road, Lambton Shores. 

Carried 

8.18 CL Report No. 07-2013 – Re: 2013 Grand Bend Winter Carnival 

The Grand Bend Winter Carnival is scheduled for February 15th to the 18th, 2013 and 

the organizers have asked to be confirmed as a “Committee of Council” to allow 

coverage under the municipal 3 rd party liability insurance. The group also requested 

permission to install temporary signage in the Village to advertise the event. 


Seconded by: Deputy Mayor Davis-Dagg 

That the requests from the Grand Bend Winter Carnival Committee 

for permission to install temporary signage in the Village to promote 

the event, and to have the Committee’s status reaffirmed as a 

‘Committee of Council” be approved. 

Carried 

8.19 CL Report No. 08-2013 – Re: Delegation Request – 2013 OGRA/ROMA 

Conference 

Information on those delegation requests by the Municipality that have been submitted 

to the Ministers attending the 2013 OGRA/ROMA was detailed in CL Report No. 08- 

2013. 



That CL Report No. 08-2013 regarding the delegations requests for 

the 2013 OGRA/ROMA Conference be received and filed. 

Carried 

8.20 CL Report No. 09-2013 – Re: Integrity Commissioner 

At the Council meeting held the 14th day of January, 2013 Council agreed to retain an 

Integrity Commission under the Municipal Act to start an investigation to determine if 

allegations against Council have any grounds. 

The Clerk provided information on the process and Council agreed that staff proceed in 

soliciting request for proposals for the services of an Integrity Commission on a 

contractual basis to investigate allegations against Council. 



30


That CL Report No. 09-2013 be received and that staff proceed 

with soliciting request for proposals for the services of an Integrity 

Commissioner. 

Carried 

9. BY-LAWS & RESOLUTIONS 

13-0128-23 Moved by: Councillor Scott 


That the following by-laws be read a first, second and third time, 

passed and numbered appropriately, signed by the Mayor and 

Clerk and engrossed in the by-law book: 

- By-law 10-2013 – Appointment of Interim Chief Administrative 

Officer and Deputy Clerk 

- By-law 11-2013 – Authorizing Agreement with Kaeden Brown 

Foundation 

- By-law 12-2013 – Authorizing Agreement with Grand Bend District 

Community Club for Use of the Youth Centre 

- By-law 13-2013 – Official Plan Amendment – Leenders 

- By-law 14-2013 – Zone Amendment – Leenders 

- By-law 15-2013 – Confirming Resolutions to Date. Carried 

10. ACCOUNTS 

The Municipal accounts for the month of December, 2012 were reviewed. 



That the Municipal accounts for the month of December, 2012 in 

the amount of $4,401,379.73 be accepted as presented. 

Carried 

11. NOTICE OF MOTION 

11.1 Notice of Motion from Deputy Mayor Davis-Dagg – Re: Full Accounting of 

the Expenditures for Engineering Services in Relation to the Master Plan, 

EA’s & Grand Bend Sewage Treatment Facility 

The Deputy Mayor noted that she had received concerns regarding engineer 

expenditures in the amount of $1.56 million dollars for the Grand Bend Sewage 

Treatment facility upgrade and asked staff for a breakdown on these expenditures. It 

was noted that the costs for the Master Plan were not part of the 1.56 million dollar 

expense. 



31


That staff provide a full accounting of the $1.56 million expenditure 

for engineering services in relation to the (1) EAs, and (2) Grand 

Bend Sewage Treatment Facility by the end of February. This 

report will include, but is not limited to, the following information: 

Date of Payment, Recipient, Amount Paid; and Purpose of the 

payment in sufficient detail to distinguish it from other payments; 

and further that if payment is made for more than one item on a 

cheque, the division of the money should be clearly enumerated. 

Carried 

11.2 Notice of Motion from Deputy Mayor Davis-Dagg – Re: Council Approval & 

Endorsement of 2012 Year in Review 

Deputy Mayor Davis-Dagg provided a list of Municipal achievements and asked Council 

to endorse them as the 2012 Year in Review. 



MOVED that Council approve and endorse the following 2012 

Year-in-Review with any additions/deletions they feel appropriate 

and post it to the main page of the website for public review and 

include it as an insertion in the electronic newsletter. 

2012 Lambton Shores Year-in-Review (In random order. Not 

exhaustive.) 

1. Strategic Planning – Direction Defined – Council identified and 

synthesized its core objectives into three key areas: (1) Economic 

Development – creating the conditions for a thriving economy in our 

municipality; (2) Community Spirit – the unifying of the community 

behind common goals for the achievement of the common good 

and the enhancement of the quality of life; (3) Environment – 

targeting key environmental issues in an effort to both proactively 

and reactively protect the unique natural habitat in the municipality 

we call “home.” 

2. Significant Debt Reduction – From the time that Council was 

elected in 2010 until the end of 2012, the municipal debt has been 

lowered from $21.4 million to $17.4 million – a reduction of 20%. 

3. Successful Ad Hoc Committee Deliberations – Council 

members participated in and facilitated 10-months of deliberations 

by members of the Ad Hoc Sewage Advisory Committee and the 

production of an extensive report on a prospective sewage system 

in Zones 3 & 4 (Grand Bend) which included 6 recommendations 

that were received and endorsed by council. This Ad Hoc 

Committee represented one of the best examples of cooperation 

between council and the community on a difficult and controversial 

issue that this municipality has ever witnessed. The Committee’s 

32


final report and six recommendations and be found at 

http://www.lambtonshores.ca/Docs/ReviewofZones3and4.pdf. 

4. Phragmites Control Increased - The Municipality of Lambton 

Shores continues to support Phragmites management initiatives of 

the Lambton Shores Phragmites Community Group. This year, in 

addition to collaborating in the delivery of a successful Community 

Information Session, the Municipality has supported a habitat 

restoration project in Grand Bend, continues to assist the 

community of Port Franks and is participating in discussions 

regarding Phragmites management in Ward 4. This committee, in 

cooperation with the Ausable Bayfield Conservation Authority, was 

able to secure a $23,000 grant from the Great Lakes Community 

Fund for the increased control of this invasive species in the Port 

Franks area. Council is extremely pleased with the volunteer 

participation of the public on both this as well as county initiatives. 

5. Huge Savings on Grand Bend STF – Council members 

participated in a Working Group deliberations, in cooperation with 

South Huron and Stantec Engineering, over 6 months that led to 

the selection of a Sewage Treatment Facility that is $8.2 million 

less expensive than previously recommended and which, according 

to the engineers, will be sufficient capacity for the sewage 

treatment required by Lambton Shores for at least the next 20 

years. When making our decision Council considered (a) need, (b) 

sustainability; (c) affordability; (d) technological advances in waste 

treatment, (e) a revenue source (treating septage, unlike the 

original proposal), (f) the limited potential land for development in 

the GB area, (g) long standing projects on the books without a start 

date in sight; (h) expandability of the plant design; and (i) that 

development should pay in the future not current users on a “build it 

they will come” whim (history and recent past economic conditions 

suggests that this is not necessarily true when it comes to 

residential housing development). The reduced size and cost of this 

project will be particularly important when the municipality begins 

paying for operating and life-cycle replacement costs. 

6. Economic Development Pushed Forward – Through the efforts 

of councillors Martin Underwood and Lorie Scott and their 

Economic Development Task Force team, council was presented 

with seven over-arching recommendations which were received 

and endorsed. The Task Force had worked hard at providing open 

houses, online surveys, dialoguing with commercial businesses 

throughout Lambton Shores and then discussing their findings on 

which they based their final recommendations. 

7. Significantly Reduced Development Charges – In December 

2012, council decided to reduce commercial and industrial 

development charges by 66% and freeze residential charges for at 

least one year. Council’s intent is to use this as a tool to boost 

economic development in Lambton Shores. 

8. Enhancing Communication with the Public – Council approved 

the purchasing of a sound system for the Village Complex in the 

33


upcoming budget. Council expanded the size of municipal ads to an 

easily readable font in the local newspapers. Council also approved 

the public access to council agendas for the same time that council 

members can access the information online. As well, council 

initiated an online Communications Survey in an effort to draw out 

public input on how to improve communication yet more. It should 

be noted as well that Ward councillors hosted a significant number 

of town halls for citizens this past year to not only inform, but seek 

public input on a variety of community issues. 

9. Wind Turbine Protections – Council took proactive action to 

respond to public concerns and ensure that the infrastructure and 

resources of Lambton Shores residents would be protected if wind 

turbines are erected in our jurisdiction. 

10. Lambton Shores Trail Committee – Council supported a 

significant improvement of the local trail system in 2012. The 

impressive list of accomplishments in 2012 can be found at 

www.lsntblazers.com. An exciting new development is the 

partnership with CH2MHILL for the development of the unused 

lagoons outside Forest into a wildlife sanctuary. Council is pleased 

to be working in cooperation with the passionate members of this 

committee. 

11. Communities in Bloom National Winners – Council supported 

the communities’ participation in the CIB national level competition 

and won 5-blooms as well as category for “Best Volunteers” for all 

Canada. When we see the participation in this CIB initiative as well 

as Phragmites Community Group, Ad Hoc Committee, Trail 

Committee, Economic Development Committee, above, and many 

other efforts, it’s not surprising. Bravo! 

12. Blue Flag Beaches – Our Port Franks and Grand Bend beaches 

both won “Blue Flag status” again in 2012. Great job municipal 

staff! 

13. Short Term Rental Improvements – Increased police presence 

and municipal by-law enforcement in the older area of Grand Bend 

known as Plan 24 resulted in significantly reduced complaints from 

the public in 2012 and better behaved tenants. Through a 

community team approach involving citizens, ratepayer 

associations, business owners and landlords with council 

cooperation, we achieved impressive results and will continue to 

focus on this issue for future years. It is an ongoing issue. 

14. Rotary Trail Asphalted to Pinery – This year the Rotary Trail was 

surfaced with asphalt from Dalton Subdivision to the Pinery Park 

entrance. 

15. Significantly Increased Building Permits – There was a surge of 

building in 2012. At last report, permits were issued for 89 new 

dwelling units in 2012 which reaches levels this municipality hasn’t 

seen since 2005. This is a 37% increase over 2011 and 26% 

increase over the average annual building since amalgamation. 

16. Grand Bend Ball Diamond Received Trillium Funding – The 

municipality worked with partners to secure $33,000 for upgrades 

34


to the Lion’s Park Ball Diamond in Grand Bend. In total, the 

partners are planning to spend nearly $100,000.00 on various 

upgrades to the ball diamond including resurfacing of the infield 

along with new backstop and infield fencing and playground 

equipment. The final upgrades of the first phase were completed in 

2012. 

17. New Splash Pad in Arkona – In cooperation with the Kaeden 

Brown Foundation, a new splash pad was competed and 

commissioned in 2012 in Arkona. 

18. New BMX Track in Forest – Council initiated a new BMX and 

skateboard park in downtown Forest for area youth to hone their 

skills and invest their energies productively. This BMX Track is the 

first of a three phase active/passive recreation approach that will 

accommodate a wide variety of people’s interest and abilities and 

age groups, i.e. second phase spray pad with help of the Optimists, 

third phase is an expanded trails and nature area. 

19. New Paving Stones at Arkona Intersection – The main 

intersection of Arkona was enhanced by the completion of a 

needed paving stone project. The visual impact is a significant 

improvement. This project was long overdue. 

20. Ice Management Initiatives in Port Franks – Council approved 

$100,000 in 2012 for the dredging of the mouth of the river in Port 

Franks as well as a channel for water flow in the middle one-third of 

the river width through those areas that the ice management report 

has identified as being the high risk locations for ice jamming. In its 

2013 budget, council has also committed to pay Ausable Bayfield 

Conservation Area $112,500 for additional dredging and 

investigation into partnerships available to purchase dredging 

equipment that can be shared by lakeside jurisdictions. 

Motion Later Withdraw 

It was noted that traditionally staff provided the “year in review” and staff was asked to 

provide a 2012 report, based on the standard format. 



That staff is directed to prepare a report for Council review and 

approval on the year in review, 2012. 

Carried 

12. NEW BUSINESS 

There were no emergent issues for Council to discuss. 

13. COUNCILLOR REPORTS 

Councillor Cook reported the Mayor Weber has received the Queen’s Diamond Jubilee 

Medal honouring significant contributions and achievements by Canadians. 

35


Deputy Mayor Davis-Dagg advised that the advertisement for applications to the 

Lambton Shores’ Economic Development Committee had been posted and the deadline 

of February 13th was fast approaching. 

Councillor Underwood reminded Council of the Town Hall Meeting scheduled for 

January 29th at Kimball Hall in Forest. 

Mayor Weber reported that the International Silver Stick Hockey Tournament in Forest 

had been a huge success and offered his appreciation to all the volunteers who make 

this such a great event. 

He further reported that he had attended the Forest Curling Club where he brought 

greetings on behalf of the Municipality to curlers from Scotland who were competing as 

part of the 2013 Strathcona Cup. 

14. OPPORTUNITY FOR THE PUBLIC TO SEEK CLARIFICATION 

Jim Hansen inquired if the staff year-end review report would provide information on 

both the positive and negative. 

