26.04.2014 Views

View - The Municipality of Lambton Shores

View - The Municipality of Lambton Shores

View - The Municipality of Lambton Shores

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />

Regular Meeting <strong>of</strong> Council<br />

Meeting Number: 30-2012<br />

Date <strong>of</strong> Meeting: Monday, November 19, 2012<br />

Time:<br />

Place <strong>of</strong> Meeting:<br />

07:00 p.m.<br />

<strong>The</strong> Legacy, <strong>The</strong>dford<br />

AGENDA<br />

Pages<br />

1. Call to Order<br />

2. Declaration <strong>of</strong> Pecuniary or Conflict <strong>of</strong> Interest<br />

3. Confidential Business - <strong>The</strong> Closed Session <strong>of</strong> Council will be<br />

held at the conclusion <strong>of</strong> the open session.<br />

3.1 Closed Session Minutes - November 5, 2012<br />

3.2 CL Report No. 137-2012 - Re: Status Update - Resolution Tracker<br />

to November 5, 2012<br />

3.3 Discussion - Re: Personal Matter about an Identifiable Individual<br />

(Authorization to Close - Section 239 (2) b <strong>of</strong> the Municipal Act)<br />

4. Consent Agenda<br />

4.1 Information on Standard <strong>of</strong> Care - Safe Drinking Water Act 1 - 1<br />

4.2 Correspondence from Jackie & Tom Collings - Re: Concerns with<br />

the Sewage Treatment Facility<br />

4.3 CL Report No. 139-2012 - Re: Applications to be heard by the<br />

Committee <strong>of</strong> Adjustment on November 22, 2012<br />

4.4 Correspondence from Jane Bryce, <strong>Lambton</strong> Kent District School<br />

Board - Re: Pupil Accommodation Report for 2012 - Report<br />

available upon request.<br />

2 - 2<br />

3 - 4<br />

5 - 5<br />

5. Confirmation <strong>of</strong> Minutes from Previous Meetings<br />

5.1 Regular Council Meeting - November 5, 2012 6 - 19<br />

5.2 Regular Council Meeting - November 13, 2012 20 - 23<br />

6. Delegations, Public Meetings & Presentations<br />

6.1 7:05 p.m. - Karen Kelly-White - Re: Request that New Criteria be<br />

Added for Industrial Wind Turbine Permits<br />

24 - 28


7. Correspondence & Petitions<br />

7.1 Carolyn Langley, Clerk - Township <strong>of</strong> West Lincoln - Re: Support<br />

<strong>of</strong> Request for Moratorium on Industrial Wind Turbines until<br />

Health Canada Study Completed & Recommendations<br />

Implementd<br />

7.2 Carolyn Langley, Clerk - Township <strong>of</strong> West Lincoln - Re: Support<br />

for Request for Moratorium on Industrial Wind Trubines until<br />

Studies Undertaken regarding Impacts on Livestock & Agricultural<br />

Industry<br />

7.3 Carolyn Langley, Clerk - Township <strong>of</strong> West Lincoln - Re: Support<br />

<strong>of</strong> Request for Expansion <strong>of</strong> Scope <strong>of</strong> Health Canada Study<br />

Relating to Wind Turbines<br />

29 - 30<br />

31 - 32<br />

33 - 33<br />

8. Consideration <strong>of</strong> Committee Minutes and Staff Reports<br />

Planning<br />

8.1 Pl Report No. 38-2012 - Re: Official Plan Amendment OP-<br />

05/2012 & Zoning By-law Amendment ZO-09/2012 for Brad<br />

Zantingh Ltd. - 8903 Northville Road<br />

8.2 PL Report No. 39-2012 - Re: Severance Agreement between<br />

Bradley C. Oke Developments Inc. & the Corporation <strong>of</strong> the<br />

Municpality <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> - Consent Applications B-15/2012<br />

34 - 64<br />

65 - 81<br />

Community Services<br />

8.3 D.C.S. Report No. 110-2012 - Re: Carillion Agreement for<br />

Connecting Links through Forest and Grand Bend<br />

82 - 88<br />

Finance & Administration<br />

8.4 TR Report No. 69-2012 - Re: Draft Year to Date Operating and<br />

Capital Statements for the period ending October 31, 2012<br />

8.5 CL Report No. 138-2012 - Re: Industrial Wind Turbines -<br />

Information Report<br />

89 - 99<br />

100 - 143<br />

9. By-laws & Resolutions<br />

9.1 By-law 123-2012 - Re: Authorize Agreement with Carillion<br />

Canada Inc. - See D.C.S. Report No. 110-2012<br />

9.2 By-law 124-2012 - Re: Severance Agreement with Bradley C. Oke<br />

Developments Inc. - See Pl Report No. 39-2012<br />

9.3 By-law 125-2012 - Re: Official Plan Amendment No. 35 for Brad<br />

Zantingh Ltd.<br />

9.4 By-law 126-2012 - Re: Zone Amendment for Brad Zantingh Ltd.<br />

9.5 By-law 127-2012 - Re: Confirming Resolutions to Date 144 - 144


10. Accounts<br />

10.1 TR Report No. 68-2012 - Re: October, 2012 Cheque Listing 145 - 149<br />

11. Notice <strong>of</strong> Motion<br />

12. New Business<br />

13. Councillor Reports<br />

14. Opportunity for the Public to Seek Clarification<br />

15. Adjourn


Attention:<br />

Board Chairs and Members<br />

Lake Huron & Elgin Area Water Supply Systems<br />

<strong>The</strong> Walkerton Clean Water Centre is <strong>of</strong>fering two public sessions <strong>of</strong> the following course developed by<br />

the Ontario Ministry <strong>of</strong> the Environment and the Walkerton Clean Water Centre with significant<br />

guidance and input from an Advisory Group <strong>of</strong> municipal councillors and mayors:<br />

STANDARD OF CARE – SAFE DRINKING WATER ACT (0.3 CEUs)<br />

December 4 in Hamilton<br />

December 12 in London<br />

Duration: 3 hours (1 to 4 p.m.)<br />

Fee: $150 + HST<br />

Location details and to register: https://www.wcwc.ca/en/training/scheduled-courses/<br />

This course informs mayors, councillors and municipal <strong>of</strong>ficials <strong>of</strong> their oversight responsibilities under<br />

Section 10 <strong>of</strong> the Safe Drinking Water Act, which comes into effect on December 31, 2012.<br />

To discuss hosting an on-site delivery <strong>of</strong> this course for your municipality, please feel free to contact<br />

Corinne Louther at the Walkerton Clean Water Centre (1-866-515-0550 or clouther@wcwc.ca).<br />

1


THE MUNICIPALITY OF LAMBTON SHORES<br />

CL Report No. 139-2012 Thursday, November 15, 2012<br />

TO:<br />

FROM:<br />

RE:<br />

Mayor Weber and Members <strong>of</strong> Council<br />

Carol McKenzie, Clerk<br />

Applications to be heard by the Committee <strong>of</strong> Adjustment on November<br />

22, 2012<br />

RECOMMENDATION:<br />

For information only.<br />

REPORT<br />

<strong>The</strong> Committee <strong>of</strong> Adjustment will meet on Thursday, November 22, 2012 to hear the<br />

following applications:<br />

Walden & Walden, Agent for Joseph & Daniel Lacey – Consent Application B-<br />

17/2012<br />

An application for consent has been made by Walden & Walden, Agent for Joseph and<br />

Daniel Lacey, for the lands described as Part Lot 5, Concession 8 NER Warwick, 6443<br />

Townsend Line, requesting permission to sever a 0.8 hectare (2 acres) parcel <strong>of</strong> land<br />

with a frontage <strong>of</strong> 68.8 metres (226 feet). <strong>The</strong> retained parcel will have a total lot area<br />

<strong>of</strong> 18.8 hectares (46.4 acres) with a frontage <strong>of</strong> 70 metres (230 feet). Both lots will front<br />

onto Townsend Line. This severance will allow the creation <strong>of</strong> a new non-farm dwelling<br />

lot for the existing dwelling and barn which is surplus to the Applicant’s farming<br />

operation as the result <strong>of</strong> a farm consolidation. <strong>The</strong> lands were the subject <strong>of</strong> an Official<br />

Plan (OP-03/2012) and Zoning By-law (ZO-07/2012) Amendment that were approved<br />

by <strong>Lambton</strong> <strong>Shores</strong> Council.<br />

Aaron Lucas Design, Agent for James McConnell – Minor Variance Application A-<br />

17/2012<br />

Mr. Lucas, Agent for the Applicant, is requesting approval <strong>of</strong> a minor variance from the<br />

provisions <strong>of</strong> Zoning By-law 1 <strong>of</strong> 2003 as they relate to lands known as 9668 Rawlings<br />

Road, Ipperwash, to permit a new single family dwelling that will:<br />

a) provide a minimum side yard setback <strong>of</strong> 1.8 metres whereas the By-law requires<br />

a minimum setback <strong>of</strong> 2 metres.<br />

b) provide a minimum rear yard setback <strong>of</strong> 3.9 metres (from the foundation)<br />

whereas the By-law requires a minimum setback <strong>of</strong> 7.5 metres.<br />

c) allow a second storey balcony to be located 2.28 metres from the rear lot line<br />

whereas the By-law would allow a second storey balcony to project to within 5.5<br />

metres from the rear lot line.<br />

d) provide a minimum front yard setback 3 <strong>of</strong> 5.38 metres whereas the By-law


equires a setback <strong>of</strong> 7.5 metres.<br />

This application was heard by the Committee in October and was tabled in order for the<br />

Applicant to possibly reposition the proposed dwelling in order to alleviate the concerns<br />

<strong>of</strong> the adjoining neighbors. Mr. Lucas has now asked that the application be brought<br />

back to the Committee.<br />

If you have any questions or would like more information on the applications, please<br />

contact Jackie Mason at the Forest Office.<br />

Respectfully submitted,<br />

Carol McKenzie<br />

Clerk<br />

Report prepared by Jackie Mason, D/Secretary <strong>of</strong> the Committee <strong>of</strong> Adjustment<br />

4


THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />

Date <strong>of</strong> Meeting: November 5, 2012<br />

Regular Council Meeting<br />

Members Present: Mayor Bill Weber<br />

Deputy Mayor Elizabeth Davis-Dagg<br />

Councillor Dave Maguire<br />

Councillor Doug Bonesteel<br />

Councillor Lorie Scott<br />

Councillor Martin Underwood<br />

Councillor Doug Cook<br />

Councillor John Russell<br />

Staff Present:<br />

C.A.O. John Byrne<br />

Clerk Carol McKenzie<br />

Treasurer Janet Ferguson<br />

Director <strong>of</strong> Community Services Brent Kittmer<br />

Planner Patti Richardson<br />

Administrative Assistant Roberta Brandon<br />

1. CALL TO ORDER<br />

Mayor Weber called the meeting to order at 6:15 p.m.<br />

2. DECLARATION OF PECUNIARY OR CONFLICT OF INTEREST<br />

<strong>The</strong> Mayor asked members <strong>of</strong> Council to declare any pecuniary or conflict <strong>of</strong> interest<br />

that they may have and Deputy Mayor Davis-Dagg declared a conflict with Items #7.4<br />

and #8.6 dealing with wind turbines.<br />

3. CONFIDENTIAL<br />

12-1105-01 Moved by: Councillor Scott<br />

Seconded by: Deputy Mayor Davis-Dagg<br />

That the Council meeting goes into a “Closed Session” at 6:15 p.m.<br />

to discuss Closed Session minutes and a matter under Section 239<br />

(2) c <strong>of</strong> the Municipal Act. Carried<br />

Council rose from the “Closed Session” at 6::48 p.m. and made the following resolution:<br />