Council agreed that the Closed Session Minutes included as part of the Confidential 

Session in the January 28, 2013 agenda be forwarded to the February 11, 2013 Council 

meeting. 

15. ADJOURN 

13-0128-27 Moved by: Councillor Underwood 


That the January 28, 2013 Council meeting adjourns at 9:05 p.m. 

Carried 

36

Mr. Mayor, 

Clerk, 

Council. 

I have read through the agenda for this Mondays meeting, and notice that my correspondence 

from two weeks ago is not included. Likewise I realized that I still have not received a clear answer to my 

three simple questions. 

1) When was this project tendered? 

2) When were the tenders reviewed? 

3) Why did you not honor your commitment to me to 

be included in the process as per your email? 

It is apparent you have breeched your commitment to me. 

Should I consider this a breach of Lambton Shores Code Of 

Conduct as well? 

I look forward to a reply 

Justin Speake 

WestShore Media 

P.O Box 286 

Grand Bend, Ontario 

N0M 1T0 

(519) 671-1343 

justin@westshoremedia.ca 

63

Response provided previously to similar questions addressed to Mayor Weber 

From: Bill Weber [mailto:bweber@lambtonshores.ca] 

Sent: January-14-13 1:50 PM 

To: WestShore Media 

Cc: Carol McKenzie; External - Bonesteel; Doug Cook; Dave Maguire; External - Davis-Dagg; External - 

Scott; Martin Underwood; John Russell; Brent Kittmer; Janet Ferguson 

Subject: RE: breech of commitment 

Mr Speake 

This project followed our purchasing policy….. our director of community services explained in an email 

to you following our budget meeting … 

“For projects of this budget value the municipal purchasing policy allows for the work to be sourced by 

collecting written quotes by invitation, and we typically reference our pre-qualified contractor list to 

seek out possible bidders.” 

In my email of Dec. 2011…..I should have suggested that you should have the proper forms filed to be 

prequalified and on our list suppliers. 

For that I apologise. 

I assure you there was no attempt by me to exclude you from participating in the request for proposals. 

Please at your earliest convenience file the proper forms for your business so you will be included when 

we have another request. 

Regards 

Mayor Bill Weber 


519-649-6885 

bweber@lambtonShores.ca 

64

From: Anne Walkinshaw [mailto:awalkinshaw@execulink.com] 

Sent: February-04-13 10:23 PM 

To: Carol McKenzie 

Cc: External - Davis-Dagg 

Subject: for consideration by council 

February 4, 2013 

Mayor Weber, Deputy Mayor Davis-Dagg 

& Members of Council 

c/o Carol McKenzie, Clerk 


7883 Amtelecom Parkway 

Forest, Ontario 

N0N 1J0 

Dear Mayor Weber, Deputy Mayor Davis-Dagg 

& Members of Council 

I am extremely appreciative for everything the mayor, the deputy mayor and members of the 

Lambton Shores Council have done with regards to stopping the cell tower in Port 

Franks. Given that private members Bill C-429, An Act to Amend the Radiocommunication Act 

and the Telecommunications Act (Antenna Systems), failed to pass a second reading, I am not 

hopeful that asking our MP, Bev Shipley, to obtain a cease and desist order will be successful. 

Although cell towers come under Federal legislation, health concerns are the purview of the 

provinces. Our provincial members of parliament may be uninformed about the health effects of 

these new generation cell towers. With growing provincial debt and skyrocketing health care 

costs, perhaps it is time that Deb Matthews, the Minister of Health, and Premier Designate 

Kathleen Wynne are made aware of the future health care concerns and costs that will result 

from cell towers being built in residential areas. 

When the Council of Lambton Shores passed the Resolution recommending changes to the 

Federal guidelines for Telecommunication (cellular) Towers, Carol McKenzie sent these 

guidelines out to all municipalities and Members of Parliament. However, our provincial 

politicians may not be aware that Lambton Shores Council has been receiving calls, emails, and 

citizen delegations about the health concerns resulting from the Electromagnetic Radiation 

(EMR) emitted by cell towers in residential areas. They may not be aware of what our council 

has done to respond to the health concerns of its residents. This is one rural issue that needs 

to be brought to their attention. I am asking that a package of information be sent to Premier 

Designate Kathleen Wynne and the Minister of Health Deb Matthews. 

I have written to Premier Designate Kathleen Wynne asking her to speak to the Prime Minister 

with respect to placing a moratorium on cell towers until the health implications can be further 

studied. As well I am asking that Safety Code 6 be strengthened to reflect the latest research 

and International standards. Perhaps the Lambton Shores Council would want to request the 

same. 

I thank you in advance for your consideration of the above. 

Yours truly, 

Anne Walkinshaw 65

FOREST BUSINESS IMPROVEMENT AREA 

Regular Board Meeting 

Date of Meeting: Wednesday, November 21, 2012 

Members Present: 

` 

Members Absent: 


Glen VanValkenburg, Chair 

Sarah Jane Goodhand 

Ken McRae 

Celia Carrothers 

Jeff Cable, Chris Williamson, Matt Ferguson 

Lynn VanHaaren, Administrator 


Chairperson, Glen VanValkenburg called the meeting to order at 7:35 p.m. 


2.1 Regular Board Meeting – October 24, 2012 

BIA 1112-1 Moved by: Sarah Jane Goodhand 

Seconded by: Ken McRae 

That the minutes of the October 24, 2012 meeting be accepted as presented. 

Carried 

3. FINANCIAL REPORT 

BIA 1112-2 Moved by: Celia Carrothers 

Seconded by: Sarah Jane Goodhand 

That the November 2012 financial report be accepted as presented. 

Carried 

4. ADMINISTRATOR’S REPORT 

AR 11-12 RE: Activities During the month of November, 2012 attached 

BIA 1112-3 Moved by: Ken McRae 

Seconded by: Celia Carrothers 

That the Administrator’s report be accepted as presented. 

Carried 

67

5. PROMOTIONAL CONSULTANT 

PC 11-12 RE: Activities during the month of November, 2012 attached 


Seconded by: Ken McRae 

That the Promotional Consultant’s report be accepted as presented. 

Carried 

6. SPECIAL BUDGET MEETING 



To close the regular board meeting and open a special meeting of the membership for 

input into the 2013 budget. 

Carried 

The following comments and suggestions were made regarding the 2013 budget: 

The total levy should remain at $28,840.00 

BIA bucks should remain at $600.00 

Special events and conferences amount of $1000.00 should be removed 

BIA Promotional Consultant should receive an increase in wages to $4800.00 per year 

Summer student salary should be increased to $2500.00 

Capital budget monies currently marked for sound system should be reallocated to 

“Future Projects” including but not limited to proposed spray pad, banners 



To close the special meeting of the membership for input into the 2013 budget. 

Carried 


7.1 Christmas decoration lighting 



That the BIA purchase up to 500 replacement bulbs from Shear Display to replace burned 

out lights and have future supply of replacements. 

Carried 

7.2 Coupon book advertising 



That the BIA approve production of the 2013 coupon book at a cost of $375. 

Carried 

68

7.3 Silverstick Advertising 

Contact Nicci Williamson and ask for assistance in preparing advertisement in the 

Silverstick program. 

8. ADJOURN 



That the board meeting of November 21, 2012 adjourn. 

Carried 

Next meeting January 16, 2013. 

69


Special Board Meeting 

Date of Meeting: 


` 


December 6, 2012, 3:30 pm 



Matt Ferguson 

Ken McRae 


Chris Williamson 


Meeting called to discuss partnership with Kiwanis for a special movie showing for 

SilverStick weekends January 12 and January 26, 2013. As the 3D shows cost $7.00 , 

each child will pay $5.00 with BIA donating $1.00 per admission and the theatre 

donating the other $1.00. 



That the BIA enters into a partnership with the Kiwanis Kineto Theatre for special 

SilverStick movie presentations for both SilverStick weekends. BIA will donate $1.00 

per admission for these special showings. 

Carried 

70


Regular Board Meeting 

Date of Meeting: Tuesday, January 29, 2013 


` 

Members Absent: 




Matt Ferguson 


Ken McRae 

Jeff Cable, Chris Williamson 



Chairperson, Glen VanValkenburg called the meeting to order at 8:30 a.m. 


2.1 Regular Board Meeting – November 21, 2012 


Seconded by: Matt Ferguson 

That the minutes of the November 21, 2012 meeting be accepted as presented. 

2.2 Special Meeting – December 6, 2012 



That the minutes of the December 6, 2012 meeting be accepted as presented. 

3. FINANCIAL REPORT 

BIA 0113-3 Moved by: Matt Ferguson 


That the December 2012 financial report be accepted as presented. 



71

That $2,978.65 used for capital purchases be transferred out of the investment account 

into the business operating account. 

4. BUDGET 2013 



That the proposed budget presented be accepted and presented to Council. 

5. ADMINISTRATOR’S REPORT 

AR 12-12 RE: Activities During the month of December, 2012 attached 



That the Administrator’s report be accepted as presented. 

5. PROMOTIONAL CONSULTANT 

PC 12-12 RE: Activities during the month of December, 2012 attached 



That the Promotional Consultant’s report be accepted as presented. 


7.1 Correspondence 

Letter received from Lambton Shores with the appointment of Ken McRae 

as Council representative on the Forest BIA. 

Letter received regarding Canadian Motorcycle Cruisers Rally August 2-5, 

2013. Item to be added to agenda for next meeting. 

Letter received with pledge form for Proposed Optimist Club Spray Pad. 

Item to be added to agenda for next meeting. 

7.2 Director vacancy 

The BIA will have to fill the Director vacancy since Ken McRae’s appointment to 

council. Committee to be formed for recruitment. Glen and Lynn to verify 

procedures. 

72

7.3 Recap of 2012 moving forward in 2013 

Glen and Lynn to get together to begin brainstorming for 2013 and beyond. 

8. ADJOURN 



That the board meeting of January 29, 2013 adjourn. 

Next meeting February 20, 2013. 

73

Forest BIA PROPOSED 2013 Budget 

Proposed 

Categories Budget 2012 Budget 2013 

BIA Bucks $600.00 $600.00 

Forest Dollars 

Advertising $12,487.00 $10,340.00 

Events $2,000.00 

Annual Dinner $200.00 

Sub-Total $13,087.00 $13,140.00 

Improvements & Beautification 

Tractor maintenance & gas $250.00 $250.00 

Beautification $650.00 $650.00 

PA System 

Signage 

Flags 

Garbage cans 

Sub-Total $900.00 $900.00 

Contingencies 

Special Events/conferences $1,000.00 $0.00 

Education $0.00 $0.00 

Writeoff's $700.00 $700.00 

Sub-Total $1,700.00 $700.00 

Administration 

Administrators Salary $6,000.00 $6,000.00 

BIA Promtion Consultant $4,153.00 $4,800.00 

Student Salary $2,000.00 $2,500.00 

Office Expenses $500.00 $300.00 

Professional Fees (audit) $500.00 $500.00 

Sub-Total $13,153.00 $14,100.00 

TOTAL $28,840.00 $28,840.00 

Capital Budget (carry forward )T-bill 

$13,000.00 13,000.00 

Future projects: 

including spray pad, banners $9,000.00 $9,000.00 

Christmas Décor 2013 $1,000.00 $1,000.00 

Balance assigned to contingencies $10,000.00 $10,000.00 

74

THE MUNCIPALITY OF LAMBTON SHORES 

PL Report No. 09-2013 Tuesday, February 6, 2013 

TO: 

FROM: 

RE: 


Patti Richardson, Senior Planner 

NextEra Jericho Wind Inc. Wind Power Project 

Draft Municipal Consultation Form 


For Council review and direction. 

REPORT 

Staff has completed for Council review and direction a draft of the Municipal Comments 

solicited by the Province as part of the Application for a Renewable Energy Approval 

(REA application) for the NextEra Jericho Wind Inc. Wind Power Project. This 

information is being presented for Council review similar to the comments for the 

Suncor Energy project. 

Council will recall that at their January 14 th meeting, Sarah Hornblower requested that 

the Municipal Comments not be sent to the Province until the final Public Consultation 

meetings are held for both the Suncor Energy Cedar Point Wind Power Project and the 

NextEra Jericho Wind Inc. Wind Power Project. Council then tabled the draft comments 

prepared by staff for the Suncor Energy Cedar Point Wind Power Project until after the 

final public meeting which will be held April 4, 2012. The final public meeting for the 

NextEra Jericho Wind Inc. Wind Power Project is February 8, 2013. 

Respectfully submitted 

Patti L. Richardson 

Senior Planner 

75

1 

Renewable Energy Approval Consultation Form: 

Municipalities, Local Authorities 

NextEra Jericho Wind Inc. Wind Power Project 

Part B 

The Corporation of the Municipality of Lambton Shores 

7883 Amtelecom Pkwy., Forest, ON N0N 1J0 

Carol McKenzie Clerk Email: cpmckenzie@lambtonshores.ca 

Ph: (519) 786-2335 Fax: (519) 786-2135 

Section 5: Consultation Requirement 

Municipal Council General Comments: 

The Council of the Municipality of Lambton Shores has expressed support for a 

moratorium on the construction of industrial wind turbines until such time as third party 

health studies have been done. Comments contained in this municipal consultation form 

should not be construed in any way as support for the project, prior to the health studies 

being completed and implemented. 