12-1105-02 Moved by: Councillor Cook<br />

Seconded by: Councillor Russell<br />

That a purchase price <strong>of</strong> $1,000.00 per acre be set for the<br />

unopened Pro<strong>of</strong> Line Road Allowance, plus all costs associated<br />

6


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

with the transfer and that these costs be conveyed to the residednts<br />

interested in acquiring the land.<br />

Carried<br />

4. CONSENT AGENDA<br />

Council reviewed those items listed as part <strong>of</strong> the Consent Agenda.<br />

12-1105-03 Moved by: Councillor Bonesteel<br />

Seconded by: Deputy Mayor Davis-Dagg<br />

That the following items on the consent agenda be received and<br />

filed:<br />

4.1 Minutes <strong>of</strong> the Forest Business Improvement Area Meeting<br />

held September 20, 2012<br />

4.2 CL Report No. 130-2012 – Re: Applications heard by the<br />

Committee <strong>of</strong> Adjustment on October 25, 2012. Carried<br />

5. CONFIRMATION OF MINUTES FROM PREVIOUS MEETINGS<br />

5.1 Regular Council Meeting – October 9, 2012<br />

5.2 Regular Council Meeting – October 15, 2012<br />

<strong>The</strong> minutes <strong>of</strong> the regular Council meetings held the 9th and 15th day <strong>of</strong> October, 2012<br />

were reviewed.<br />

12-1105-04 Moved by: Councillor Cook<br />

Seconded by: Councillor Scott<br />

That the minutes <strong>of</strong> the October 9th and October 15th, 2012<br />

Council meetings be accepted as amended. Carried<br />

<strong>The</strong> order <strong>of</strong> the agenda was amended to accommodate the scheduled delegation and<br />

public meeting.<br />

7. CORRESPONDENCE & PETITIONS<br />

Correspondence – Receive and File<br />

7.1 Ed Fluter – Re: Appreciation to Municipal Staff for Erecting Snow Fencing<br />

in Grand Bend<br />

7.2 Ross Lashbrook, Manager (A) <strong>of</strong> Environmental Assessment Services<br />

Section – Ministry <strong>of</strong> Environment – Re: Change to the Grand Bend Area<br />

Sewage Treatment Facility<br />

7.3 Robert & Pamela Harbottle – Re: $1,800.00 for <strong>Lambton</strong> <strong>Shores</strong> Water<br />

7.4 Steve Walker – Re: Opposition to Pending Nextera Wind Turbines<br />

Council reviewed those items <strong>of</strong> correspondence numbered 7.1 – 7.4.<br />

7


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

12-1105-05 Moved by: Councillor Maguire<br />

Seconded by: Councillor Underwood<br />

That correspondence items numbered 7.1, 7.2, 7.3 and 7.4 be<br />

received and filed.<br />

Carried<br />

Correspondence – For Council Direction<br />

7.5 Pine Tree Estates Subdivision Committee – Re: Requests for Road Repairs<br />

to Vance Drive and Street Light at the Intersection <strong>of</strong> Vance Drive &<br />

Lakeshore Road<br />

Council reviewed correspondence from the residents <strong>of</strong> Pine Tree Estates Subdivision<br />

Committee requesting the reconstruction <strong>of</strong> Vance Drive and a street light at the corner<br />

<strong>of</strong> Lakeshore Road and Vance Drive.<br />

12-1105-06 Moved by: Councillor Russell<br />

Seconded by: Councillor Scott<br />

That a request for reconstruction <strong>of</strong> Vance Drive be referred to the<br />

2013 Budget deliberations for consideration and that the request for<br />

a street light at the corners <strong>of</strong> Vance Drive and Lakeshore Road be<br />

referred to the County <strong>of</strong> <strong>Lambton</strong>.<br />

Carried<br />

12-1105-07 Moved by: Deputy Mayor Davis-Dagg<br />

Seconded by: Councillor Scott<br />

That those residents <strong>of</strong> the Pine Tree Estates Subdivision be<br />

advised that the <strong>Municipality</strong> will perform its due diligence in dealing<br />

with the contractor who is responsible for the upgrades to Vance<br />

Drive.<br />

Carried<br />

6. DELEGATIONS, PUBLIC MEETINGS & PRESENTATIONS<br />

6.1 Joel Speake – Re: Port Franks River Issues<br />

Joel Speake and Bob Vowels appeared before Council to discuss the issues <strong>of</strong> safety<br />

for residents and tourists boating down the Ausable River in Port Franks and the<br />

condition <strong>of</strong> the river mouth at the lake and how the <strong>Municipality</strong> intended to address<br />

these concerns.<br />

Possible solutions were discussed and the limited authority the <strong>Municipality</strong> has over<br />

the river as it is a navigable waterway under the jurisdiction <strong>of</strong> both the Federal and<br />

Provincial governments and their respective regulating agencies, the Department <strong>of</strong><br />

Oceans and Fishers and the Ministry <strong>of</strong> Natural Resources.<br />

It was noted that staff is preparing the report on this issue for the December 3 rd meeting,<br />

as per Council’s instructions.<br />

8


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

6.2 Public Meeting for an Official Plan Amendment Application OP-05/2012 &<br />

Zoning By-law Amendment Application ZO-09/2012 for Brad Zantingh Ltd. –<br />

8903 Northville Road<br />

12-11-05-08 Moved by: Councillor Scott<br />

Seconded by: Councillor Cook<br />

That the Council meeting adjourns at 7:32 p.m. for a public meeting<br />

held under the Planning Act to hear applications for a Zoning Bylaw<br />

and Official Plan Amendment submitted by Brad Zantingh Ltd.<br />

for property located at 8903 Northville Road. Carried<br />

<strong>The</strong> Planner Patti Richardson gave a summary for the application <strong>of</strong> both a Zoning and<br />

Official Plan application to allow the creation <strong>of</strong> a non-farm dwelling lot for a dwelling<br />

that is surplus to a farming operation as a result <strong>of</strong> a farm consolidation.<br />

<strong>The</strong>re were no questions from Council or the audience.<br />

12-1105-09 Moved by: Councillor Scott<br />

Seconded by: Councillor Underwood<br />

That the public meeting adjourns and the regular Council meeting<br />

reconvenes at 7:39 p.m.<br />

Carried<br />

12-1105-10 Moved by: Councillor Cook<br />

Seconded by: Councillor Underwood<br />

That Official Plan Amendment Application OP-05/2012 submitted<br />

by Brad Zantingh Ltd. requesting an amendment to the <strong>Lambton</strong><br />

<strong>Shores</strong> Official Plan as it relates to lands known as 8903 Northville<br />

Road, to allow the creation <strong>of</strong> a new non-farm dwelling lot for a<br />

dwelling which is surplus to a farming operation as result <strong>of</strong> a farm<br />

consolidation be APPROVED subject to the amendment containing<br />

provisions which do not permit a surplus dwelling lot to be created<br />

until:<br />

i) the animal operation existing in the existing barns on the<br />

property is discontinued: and<br />

ii)<br />

the manure storage is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

That Zoning By-law Amendment Application ZO-09/2012, submitted<br />

by Brad Zantingh Ltd., requesting an amendment to the <strong>Lambton</strong><br />

<strong>Shores</strong> Zoning By-law 1 <strong>of</strong> 2003 as it relates to lands known as<br />

8903 Northville Road to to allow the creation <strong>of</strong> a new non-farm<br />

dwelling lot for a dwelling which is surplus to a farming operation as<br />

9


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

result <strong>of</strong> a farm consolidation be APPROVED subject to the new<br />

zoning on the property:<br />

a) prohibiting the construction <strong>of</strong> a new dwelling on the<br />

remnant farm parcel after the severance <strong>of</strong> the surplus<br />

dwelling;<br />

b) allowing the remnant farm parcel to have a lot area <strong>of</strong> 29.3<br />

hectares (72.4 acres); and<br />

c) prohibiting animal operations from being located in the in<br />

the existing agricultural buildings on the remnant farm<br />

parcel; and<br />

d) prohibiting the creation <strong>of</strong> a surplus farm dwelling lot until:<br />

i) the animal operation existing in the existing barns on<br />

the property is discontinued:<br />

ii) the manure storage on the property is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

Carried<br />

Planner Patti Richardson advised the by-laws to implement the decision will be<br />

prepared for the next meeting.<br />

7.6 Bill MacDonald, President – Windsor Park Association – Re: Dangerous<br />

Situation at the Mount <strong>of</strong> the Ausable River<br />

Correspondence from Bill MacDonald, President <strong>of</strong> the Windsor Park Association<br />

regarding an unsafe situation occurring along the Windsor Park beach caused by the<br />

conditions at the river mouth.<br />

12-1105-11 Moved by: Councillor Bonesteel<br />

Seconded by: Deputy Mayor Davis-Dagg<br />

That concerns expressed by the Windsor Park Association<br />

regarding conditions at the river mouth in Port Franks be referred to<br />

staff and Councillors Scott and Russell for resolution. Carried<br />

7.7 Sharon Weitzel per the <strong>Lambton</strong> <strong>Shores</strong> Community Association – Re:<br />

Capital Costs for the Grand Bend Area Sewage Treatment Facility<br />

Council reviewed correspondence from Sharon Weitzel on behalf <strong>of</strong> the <strong>Lambton</strong><br />

<strong>Shores</strong>’ Community Association regarding the capital costs for the Grand Bend Area<br />

Sewage Treatment and noted that a discussion on this issue was premature at this time<br />

as the final costs are not known for this facility.<br />

12-1105-12 Moved by: Councillor Bonesteel<br />

Seconded by: Councillor Russell<br />

10


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

That correspondence from Sharon Weitzel per the <strong>Lambton</strong> <strong>Shores</strong><br />

Community Association regarding the capital costs for the Grand<br />

Bend Area Sewage Treatment Facility be received. Carried<br />

8. CONSIDERATION OF COMMITTEE MINUTES AND STAFF REPORTS<br />

8.1 Minutes <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Fire Board Meeting held October 18, 2012<br />

Councillor Cook updated Council on the October 18th meeting <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong><br />

Fire Board where the costs for a new pumper for the Forest Fire Department was<br />

discussed as well as the options available to the <strong>Municipality</strong> to fund this cost.<br />

12-1105-13 Moved by: Councillor Cook<br />

Seconded by: Councillor Underwood<br />

That the minutes <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Fire Board and the<br />

recommendations contained therein from the meeting held the 18th<br />

day <strong>of</strong> October, 2012 be accepted as presented. Carried<br />

Corporate and Strategic<br />

8.2 C.A.O. Report No. 72-2012 – Re: Public Private Partnerships<br />

A brief discussion took place on C.A.O. Report No. 72-2012 regarding public/private<br />

partnerships with Council consent to refer this report to the November 13th, 2012<br />