In addition, the Council of the Municipality of Lambton Shores is supportive of the 

province reinstating local planning authority to municipalities regarding renewable 

energy projects so that they can enact land use policies appropriate for this community 

which control industrial wind turbine projects. 

In addition to comments contained within this form, the following council resolutions 

relating to industrial wind turbines have been passed as: 

11-0404-07 Moved by: Councillor Illman 


That the correspondence regarding the concerns with the industrial wind turbines 

be received. 

Carried 

11-0404-08 Moved by: Councillor Illman 


That motion 11-0404-07 be amended with the addition that correspondence on the 

issue of wind turbines in the community be forwarded to the local MPP, the Minister of 

Energy and the Premier so that the concerns can be addressed at the appropriate 

government level, and the municipal concern that the local municipalities need to have 

control over the number and location of units be included. Carried 

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2 

11-0808-13 Moved by: Councillor Russell 


That Council supports a moratorium on the construction of industrial wind turbines until 

such time as third party health studies have been done and further that the province 

reinstate local planning authority to municipalities regarding renewable energy projects. 

Councillor Bonesteel Yes 

Councillor Scott Yes 

Councillor Maguire Yes 

Councillor Russell Yes 

Mayor Weber 

Yes 

Councillor Cook Yes 

Councillor Underwood No Carried 



That Council reaffirm its position with the Province for a moratorium on the construction 

of industrial wind turbines until health and safety concerns have been addressed. 



Carried 

That staff is directed to re-send correspondence to Premier McGuinty requesting a 

moratorium on wind turbines until health and safety concerns have been addressed. 

Carried 

Other general comments. 

Noise and Complaint Monitoring and Response 

The Drat Design and Operations Report for the Suncor Cedar Point Wind Energy 

Project states that the turbines are equipped with sensors to identify abnormalities in 

sound level 24/7 and that the turbines automatically shut down if abnormal sound levels 

are sensed. The Draft Design and Operations Report prepared for the Jericho Wind 

Energy Project indicates that “each turbine has a comprehensive control system that 

monitors the subsystems within in the turbine and the local wind conditions to determine 

whether conditions are suitable for operation. If an event occurs which is considered to 

be outside the normal operating range of the turbine (such a slow hydraulic pressures, 

unusual vibration or high generator temperatures) the wind turbine will immediately 

take itself out of service and report the condition to the Operation Centre, which closely 

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3 

monitors and as required controls the operation of each turbine. It is not clear 

whether this include abnormal sound levels. 

The Municipality would like to be notified if the turbines shut down due to abnormal 

noise levels being sensed. As well the Municipality would like to be notified as to what 

was done to rectify the noise abnormality. 

Similarly, the Municipality will require that a Noise Complaint Protocol be established in 

the Development Agreement to address noise concerns emanating from the turbines 

raised by residents. The developer would be required to provide details on the process 

that would be followed when complaints are received and the intended process to 

resolve issues and would also be required to maintain a log of all calls received and 

include the manner in which the concern was addressed by the developer. Further the 

Municipality wants to be notified when a complaint is received and advised as to how 

and when the complaint was addressed. In addition there should be requirements for 

these complaints to be resolved in a timely fashion. 

Similar to the Noise Complaint Protocol, the developer would be required to provide 

information on the process to address other concerns residents may have, such as 

communication disruptions or issues pertaining to the construction or personnel. 

As with the Noise Complaint Protocol, the developer would be required to provide 

details on the process that would be followed when complaints are received and the 

intended process to resolve issues and would be required to maintain a log of all calls 

received and include information on how the concern was addressed by the developer. 

Turbine Locations 

The Municipality requests that all turbines be located a minimum distance of hub height 

from adjacent property boundaries (80 metres) except if the adjacent property is under 

contract. The Municipality supports the rights of non-participating property owners to 

expect that the turbines will be located a minimum distance of the hub height from their 

property boundaries and do not support the proponents justify a reduction under any 

circumstance. There are 27 turbines proposed in this project that do not satisfy the 

minimum setback requirement of hub height adjacent to a non-participating property. 

Mediation and Arbitration 

The development agreement shall contain a process for conflict resolution. Such conflict 

resolution shall take place within Lambton Shores. 

Costs 

The developer shall cover all reasonable cost associated with municipal review of this 

project including the preparation and administration of the development agreement. 

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4 

Natural Heritage 

The natural heritage report identifies that Turbines 5 and 9 will be monitored for impact 

on the migration tundra swans. What future plan does the company have if the two 

years of monitoring and adjustment cannot mitigate impacts? Will the turbines be 

removed to eliminate the impacts? 

5.1 Project Location: 

Provide comment on the project location with respect to infrastructure and servicing 

A development agreement is required to be entered into by the proponent and 

registered on title of the lands where accesses or infrastructure are to be located; 

provisions for securities and insurance will be included. Details relating to proposed 

road accesses, infrastructure and route management including post-construction 

restoration are to be addressed in the road user agreement. 

Costs incurred by the Municipality relating to project construction, installation, 

administration, evaluation or costs caused by the Municipality hosting the project in 

general, will be recovered from the proponent. 

Detailed engineered plans relating to the installation of collector and transmission lines 

on Municipal lands must be approved by the Municipal engineer prior to any 

construction taking place and will form part of the development agreement. 

A Stormwater Management report as required by the Municipality is to be provided for 

review and approval by the Municipality and will form part of the development 

agreement. 

A list of locations where fill is proposed to be placed along with a description of how the 

fill is proposed to be handled is to be provided to the Municipality for approval. 

Prior to work commencing, the developer will provide an assessment, to the satisfaction 

of the municipality, of all roads, intersections, bridges, culverts etc. to be used or 

affected during the project. This assessment will include a video recording of the 

existing conditions of the roads, road allowances, intersection, bridges, culverts, etc. 

that will be used or affected during the project. No later than 2 months after the work is 

completed, provide an assessment, to the satisfaction of the municipality, of all roads, 

intersections, bridges, culverts etc. used or affected during the project. After 

construction/commercial operation the developer will provide a video of the conditions of 

the roads, road allowances, intersections, bridges, culverts, etc. that were used during 

the project and arrange to repair any deficiency to the municipality’s satisfaction, prior 

to the release of securities. In addition prior to any deposit being returned the developer 

shall provide “as built drawings” for the distribution lines and facilities, in both paper and 

digital formats, showing the location of the new utility in relation to the existing utilities. 

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5 

As security deposit will be required to be submitted to the Municipality to guarantee 

compliance with the agreement requirements, and ensure the restoration and/or repair 

of any road damage. The amount of the deposit will be equal the cost to install the 

service. 

Haul routes will be identified and approved for inclusion in the development agreement 

with the municipality, prior to work commencing. The Municipality recommends that the 

Developer makes their best effort to plan haul routes that are primarily located on 

Provincial or County roads and limit the use of municipal roadways. The developer shall 

be responsible for the reasonable maintenance of the haul roads or roads used during 

construction, including dust control, grading, repairs, restoration to ensure a safe 

condition at all times, and so that the roads are able to support emergency service 

vehicles at all time. 

Prior to work commencing the developer shall mark the location of any services located 

on an unopened road allowance. 

Prior to work commencing the developer shall satisfy the Municipality with respect to 

liability insurance and shall save the Municipality harmless from any claim, loss, costs, 

damages or other expenses or any incidental or indirect claim arising from the project. 

5.2 Project Roads 

Provide comment on the proposed project’s plans respecting proposed road access 

Detailed engineered plans, including intersection details are required for each 

entrance/access to be installed. Plans will be approved by the Municipal engineer at the 

proponents cost prior to the commencement of construction. 

All entrances/accesses will be identified and subject to the development agreement. 

Final approval for all entrances will be subject to municipal operations considerations 

and By-laws. 

All transmission lines are to be buried underground in order to decrease the 

maintenance required to maintain the lines and to limit the amount of stray voltage that 

is present under and around high voltage overhead transmission lines. In addition the 

proponent should work with other companies proposing to install transmission lines by 

utilizing the same trench or by the sharing of lines in the same trench. 

Identify any issues and provide recommendations with respect to road access 

All access roads are to be signed that they are private roads. Signage is to be approved 

by the Municipality. Signage is to be installed at pre-construction phase. 

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Provide comment on any proposed Traffic Management Plans 

The Municipality has not received a Traffic Management Plan for review. The Plan must 

be submitted for Municipal approval prior to start of project and will form part of the 

Development Agreement. The Municipality recommends that the Developer make their 

best efforts to plan haul routes that are primarily located on Provincial or County roads 

and limit their use of municipal roadways. 

Identify any issues and provide recommendations with respect to the proposed Traffic 

Management Plans 

The Traffic Management Plan will be reviewed by the Municipal engineer to assess 

road, culvert and bridge capacity to determine the design, capacity and condition to 

accommodate the transportation components for each turbine. 

A pre-construction and post-construction analysis of road conditions will be prepared; 

restoration will be addressed to the satisfaction of the Municipality in the development 

agreement. 

Spring weight restrictions may be in effect and will apply to all project activities. 

The Traffic Management Plan must be submitted for Municipal review prior to the road 

condition report being prepared and submitted. 

5.3 Municipal or Local authority Service Connections 

Provide comment on the proposed project plans related to the location of and type of municipal 

service connections, other than roads 

Substation and operations facilities require utility, water, sewage servicing. 

Final design of collection and transmission lines to be reviewed by the Municipality for 

comment and will be included in the development agreement. 

Identify any issues and provide recommendations with respect to the type of municipal service 

connections, other than roads 

No comment. 

5.4 Facility Other 

Identify any issues and recommendations with respect to the proposed landscaping design for the 

facility 

Requirements regarding tree removal and replacement will be detailed in the 

development agreement. However, it is the goal of the Municipality to protect trees on 

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7 

our road allowances as well as on private property. The development agreement shall 

contain detail on proposed tree removal and dictate the number of replacement trees, 

types and locations for replanting those trees removed as a result of this project. 

Every effort should be made to limit removal of trees located in windrows, fence rows 

and along natural features. 

Provide comment on the proposed project plans for emergency management procedures/safety 

protocols 

All access roads require address numbering as required by the County of Lambton 

Emergency Management 9 -1-1 Policies and Procedures. 

The Municipality will require an Emergency Response Plan be developed by the 

proponent for the sites in collaboration with the Fire Chiefs, the Ontario Provincial 

Police, Lambton County Emergency Medical Services and Municipal Staff that takes 

into consideration such matters and acknowledgments as: 

 

 

 

 

 

 

 

The volunteer base of the Fire Department with respect to any medical first 

response or fire call, especially during the construction phase; 

The developer acknowledges the Municipal limit of service to ground level 

assistance only for all core services; 

The developer acknowledging that it is responsible for all emergency response relating 

to the turbine, and that the municipal or local response will be limited to caring for and 

transporting victims once on the ground, guarding against the spread of fire, fighting fires 

in operations or accessory buildings, emergency scene management, and/or 

investigating criminal activities. 

The developer shall ensure that an emergency response plan for personnel 

operating the turbines is available, and all staff are aware of their duties and 

responsibilities, and are fully trained on the procedures and protocols. The 

Developer shall also ensure that regular drills are carried out and, that the 

required safety equipment is available. 

The developer shall ensure personnel are trained in High Angle and Confined 

Space rescue procedures and/or enter into a contract with a High Angle Service 

Provider. 

The developer shall provide any specialized equipment for High Angle rescue 

that is required. 

The developer shall provide the Municipality with copies of the emergency 

response protocols for but not limited to: 

o fire or explosion 

o injury/ trauma 

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o high angle or confined space rescue 

o collapse or collision 

o environmental spills 

o site evacuation. 

 

 

The developer shall post a sign at each IWT access road, listing the turbine 

number, municipal address (number and street), contact name and address of 

the Project manager, (including a telephone number that can be used 24 hours 

day) and hazmat symbols for all onsite materials. 

Actively maintains the contact information beginning at the start of construction 

phase and continuing for the duration of the project until final decommissioning. 

Identify any issues and recommendations with respect to any Easements or Restrictive 

Covenants associated with the Project Location 

There may be other ownership/access issues to be confirmed by the project proponent. 

The operations and maintenance building is to obtain all relevant approvals under the 

Planning Act and must be located within a Settlement Area as identified in the 

Municipality of Lambton Shores Official Plan. 

5.5 Project Construction 

Identify any issues and recommendations with respect to the proposed rehabilitation of any 

temporary disturbance areas and any municipal or local authority infrastructure that could be 

damaged during construction 

Municipal requirements regarding construction damage and/or restoration will be 

detailed in a Development agreement. 

Identify any issues and recommendations with respect to the proposed location of fire hydrants 

and connections to existing drainage, water works and sanitary sewers 

The proponent is required to evaluate existing municipal drains and report on potential 

crossings and/or modifications. The report must contain a request for appointment of a 

drainage engineer under Section 78 of the Drainage Act, R.S.O. 1990, c.D.17. The 

Municipality will appoint a drainage engineer to prepare any required reports and 

schedules at the proponents cost. All costs associated with the preparation of the report 

and subsequent drainage works shall be borne by the proponent. 

All Drain crossing should be below grade and directional drilled, within a minimum 

separation from the drain invert of 1.5 metres. 