Strategic Plan meeting.<br />

12-1105-14 Moved by:Councillor Bonesteel<br />

Seconded by: Councillor Russell<br />

That C.A.O. Report No. 72-2012 regarding public/private<br />

partnerships be referred to the November 13, 2012 Strategic Plan<br />

meeting.<br />

Carried<br />

8.3 C.A.O. Report No. 74-2012 – Re: 2013 Operating & Capital Budgets –<br />

Guidance & Direction<br />

C.A.O. Report No. 74-2012 provided information on a number <strong>of</strong> issues that will impact<br />

the 2013 budget process and the need to discuss these issues to assist staff in<br />

preparing the DRAFT Operating and Capital budgets.<br />

12-1105-15 Moved by: Councillor Russell<br />

Seconded by: Councillor Underwood<br />

That the 2013 DRAFT budget be prepared with a 2% increase over<br />

the 2012 dollar amount.<br />

Carried<br />

8.4 C.A.O. Report No. 75-2012 – Re: Lease Renewal “King Street Parking Lot”<br />

(59 Main Street) Grand Bend<br />

11


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

A copy <strong>of</strong> the lease agreement for a vacant piece <strong>of</strong> land at 59 Main Street in Grand<br />

Bend for the use as a municipal parking lot was included with C.A.O. Report No.75-<br />

2012 for Council’s approval.<br />

Planning<br />

12-1105-16 Moved by: Deputy Mayor Davis-Dagg<br />

Seconded by: Councillor Bonesteel<br />

That C.A.O. Report No. 75-2012 be approved; and further<br />

That the lease agreement with 1655659 Ontario Inc. for the use <strong>of</strong><br />

property located at 59 Main Street, Grand Bend as a Municipal<br />

parking lot be approved; and further<br />

That By-law 121-2012 authorizing the Mayor and Clerk to sign the<br />

associated lease agreement be approved.<br />

Carried<br />

8.5 PL Report No. 35-2012 – Re: Development Related Connections to Rural<br />

Waterlines<br />

Information was provided in PL Report No. 35-2012 on the requirement for all new lots<br />

created to connect to available municipal services and this report was recommended for<br />

Council discussion and direction.<br />

12-1105-17 Moved by: Deputy Mayor Davis-Dagg<br />

Seconded by: Councillor Cook<br />

That PL Report No. 35-2012 be tabled until information from the<br />

rural residents is obtained so that all perspectives can be<br />

considered.<br />

Carried<br />

8.6 PL Report No. 36-2012 – Re Suncor Energy Cedar Point Wind Power Project<br />

Municipal Consultation Form and Municipal Consultation Package<br />

Further to the proposed Suncor Energy Cedar Point Wind Power Project the Planner<br />

noted that the company had submitted to the <strong>Municipality</strong> the Provincially required<br />

“Municipal Consultation Package” for review and asked for Council direction as to<br />

whether the services <strong>of</strong> a consultant should be obtained to assist staff with the<br />

information in this package.<br />

12-2205-18 Moved by: Councillor Russell<br />

Seconded by: Councillor Cook<br />

That staff proceed with a Request for Proposals for engineering<br />

services to review the Municipal Consultation Package for the<br />

Suncor Energy Cedar Point Wind Power Project. Carried<br />

12


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

PL Report No. 37-2012 was dealt with during the public meeting for the Zone and<br />

Official Plan Amendments submitted by Brad Zantingh.<br />

Community Services<br />

8.8 D.C.S. Report 102-2012 – Re: Connecting Link – Proposed Project<br />

Director <strong>of</strong> Community Services Brent Kittmer provided Council with an update<br />

concerning the status <strong>of</strong> two connecting links in <strong>Lambton</strong> <strong>Shores</strong> and those projects that<br />

Council has directed to give consideration to such as the Grand Bend sidewalk<br />

extension to Merrywoods Subdivsion and new pedestrian crosswalks.<br />

12-1105-19 Moved by: Councillor Russell<br />

Seconded by: Councillor Bonesteel<br />

That D.C.S. Report No. 102-2012 regarding proposed projects for<br />

the connecting link <strong>of</strong> Highway #21 in Forest and Grand Bend be<br />

referred to the December 11th Strategic Plan meeting for a review<br />

<strong>of</strong> the development policies and guidelines and deferred to the<br />

2013 budget deliberations for consideration <strong>of</strong> these proposed<br />

projects.<br />

Carried<br />

8.9 D.C.S. Report No. 103-2012 – Re: Project Update – Council Chambers<br />

Renovation<br />

Information related to the proposed relocation <strong>of</strong> the Municipal Council Chambers to the<br />

former <strong>The</strong>dford Library site was provided in D.C.S. Report No. 103-2012.<br />

12-1105-20 Moved by: Councillor Bonesteel<br />

Seconded by: Councillor Scott<br />

That D.C.S. Report No. 103-2012 regarding an update on<br />

renovations to the former <strong>The</strong>dford Library to accommodate the<br />

Municipal Council Chambers be referred to the Strategic Planning<br />

Session to be held December 3rd and the 2013 Budget<br />

deliberations for consideration.<br />

Carried<br />

8.10 D.C.S. Report No. 104-2012 – Re: Proposed Amendments to Policy #50 –<br />

Arena Advertising<br />

Suggested changes to Policy #50 for advertising at Municipal arenas were outlined in<br />

D.C.S. Report no. 104-2012. It was noted that these changes if approved would give the<br />

local businesses a few more opportunities to advertise in Municipal facilities and<br />

generate more revenue for the facilities themselves.<br />

12-1105-21 Moved by: Councillor Cook<br />

Seconded by: Councillor Underwood<br />

13


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

That D.C.S. Report No. 104-2012 be reviewed and approved in an<br />

effort to increase the advertising opportunities with the arena<br />

facilities in <strong>Lambton</strong> <strong>Shores</strong>.<br />

Carried<br />

8.11 D.C.S. Report No. 105-2012 – Re: Recreation Facility Fee Philosophy<br />

Information on the current philosophy used for recreation and community facility fees<br />

was provided in D.C.S. Report No. 105-2012 along with options for Council<br />

consideration on operating Municipal facilities on a fully subsidized fee structure , a full<br />

cost recovery model or a combined approach with user pay and subsidization.<br />

12-1105-22 Moved by: Councillor Underwood<br />

Seconded by: Councillor Russell<br />

That the recreation and community facility fees structure remains at<br />

the status quo, being a combine approach <strong>of</strong> user pay and<br />

subsidization.<br />

Carried<br />

8.12 D.C.S. Report No. 106-2012 – Re: Walker Road Safety Concerns<br />

In response to complaints the Director <strong>of</strong> Community Services Brent Kittmer provided<br />

Council with options in D.C.S. Report No. 106-2012 to deal with the deteriorating<br />

condition <strong>of</strong> Walker Road to ensure vehicles can safely travel this road.<br />

12-1105-23 Moved by: Councillor Russell<br />

Seconded by: Councillor Cook<br />

That D.C.S. Report No. 106-2012 regarding concerns with the<br />

safety <strong>of</strong> traversing Walker Road be received and that staff proceed<br />

with Option 1 consisting <strong>of</strong> pulverizing and grading the existing<br />

asphalt surface in the worst 500m stretch <strong>of</strong> the road north <strong>of</strong> Haig<br />

Line and that staff sign and mark out gravel/recycled asphalt<br />

surfaces.<br />

Carried<br />

8.13 D.C.S. Report No. 107-2012 – Re: Proposed Automated Collection in<br />

<strong>Lambton</strong> <strong>Shores</strong> – Post Public Consultation & Bluewater Recycling<br />

Association Update<br />

D.C.S. Report No. 107-2012 outlined the decision made by the Bluewater Recycling to<br />

not convert any more municipalities to automated collection until further notice. Council<br />

concurred with the recommendation <strong>of</strong> staff to approve this automated collection system<br />

proposal from BRA and implement the system when it is once again available to the<br />

<strong>Municipality</strong>.<br />

12-1105-24 Moved by: Councillor Russell<br />

Seconded by: Councillor Bonesteel<br />

14


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

That Council approves the proposal from the Bluewater Recycling<br />

Association to adopt an automated curbside collection program for<br />

curbside collection <strong>of</strong> waste and recyclables; and further<br />

That staff be directed to inform Bluewater Recycling <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong>’ intention to convert to automated collection when the<br />

program resumes; and further<br />

That staff be directed to bring forward a report respecting the<br />

automated collection program policies approved in principle prior to<br />

the implementation <strong>of</strong> the program.<br />

Carried<br />

Administration and Finance<br />

8.14 CL Report No. 123-2012 – Re: Declaring a Council Seat Vacant due to the<br />

Resignation <strong>of</strong> War 4 Council Representative Ruth Illman<br />

Those options available to fill the recent vacant Council seat due to the resignation <strong>of</strong><br />

the Ward 4 Representative Ruth Illman were outlined in CL Report No. 123-2012.<br />

12-1105-25 Moved by: Councillor Russell<br />

Seconded by: Councillor Scott<br />

That the Ward 4 Council seat be declared vacant as <strong>of</strong> November<br />

5, 2012 and that a letter <strong>of</strong> appreciation be forwarded on behalf <strong>of</strong><br />

the <strong>Municipality</strong> to Councillor Illman for her dedication to the<br />

residents <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>.<br />

Carried<br />

12-1105-26 Moved by: Councillor Bonesteel<br />

Seconded by: Deputy Mayor Davis-Dagg<br />

That staff proceed with filling the Council vacancy through the<br />

appointment process, by advertising that the position as vacant,<br />

and requesting qualified persons interested in serving the balance<br />

<strong>of</strong> the term to complete and submit the required application form by<br />

noon December 10, for Council consideration on December 17,<br />

2012 Carried<br />

8.15 CL Report No. 124-2012 – Re: Proposed Council Meeting Dates for 2013<br />

<strong>The</strong> proposed dates for 2013 Council meetings were provided in CL Report No. 124-<br />

2012, as required by the Procedural By-law. Meetings are usually scheduled for the first<br />

and third Monday evenings and the second Tuesday <strong>of</strong> each month, and it was noted<br />

that revisions will be made as required.<br />

12-1105-27 Moved by: Councillor Underwood<br />

Seconded by: Deputy Mayor Deputy-Dagg<br />

15


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

That the proposed 2013 Council meeting dates, as detailed in CL<br />

Report No. 124-2012 be accepted as presented. Carried<br />

8.16 CL Report No. 125-2012 – Re: Agreement with TM Mobile Inc. (Telus) for a<br />

Site Lease for a Communication Tower – Railroad Way, Forest<br />

Further to approval <strong>of</strong> Council for a Telus communication tower erected on Municipal<br />

property the applicable agreement between TM Mobile Inc. (Telus) and the <strong>Municipality</strong><br />

was presented to Council for review and approval.<br />

12-1105-28 Moved by: Councillor Underwood<br />

Seconded by: Councillor Russell<br />

That the agreement between the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

and TM Mobile Inc. (Telus) as attached to CL Report No. 125-2012<br />

for a communication tower erected on Municipal property in the<br />

Town <strong>of</strong> Forest be approved and the appropriate by-law authorizing<br />

the Mayor and Clerk to sign the agreement be approved.<br />

Carried<br />

8.17 CL Report No. 126-2012 – Re: By-law to Authorize the 2012 OMI Annual<br />

Adjustment<br />

Following approval <strong>of</strong> Amendment No. 5 <strong>of</strong> the Operations Maintenance and<br />