The developer and the Municipality will jointly develop a process for the relocation of 

the projects infrastructure if relocation is necessary in the future. The developer shall be 

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9 

responsible for the cost of relocating their infrastructure should it be deemed necessary 

for any future municipal roadway project. These provisions shall be included in the 

development agreement. 

Identify any issues and recommendations with respect to the proposed location of 

buried kiosks and above-grade utility vaults. 

Above-grade utility vaults are to be constructed in a location that will maintain 

appropriate site lines at intersections. Appropriate drainage measures are to be 

addressed and approved by the Municipality. 

Identify any issues and recommendations with respect to the proposed location of existing and 

proposed gas and electricity lines and connections 

The proponent will locate existing utilities on the as-constructed drawings to be provided 

to the Municipality post installation. 

Provide comment on the proposed project plans with respect to Building Code permits & 

licenses 

The proponent is subject to the Building Code Act and Regulations and Municipal 

Building By-law 80 of 2007, as amended. All structures, other than turbines, are also 

subject to the Planning Act, Site Plan Control By-law and Municipal Zoning By-laws. 

Ancillary buildings shall be located within the limits of the Municipality of Lambton 

Shores in an identified settlement area pursuant to the Municipality’s Official Plan. 

Identify any issues and recommendations related to the identification of any significant natural 

features and water bodies within the municipality or territory 

Natural features and water bodies are to be addressed to the satisfaction of the MNR, 

the Ausable Bayfield Conservation Authority and the St. Clair Region Conservation 

Authority. No development shall proceed until final approval of the Natural Heritage 

Assessment and Environmental Impact Study Report is received by the Municipality 

from the Ministry of Natural Resources. 

Identify any issues and recommendations related to the identification of any archaeological 

resource or heritage resource 

The Municipality requests that final approval be received from the Ministry of Tourism, 

Culture and Sport for this project which identifies any additional work required for 

individual sites prior to a turbine being installed. Such information shall form part of the 

Development Agreement 

84


D.C.S. Report No. 17-2013 Wednesday, January 23, 2013 

TO: 

FROM 

RE: 


Brent Kittmer, Director of Community Services 

Council Chambers 


That the report be received for Council direction. 

REPORT 

At the January 10, 2013 Budget meeting Council allocated an additional $15,000 to the 

capital budget to be used for painting the interior of the Thedford Village Complex, and 

purchasing more permanent furniture for Council meeting. This addition of funds 

brought the total budget for work at the Village Complex to $25,000 for 2013. 

This change was reported in a local newspaper, and since that time staff has received 

negative feedback from some members of the public who do not agree with making any 

upgrades to the Village complex for the purposes of a conversion to formal Council 

chambers (see communication attached). 

To date the only modifications to the building have been the installation of the new 

sound system, and an overhead projector will be installed in the near future. Both of 

these changes serve as improvements to the building that will benefit more than just 

Council meetings. For example, these changes improve the room’s function as a 

training centre and the municipality’s Emergency Operations Centre. 

This report is presented to Council to provide an additional opportunity to discuss the 

future use of the Village Complex before staff moves forward with the changes that 

have been requested by Council. 

Current Use of the Thedford Village Complex 

When preparing this report, staff consulted with the Thedford Seniors and the Thedford 

Fire Department regarding their usage of the Village Complex. 

Presently the Thedford Seniors use the Village Complex to meet and play cards on 

Wednesdays and Saturdays. One of the pool tables is owned by the seniors, and while 

in the past, the pool tables were used by seniors on weekdays from 9:00 am to 10:00 

am and on Thursday evenings from 7:00 pm to 10:00 pm during the winter months, we 

have received feedback that it is no longer used regularly. 

85

As the pool tables are rarely used, staff has asked if the seniors would be agreeable to 

having their pool table relocated to the old Thedford Library location on a temporary 

basis to allow more room to accommodate the influx in attendance at recent Council 

meetings. After reading the report in the local paper the seniors have responded that 

they are not supportive of this change. 

The Fire Department uses the community room as a training centre and for their annual 

stag. As noted above, the improvements to the room made to date serve to improve the 

room as a training centre. In discussion with the Fire Department, staff has learned that 

one of the pool table is owned by the Department’s “Club 21” and is typically used once 

or twice per year. The Fire Department has submitted a letter of concern respecting any 

plans to make the Village Complex a formal chambers (see Attachment 3), and their 

concerns relate to building occupancy and their ability to access the building in the 

event that a fire call occurs during a Council meeting, due to parking congestion. 

The Fire Department makes a valid point respecting occupancy of the room. The listed 

occupancy for meetings (with chairs and table) is 115 persons, and at recent Council 

meetings this threshold is being approached. Options for dealing with this issue in the 

short term are presented below. 

The Village Complex is also rented for private functions such as family gatherings, 

meetings, birthday parties etc. The feedback that staff has received is that the Village 

Complex is the preferred location for these small gatherings as users find Thomas Hall 

at the Legacy Centre to be too large. As noted previously, staff has received feedback 

from a few members of the public that citizens donated their time and money to the 

construction of the Village Complex so that it could be used as a community meeting 

place and not as permanent Council chambers. A letter is attached to this report that 

expands on this concern further. 

Attachment #1 provides a breakdown of the 2012 rental hours for the Village Complex. 

Moving Forward 

Due to the concerns that have been raised by the public, staff are presenting this report 

as an opportunity to discuss the modification of the building for a formal Council 

Chambers, and to review alternative locations. 

In October 2012 staff presented report number DCS 103-2012 regarding the proposed 

plan to renovate the old Thedford Library location to a formal Council Chambers. That 

report was deferred to budget discussion in December, at which time, the capital project 

was deferred to 2017 with a budget of $73,000. 

When discussing how to move forward Council may want to give consideration to a 

short term and long term strategy. Recent Council meetings have seen an influx in 

gallery members, and, for example, Council may wish to consider temporarily moving to 

a larger venue until attendance drops to previous levels and then implement its long 

term preferred option. 

Some options to consider when discussing this matter are presented below: 

86

1. Status Quo 

Continue to hold Council meetings at the Thedford Village Complex, with the 

current furniture and layout. 

Estimated budget for this option: $10,000 (as originally presented in the 2013 

capital budget, including sound system and new ceiling mounted projector) 

2. Formal Council Chambers at the Village Complex 

Council could choose to continue holding its meetings at the Village 

Complex, and use the 2013 budget allocation to make alterations to the 

interior to make the setting more formal as was directed at the January 10, 

2013 budget meeting. 

In this option the only changes necessary would be the purchase of 

permanent Council and staff furniture and deciding upon a preferred layout. 

Should Council wish to move forward with this option Staff requests direction 

by motion to move the pool tables and make the requested upgrades so that 

we may clearly communicate the direction with those members of the public 

who have expressed an interest in this matter. 

Estimated budget for this option: $15,000 (in addition to the sound system 

which has been installed) 

3. Move Council Meetings to a New Location (i.e. the Legacy Centre, either on 

a temporarily or permanent basis) 

Council could choose to move to a different new location, such as Thomas 

Hall at the Legacy Centre. 

The facility is already equipped with a sound system and the existing portable 

projector and screen can be used for the necessary visual presentation 

system. 

Portable furniture would still be required to be used, and the facility is large 

enough to accommodate high attendance at Council meetings. In addition, 

there would be sufficient parking to accommodate the participants and the 

other users of the facility, which would alleviate the concerns raised by the 

Fire Fighters 

This option would also reduce the number of staff hours dedicated to set up 

and tear down of the Council set up at the TVC, as the staff would already be 

on site and would not need to leave the facility to set up. 

The downside of this option is that groups that presently use Thomas Hall on 

Monday nights (see Attachment #1) would need to be informed that the hall is 

temporarily not available, and would be accommodated on another night or at 

a different venue on the same night. (Note: when renters sign their rental 

agreement it explicitly states that the municipality may use the facility if 

needed, and that a municipal use takes precedent over the booking). In this 

case the Monday users of Thomas Hall could be accommodated in the 

Village Complex so that their events remain on the same night. Alternatively, 

Tuesday nights are currently open and these groups can be offered these 

time slots. 

Estimated budget for this option: $0 

87

4. Renovate the Former Thedford Library 

The option of creating a formal Council chamber at the former Thedford 

Library location was reviewed in 2012, and the decision on November 13, 

2012 was to defer the discussion until 2017, and allocate $73,000 in the 2017 

capital budget to complete this project. 

This time frame could be moved forward at this time 

The advantages would be that there would be a dedicated location for 

Council and community meetings that could be set up on a permanent basis. 

The parking would be moved east of the existing fire hall, which would 

address the concerns of the Fire fighters. Also, there would be no need to 

displace any existing user groups. Renovating and reusing this building 

would also help improve the streetscape of the Village. 

The disadvantages with this option include the relatively small size of the 

facility, and the cost to renovate. 

Estimated budget for this option: $73, 000.00 

5. Construct a New Council Chambers 

One option that has not been previously discussed by Council is the 

consideration of constructing a new facility as a dedicated Council chambers 

and meeting room. 

This option would represent a high capital cost compared to all of the others, 

and presently there is no budget prepared for this option. 

If Council wished to consider this option staff recommends that further 

discussion needs to take place to select a location and set the parameters of 

the project. With this information staff can seek out preliminary budget 

estimations for review. 

Staff respectfully requests direction from Council on their preference for proceeding with 

this project. 


Brent Kittmer, P.Eng. 

Director of Community Services 

Attachments: 

1. 2011/2012 Summary of Village Complex Bookings & Thomas Hall Monday 

Bookings 

2. Email received from Mr. Gary Glenn “Lambton Shores Sets Aside "Ambiance" 

Money for Council Chambers.” 

3. January 23, 2013 Letter from the Thedford Fire Department 

88

Attachment 1 – Summary of 2011/2012 TVC Booking Hours 

Thedford Village Complex - 2011 Bookings 

Hours Booked Purpose Revenue 

Municipality of Lambton Shores 163 Meetings $ - 

NLCHC - I Can Program 188 Youth $ - 

(now Legacy) 

Small World Nursery School 240 Daycare $ 600.00 

(now Legacy) 

Thedford Fire Club 114 Meetings 

Thedford Seniors 231 Euchre $ 1,062.00 

Thedford Spirit Club 86 Meetings $ - 

Miscellaneous Bookings 130.25 Birthday parties, $ 1,496.50 

showers, 

meetings, etc 

1152.25 $ 3,158.50 

Thedford Village Complex - 2012 Bookings 

Hours Booked Purpose Revenue 

Municipality of Lambton Shores 286.5 $ - 

Thedford Fire Club 144 Meetings $ 118.30 

Thedford Seniors 231 Euchre $ 1,062.00 

Thedford Spirit Club 28 Meetings $ - 

Miscellaneous Bookings 103.5 Birthday parties, $ 1,491.65 

showers, 

meetings, etc 

793 $ 2,671.95 

Thomas Hall Monday Bookings 

Group Time Fee Paid 

Shuffleboard Club 1:00 – 4:00 pm Reduced hourly rate 

NLCHC “I CAN” 

Linda’s Fit Camp 

4:00 – 6:00pm 

(half hall, noise levels 

compete with other side) 

6:45 – 8:45 pm 

(half hall, noise levels 

compete with other side) 

Fees Waived 

Regular Fee 

Attachment 2 – 

Correspondence Receive in Opposition of Using the TVC as a 

89

Permanent Council Chambers 

From: Garry Glenn 

Subject: Lambton Shores Sets Aside "Ambiance" Money for Council Chambers. 

Thedford Volunteers spent 5253 hours constructing the Thedford Village Complex. An additional 133 

hours of equipment usage was donated. The total estimate cost of these donations was $112,000. The 

complex hall was dedicated to my father, Norman Glenn, for his contributions. As you enter the complex 

hall, you will note names of donators, people of the community of Thedford, on the bricks. These people 

also donated money to this building fund, so everyone in the community could use it.It was not built to 

be a council chambers. 

With the amalgamation of Thedford, Arkona, Forest, Grand Bend and Bosanquet, it appears that 

the past and present councils have lost track as to why the Thedford Village Complex Hall was 

built. 

It was built as a Seniors Recreation Hall, a Rental Hall for the people of the Village of Thedford and a Fire 

Department meeting and training facility for the Thedford Fire Department 

Why is council buying a sound system for the Hall? 

There is already a sound system in the hall that was purchased and installed by the seniors. Maybe they 

could use it. 

Why are the Thedford Seniors and the Thedford Fire Department been forced to remove their pool 

tables from the Thedford Village Complex? 

By moving to the old library, it creates a safety issue for the seniors. There is no place to park except on 

the main street and there is no handicap parking. Can you just imagine seeing my 89-year-old mother 

and 50 other senior citizens try to parallel park on the main street. The property across the road is private 

property, not a parking lot. I don’t think that the present council members, especially Doug Bonesteel, 

know what they are asking of the seniors. 

Why do you expect the seniors to move to the old library? 

There is no kitchen facilities there for the seniors. They presently own the dishes that are in the cupboard 

at the Complex Hall. They also own tables and chairs. 

What do you think it is going to cost to move the seniors to the library? 

It was going to cost $70,000 to move council. Seniors would need Commercial approved kitchen facilities; 

Refrigerator, stove and triple sink for doing dishes, exhaust fan, etc. It will also cost extra money to move 

the pool tables. These are slate tables that required professional setup. 

If the Complex Hall is changed to a council chamber, will it still be rented out to the public and will 

it still be available to Service Clubs, such as the Spirit Club? 

If not where do we go? It doesn’t make sense to use the large Legacy centre for small functions. I 

personally plan on renting the Complex Hall for my birthday. The Spirt Club uses it for monthly meetings. 

Some people use it for Christmas and other family functions. Where do we go? 

Last but not lease, Why do they not consider moving to the Legacy Centre? 

90

The Legacy Centre has a large double hall with a portable wall that can be extended to divide the room 

into two. One side could be set aside for Council chambers, when needed for rental, it could be taken 

down by the Lambton Shore Staff. I believe that the council tables and chairs could then be put into the 

storage room when the regular table and chairs are removed. The Legacy hall is not used very often, so 

there would be fewer tear down required. There is also much more parking at the Legacy Centre than at 

the Village Complex. 

I have talked to several people on this subject and most of the people in the Village are against the use of 

the Thedford Village Complex for council meetings and I do not believe that any of the seniors are in favor 

of moving to the old Library. 

As our councilor, it is my request to you, that you bring up these concerns at the next council and 

get them resolved for the people of The Village of Thedford. 

Sincerely Yours, 

Garry Glenn 

Future Senior Citizen of Lambton Shores 

6 year Member of the Thedford Spirit Club 

23 year Member of the Thedford Volunteer Fire Department 

Past Commissioner of Thedford PUC 

Past President of Thedford-Bosanquet Optimist Club 

Thedford Centenial President 

Fund Raising Commitee Member for Thedford Bosanquet Community Centre ( Thedford Arena) 

64 Year Resident of The Village of Thedford. 

Attachment 3 

91

THEDFORD (LAMBTON SHORES) FIRE DEPARTMENT 

P. O. Box 189 

THEDFORD, Ontario 

N0M 2N0 

January 23, 2013 

Mr. Bill Weber, Mayor 

Mr. Brent Kittmer, Director of Community Services 

Janet Ferguson, acting CAO, 

and to all of the Council of 

the Municipality of Lambton Shores 

Re: 

Thedford Village Complex -Thedford Fire Hall and Seniors Hall 

It has been brought to our attention through Janet Ferguson contacting the 

Fire Department about the removal of our pool table, through concerned citizens 

of Lambton Shores, and through local newspaper articles, that the members of 

Lambton Shores Council are considering changes to the Thedford Village 

Complex in order to “temporarily” make improvements to the facility in order to 

accommodate the “increase” in attendance at the council meetings. 

After the Thedford Fire Department practice on January 22 nd , 2012, we have 

several concerns in which we would appreciate your consideration in making 

your decisions in regards to the changes to the Thedford Village Complex. 

We are sure you are all aware, although some of the council were not in 

office, or even in the community, when this building was built, that several 

fireman, past fireman, seniors, and local community tax payers, were heavily 

involved in the construction of this firehall, senior hall, ambulance bay, and 

meeting centre, and provided countless volunteer hours of their personal time 

and commitment to this community facility. Also, as you can all see, there is a 

brick wall at the entrance of the facility, which indicates that donations were 

made to this facility from many local families, out of their own pockets, in order to 

have this facility available to them, to rent for family birthdays, anniversaries, and 

other community functions. At no time was it ever considered or ever imagined 

that this facility would become a “temporary or full-time” Council Chambers for 

Lambton Shores. During the past few years, millions of tax payers dollars have 

been spent to build and improve new and existing community centres in Forest 

and Thedford, and to improve and build new Lambton Shores offices in Forest, 

Northville and Grand Bend. Why was it never considered to build a “permanent” 

Council Chambers and Meeting Centre for all Lambton Shores Administration 

Meetings (planning board, fire board, council meetings, etc. ) in any of these 

locations?? Why should we, the Thedford Village Complex residents, have to 

give up our facilities in order to accommodate the new Lambton Shores 

Council?? 

92

We realize and are told that this decision is only in the discussion stage, 

but we are very concerned what it may lead to in the future. 

As a Fire Department of Lambton Shores, we have a few concerns with the 

Council meetings being held in the Thedford Village Complex, and we wish that 

these concerns be included in your January 31 st , 2013 agenda and discussion 

concerning the future of the Thedford Village Complex: 

i) As you all aware of the sign which is posted in the complex, there is 

a maximum capacity number for the meeting room. On several occasions, 

we have witnessed “standing room only” in the complex which violates the 

Fire Marshall’s occupancy permitted in the room at one time; 

ii) The Fire Department has only three (3) “Fire Department only” 

parking spots available at any one time. On the average for fire calls and 

practice nights, we have anywhere between 15-20 firefighters in 

attendance. Therefore, if there is a council meeting during a fire call or 

practice, the majority of the Fire Department are scrambling to find parking 

spots due to the “popularity” of the recent council meetings. This could 

hinder the response time to an emergency call. The parking lot across 

from the firehall, to the east, is a privately owned parcel of property. We do 

not have permission to park in this area. The only other option is the 

parking near the complex and on the street. By having your council 

meetings at the complex, and the increase in volume at these meetings, 

there is very limited parking to the firemen in case of an emergency. 

iii) On several occasions, on practice night, which is every other 

Tuesday night, the “temporary” council chambers has not been removed or 

taken down from the meeting room, making it difficult for our department to 

conduct our essential training. We use the meeting room every other 

Tuesday night (and have since the facility was built) for training exercises, 

presentations, and also for Lambton County Chiefs’ meetings, Mutual Aid 

and Fire Prevention meetings. 

In closing, we would appreciate your consideration when deciding on the 

future of the Thedford Village Complex / Thedford Fire Department Training 

Room. We are very concerned that this facility which was built by the community 

for its use of all of the residents of Thedford and surrounding area, is going to be 

taken away and turned into a “Permanent Council Chambers”. 

Sincerely and respectively, 

The Thedford (Lambton Shores) 

Fire Department 

93


D.C.S. Report No. 24-2013 Tuesday, January 22, 2013 

TO: 

FROM: 

RE: 



Southcott Pines Three Way Stop Proposal 


That D.C.S. Report No. 24-2013 be approved; and further 

That By-law 17-2013, establishing a three way stop at the 

northerly intersection of Grand Oaks Drive and Lakeview 

Avenue be approved. 

REPORT 

The Municipality has received correspondence from the Southcott Pines Residents 

Association with a request to install a three way stop at one of the two intersections of 

Lakeview Avenue and Grand Oaks Drive. The thought is that the addition of a traffic 

control will help to improve safety for all road users by adding a new measure of speed 

control. 

Lakeview Avenue acts as a local ‘collector’ road for Southcott Pines by providing the 

main access in and out of the community by way of Highway 21. Lakeview is not 

constructed to modern urban street standards and lacks roadside shoulders, drainage, 

is quite narrow, and lacks pedestrian pathways. Lakeview Avenue is essentially a local 

street with rural or semi-urban characteristics. 

The request from Southcott Pines Residents Association is based on the observance of 

safety questions along Lakeview Avenue. Upon reviewing the Transportation 

Association of Canada (TAC) guidelines this matter generally does not fit into any kind 

of standard review or formula for the appropriateness of stop sign installation. This road 

does not have speed, traffic volume, or geometric properties to fall into the TAC 

standards. 

As such the Community Services Department refers to the following section from the 

TAC guidelines based on previous discussion in this report on Lakeview Avenue being 

a local street: 

“In residential areas, along local roads, land access takes priority over mobility 

and capacity. The benefits achieved through low vehicular mobility and lower 

traffic include enhanced safety for pedestrians and children at play, reduced 

noise levels, reduced vehicle emissions, and increased comfort for residents. 

94

These are desirable characteristics for local residential roads and to a lesser 

extent residential collectors.” 

Based on this guidance the Community Services Department is in agreement with the 

proposal and believe that the installation of a three way intersection will reduce vehicle 

speeds and create a safer environment for vehicles and pedestrians alike. Staff’s 

recommendation is to implement a three way stop intersection on the northerly 

intersection of Grand Oaks Drive and Lakeview Avenue in order to balance the lengths 

of road between Highway 21 and Pines Parkway. 

The request for additional signage came from the Southcott Residents Association. It is 

typically recommended that public input be solicited for neighborhood changes such as 

this. In this case the Southcott Pines Residents Association represents the interests of 

the majority of residents in the area, and the President of the Association has confirmed 

that this proposal was presented at the Association’s annual general meeting without 

opposition. In addition, the Association confirmed that the proposal for stop signs would 

be advertised on the local television channel. As such, it is staff’s opinion that the public 

consultation recommendation has been met. 




Report Prepared by Nick Verhoeven, P.Eng., North Area Manager 

Attachments: 

1. Area Map 

2. Authorizing By-law #17-2013 

95

M 

Shorel in 

Christie Blvd. 

Pines Parkway 

Pr 

incess Street 

Riverside Drive 

Brewster Blvd. 

Oakbur n Cour t 

Shorel ine Dr ive 

Sherwood Cres. 

Sherwood Cres. 

Pines Parkway 

Lakeview Avenue 

Br ookbank Cour t 

Havenpark C 

Parkside Cres. 

res . 

Grand Oaks Drive 

Lakevi ew 

Woodpark 

Cour t 

Avenue 

Sumac Court 

Dogwood Dr ive 

Grand Oaks Dr i ve 

X 

Proposed Three Way 

Stop Location 

Lakeview Avenue 

Ontario Street South (Highway21) 

Pineview Cres. 

Beave r 

Dam Cres. 

Street 

96 

Beaver Dam Court 

John 

Judith S 

lvd.


BY-LAW 17 of 2013 

Being a By-law respecting the erection of stop signs at intersections. 

WHEREAS: Section 137 of the Highway Traffic Act (R.S.O 1990) states that the 

Council of a municipality may by by-law, provide for the erection of stop signs at intersections 

on highways under its jurisdiction; and every sign so erected shall comply with the regulations 

of the Ministry of Transportation; 

THEREFORE: 

The Council of the Municipality of Lambton Shores enacts as follows: 

1. The intersection on the highways set out in Column 1 is designated as an intersection 

where a stop sign shall be erected at the location shown in Column 2. 

2. The designation made by Section 1 above shall not become effective until a stop sign 

has been erected in accordance with the Regulation of The Highway Traffic Act. 

3. The penalties provided in section 208 of The Highway Traffic Act shall apply to all 

offenses against this by-law. 

COLUMN 1 COLUMN 2 

INTERSECTION 

DIRECTION 

Grand Oaks Drive and Lakeview Avenue 



Northbound on Lakeview Avenue 

Southbound on Lakeview Avenue 

Eastbound on Grand Oaks Drive 

READ A FIRST AND SECOND TIME11th DAY OF FEBRUARY 2013 

READ A THIRD TIME AND FINALLY PASSED THIS 11 TH DAY OF February 2013 

_______________________________ 

MAYOR – Bill Weber 

_______________________________ 

CLERK - Carol McKenzie 

97


D.C.S. Report No. 26-2013 Wednesday. February 6, 2013 

TO: 

FROM 

RE: 



60 Main Street, Forest – Vibration Complaint 


That the report be received for Council’s information. 

REPORT 

Ms. Bernice Rade has attended Council on February 11, 2013 as a delegetion to speak 

to the decided matter of a vibration complaint at 60 Main Street in Forest. Council 

reviewed this complaint in 2012, and passed the motion below as a result of information 

presented in report number DCS 116-2012. 



That the home owner for 60 Main Street, South in Forest be advised that the 

Municipality will not take any further action regarding the vibration issue in her 

home and that the road and watermain re-construction of Main Street South in 

Forest be allocated as needed to the 10 year Capital forecast. Carried 

For Council’s information DCS 116-2012 is attached to this report for reference. The key 

information as it relates to Council’s previous deliberation and decision on this matter is 

noted in the summary below: 

Why was the vibration study undertaken? 

Council directed staff to determine the cost of repairing Main Street in Forest and 

make it a priority. DCS 102-2012 outlined the cost of resurfacing the roadway 

was $168,000 – 289,000 and that the priority for repair based on the road needs 

study was 6-10 years to be coordinated with a water main replacement project. 

The report further outlined that the only complaint of vibration were occurring at 

60 Main Street South, and that a background vibration study could be conducted 

to determine if the roadway was the cause of widespread vibration or if this was 

an isolated incident. 

Considering this information Council directed staff to complete a vibration study 

as a due diligence step prior to investing significant capital funds. 

Who Completed the Vibration Study? 

The study was completed by AMEC Environmental, and vetted by professional 

engineers at their firm who specialize 98in 

Geotechnical Engineering.

AMEC confirmed to staff that the study was completed to all applicable 

standards, and was representative of possible traffic conditions. Photographic 

documentation was included in the report. 

What did the AMEC Study Find? 

The AMEC report found that surface vibration levels at the front of 60 Main Street 

were below benchmark readings for the area, and that there were not any 

abnormal readings immediately across the street or at the neighboring property 

(62 Main Street South). 

AMEC confirmed with municipal staff that vibration readings progressively 

decreased as the recordings were taken further away from the road, and that this 

is typical of a healthy roadway. 