Management Service Agreement with CH2M HILL OMI the authorizing by-law was<br />

presented to Council for approval.<br />

12-1105-29 Moved by: Councillor Maguire<br />

Seconded by: Councillor Cook<br />

That By-law 119-2012 authorizing the Mayor and Clerk to sign<br />

amendment No. 5 to the Operations, Maintenance and<br />

Management Services Agreement with CH2M HILL OMI be<br />

approved.<br />

Carried<br />

8.18 CL Report No. 127-2012 – Re: Proposed “Buskerfest” for Grand Bend<br />

<strong>The</strong> feasibility <strong>of</strong> allowing a Buskerfest to be held in Grand Bend was outlined in CL<br />

Report No.127-2012. It was noted that this event would fit with the “Strategic Actin “ in<br />

the Heritage and Culture” goal <strong>of</strong> the Strategic Plan, that being to “Support and<br />

celebrate the arts, culture and heritage assets and resources <strong>of</strong> the community,<br />

including international relationships.<br />

12-1105-30 Moved by: Deputy Mayor Davis-Dagg<br />

Seconded by: Councillor Maguire<br />

That the “Buskerfest” event proposed by the Grand Bend and Area<br />

Chamber <strong>of</strong> Commerce for Main Street Grand Bend in June <strong>of</strong><br />

2013 be approved in principle, and that<br />

16


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

<strong>The</strong> provisions <strong>of</strong> the Street By-law, Section 2 (a) and (3), and<br />

Section 3 be waived, together with the provisions in the “<strong>Lambton</strong><br />

<strong>Shores</strong>’ Outdoor Policy” for the event, and that<br />

Staff works with the Grand Bend Chamber to develop “Best<br />

Practices” for the event.<br />

Carried<br />

8.19 CL Report No. 128-2012 – Re: A Request from “Grand Bend Parasail” to<br />

Use the Steps on the North Pier, (Grand Bend) as an “Access Point” for<br />

Customers<br />

Council reviewed a request from “Grand Bend Parasail” to use approximately 30 feet <strong>of</strong><br />

the Municipal pier in Grand Bend as a meeting place for persons who rent water sports<br />

equipment and the proposed Municipal agreement that would allow such a business to<br />

operate in Grand Bend.<br />

12-1105-31 Moved by: Councillor Bonesteel<br />

Seconded by Councillor Maguire<br />

That CL Report No. 128-2012 regarding the request to use the<br />

steps on the North Pier in Grand Bend a “Meeting/access point” for<br />

customers be received, and that the agreement between the<br />

Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and Grand Bend<br />

Parasail outlining the conditions <strong>of</strong> the approval and By-law 120-<br />

2012 authorizing the Mayor and Clerk to sign the agreement be<br />

approved.<br />

Carried<br />

9. BY-LAWS AND RESOLUTIONS<br />

12-1105-32 Moved by: Councillor Cook<br />

Seconded by: Councillor Maguire<br />

That the following by-laws be read a first, second and third time,<br />

passed and numbered appropriately, signed by the Mayor and<br />

Clerk and engrossed in the by-law book:<br />

- By-law 118-2012 – Authorize Agreement with TM Mobile Inc.<br />

(Telus) for Lease <strong>of</strong> Municipal Property<br />

- By-law 119-2012 – Authorize Agreement with CH2M Hill OMI for<br />

Operations, Maintenance and Management<br />

- By-law 120-2012 – Authorize Agreement with Grand Bend Parasail<br />

for Use <strong>of</strong> a Portion <strong>of</strong> the Municipal Dock in Grand Bend<br />

- By-law 121-2012 – Authorize Agreement with 1655659 Ontario Inc.<br />

for Municipal Parking Lot<br />

- By-law 122-2012 – Confirming Resolutions to Date. Carried<br />

10. ACCOUNTS<br />

17


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

<strong>The</strong>re were no Municipal accounts for Council to review.<br />

11. NOTICE OF MOTION<br />

11.1 Notice <strong>of</strong> Motion from May Weber – Re: Nomination <strong>of</strong> Ruth Illman for the<br />

“Queen’s Diamond Jubilee Medal” and the “June Callwood Outstanding<br />

Achievement Award for Volunteerism in Ontario”<br />

Prior to making the following motion that received unanimous assent Mayor Weber<br />

turned over the Chair to Deputy Mayor Davis-Dagg.<br />

12-1105-33 Moved by: Mayor Weber<br />

Seconded by: Councillor Cook<br />

That Ruth Illman be recognized for her years <strong>of</strong> volunteer efforts<br />

within the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and be nominated for the<br />

“Queen’s Diamond Jubilee Medal” and the “June Callwood<br />

Outstanding Achievement Award for Volunteerism in Ontario”.<br />

Carried<br />

12. NEW BUSINESS<br />

<strong>The</strong> Forest Optimist Club is applying to the Trillium Foundation for funds to assist with<br />

the construction <strong>of</strong> a Spray Pad at Rotary Park in Forest. <strong>The</strong> organization is requiring<br />

confirmation from the <strong>Municipality</strong> that it will assume the maintenance and operations <strong>of</strong><br />

the spray pad after completion.<br />

12-1105-34 Moved by: Deputy Mayor Davis-Dagg<br />

Seconded by: Councillor Russell<br />

That CL Report No. 131-2012 regarding an update on the Forest<br />

Spray Pad be presented to Council under new business as it is an<br />

emergent issue.<br />

Carried<br />

12-1105-35 Moved by: Councillor Maguire<br />

Seconded by: Councillor Cook<br />

That it be confirmed that the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> will be<br />

assuming the maintenance and operations <strong>of</strong> the spray pad at<br />

Rotary Park.<br />

Carried<br />

13. COUNCILLOR REPORTS<br />

Councillor Scott voiced her appreciation <strong>of</strong> the Community Services staff in responding<br />

to those issues within the <strong>Municipality</strong> due to the inclement weather the past week.<br />

Councillor Underwood asked Council to take a “Pittance <strong>of</strong> Time” on November 11th in<br />

honour <strong>of</strong> Remembrance Day and to make an effort to attend the Remembrance Day<br />

services within <strong>Lambton</strong> <strong>Shores</strong> on Sunday as well.<br />

18


Minutes <strong>of</strong> the November 5, 2012 Council Meeting<br />

Councillor Maguire reported that he had attended the Remembrance Day Dinner held<br />

recently at the Grand Bend Legion, that the Grand Bend Arts Centre was holding a<br />

concert at the Gable November 17th, that “Christmas Comes Early to Grand Bend the<br />

weekend <strong>of</strong> November 9th – 11th and the Grand Bend Optimist Grand Vegas event was<br />

coming up on the 24th <strong>of</strong> November.<br />

Councillor Bonesteel commended the businesses in Grand Bend for their sensitivity to<br />

Remembrance Day during the annual “Christmas Comes Early” event, reported that he<br />

had attended the Southcott Pines Volunteer Association dinner and also reiterated his<br />

appreciation for the quick response by the Community Services’ staff for the weather<br />

related issues that occurred.<br />

Councillor Cook reported that the Remembrance Day Service would be held Saturday in<br />

Arkona.<br />

Mayor Weber reported that the Mayor’s hike had been well attended and commended<br />

the Trail Committee for a job well done, that he would be attending the Legion dinner in<br />

Forest Saturday and noted those Remembrance Day Services that would be held<br />

Sunday.<br />

Councillor Russell noted his appreciation <strong>of</strong> Main Street, <strong>The</strong>dford being closed for the<br />

Remembrance Day Service to be held Sunday.<br />

14. OPPORTUNITY FOR THE PUBLIC TO SEEK CLARIFICATION<br />

Justin Speake asked for information on the tracking <strong>of</strong> staff reports and Bob Sharen<br />

asked for an answer to a previous question regarding the October 4th meeting for the<br />

EA Addendum on the Grand Bend Area Sewage Treatment Facility and why a reception<br />

had not been held for Councillor Ruth Illman’s retirement from Council.<br />

Jim Hansen asked for clarity on the 2% increase proposed for the 2013 budget and<br />

Karen Kennedy White asked for clarity on when the proposed report on wind turbines<br />

will be presented.<br />

Jordie Speake asked for clarity on where the funds for the Arkona sidewalk<br />

reconstruction came from.<br />

15. ADJOURN<br />

12-1105-36 Moved by: Councillor Scott<br />

Seconded by: Councillor Underwood<br />

That the November 5, 2012 Council meeting adjourn at 9:45 p.m.<br />

Carried<br />

19


THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />

Date <strong>of</strong> Meeting: November 13, 2012<br />

Regular Council Meeting<br />

Members Present: Mayor Bill Weber<br />

Deputy Mayor Elizabeth Davis-Dagg<br />

Councillor Dave Maguire<br />

Councillor Doug Bonesteel<br />

Councillor Lorie Scott<br />

Councillor Martin Underwood<br />

Councillor Doug Cook<br />

Councillor John Russell<br />

Staff Present:<br />

C.A.O. John Byrne<br />

Treasurer Janet Ferguson<br />

Director <strong>of</strong> Community Services Brent Kittmer<br />

Administrative Assistant Roberta Brandon<br />

1. CALL TO ORDER<br />

Mayor Weber called the meeting to order at 1:00 p.m.<br />

2. DECLARATION OF PECUNIARY OR CONFLICT OF INTEREST<br />

<strong>The</strong> Mayor asked members <strong>of</strong> Council to declare any pecuniary or conflict <strong>of</strong> interest<br />

that they may have with the business itemized on the agenda and Deputy Mayor Davis-<br />

Dagg declared a conflict during the discussion on the proposed Clerk’s report on wind<br />

turbines coming to the November 19, 2012 Council meeting.<br />

3. CONFIDENTIAL<br />

12-1113-01 Moved by: Councillor Russell<br />

Seconded by: Councillor Bonesteel<br />

That the Council meeting goes into a “Closed Session” at 1:05 p.m.<br />

to discuss a business development proposal for the Forest<br />

Industrial Park under Section 239 (2) c <strong>of</strong> the Municipal Act.<br />

Carried<br />

Council rose from the “Closed Session” at 1:46 p.m. and reported progress on a<br />

property matter.<br />

Prior to proceeding with the agenda Councillor Underwood made mention <strong>of</strong> how he felt<br />

slighted in not being invited to lay a wreath on behalf <strong>of</strong> the <strong>Municipality</strong> during the<br />

Remembrance Day Service held Sunday in Forest as he is the area Council<br />

representative.<br />

20


Minutes <strong>of</strong> the November 13, 2012 Council Meeting<br />

Mayor Weber noted that no slight was intended.<br />

Councillor Bonesteel also remarked that a representative <strong>of</strong> the <strong>Municipality</strong> should be<br />

laying a wreath at the Remembrance Day Service in <strong>The</strong>dford for <strong>Lambton</strong> <strong>Shores</strong> that<br />

this should be addressed to ensure that there is representation from <strong>Lambton</strong> <strong>Shores</strong><br />

each year at this service.<br />

4. CONSENT AGENDA<br />

<strong>The</strong>re were no items in the Consent Agenda for Council to review.<br />