AMEC confirmed with municipal staff that vibrations occurring in the home in a 

china cabinet could be the result of that particular piece of furniture amplifying 

vibration, and that further detailed vibration study work would need to be 

conducted in the home to determine the cause. 

What Did Council Decide? 

Considering the information presented; the opinion from AMEC that the roadway 

was typical; and the possible precedent of the municipality funding a detailed 

study on private property Council directed that no further action was to be taken. 




Attachments: 

1. DCS 116-2012 

99


D.C.S. Report No. 116-2012 Friday, December 7, 2012 

TO: 

FROM 

RE: 



Forest Main Street South Vibration Testing 


That the report be received for Council’s direction. 

REPORT 

The property owner of 60 Main Street South, Forest, has submitted concerns to Council 

regarding vibrations occurring in her home which is adjacent to the roadway. The 

perceived cause if the problem is the surface condition of the roadway. Council received 

the complainant’s letter, and passed the following motion: 



That staff prepare a report on the condition of Main Street, South in Forest as well as 

submitting a request for funding to the Ministry of Transportation for the repair and 

upgrade of this “connecting link” and that this roadway be included in the 2013 

Capital Budget deliberations for consideration as a priority. Carried 

In response to this direction staff prepared and presented DCS report #102-2012 which 

outlined four possible options for moving forward: 

Option #1 – $2,500 

Option #2 – $168,000 

Option #3 – $215,000 

Option #4 - $289,000 

Initial vibration study 

Resurface Philbroden to George 

Resurface Philbroden to George, and 

Broadway to King 

Resurface Philbroden to King 

As noted in DCS report #102-2012 there is no funding available from the MTO for this 

project, so any corrective actions taken to resolve the complaint will be required to be 

100% funded by the municipality. Upon review of this information, Council referred the 

matter to budget and staff was instructed to complete the vibration study. 

AMEC Environment & Infrastructure was retained to complete the study work, and 

readings were taken on November 12, 2012. Attached to this report is a condensed 

version of AMEC’s findings, including the body of the report and picture documentation 

of the traffic that passed by at the time of the readings. 

100

The general procedure for the testing was for readings to be taken when no traffic was 

present to establish the background vibration condition which then served as the 

benchmark to be compared against. Next, readings were taken for situations that 

represent light and heavy traffic conditions (see photos) and measurements were taken 

at the roadside curb, the roadside sidewalk, property owner’s lawn, and at the front 

doors of 60 and 62 Main Street. For comparison purposes readings were also taken at 

the property across the street (the Forest fire hall) and at the corner of King and Main 

Streets. 

AMEC has concluded that the vibration readings taken at the front of the homes located 

at 60 and 62 Main Street are below the benchmark background readings, and has 

confirmed that the trend is for the vibration intensity to dissipate the further away from 

the road that readings are taken. What this means is that when heavy traffic passes by 

vibration levels at the front of each home are no higher than vibration levels when no 

traffic is present. 

Staff has received feedback from a Council member that the resident located 60 Main 

Street continues to feel vibrations in her home, and during the testing AMEC reports 

that the resident informed them that vibration is typically occurring at the front of the 

home, and is most noticeable in a china cabinet near the front of the home. In 

discussion with Municipal staff, the AMEC engineer explained that depending upon the 

structural condition of the home, the actual structure could be amplifying any vibration 

that is present. The AMEC engineer also explained that the particular piece of furniture 

could be amplifying vibration, or that rattling china can be caused by the noise vibration 

rather than ground vibrations. Further and more detailed study work would be 

necessary to confirm if the structure of the home is contributing to the issue. 

It is also important to note that the readings taken at the front of the homes are 

approximately 100 times less than vibration levels necessary to cause structural 

damage to buildings. During the course of the testing the neighbor living at 62 Main 

Street South reported to AMEC that he did not feel vibrations in his home, but did notice 

diagonal cracking in certain parts of his home. AMEC has indicated to municipal staff 

that this type of cracking is typically indicative of settlement occurring at the location. 

Also notable is that the municipality is not receiving complaints from other property 

owners located on the street with similar setbacks. This information leads to the 

possibility that this issue is an isolated occurrence. 

Next Steps 

Staff requires direction from Council if they wish to consider further action related to this 

issue. 

Should Council wish to pursue further action, the following two options can be 

considered: 

1. Conduct Detailed Vibration Testing in the Complainants Home 

As noted above, the initial readings taken at the location indicate that vibration 

levels on the front doorstep of the 101 home are no higher than background levels,

ut the property owner is still reporting vibration in the home. In their report 

AMEC noted that a consideration to confirm how the vibration is occurring and to 

confirm the source of the vibration is to complete further and more detailed study 

work. If this work was undertaken AMEC would work directly with the property 

owner to investigate the issue as it occurs in the home, and then work to 

determine if the issue is related to an underlying condition at the location. At this 

point in time AMEC is unable to provide a cost estimate to complete the work as 

the extent of the project is not known. 

Important for consideration is that in this approach the focus of the work will be 

on private property with the results of the study providing the property owner 

detailed information about their home. Council will need to consider if it is 

appropriate to use public funds for a study that will primarily benefit one property 

owner. 

Also for Council’s consideration in the precedent that may be set if this work is 

undertaken due to the extent of work that would be completed for the benefit of a 

single property owner. If future complaints and requests come forward the 

municipality may be expected to react in the same manner. Council needs to be 

aware that staff has received informal complaints from residents on King Street 

regarding roadway conditions causing vibrations in their homes. It is reasonable 

to expect that any action taken on Main Street south may result in a similar call 

for action on the King Street portion of the connecting link. 

2. Resurface Affected Section of Main Street South 

In DCS report #102-2012 staff outlined the following three resurfacing options 

and their costs: 

Option #2 – $168,000 

Option #3 – $215,000 

Option #4 - $289,000 

Resurface Philbroden to George 

Resurface Philbroden to George, and 

Broadway to King 

Resurface Philbroden to King 

Presently these sections of Main Street are not included in the five year capital 

forecast, and are not identified as immediate needs in the Roads Needs Study. 

Please note, implementing any of the roadway resurfacing options will result in 

work on other roads identified by the Road Needs Study as a higher priority 

being delayed. As noted above, Council must consider its precedent in this case 

as it is reasonable to expect that any action taken on Main Street south may 

result in a similar call for action on the King Street portion of the connecting link. 

The 2011 Roads Needs Study reviewed the condition of Main Street South in 

Forest, and recommended an “R1” treatment in the 6-10 year time frame 

meaning that this stretch of roadway is not given immediate priority in the current 

road works plan based on the condition of the roadway. For reference, pictures of 

the road surface are attached to this report. For Council’s information an “R1” 

surface treatment would involve milling one lift of the existing asphalt and 

102

eplacing that lift with a new layer of asphalt. The work recommended does not 

involve any road base reconstruction. 

In the case of Main Street South the municipal watermain is also located in the 

roadway. In these instances past practice has been to consider a watermain 

replacement when the road is in need of repair, or consider a road reconstruction 

when the watermain is in need of repair. In this section the watermain was 

installed in the 1920s and is reaching the end of its useful life. That said, the 

watermain continues to be in good condition and there is no serious history of 

breaks in the area. At this point in time this section of watermain is not in the 5- 

year capital forecast, and its priority for replacement will be determined in the 

next few months when Lambton Shores’ asset management plan is completed. 

When required, the planned work for this section of roadway is a full road 

reconstruction (base, watermain, curb and gutter as required) and the estimated 

cost is $1,395,000 (2012 dollars). The cost split is $1,164,000 for road related 

work, and $231,000 for watermain related work. 

Staff respectfully requests direction from Council if they wish to consider further action 

related to the issue or reported vibrations at 60 Main Street South in Forest.. 




Attachments: 

1. Main Street South Roadway Pictures 

2. Condensed version of the AMEC Vibration Study 

103

Attachment 1: Main Street South Condition Pictures 

104

105

106

107

108

109

110

111

112

113

114

115

116

117


TR Report No. 19-2013 Tuesday, February 5, 2013 

TO: 

FROM: 

RE: 


Janet Ferguson, Treasurer 

Phasing Out of the Penny 



REPORT 

As part of the Economic Action Plan 2012, the Federal Government announced it would 

phase out the penny from Canada’s coinage system. The Royal Canadian Mint will 

cease the distribution of pennies to financial institutions on February 4 th , 2013. On this 

date, businesses will be encouraged to begin rounding cash transactions in a fair and 

transparent manner. As financial institutions will no longer be receiving pennies from 

the Mint, they will not distribute pennies to consumers and businesses after February 

4 th , 2013. 

After reviewing the legislated changes and requirements going forward, the Finance 

Department has opted to offer penny change to our customers who pay by cash, up to 

April 1 st , 2013. This will allow our Offices to use up their cash drawer penny supply and 

give our customers a reasonable amount of time to become aware of and accustomed 

to the “rounding up and rounding down” for payment of cash transactions. Guidelines 

for the implementation are noted below. 

The phasing out of the penny will have no impact on the calculation or reporting of the 

HST. 

Rounding Guidelines 

Only cash transactions require rounding, either up or down to the nearest five-cent 

increment. Cheques and transactions using electronic payments – debit and credit 

cards – do not need to be rounded because they can be settled electronically to the 

exact amount. 

The following guidelines have been recommended – 

Round Down 

Round Up 

$1.01 or $1.02 $1.00 $1.03 or $1.04 $1.05 

118 

$1.06 or $1.07 $1.05 $1.08 or $1.09 $1.10

With the rounding up and down of cash transactions, it is expected that there will only 

be minimal variances 

For any cash payments, the rounding occurs at the end of the transaction; after all 

applicable taxes are calculated. For example - if the transaction amount to be paid 

comes to $4.92 – the customer would be required to pay $4.90., or if the transaction 

amounted to $4.98, the customer would be required to pay $5.00. The difference of 

$0.02 would be allocated to a General Ledger account that will be setup to allow for 

these cash variances. 

The Municipality will still accept pennies from a customer as part of a customer’s cash 

payment after April 1 st , 2013, if they have the exact change. If they do not have the 

exact change, then the rounding guidelines for the phasing out of the penny would be 

applied. Further, if pennies are received after April 1 st , 2013 they will be deposited at 

the bank and not distributed in our daily course of business. 

This report is to inform Council of the Finance Department’s procedures on dealing with 

the “Phasing out of the Penny”. 


Janet Ferguson, 

Treasurer 

Report prepared by Wendy Jennison, Tax Collector 

119


CL Report No. 11-2013 Wednesday, January 30, 2013 

TO: 

FROM: 



RE: Proposed Amendment to the “Chip Wagon Licensing” By-law 99-2007 


That By-law 99-2007, a by-law to provide for the licensing, 

regulating and governing Chip Wagons in the Municipality 

of Lambton Shores be amended as outlined in CL Report 

No. 11-2013. 

REPORT 

In December of 2007, By-law 99-2007, a by-law to provide for the licensing, regulating 

and governing Chip Wagons in the Municipality of Lambton Shores was approved, and 

the by-law contains the conditions under which a license would be issued. 

A major component to the by-law was that 1 unit per defined area would be allowed. (In 

the community of Ipperwash, there were 3 units currently in place when the by-law was 

passed, all of which were allowed to remain, as they were considered “legal non 

conforming”) 

Each license is valid for 1 year only, and is issued on a first come first serve basis; 

however, the by-law has a provision that the previous licensees will be given the first 

opportunity to re-apply for licenses, but must reapply before March 1 of each year. 

We have received information that it is difficult for the operators to obtain all the required 

inspections that early in the season, especially if there is inclement weather. A request 

has been received to change the “reapply” date to April 15. 

The reason for the defined “re-apply by date” was to ensure that the existing businesses 

had the first opportunity to remain in their location, yet still allow time for an alternate 

provider to apply for a license in the event that the existing businesses did not want to 

continue. Staff have no objections to changing the re apply date from March 1 to April 

15 as this will still allow time to find alternate providers if need be. 



Clerk 

Attachment 1. By-law 99-2007 

Attachment 2. By-law 16-2013 

120


BY-LAW 16 OF 2013 

Being a By-law to Amend By-Law 99-2007, being a By-law to provide for 

the licensing, regulating and governing Chip Wagon in the 


WHEREAS: 

AND WHEREAS: 

THEREFORE: 

The Council for the Municipality of Lambton Shores passed By-law 

99-2007 on the 17 th day of December 2007, being “A By-law to 

provide for the licensing, regulating and governing Chip Wagon in the 

Municipality of Lambton Shores”; 

The Council of the Municipality of Lambton Shores deems it 

expedient to amend a section of By-law 99-2007; 

The Council of the Municipality of Lambton Shores enacts as follows: 

1. That Section 3.2 of By-law 99-2007 is amended by removing 

“March 1” and replacing it with “April 15”. 

READ A FIRST AND SECOND TIME THIS 11 TH DAY OF FEBRUARY, 2013. 

READ A THIRD TIME AND PASSED THIS 11 TH DAY OF FEBRUARY, 2013. 