5. CONFIRMATION OF MINTUES FROM PREVIOUS MEETINGS<br />

<strong>The</strong>re were no previous meeting minutes to confirm.<br />

6. DELEGATIONS, PUBLIC MEETINGS & PRESENTATIONS<br />

<strong>The</strong>re were no delegations, public meetings and presentations scheduled.<br />

7. CORRESPONDENCE & PETITIONS<br />

<strong>The</strong>re was no correspondence or petitions for Council to review.<br />

8. CONSIDERATION OF COMMITTEE MINTUES AND STAFF REPORTS<br />

Corporate & Strategic<br />

8.1 C.A.O. Report No. 72-2012 – Re: Public/Private Partnerships<br />

In C.A.O. Report No. 72-2012 the C.A.O. John Byrne provided Council with information<br />

regarding Public/Private Partnerships for the delivery <strong>of</strong> services within the <strong>Municipality</strong>.<br />

Details on service contracts with the private sector such as OMI Ltd. for the operation<br />

and maintenance <strong>of</strong> our water and wastewater systems or the Sarnia <strong>Lambton</strong> YMCA<br />

for the operation <strong>of</strong> the Suncor Wellness Centre were outlined to Council and it was<br />

noted that these contracted service options has been an effective way for many<br />

municipalities to achieve cost savings in service delivery.<br />

<strong>The</strong> length <strong>of</strong> the term for contracts, the justification for a contract, and the criteria used<br />

in establishing these public/private partnerships was discussed and it was noted that it<br />

was important for the <strong>Municipality</strong> to defend those dollars spent.<br />

12-1119-02 Moved by: Councillor Russell<br />

Seconded by: Councillor Scott<br />

That staff provide Council with the next step in terms <strong>of</strong> defining the<br />

opportunities and identifying the weaknesses in approaching<br />

private/public partnerships to improve the Municipal service delivery<br />

as identified in the Municipal Strategic Plan. Carried<br />

21


Minutes <strong>of</strong> the November 13, 2012 Council Meeting<br />

8.2 D.C.S. Report No. 108-2012 – Re: Consideration <strong>of</strong> Items Referred to 2013<br />

Budget<br />

12-1113-03 Moved by: Councillor Cook<br />

Seconded by: Councillor Scott<br />

<strong>The</strong> D.C.S. Report No. 108-2012 regarding those items referred to<br />

the 2013 Budget be received for Council direction. Carried<br />

Council reviewed a number <strong>of</strong> items and projects that have been referred to the<br />

Community Services Department for consideration in the 2013 Budget.<br />

It was noted that the list <strong>of</strong> items and projects referred are not currently included in the<br />

Community Services Department capital plan, currently do not have a strategic priority<br />

assigned to them, and represent new expenditures over and above what was previously<br />

planned.<br />

Council reviewed those items listed in D.C.S. Report No. 108 and proceeded to<br />

prioritize those items as short, medium and long term goals.<br />

9. BY-LAWS AND RESOLUTIONS<br />

<strong>The</strong>re were no by-laws and resolutions for Council to approve.<br />

10. ACCOUNTS<br />

<strong>The</strong>re were no Municipal accounts for Council’s review and approval.<br />

11. NOTICE OF MOTION<br />

<strong>The</strong>re were no notices <strong>of</strong> motion presented.<br />

12. NEW BUSINESS<br />

12-1113-04 Moved by: Councillor Bonesteel<br />

Seconded by: Councillor Underwood<br />

That an emergent issue regarding the Ausable River in Port Franks<br />

be brought forward.<br />

Carried<br />

12-1113-05 Moved by: Councillor Russell<br />

Seconded by: Councillor Scott<br />

That staff be instructed to proceed with emergency cleanup <strong>of</strong><br />

trees, deadheads and gravel ridges in the Ausable River Channel<br />

and dredging a good opening to the lake at Port Franks with an<br />

upset limit <strong>of</strong> $100,000 and that Council help in expediting all<br />

permits to this cleanup by lobbying the necessary Provincial<br />

Ministries.<br />

Carried<br />

22


Minutes <strong>of</strong> the November 13, 2012 Council Meeting<br />

Discussion ensued on the November 19th Council meeting and the proposed Clerk<br />

Report on Industrial Wind Turbine issues that will be presented at this meeting.<br />

C.A.O. John Byrne asked for clarification on the proposed purchase <strong>of</strong> the new pumper<br />

for the Forest Fire Department further to approval <strong>of</strong> the Fire Board Meeting Minutes at<br />

the last meeting <strong>of</strong> Council.<br />

12-1113-06 Moved by: Councillor Underwood<br />

Seconded by: Councillor Scott<br />

That staff proceed with the purchase <strong>of</strong> the Rescue Pumper with<br />

generator and Quad Cab Pick-Up at the estimated total <strong>of</strong><br />

$504,974.00 for the Forest Fire Department as part <strong>of</strong> the 2013<br />

budget allocations.<br />

Carried<br />

13. COUNCILLOR REPORTS<br />

Council had nothing to report.<br />

14. OPPORTUNITY FOR THE PUBLIC TO SEEK CLARIFICATION<br />

Jim Hansen had several questions <strong>of</strong> Council on those items referred to the 2013<br />

Budget.<br />

12-1113-07 Moved by: Councillor Scott<br />

Seconded by: Councillor Maguire<br />

That the Council meeting goes into a “Closed Session” at 4:19<br />

p.m. to discuss a personal matter about an identifiable individual<br />

under Section 239 (2) b <strong>of</strong> the Municipal Act. Carried<br />

Council rose after discussing a personal matter under Section 239 (2) b <strong>of</strong> the Municipal<br />

Act and sought legal direction on the issues.<br />

15. ADJOURN<br />

12-1113-08 Moved by: Councillor Underwood<br />

Seconded by: Councillor Bonesteel<br />

That the November 13, 2012 Council meeting adjourns at 5:18 p.m.<br />

Carried<br />

23


SCHEDULE “A” TO BY-LAW 37-2012<br />

Delegation Form – Request to Make a Presentation to <strong>Lambton</strong> <strong>Shores</strong> Council<br />

To speak at a meeting <strong>of</strong> Council, you must complete this form and submit it to the Municipal<br />

Clerk. Agendas are finalized the week prior to the Council meeting, and if a “Request Form” is<br />

received after 11:00 a.m. 7 days prior to the meeting or if the agenda is deemed full, the<br />

Request Form shall be considered for the next appropriate meeting. Delegations are limited to<br />

a maximum <strong>of</strong> 10 minutes, which includes questions from Council. Please include copies <strong>of</strong><br />

presentations to be made, including a copy <strong>of</strong> the power point presentation, and all<br />

background information you would like Council to consider.<br />

Please provide details on the issue to be discussed:<br />

To request new criteria be added for Industrial Wind Turbine (IWT) permits. <strong>The</strong>se new requirements would<br />

need to be met before an application for an IWT building permit could be submitted.<br />

<strong>The</strong>se new requirements will be similar to those in a motion that was passed at Bluewater’s Council on Nov 5 th<br />

2012. <strong>The</strong> motion asked that some form <strong>of</strong> bond or insurance be provided by the wind energy company to cover<br />

the cost <strong>of</strong> de-commissioning a turbine, pay a development fee, any legal costs that might be incurred by the<br />

municipality if they get sued, damage to the roads and the municipality's legal expenses. Additional requests<br />

include that all transmission lines be buried and the municipality's setback bylaw be respected.<br />

Dave Griffith, a spokeperson for Bluewater Against Turbines advocacy group (B.A.T.) will provide the motion<br />

details and be available for questions.<br />

Have you discussed this issue with the appropriate Municipal Department? no<br />

If yes, what was the response? _______________<br />

Name: _____Karen Kelly-White<br />

Firm / Organization (if any): __________________________________________________<br />

Address: ___16 Erin Place, Grand Bend<br />

Postal Code: ____N0M1T0 Email: dkwhite@hay.net_____________<br />

Residential Phone: __519-238-8737<br />

I agree that I have read the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Delegation Policy # 34, attached<br />

to this form, and understand that all information will become part <strong>of</strong> a public document and<br />

posted on the Municipal website.<br />

I also understand that the form, together with the presentation materials must be submitted<br />

no later than 11:00 a.m., 7 days prior to the meeting.<br />

Signature: ____Karen Kelly-White_____Nov 11, 2012___<br />

24


Good Evening<br />

Thank you for this opportunity to speak before Council.<br />

My name is Karen Kelly-White. And this is Dave Griffith.<br />

My husband Don White and I moved to Grand Bend in 2009 looking for a better quality <strong>of</strong> life and that is what we found.<br />

We love it here. But we, like our neighbours and yourselves, have become concerned about our quality <strong>of</strong> life with the<br />

planned Industrial Wind Turbines (IWT) in and around <strong>Lambton</strong> <strong>Shores</strong> and all along the Great Lakes’ Coast.<br />

More research is needed to understand the full negative impacts <strong>of</strong> IWTs to the community, residents, agriculture &<br />

tourism industries, natural habitat, Green House Gases & energy costs. Until then we need safeguards.<br />

We ask, as <strong>Lambton</strong> <strong>Shores</strong> is developing agreements and permits for Industrial Wind Turbine (IWT), that these<br />

requirements be considered. <strong>The</strong>se requirements would need to be met before an application for an IWT building<br />

permit could be submitted.<br />

<strong>The</strong>se new requirements will be similar to those in a motion that was passed at Bluewater’s Council on Nov 5 th 2012. <strong>The</strong><br />

motion asked that some form <strong>of</strong> bond or insurance be provided by the wind energy company to cover the cost <strong>of</strong> decommissioning<br />

a turbine, pay a development fee, any legal costs that might be incurred by the municipality if they get<br />

sued, damage to the roads and the municipality's legal expenses. Additional requests included that all transmission lines<br />

be buried and the municipality's setback bylaw be respected.<br />

At the end <strong>of</strong> the presentation we will ask for your agreement to begin the process <strong>of</strong> adding these new requirements to<br />

<strong>Lambton</strong> <strong>Shores</strong>’ municipal by-laws and regulations.<br />

Dave Griffith, a spokesperson for Bluewater Against Turbines advocacy group (B.A.T.) will now provide the specifics.<br />

Thank-you<br />

---------------------------------------------------------------------------------------------------------------------------------------------------------------<br />

Background:<br />

Today is Remembrance Day and as the National anthem was sung, we reflected on the sacrifices that many Canadians<br />

made to protect our quality <strong>of</strong> life. We have much to be thankful but we all need to do our part. We need to stand<br />

together and protect our quality <strong>of</strong> life.<br />

Please consider why our Ontario government is approving the installation <strong>of</strong> massive IWTs that<br />

<br />

<br />

<br />

<br />

<br />

will increase Green House Gases<br />

will increase the cost <strong>of</strong> energy<br />

will drive more jobs out <strong>of</strong> Ontario due to higher energy costs<br />

will lower property values<br />

will put some people’s health at risk<br />

Why the push to install IWTs – is it because the idea is ‘cool’. Just like smoking cigarettes was ‘cool’ decades ago.<br />

Years ago not many would buy into smoking-related illness. Now a number <strong>of</strong> provinces are ramping up lawsuits against<br />

tobacco companies. Ontario launched a lawsuit against 14 tobacco companies in September 2009 in an effort to recoup<br />