_________________________ 


_________________________ 

CLERK – Carol McKenzie 

121

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON 

SHORES 

BY-LAW NUMBER 99 OF 2007 

Being a by-law to provide for the licensing, regulating and governing 

Chip Wagon in the Municipality of Lambton Shores 

WHEREAS the Municipal Act, 2001, C.25, S 151 states that a municipality may 

provide for a system of licenses with respect to a business, and may 151(b) 

refuse to grant a license, and 151(c) may impose conditions as a requirement of 

obtaining, continuing to hold, or renewing a license; 

AND WHEREAS the Council of the Corporation of the Municipality of Lambton 

Shores chooses to exercise its discretion to license the operation of “Chip 

Wagons” within the Municipality of Lambton Shores; 

AND WHERAS a public meeting was held on December 17, 2007 to discuss the 

proposed licensing: 

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE 

MUNICIPALITY OF LAMBTON SHORES ENACTS AS FOLLOWS: 

1. DEFINITIONS: 

In this by-law: 

“By-Law Enforcement Officer” shall mean a person duly appointed by the 

Corporation of the Municipality of Lambton Shores for the purpose of 

enforcing or carrying out the provisions of Municipal by-laws or his 

designate 

“Chip Wagon” shall mean a vehicle from which food, refreshments or 

confections are sold, that is capable of being moved, either temporarily 

mounted on blocks or supported by a conventional wheel, tire or axle 

system. 

“corner visibility triangle” means the portion of a corner lot within the 

triangular area formed by measuring 7.5 metres (25 feet) in each direction 

from the point where two property lines intersect at the street lot line 

corner; 

“Driveway” means a vehicle access provided between a street and a 

parking area/space or a loading space; 

“Driveway Visibility triangle” means the triangular area formed by 

measuring 4.5 metres (15 feet) down the driveway and 4.5 metres down 

the side lot line abutting a street. 

122

By-law 99-2007 - Chip Wagon Licensing Page 2 

“Highway” or “Street” shall include a common and public highway, street, 

avenue, boulevard, crescent, cul-de-sac, court, parkway, driveway, 

square, place, shoulder, bridge, viaduct, or trestle, or the like, any part of 

which is intended for or used by the general public for the passage of 

vehicles and includes the area between the lateral property lines thereof. 

“Municipality” shall mean the Corporation of the Municipality of Lambton 

Shores 

“Owner” shall mean the owner or operator of the Chip Wagon 

“Road Allowance” shall mean all allowances for roads, except insofar as 

they have been stopped up according to law, made by the Crown 

surveyors, all highways laid out or established under the authority of any 

statute, all roads on which public money has been expended for opening 

them or on which statute labour has been usually performed, all roads 

dedicated by the owner of the land to the public use and all alternations 

and deviations of all bridges over any such allowances for highway or 

road. 

“Roadway” means that part of the highway that is improved, designed or 

ordinarily used for vehicular traffic, but does not include the shoulder, and, 

where a highway includes two or more separate roadways, the term 

“roadway” refers to any one roadway separately and not to all of the 

roadway collectively. 

“Shoulder” means the un-travelled portion running along either side of a 

highway. 

“Site Plan” means a drawing of a site which includes all the applicable 

measurements of the Chip Wagon and the surrounding area within 100 

metres of the site and on which all buildings and structures, streets, and 

services are indicated. 

2. LICENSE REQUIRED 

2.1 No person shall, within the limits of the Municipality of Lambton 

Shores, sell refreshments from a Chip Wagon without first having obtained 

a license for that purpose. This offence is designated as a continuing 

offence, and a person who operates a Chip Wagon in violation of this 

section is liable to a minimum fine of $ 500.00 and a maximum fine of 

$10,000.00 with respect to each day or part of a day that the offence 

continues. 

2.2 No person shall operate a Chip Wagon and fail to display the license in 

a conspicuous place clearly visible to the public at all times when the Chip 

Wagon is in operation. This offence is designated as a continuing offence, 

123


and a person who operates a Chip Wagon in violation of this section is 

liable to a minimum fine of $ 100.00 and a maximum fine of $10,000.00 

with respect to each day or part of a day that the offence continues. 

2.3 No person shall operate a Chip Wagon that is not in compliance with 

the approved site plan drawing. This offence is designated as a continuing 

offence, and a person who operates a Chip Wagon in violation of this 

section is liable to a minimum fine of $ 100.00 and a maximum fine of 

$10,000.00 with respect to each day or part of a day that the offence 

continues. 

3. LIMITATIONS AND RESTRICTIONS 

3.1 Chip Wagons will not be permitted within the former Village of Grand 

Bend. 

3.2 The annual number of licenses issued to permit the operation of a 

Chip Wagon shall be limited to a maximum of six (6) with a maximum of 1 

in each of the following areas: (See Map attached as Schedule “D”) 

i) Forest 

ii) Arkona 

iii) Thedford 

iv) Port Franks/Northville 

v) Ravenswood/Ipperwash 

vi) North of the Cut Bridge 

Previous licensees will be given the first opportunity to re-apply for 

licenses, but must reapply before March 1 of each year, otherwise 

licenses will be issued on a first come, first serve basis, commencing 

March 1 of each year. If more than 1 permit application for an area is 

received simultaneously, the permit will be issued based on drawing of lots 

from the completed applications submitted. 

3.3 No Chip Wagon will be permitted to locate within 75 metres of an 

existing restaurant that meets the definition of a “Restaurant”, “Restaurant, 

Drive Through Service Facility” and “Restaurant, Fast Food” in the zoning 

by-law, unless a letter of permission is provided from the abutting 

restaurant facility owner, stating that he/she has no objection to Chip 

Wagon. 

3.4 Prior to beginning operation of a Chip Wagon on land which abuts a 

highway under the jurisdiction of the Province of Ontario, or is within the 

distance of a highway which is regulated by the Province of Ontario 

through the Ministry of Transportation, the licensee shall file with the Clerk 

written confirmation of acceptance of the intended location from the 

Ministry. 

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3.5 Notwithstanding Section 2 and 3.2 of this by-law, a Chip Wagon 

that is to be erected for a period of less than 4 days and used in 

conjunction with a special event is not subject to the requirements of this 

by-law. 

4. GENERAL REQUIREMENTS 

4.1 A Chip Wagon may only operate from a commercially zoned 

property, and must comply with the setback requirements for the zone. 

4.2 The owner of a Chip Wagon shall provide on site parking spaces in 

accordance with the zoning by-law requirements. 

4.5 No Chip Wagon shall be located: 

i) on any highway or street, road allowance, roadway or shoulder; 

ii) within a “corner visibility triangle” or a “driveway visibility triangle” 

4.6 The owner of the Chip Wagon must provide adequate trash 

receptacles at the site on which the Chip Wagon is located and shall 

maintain the site in a clean and sanitary condition at all times. 

4.7 The owner of a Chip Wagon shall ensure that washroom facilities 

are available for patrons and staff. 

5. APPLICATION FOR A LICENCE 

5.1 Every application for a Licence to operate a Chip Wagon shall be 

made on the standard application form, attached as Schedule “A” to this 

by-law, and shall include the required fee, as listed on Schedule “B” to this 

by-law. Both Schedules being attached to and forming part of this by-law. 

5.1.1 Acceptance of the license fee does not consititute approval of the 

application or obliges the Municipality to issue a license. 

5.1.2 Every fee paid under 5.1 is refundable if the license applied for is 

not granted 

5.2 Every application submitted will be accompanied by a site plan 

drawing. No license shall be granted until the site plan has been approved 

by the Municipality. The site plan is to be drawn to scale, and shall include: 

i) proposed location of unit on the property, including set 

back from property line and road allowance; 

ii) the location and number of proposed parking spaces; 

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iii) proposed access to the property from the highway; 

iv) location of trash receptacles; 

vi) and washroom facilities. 

Depending on the specifics with respect to the location, additional 

information may be required on the site plan. 

5.2.1 Before a license under this by-law is issued by the Municipality of 

Lambton Shores, the owner shall meet with By-law Enforcement Officer 

and/or Planner to review the intended site. 

5.3 The application is to include information on: 

i) fuel source; 

ii) water supply and disposal, including grey water; 

iii) grease disposal methods; and 

iv) waste disposal arrangements. 

5.4 The applicant shall include with his/her application: 

(i) A certificate from the Lambton County Community Health 

Services confirming that the Chip Wagon has passed a sanitary 

inspection under the “Ontario Regulation 562 – Food Premises 

R.R.O. 1990”, or its successor, valid for the year in which the 

permit is to be issued. 

(ii) If a propane or gas fired system is to be used, an inspection 

certificate by a Technical Standards & Safety Authority certified gas 

technician as required under the “Technical Standards and Safety 

Act” or its successor, valid for the year in which the permit is to be 

issued. 

(iii) A written statement from the applicable Fire Chief or his 

designate stating that the unit complies with the Ontario Fire Code, 

valid for the year in which the permit is to be issued. 

(iv) Proof that the owner has obtained a minimum of one million 

dollars ($1,000,000.00) liability insurance for the operation of the 

Chip Wagon, valid for the year in which the permit is to be issued. 

(v) If the Chip Wagon is located on land not owned by the Chip 

Wagon owner, a letter from the owner of the property on which the 

Chip Wagon will be situated, authorizing the applicant to conduct 

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GENERAL PROVISIONS 

such business from the property, valid for the year in which the 

permit is to be issued. 

6. The granting of a license under this by-law does not constitute permission 

for the licensee to operate in contravention of any by-law or statutory 

requirements. 

7. For the purpose of enforcement of the provisions of this by-law, the by-law 

officer may enter upon land and into buildings at any reasonable time 

without a warrant. 

8. Any license granted hereunder may be revoked at the discretion of the 

Council of the Municipality of Lambton Shores if the provisions and 

policies contained herein are not adhered to by the holder of the said 

license at all times. 

9 9.1 Every license issued pursuant to this by-law shall be valid until the 

31 st day of December in the year in which the license was issued, or until 

the said license is revoked or suspended. No refund of the license fee 

shall be paid if the license is revoked or suspended. 

9.2 A person to whom a license is granted may apply in writing to the 

Municipality for permission to have his license transferred to another 

vehicle or to another owner, and such permission will not be unreasonably 

withheld. In order to transfer a license, the current license is to be 

surrendered to the Municipality and a transfer fee paid as listed on 

Schedule “B”. 

10. Offence 

In accordance with the Municipal Act, R.S.O 2001, C.25, Section 429 of every 

person who breaches a section of this By-law is guilty of an offence and subject 

to a fine as provided in Schedule “C” attached to and forming part of this by-law. 

11. Headings Not Part of the By-law 

The headings in the body of this by-law are used for convenience or reference 

only and do not form part of the by-law. 

12. Severability 

Should any section or subsection of this by-law or any part or parts thereof be 

found by law to be illegal or beyond the power of Council to enact, such section 

or subsection of part or parts thereof shall be deemed to be severable so that the 

remainder of this by-law is separate and therefore enacted as such. 

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13. Force and Effect 

This by-law shall come into force and effect upon the final passing thereof. 

READ A FIRST AND SECOND TIME, THIS 17TH DAY OF DECEMBER, 2007. 

READ A THIRD TIME AND PASSED THIS 17 th DAY OF DECEMBER, 2007 

_____________________________ 

MAYOR – Gord Minielly 

_____________________________ 


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SCHEDULE "A" to By-Law 99-2007 

MUNICIPALITY OF LAMBTON SHORES 

APPLICATION TO OPERATE A CHIP WAGON 

New Business ___ 

Renewal ___ 

APPLICANT-BUSINESS IDENTIFICATION 

Name of Applicant(s) : 

__________________________________________ 

Name of Unit Owner (if different from above) 

________________________________________________________________ 

Address of Applicant _______________________________________________ 

Mailing Address (if different) _________________________________________ 

Town: ___________________________________________________________ 

Postal Code: _____________________________________________________ 

Telephone Number: Home ______________________________ 

Business ____________________________ 

Type of vehicle to be used: ______________________________ 

VIN Number: 

______________________________ 

Proposed location: ____________________________________ 

Owner of the property: _________________________________ 

------------------------------------------------------------------------------------------------------------ 

I/We, the registered owner(s) of the business, hereby acknowledge and certify 

that: 

I/We have read and understand the requirements of the licensing, regulating and 

governing by-law, and the information pertaining to the business license for which 

I/we have applied. 

The information contained in this application is true and complete to the best of 

my/our knowledge and that failure to provide complete or accurate information 

may delay the licensing process; 

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The issuance of a license under this by-law does not permit or condone violations 

of any by-law, statute or other regulation in effect in the Municipality, Province of 

Ontario or the Dominion of Canada, and it shall be my/our responsibility to 

ensure that such applicable legislation is complied with at all times; 

The license will be issued for a one (1) year period and all licenses shall expire 

on December 31 of each year. 

_________________________ ____________________ ____________ 

Name (please print) Signature Date 

_________________________ ____________________ ____________ 

Name (please print) Signature Date 

CHECK LIST FOR SUBMISSION WITH APPLICATION: 

NOTE: Only completed applications will be accepted. 