Nov 11, 2012 Page 1<br />

25


past and present health-care costs related to smoking. <strong>The</strong> province claims the corporations should be on the hook for<br />

billions <strong>of</strong> dollars because they had misrepresented the risks <strong>of</strong> smoking, did not take steps to reduce the effects and<br />

marketed cigarettes towards children and teens. This lawsuit has been in the news this month.<br />

<strong>The</strong> province is misrepresenting the risks <strong>of</strong> IWTs. If they must honour IWT contracts they could take the responsible and<br />

prudent action <strong>of</strong> increasing the IWTs setbacks to 2 km like Australia has done.<br />

We ask that you please find the time to spend on this important topic.<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Read about IWTs and why we are concerned about<br />

o <strong>The</strong> scarring <strong>of</strong> our natural landscape & impact to wildlife<br />

o <strong>The</strong> tearing apart <strong>of</strong> family and neighbour ties<br />

o <strong>The</strong> quality <strong>of</strong> experience <strong>of</strong> our visitors and tourists<br />

o <strong>The</strong> health and quality <strong>of</strong> life for residents<br />

o <strong>The</strong> vitality <strong>of</strong> our local economy<br />

o <strong>The</strong> rising <strong>of</strong> energy costs and loss <strong>of</strong> jobs<br />

o Eroding property rights and decreasing property values<br />

Read the Ontario Society <strong>of</strong> Pr<strong>of</strong>essional Engineers report on IWTs that outlines<br />

o Ontario already has excess energy. In 2011 we spent $15 million to export surplus energy<br />

o Ontario’s energy supply was already 75% free <strong>of</strong> Green House Gases (GHG) in 2009<br />

o Ontario uses very little coal and coal is being replaced by gas not by IWTs. And coal will be phased out by<br />

2014.<br />

o Adding the planned IWTs will increase Green House Gases<br />

o Adding the planned IWTs will increase energy costs to the consumer & <strong>Municipality</strong><br />

Consider the landowner who wants to ‘farm’ IWTs. <strong>The</strong> landowner is responsible for what is produced on<br />

his/her land and whether it impacts the neighbours. We need the authority to be returned to municipalities so<br />

they can establish by-laws with larger IWT setbacks to protect the interests <strong>of</strong> both the individual and the<br />

community as a whole.<br />

Consider that Mr McGuinty said that changes are coming to the Green Energy Act that will restore some<br />

autonomy to municipalities that want to limit the number <strong>of</strong> wind turbines erected in their jurisdiction.<br />

Reported by Jonathan Jenkins Feb 27/12.<br />

Consider that Municipalities have an ethical duty and legal obligation to protect the health, safety, quality <strong>of</strong> life<br />

and well being <strong>of</strong> citizens and their properties.<br />

Consider why London Life has denied insurance for properties with IWTs.<br />

Consider why some financial institutions are reviewing lines <strong>of</strong> credit secured by properties with IWTs.<br />

Consider what the installation <strong>of</strong> massive IWTs is doing to Ontario’s agricultural land and how it will impact crop<br />

production.<br />

Nov 11, 2012 Page 2<br />

26


Consider why more than 70 other Ontario municipalities, and the Ontario Federation <strong>of</strong> Agriculture and<br />

numerous other groups have asked for a moratorium on IWTs.<br />

Read the MSN report <strong>of</strong> Grand Bend being voted the 3 rd top beach area in Canada and consider how this will<br />

change with massive IWTs<br />

Thirty miles <strong>of</strong> beautiful beaches along this Lake Huron coast are equaled only by the spectacular sunsets. '<strong>The</strong><br />

Bend', just 45 minutes from London, has been attracting tourists since the 1800's. Young sun worshippers strut<br />

their stuff on the beach at the foot <strong>of</strong> Main Street, while families looking for a quieter environment <strong>of</strong>ten<br />

gravitate to the beach south <strong>of</strong> the river mouth. Busy bars, fast food, miniature golf, live theatre — it's fun. <strong>The</strong><br />

very popular Pinery Provincial Park has 1,000 campsites just south <strong>of</strong> the village.<br />

Remember how we didn’t have a breath <strong>of</strong> air/wind during our hot and humid summer. Wind doesn’t blow here<br />

when we need the energy the most – in the summer.<br />

Consider where the used and damaged toxic wind turbine blades are going to be dumped.<br />

Read the 2011 Auditor’s General’s Annual report – renewable energy initiatives. But I have to warn you it’s a<br />

lengthy report so I’ve summarized some <strong>of</strong> its findings.<br />

Although the Ministry consulted with stakeholders in developing the supply-mix directives, the LTEP, and the Green Energy<br />

and Green Economy Act, billions <strong>of</strong> dollars were committed to renewable energy without fully evaluating the impact, the<br />

trade-<strong>of</strong>fs, and the alternatives through a comprehensive business-case analysis. Specifically, the OPA, the OEB, and the<br />

IESO acknowledged that:<br />

no independent, objective, expert investigation had been done to examine the potential effects <strong>of</strong> renewableenergy<br />

policies on prices, job creation, and greenhouse gas emissions; and<br />

no thorough and pr<strong>of</strong>essional cost/benefit analysis had been conducted to identify potentially cleaner, more<br />

economically productive, and cost-effective alternatives to renewable energy, such as energy imports and<br />

increased conservation.<br />

o residential electricity bills will rise another 46% over the next five years<br />

o the OPA and the IESO acknowledged that when more renewable energy projects under the FIT program are added<br />

to the grid, the power surplus will grow<br />

o electricity ratepayers may have to pay renewable energy generators under the FIT program between $150 million<br />

and $225 million a year not to generate electricity<br />

o In October 2010, the Ministry cancelled a signed contract with a private-sector developer to build a 900 MW gasfired<br />

project in the GTA because decreased electricity demand<br />

o the report didn’t buy the estimate <strong>of</strong> new jobs. A 2011 survey showed that in the United Kingdom 4 jobs were lost<br />

elsewhere in the economy for every one new job in the renewable energy sector, primarily because <strong>of</strong> higher<br />

electricity prices.<br />

<br />

<br />

Read some <strong>of</strong> the numerous reports <strong>of</strong> health problems for people living with IWTs. Read how people are forced<br />

to leave their family homes because they can’t sleep there anymore. Some <strong>of</strong> their sleep deprivation and health<br />

problems are caused by shadow flickers, turbine noise, infrasound, vibration, flashing red aviation lights, and<br />

stress. One account likened the vibration in the house to being inside a drum and the IWT blade as the drum<br />

stick. Consider what a performance in the Huron Playhouse will be like being surrounded by the IWTs.<br />

Read the Peer Review <strong>of</strong> the scientific study published in the Noise and Health Periodical, available on line, you<br />

should take the time to read the whole study. <strong>The</strong>re is a slight charge. Here’s an Abstract from the Article<br />

Industrial wind turbines (IWTs) are a new source <strong>of</strong> noise in previously quiet rural environments. Environmental noise is a public health concern, <strong>of</strong> which sleep<br />

disruption is a major factor. To compare sleep and general health outcomes between participants living close to IWTs and those living further away from them,<br />

Nov 11, 2012 Page 3<br />

27


participants living between 375 and 1400 m (n = 38) and 3.3 and 6.6 km (n = 41) from IWTs were enrolled in a stratified cross-sectional study involving two rural<br />

sites. Validated questionnaires were used to collect information on sleep quality (Pittsburgh Sleep Quality Index - PSQI), daytime sleepiness (Epworth Sleepiness<br />

Score - ESS), and general health (SF36v2), together with psychiatric disorders, attitude, and demographics. Descriptive and multivariate analyses were performed<br />

to investigate the effect <strong>of</strong> the main exposure variable <strong>of</strong> interest (distance to the nearest IWT) on various health outcome measures. Participants living within 1.4<br />

km <strong>of</strong> an IWT had worse sleep, were sleepier during the day, and had worse SF36 Mental Component Scores compared to those living further than 1.4 km away.<br />

Significant dose-response relationships between PSQI, ESS, SF36 Mental Component Score, and log-distance to the nearest IWT were identified after controlling<br />

for gender, age, and household clustering. <strong>The</strong> adverse event reports <strong>of</strong> sleep disturbance and ill health by those living close to IWTs are supported.<br />

<br />

<br />

<br />

<br />

Consider what Scott Stinson (National Post Nov 4/12) wrote titled ‘McGuinty Liberals’ dream <strong>of</strong> renewable<br />

energy has not come to pass’. Here’s a snippet:<br />

Of greater concern is the problem <strong>of</strong> when the wind blows and the sun shines. On Oct. 28, for example, one <strong>of</strong> the windiest<br />

days <strong>of</strong> the year, Ontario’s wind energy farms were humming along in the early evening and producing more than 1,450<br />

megawatts — about 85% <strong>of</strong> wind capacity. This is highly unusual; in the high-demand summer months, wind routinely<br />

produces at less than 10% <strong>of</strong> capacity. But here was a rare day when the wind facilities were doing what they were intended to<br />

do — and the province was dumping the electricity on the market at a tiny fraction <strong>of</strong> what it was paying for it. In fact, at<br />

various points <strong>of</strong> the day, according to data published by Ontario’s Independent Electricity System Operator, the province was<br />

exporting to neighbouring jurisdictions almost the exact same amount it was generating from wind farms. At 3 p.m., it was<br />

generating 1,432 megawatts <strong>of</strong> wind — at the mandated rate <strong>of</strong> ¢13.5 per kw/h — and exporting 1,507 MW at less than ¢3 per<br />

kw/h. At 4 p.m., it was producing 1,450 MW from wind and exporting 1,425 MW, at the same 80% discount. You get the idea:<br />

Renewables producing excess energy at the time it is least needed.<br />

Consider what Lorne Gunter (sunmedia) wrote earlier this year: <strong>The</strong>re may come a day when non-carbon fuels<br />

make financial sense, but for now alternate-energy projects are simply money pits. And the private companies<br />

that politicians hail as pioneers in "clean" energy are mostly just subsidy miners. <strong>The</strong>y've simply figured out how<br />

to make money by extracting big grants from crusading politicians eager to prove their environmental bona fides<br />

by spending other people's money.<br />

Consider what Mr McGuinty said about IWTs. "I've got all kinds <strong>of</strong> communities that want them, I don't<br />

need the headaches that are associated with them going into communities that don't want them."<br />