Please use the following checklist to ensure that all required documentation is 

attached to your application form: 

License Fee (5.1) 

Site Drawing (Section 5.2) 

Attached ____ 

Attached ____ 

Details on Fuel Source, Water Supply and Disposal, Grease Disposal 

And Waste Disposal (Section 5.3) 

Attached ____ 

Lambton County Community Health Services Inspection Report 

(Section 5.4.i) 

Current Propane/Gas Inspection by Certified Gas Technicians 

(Section 5.4.ii) 

Fire Department Inspection Report (Section 5.4.iii) 

Proof of Liability Insurance Coverage (5.4.iv) 

If land not owned by the Chip Wagon owner, a letter from 

the owner of the property authorizing the applicant to 

conduct such business from the property. 

(If required Section 5.4.v) 

Letter of Compliance – Ministry of Transportation 

(If required – Section 3.4) 

Attached ____ 

Attached ____ 

Attached ____ 

Attached ____ 

Attached ___ 

Attached ___ 

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SCHEDULE “B” 

License Fees: 

The annual license fee for a Chip Wagon: $ 500.00 

Fee to transfer license: $ 25.00 

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SCHEDULE “C” 

Proposed Fine: (for each day the infraction occurs) 

Operate a Chip Wagon without obtaining a license $ 500.00 

Fail to display the license when the Chip Wagon 

is in operation $ 100.00 

Operate a Chip Wagon not in compliance 

with the approved site drawing $ 100.00 

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Schedule “D” to By-law 99 of 2007 

1. Forest – The Former Town of Forest; 

2. Arkona – The Former Village of Arkona, plus both sides of Rock Glen 

Road, and that area annexed from the Township of Warwick 

3. Thedford – The Former Village of Thedford 

4. Port Franks –Northville – The area comprised of the lands bounded by 

Outer Drive, both sides of Highway 21 (Lakeshore Road), Ausable River 

Cut, and Lake Huron. 

5. Ravenswood/Ipperwash - The area comprised of the lands bounded by 

West Ipperwash Road, both sides of Highway 21 (Lakeshore Road), 

Army Camp Road, and Lake Huron. 

6. North of the Ausable Cut Bridge – The area comprised of the lands 

bounded by The Ausable River cut, both sides of Highway 21 

(Lakeshore Road), the limits of the former Village of Grand Bend and 

Lake Huron. 

133


CL Report No. 13-2013 Monday, February 4, 2013 

TO: 

FROM: 

RE: 



Charity Donation Boxes 



REPORT 

At the Council meeting held the 14 th 

passed: 

day of January, the following resolution was 

13-0114-37 That staff be directed to prepare a strategy/protocol to 

regulate/manage the location of charitable donation boxes 

throughout the Municipality. 

Carried 

BACKGROUND: 

Charitable “donation” boxes have been part of most communities for many years, and 

traditionally, were for national organizations such as the Salvation Army, the Goodwill or 

the Canadian Diabetes Association. More recently, local charitable groups, such as the 

Society of St. Vincent De Paul and “Blessings Community Store” have been utilizing 

donation boxes to collect clothing and smaller household items to sell at their 

community stores. 

From the residents’ point of view, the donation boxes provide an avenue to dispose of 

unwanted items free of charge, and in an “environmentally friendly manner, while 

supporting charitable organizations. From the charities perspective, the funds realized 

from the sale of the donated items are used to fund programs and improve the lives of 

clients. 

Recently, communities are finding that goods being collected in some bins in the 

community are not going to support registered charities, but are "in support of local 

charities." In some of these situations, bone fide charities are receiving a fee from the 

proceeds, but in other cases, the bins are funding private businesses with little or no 

connections to charities. According to a recent CBC article “Independent drivers are 

paid by collection companies to pick up the donations. The collection companies pay 

the drivers by the pound and in turn sell the clothes at a profit to bulk buyers, who then 

134

often resell it to for-profit thrift stores and buyers in the Third World. “This may seem like 

a minor issue; however according to the article “in 2010, Canadian exports of worn 

clothes were valued at $174 million. Ontario's share of that market is over $132 million.” 

Lambton Shores – Current Regulations: 

Lambton Shores does not regulate or license “charity donation boxes” primarily due to 

the fact they are usually located on private property, and until recently, there haven’t 

been complaints received. There are provisions in the Property Standards By-law to 

ensure that the area around the boxes is maintained in a neat and tidy manner, and the 

streets by-law would restrict the placement of a box in a manner that would interfere 

with visibility; however a license or special permission is not required to place a bin. 

I have contact other municipalities in Ontario to determine what regulations they have in 

place to regulate community donation boxes, and found that most municipalities do not 

have any regulations. 

The following is the information received from municipalities that did have or were 

contemplating regulations: 

The City of Hamilton does not allow boxes on municipal property or road allowances, 

and will remove any boxes on public properties. 

The City of Hamilton Planning department undertook a review of the issues, and the 

report noted that of the municipalities they surveyed, only 3 had licensing/permit 

requirements: 

Brampton was in the process of removing donation boxes from their by-law 

as operators are registered charities which are exempt from the licensing 

requirements and there are no other operators to regulate; 

Toronto requires licenses for donation boxes except for those being 

operated by a charitable organization. The (2012) fees include an initial 

license fee of $488.31, and $206.98 for renewals as well as a $60 permit 

fee for each box location. However, no licenses have been issued to-date 

although one application has been submitted for processing. Toronto has 

indicated that requiring licenses for donation boxes has not provided any 

assistance in keeping the area around donation boxes clean and they still 

have challenges with unlicensed/un-permitted boxes on City and private 

property. Toronto staff is reviewing their by-law and expect to report back 

to their Licensing and Standards Committee in October, 2012 on the 

feasibility of banning all boxes, or expanding licensing to include all boxes 

with no exemptions for registered charities; (no further information was 

available as to the status of the Toronto licenses) 

135

Vaughan prohibits all donation boxes, except those operated by charities, 

but they are currently considering allowing all donation boxes. Vaughan 

also indicated that their fee of $50 per box/per location and $25 

administration fee will have to be greatly increased as currently it does not 

cover their administration costs. 

The final recommendation to Council in the Hamilton report was not to enact a ban on 

the boxes, as it would negatively affect bone fide charities, and the report also outlined 

the difficulties (and legalities) of enacting regulations that allowed only boxes operated 

by registered charitable organization. The recommendation was opted for an 

educational and awareness campaign to advise residents of the fact that not all 

proceeds from all boxes were going to charities, and also sending a letter to property 

owners with boxes, outlying their responsibilities with respect to property management. 

The concern in the City of Hamilton with respect to illegal dumping was being 

addressed by additional monitoring and enforcement. 

The Town of Milton has amended its Zoning by-law to include regulations for clothing 

donation boxes. The regulations are as follows: 

4.19.6 Clothing Donation Box 

A clothing donation box for a registered non-profit corporation with 

government approved official charitable status may be located in all 

Commercial, Employment, and Institutional Zones provided that: 

i) The donation box shall not be located in a required landscape 

buffer or required parking or loading space; 

ii) The donation box shall not exceed 4 sq.m. in area or 2.15 m in 

height 

iii) The donation box shall not obstruct a pedestrian walkway, and; 

iv) The donation box shall not create a visual obstruction for a 

driveway entrance or exit 

The City of Oakville also researched the issue of Charitable Donation Boxes and 

Council adopted the recommendation against licensing, due to the cost of the program 

(they estimated that that the administration fee would be $240.00 per year which would 

be financially prohibitive for charities) and due to the limited number of complaints 

received. 

Recommendations for Lambton Shores 

Based on the comments from the other municipalities that have implemented or 

researched the implementation of a licensing program, and the need to ensure any 

initiative does not negatively affect bone fide charities, it may be advantageous to start 

with an education program. 

136

An “Education and Awareness program” pertaining to “Charity Donation Boxes” could 

be developed to make residents aware that donation boxes are not always operated by 

charitable organizations and to encouraged residents to investigate the “charity” listed 

on the box to ensure that the group is a bone fide charity, and that the donations are 

going where he/she wants them to go. 

Information could be provided on ”Charity Intelligence”, an organization that does 

research and analysis on Canadian charities can help donors make informed donation 

decisions, and that the status of a charity could be confirmed by checking the listing on 

the Canada Revenue Agency website. 

This information can be provided in the “Living in Lambton Shores” advertisements, and 

in the next tax installment newsletter, as well as on the website. The cost for this 

program would be negligible, and would bring awareness to an issue that many people 

are not aware of. 

In addition, private property owners hosting an existing “donation box” would be advised 

of the “property standards” and other regulation with respect to the boxes. 

It would also be recommended that a policy be drafted to prohibit the placement of 

charity donation boxes on municipal properties, including road allowances, and 

authorizing staff to remove any boxes placed on municipal property without permission. 



Clerk 

137


CL Report No. 12-2013 Monday, February 4, 2013 

TO: 

FROM: 

RE: 



Report from the Office of the Ombudsman - Re: In Camera Meeting 

November 13, 2012 



REPORT 

Attached is a report from the Office of the Ombudsman regarding the closed meeting 

held by the Municipality of Lambton Shores Council on November 13, 2012. 

The correspondence from the Ombudsman outlines the gist of the complaints received, 

information considered during the review and the findings of the “Open Meeting Law 

Enforcement Team”. 

The Office of the Ombudsman has communicated the outcome of the review to the 

complainants, and has requested that the report be included in the Council agenda to 

provide the informaiotn to the public. 

Respectfully submitted 


Clerk 

138

139

140

141

142


BY-LAW NUMBER 18 of 2013 

A By-law of the Corporation of the Municipality of Lambton Shores 

to confirm the proceedings of Council which were adopted 

up to and including February 11, 2013 

WHEREAS: 

It has been expedient that from time to time, the Council of the 

Corporation of the Municipality of Lambton Shores should act by 

resolution of Council; 

AND WHEREAS: 

It is deemed advisable that all such actions that have been adopted by 

a resolution of the Council be authorized by By-law; 

THEREFORE: 

The Council of the Corporation of the Municipality of Lambton Shores 

enacts as follows; 

THAT all actions of Council which have been authorized by a resolution of the Council and 

adopted in open Council and accepted by Council up to and including February 11, 2013 

be hereby confirmed; and 

THAT the Mayor and the proper officials of the Municipality of Lambton Shores are hereby 

authorized and directed to do all things necessary to give effect to the approved actions or to 

obtain approvals where required, and to execute all documents as may be necessary in that 

behalf and the Clerk is hereby authorized and directed to affix the Corporate Seal to all such 

documents. 

THAT any pecuniary interest declared during any Council meeting or Committee meeting is 

deemed to be in force and the same as though repeated in this by-law; 

THAT THIS BY-LAW is read a FIRST, SECOND and THIRD time and finally passed 


_________________________ 


_________________________ 


143

Economic Development 

Committee 

Preliminary Council Input 


144

Economic Development Committee 

TIME FRAMES 

February 13, 2013 – Deadline for applications 

February 14, 2013 – Selection committee meets to select 

members – guided by EDTF recommendations 

February 15, 2013 – Applicants are informed 

February 20, 2013 – Members meet for introductory 

meeting 

1. Introductions / confirm meeting times 

2. Provide reference materials 

3. Introduce outline and provide questions to ponder 

4. Provide answers to committee questions 

145


FUNDAMENTALS: 

MEMBERS - What experience, strengths & assets do 

you bring to the EDC discussions? Do we have 

everyone we need on this committee to succeed? 

CEDPI Questions – Committee members complete 

online survey. 

PARTNERSHIPS – At all times we must maximize our 

relationships with SLEP, TSL, SLBDC, Research Park, 

Lambton College, Industrial Valley, Forest BIA, Grand 

Bend Chamber, Lambton County, Municipal Affairs & 

Housing, etc.? (refer to websites & EDTF minutes) 

146


REFERENCE MATERIALS including: 

1. Terms of Reference (h) 

2. Economic Development Task Force (EDTF) Minutes (e) 

3. Economic Development Task Force (EDTF) Report (h) 

4. Two EDTF Surveys - General & Entrepreneurial (e) 

5. Sample Economic Development Plans (h) 

6. 2006 Strategic Plan feedback (h) 

7. SLEP recommendations (h) 

8. Small Towns, Big Ideas: Case Studies in Small Town 

Community Economic Development (e) 

147


COMPONENTS for SUCCESS 

FOCUS - What target audience should we be focusing our 

attention on? 

MARKETING - What promotional tools are required to be 

most effective at championing our assets? What steps 

need to be taken to secure these promotional tools? 

MARKETING - What improvements can be made on the 

website to augment economic development? 

INFRASTRUCTURE - What infrastructure or physical assets 

are needed? What criteria do we apply to expansion of 

infrastructure? 

OTHER RESOURCES - What resources are Lambton Shores 

missing for empowering economic 148 development?


FINANCIAL SUPPORT 

Other than the municipality of Lambton Shores, what 

other funding options do we have? 

1. What are the grant sources? Provincial and federal 

governments? 

2. What partnership opportunities are there? County? 

Private? Aboriginal? International? 

149


ACTION PLAN 

1. What are the EDC’s short term & long term 

recommendations for LS? (Utilizing “dot-mocracy” 

approach) 

2. Brief council on recommendations and secure 

feedback 

3. Assign tasks & implement Action Plan (achievable 

and measurable – one month increments) 

4. Keep all stakeholders informed. 

150


QUESTIONS for COUNCIL 

1. Acceptable approach? Add or eliminate? 

2. Time frame expectations? 

3. Approval of members of the Selection Committee? 

4. Committee member remuneration? 

151

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