Please protect the health, safety, quality <strong>of</strong> life and well being <strong>of</strong> all <strong>Lambton</strong> <strong>Shores</strong> citizens and their properties<br />

from the risks <strong>of</strong> Industrial Wind Turbines.<br />

Thank-you<br />

Karen Kelly-White<br />

Nov 11, 2012 Page 4<br />

28


THE MUNCIPALITY OF LAMBTON SHORES<br />

PL Report No. 38-2012 Wednesday, November 14, 2012<br />

TO:<br />

FROM:<br />

RE:<br />

Mayor Weber and Members <strong>of</strong> Council<br />

Patti Richardson, Senior Planner<br />

OFFICIAL PLAN AMENDMENT APPLICATION OP-05/2012<br />

ZONING BY-LAW AMENDMENT APPLICATION ZO-09/2012<br />

LOCATION: 8903 Northville Road<br />

OWNER: Brad Zantingh Ltd.<br />

RECOMMENDATION:<br />

That PL Report No. 38-2012 regarding Official Plan Amendment<br />

Application OP-05/2012 and Zoning By-law Amendment<br />

Application ZO-09/2012, Brad Zantingh Ltd. requesting an<br />

amendment to the <strong>Lambton</strong> <strong>Shores</strong> Official Plan as it relates to<br />

lands known as 8903 Northville Road, to amend the Official<br />

Plan and Zoning By-law to permit the creation <strong>of</strong> a new nonfarm<br />

dwelling lot for a dwelling which is surplus to a farming<br />

operation as result <strong>of</strong> a farm consolidation be received and filed<br />

and that the By-laws to implement the amendments to the<br />

Official Plan and Zoning By-law be approved.<br />

_______________________________________________________________________<br />

REPORT<br />

<strong>The</strong>se applications were considered by Council as their November 5, 2012 and Council<br />

passed the following resolution:<br />

Moved by: Councillor Cook<br />

Seconded by: Councillor Underwood<br />

That Official Plan Amendment Application OP-05/2012 submitted by Brad<br />

Zantingh Ltd. requesting an amendment to the <strong>Lambton</strong> <strong>Shores</strong> Official<br />

Plan as it relates to lands known as 8903 Northville Road, to allow the<br />

creation <strong>of</strong> a new non-farm dwelling lot for a dwelling which is surplus to a<br />

farming operation as result <strong>of</strong> a farm consolidation be APPROVED subject<br />

to the amendment containing provisions which do not permit a surplus<br />

dwelling lot to be created until:<br />

i) the animal operation existing in the existing barns on the property is<br />

discontinued: and<br />

34


ii) the manure storage is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

That Zoning By-law Amendment Application ZO-09/2012, submitted by<br />

Brad Zantingh Ltd., requesting an amendment to the <strong>Lambton</strong> <strong>Shores</strong><br />

Zoning By-law 1 <strong>of</strong> 2003 as it relates to lands known as 8903 Northville<br />

Road to to allow the creation <strong>of</strong> a new non-farm dwelling lot for a dwelling<br />

which is surplus to a farming operation as result <strong>of</strong> a farm consolidation be<br />

APPROVED subject to the new zoning on the property:<br />

a) prohibiting the construction <strong>of</strong> a new dwelling on the remnant farm<br />

parcel after the severance <strong>of</strong> the surplus dwelling;<br />

b) allowing the remnant farm parcel to have a lot area <strong>of</strong> 29.3 hectares<br />

(72.4 acres);<br />

c) prohibiting animal operations from being located in the in the existing<br />

agricultural buildings on the remnant farm parcel; and<br />

d) prohibiting the creation <strong>of</strong> a surplus farm dwelling lot until:<br />

i) the animal operation existing in the existing barns on the property<br />

is discontinued:<br />

ii) the manure storage on the property is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

Carried<br />

I have prepared the <strong>of</strong>ficial plan amendment and amending by-law with the required<br />

regulations for Council review and approval.<br />

Respectfully submitted<br />

Patti L. Richardson<br />

Senior Planner<br />

35


AMENDMENT NO. 35<br />

TO THE MUNICIPALITY OF LAMBTON SHORES<br />

OFFICIAL PLAN<br />

36


MUNICIPALITY OF LAMBTON SHORES<br />

Official Plan Amendment No. 35<br />

This amendment was adopted by the Council <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong><br />

<strong>Lambton</strong> <strong>Shores</strong> by By-Law 125 <strong>of</strong> 2012 in accordance with the provisions <strong>of</strong> Section 21<br />

(1) and 19 (15) <strong>of</strong> the Planning Act, R.S.O. 1990, on the 19th day <strong>of</strong> November, 2012.<br />

Corporate<br />

Seal<br />

_____________________<br />

Mayor<br />

______________________<br />

Clerk<br />

CERTIFICATE OF COMPLIANCE<br />

WITH PUBLIC INVOLVEMENT<br />

AND NOTICE REQUIREMENT<br />

I, Carol McKenzie, Clerk for the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>, hereby certify that the<br />

requirements for the holding <strong>of</strong> at least one public meeting as set out in subsection 19(15)<br />

<strong>of</strong> the Planning Act, R.S.O.1990 and the giving notice as set out in subsection 19(19) <strong>of</strong><br />

the Planning Act, R.S.O.1990, have been complied with.<br />

_______________________<br />

Clerk<br />

37


THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />

BY-LAW NUMBER 125 OF 2012<br />

WHEREAS the Council <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> deems it advisable to<br />

adopt AMENDMENT NO. 35 to the <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />

NOW THEREFORE the Council <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong>, in accordance with the provisions <strong>of</strong> Section 18 (22) <strong>of</strong> the Planning Act, R.S.O. 1990,<br />

hereby enacts as follows:<br />

1. Amendment No. 35 <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Official Plan consisting <strong>of</strong><br />

the attached text and maps is hereby adopted.<br />

2. <strong>The</strong> Clerk is hereby authorized and directed to make application to the County <strong>of</strong><br />

<strong>Lambton</strong> for approval <strong>of</strong> Amendment No.35 to the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

Official Plan.<br />

3. This By-Law shall come into force and take effect on the day <strong>of</strong> the final passing<br />

there<strong>of</strong>.<br />

Read a First and Second Time This 19 th Day <strong>of</strong> November, 2012.<br />

READ A THIRD TIME AND FINALLY PASSED THIS 19 th DAY OF NOVEMBER, 2012.<br />

__________________________<br />

MAYOR – Bill Weber<br />

__________________________<br />

CLERK – Carol McKenzie<br />

38


INDEX<br />

PAGE<br />

STATEMENT OF COMPONENTS 1<br />

PART A - THE PREAMBLE<br />

1. PURPOSE ........................................................................................... 2<br />

2. LOCATION .......................................................................................... 2<br />

3. BASIS ................................................................................................. 2<br />

PART B - THE AMENDMENT<br />

1. INTRODUCTION ................................................................................ 5<br />

2. DETAILS OF THE AMENDMENT ...................................................... 5<br />

3. IMPLEMENTATION AND INTERPRETATION .................................. 5<br />

PART C - APPENDIX ............................................................................................... 7<br />

39


-1-<br />

STATEMENT OF COMPONENTS<br />

PART A - THE PREAMBLE does not constitute part <strong>of</strong> this amendment.<br />

PART B - THE AMENDMENT consisting <strong>of</strong> the following text and map (designated Schedule<br />

'A') constitutes Amendment No. 35 to the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />

PART C - APPENDIX does not constitute part <strong>of</strong> this amendment. This appendix contains<br />

background data, planning considerations and a record <strong>of</strong> the public involvement associated<br />

with this amendment.<br />

40


-2-<br />

PART A – THE PREAMBLE<br />

Purpose<br />

<strong>The</strong> purpose <strong>of</strong> this amendment is to allow the creation <strong>of</strong> a new non-farm dwelling lot for a<br />

dwelling which is surplus to a farming operation as result <strong>of</strong> a farm consolidation.<br />

Location<br />

<strong>The</strong> lands affected by this amendment comprise lands described as the North Part <strong>of</strong> Lot 19<br />

and South Part <strong>of</strong> Lot 20, Concession 6, geographic Township <strong>of</strong> Bosanquet, and known<br />

municipally as 8903 Northville Road and are shown on Schedule “A” to this Amendment.<br />

<strong>The</strong> subject lands are located on the west side <strong>of</strong> Northville Road, just south <strong>of</strong> Ravenswood<br />

Line.<br />

Basis<br />

<strong>The</strong> lands are currently designated “Agriculture”, “Significant Woodlot” and “Environmental<br />

Protection” in the <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />

<strong>The</strong> “Significant Woodlot” designation affects the rear portion <strong>of</strong> the lands which are covered<br />

by a woodlot, and forms part <strong>of</strong> a larger woodlot on adjacent properties. It is the intent <strong>of</strong> the<br />

Official Plan that woodlots are protected, however some harvesting is permitted<br />

incompliance with good forestry practices.<br />

<strong>The</strong> “Environmental Protection and Hazard” designation which traverses the front and the<br />

midsection <strong>of</strong> the property coincide with the Golden Creek Drain and those associated areas<br />

identified as hazardous due to the flooding and erosion.<br />

<strong>The</strong> balance <strong>of</strong> the lands are designated “Agriculture”. <strong>The</strong> primary use <strong>of</strong> lands located<br />

within the “Agricultural” designation include the growing <strong>of</strong> crops, including nursery and<br />

horticultural crops; raising <strong>of</strong> livestock and other animals for food, or fur, including poultry<br />

and fish; aquaculture; agro-forestry; maple syrup production; and associated on-farm<br />

buildings and structures including accessory farm dwellings<br />

<strong>The</strong> Official Plan indicates that the minimum lot size for agricultural uses shall generally be 40 hectares. <strong>The</strong><br />

proposed retained farm parcel will have a lot area <strong>of</strong> 29.3 hectares (72.4 acres). <strong>The</strong> farm parcel as it exists<br />

today does not meet the minimum lot area policy in the Official Plan. After the severance <strong>of</strong> the surplus farm<br />

dwelling, the surplus farm dwelling lot will be only marginally smaller than exists today.<br />

Section 1.11 <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Official Plan states:<br />

A severance to create a new non-farm lot may be permitted for infilling purposes,<br />

provided Council is satisfied that the lot to be created and the proposed retained farm<br />

lot comply with the following polices:<br />

i) infilling will be limited to the creation <strong>of</strong> one residential lot between two<br />

existing non-farm residences which are on separate lots <strong>of</strong> a similar size and<br />

41


which are situated on the same side <strong>of</strong> the road and are not more than 61<br />

metres apart;<br />

ii)<br />

iii)<br />

iv)<br />

only one non-farm single-detached residential lot will be permitted to be<br />

severed from an original farm lot;<br />

the proposed non-farm single-detached dwelling lot meets the requirements <strong>of</strong><br />

the Province, the County, the Health Unit and the <strong>Municipality</strong> regarding water<br />

supply and sewage disposal;<br />

the proposed non-farm single-detached dwelling is located in compliance with<br />

the Minimum Distance Separation formulae; and<br />

v) the proposed non-farm single-detached dwelling lot has direct access to an<br />

improved year round public road and the access does not result in traffic<br />

hazards due to poor sight lines or proximity to an intersection.<br />

Provincial Policy Statement 2005<br />

Section 2.3.1 <strong>of</strong> the 2005 Provincial Policy Statement states that Prime Agricultural areas<br />

shall be protected for long-term use for agriculture.<br />

Further, Section 2.3.4.1 <strong>of</strong> the Provincial Policy Statement indicates the following:<br />

Lot Creation in prime agricultural areas is discouraged and may be permitted for:<br />

c) a residence surplus to a farming operation as a result <strong>of</strong> farm consolidation<br />

provided that the planning authority ensures that new residential dwellings are<br />

prohibited on any vacant remnant parcel <strong>of</strong> farmland created by severance. <strong>The</strong><br />

approach used to ensure that no new residential dwellings are permitted on the<br />

remnant parcel may be recommended by the Province, or based on municipal<br />

approaches which achieve the same objective: and<br />

<strong>The</strong> 2005 Provincial Policy Statement defines “residence surplus to a farming operation as<br />

” an existing farm residence that is rendered surplus as a result <strong>of</strong> farm consolidation<br />

(the acquisition <strong>of</strong> additional farm parcels to be operated as one farm operation).<br />

Finally, Section 2.3.3.3 states:<br />

“New land uses, including the creation <strong>of</strong> lots, and new and expanding livestock<br />

facilities shall comply with the minimum distance separation formulae.”<br />

<strong>The</strong> 1997 Provincial Policy Statement, on which the present Official Plan policies were<br />

based and which has been superseded by the 2005 Policy Statement, provided the following<br />

with respect to the creation <strong>of</strong> new residential lots:<br />

Lot Creation in prime agricultural Areas is generally discouraged and will be<br />

permitted only in the following situations:<br />

42


(a) new lots for residential uses may be permitted for :<br />

1. a farm retirement lot;<br />

2. a residence surplus to a farming operation; and<br />

3. residential infilling.<br />

Mr. Brad Zantingh is part owner <strong>of</strong> numerous agricultural and agriculture related companies<br />

such as JN Ventures Limited and BPS Ventures Inc. which have a land holding in excess <strong>of</strong><br />

1,000 acres as well as extensive animal operations. Mr. Zantingh resides on another<br />

property and has no use for the dwelling on the subject lands. As a result he would like to<br />

dispose <strong>of</strong> it. This would be permitted by the 2005 Provincial Policy Statement, but not the<br />

<strong>Lambton</strong> <strong>Shores</strong> Official Plan which has not been updated to reflect the 2005 Policy<br />

Statement.<br />

<strong>The</strong> Policy Statement requires that the retained farm parcel be zoned to prohibit the<br />

construction <strong>of</strong> a new farm dwelling on the lands. <strong>The</strong> applicant has applied for a zoning<br />

amendment to prohibit a new dwelling on the farm parcel.<br />

As well, the Provincial Policy Statement requires that the creation <strong>of</strong> a lot for surplus<br />

dwelling comply with the Minimum Distance Separation Formulae (MDS). Currently, Mr.<br />

Zantingh operates a hog operation on the existing property in the existing barns. He intends<br />

on discontinuing the operation if the Official Plan and Zoning By-law amendments are<br />

approved and phase out the operation after the approval is in place. <strong>The</strong> zoning on the<br />

remnant farm parcel will prohibit the use <strong>of</strong> the existing barns for an animal operation.<br />

In order to ensure that the animal operation is terminated prior to the new surplus dwelling<br />

lot being created, I would recommend that the actual <strong>of</strong>ficial plan and zoning amendments<br />

prescribe that no lot creation can occur until the animal operation has ceased and the<br />

manure storage facilities are removed. This will result in any consent approval being subject<br />

to this condition.<br />

A horse riding stable exists on lands at the corner <strong>of</strong> Ravenswood Line and Northville Road.<br />

According to information in the municipal property file, the stable houses approximately 22<br />

horses and 10 cows. <strong>The</strong> Minimum Distance Separation Formulae (MDS) requires the horse<br />

stable provide a minimum separation from adjacent residential uses <strong>of</strong> 42 metres. <strong>The</strong><br />

surplus farm dwelling subject <strong>of</strong> this application is more 260 metres from the closest building<br />

on the lands, which is the riding arena portion <strong>of</strong> the operation.<br />

<strong>The</strong> Ausable Bayfield Conservation Authority advises that part <strong>of</strong> the property is subject to<br />

flooding and are regulated under the Authority’s Development Interference with Wetlands<br />

and Alteration to Shorelines and Watercourses Regulation 147/06. <strong>The</strong> property has been<br />

identified as hazardous due to the flooding and erosion characteristics <strong>of</strong> the adjacent<br />

Golden Creek Drainage works. <strong>The</strong> available information indicates that part <strong>of</strong> the proposed<br />

lot is not safe due to flooding. A dwelling however pre-exists on the lot and is entirely located<br />

within the floodplain and it is noted from review <strong>of</strong> available information that there is<br />

sufficient land on the proposed lot, outside <strong>of</strong> the identified floodplain to accommodate any<br />

future development, including a vehicular access. As a result the Authority does not object<br />

to the requested Official Plan and Zoning By-law amendments.<br />

43


-5-<br />

PART B – THE AMENDMENT<br />

Introduction<br />

All <strong>of</strong> this part <strong>of</strong> the document entitled Part B - <strong>The</strong> Amendment, consisting <strong>of</strong> the following<br />

text and attached map, designated Schedule “A” (Land Use Plan), constitutes Amendment<br />

No. 35 to the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />

Details <strong>of</strong> the Amendment<br />

<strong>The</strong> following amendments affect lands shown on Schedule “A” to this Amendment.<br />

Section 1.11(e) <strong>of</strong> the Official Plan for the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> is hereby<br />

amended by adding the following to Section 1.11(e) after section (xiv)<br />

; and<br />

(xvii) North Part <strong>of</strong> Lot 19 and south Part <strong>of</strong> Lot 20, Concession 6, geographic Township<br />

<strong>of</strong> Bosanquet, and known municipally as 8903 Northville Road a lot may be<br />

severed from the farm to accommodate a residence surplus to a farming<br />

operation as a result <strong>of</strong> a farm consolidation, subject to Sections 1.11e) i) to iv)<br />

and the following provisions;<br />

a) the animal operation existing in the existing barns on the property is<br />

discontinued: and<br />

b) the manure storage is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

Implementation and Interpretation<br />

<strong>The</strong> implementation and interpretation <strong>of</strong> this amendment shall be in accordance with the<br />

respective policies <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />

44


-6-<br />

45


-7-<br />

PART C - THE APPENDIX<br />

<strong>The</strong> following appendix does not constitute part <strong>of</strong> Amendment No. 32 but is included as<br />

information supporting the amendment.<br />

APPENDIX 1........................................Planner’s Report No. 37 <strong>of</strong> 2012- October 30, 2012<br />

APPENDIX 2.........................................Minutes <strong>of</strong> Public Meeting – November 5, 2012<br />

46


APPENDIX 1<br />

THE MUNCIPALITY OF LAMBTON SHORES<br />

PL Report No. 37-2012 Tuesday, October 30, 2012<br />

TO:<br />

FROM:<br />

RE:<br />

Mayor Weber and Members <strong>of</strong> Council<br />

Patti Richardson, Senior Planner<br />

OFFICIAL PLAN AMENDMENT APPLICATION OP-05/2012<br />

ZONING BY-LAW AMENDMENT APPLICATION ZO-09/2012<br />

LOCATION: 8903 Northville Road<br />

OWNER: Brad Zantingh Ltd.<br />

RECOMMENDATION:<br />

That Official Plan Amendment Application OP-05/2012 submitted by<br />

Brad Zantingh Ltd. requesting an amendment to the <strong>Lambton</strong> <strong>Shores</strong><br />

Official Plan as it relates to lands known as 8903 Northville Road, to<br />

allow the creation <strong>of</strong> a new non-farm dwelling lot for a dwelling which<br />

is surplus to a farming operation as result <strong>of</strong> a farm consolidation be<br />

APPROVED subject to the amendment containing provisions which<br />

do not permit a surplus dwelling lot to be created until:<br />

i) the animal operation existing in the existing barns on the<br />

property is discontinued: and<br />

ii)<br />

the manure storage is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

That Zoning By-law Amendment Application ZO-09/2012,<br />

submitted by Brad Zantingh Ltd., requesting an amendment to the<br />

<strong>Lambton</strong> <strong>Shores</strong> Zoning By-law 1 <strong>of</strong> 2003 as it relates to lands known<br />

as 8903 Northville Road to to allow the creation <strong>of</strong> a new non-farm<br />

dwelling lot for a dwelling which is surplus to a farming operation as<br />

result <strong>of</strong> a farm consolidation be APPROVED subject to the new<br />

zoning on the property:<br />

a) prohibiting the construction <strong>of</strong> a new dwelling on the remnant<br />

farm parcel after the severance <strong>of</strong> the surplus dwelling;<br />

b) allowing the remnant farm parcel to have a lot area <strong>of</strong> 29.3<br />

hectares (72.4 acres); and<br />

c) prohibiting animal operations from being located in the in the<br />

existing agricultural buildings on the remnant farm parcel; and<br />

d) prohibiting the creation <strong>of</strong> a surplus farm dwelling lot until:<br />

47


i) the animal operation existing in the existing barns on the<br />

property is discontinued:<br />

ii) the manure storage on the property is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

_____________________________________________________________________<br />

REPORT<br />

Summary <strong>of</strong> the Application<br />

<strong>The</strong> Applicant, Brad Zantingh Ltd., is requesting:<br />

Official Plan Amendment Application<br />

an amendment to the “Agricultural” policies in the <strong>Lambton</strong> <strong>Shores</strong> Official Plan to permit the<br />

creation <strong>of</strong> a new 0.8 hectare non-farm dwelling lot for a dwelling which is surplus to a farming<br />

operation as a result <strong>of</strong> a farm consolidation.<br />

Zoning By-law Amendment Application<br />

an amendment to the “Agricultural 1 (A1)” zone in Zoning By-law 1 <strong>of</strong> 2003, as it affects the<br />

remnant farm parcel to:<br />

a) prohibit the construction <strong>of</strong> a new dwelling on the farm parcel after the severance <strong>of</strong> the<br />

surplus dwelling;<br />

b) have a lot area <strong>of</strong> approximately 29.3 hectares (72.4 acres); and<br />

c) prohibit animal operations from being located in the in the existing agricultural buildings.<br />

<strong>The</strong> applications are being proposed in order to allow the existing farm dwelling and<br />

accessory building (carport) to be severed from the farm parcel and sold as a non-farm<br />

dwelling. <strong>The</strong> proposed severed dwelling is excess to the owner’s needs as he resides on<br />

another property.<br />

Location<br />

<strong>The</strong> subject lands are located on the west side <strong>of</strong> Northville Road, just south <strong>of</strong> Ravenswood<br />

Line (see map Attachment 1). <strong>The</strong> lands are occupied by a dwelling and associated carport<br />

as well as number <strong>of</strong> livestock barns, manure storage and grain storage bin. <strong>The</strong> lands have<br />

frontage <strong>of</strong> approximately 307 metres (1,000 ft.) and a lot area <strong>of</strong> 30.2 hectares (74.6 acres).<br />

Surrounding lands are under cultivation. A horse riding stable exists on lands at the corner <strong>of</strong><br />

Ravenswood Line and Northville Road.<br />

Correspondence<br />

A letter has been received from Corrine Nauta, Chief Building Official and Manager <strong>of</strong><br />

Building Services, County <strong>of</strong> <strong>Lambton</strong> (See Attachment 2), advising that the 2 acre lot size<br />

proposed for the surplus dwelling is acceptable as it meets the Ministry <strong>of</strong> the Environments<br />

reasonable use guidelines for septic systems on clay soils. Further, the County records<br />

indicate that a septic system was installed on 48 the property in 1985 with a permit. Information


in the permit file indicates that the system installed in 1985 generally conforms to the Ontario<br />

Building Code, Part 8 requirements for septic systems. <strong>The</strong> County undertook a site<br />

inspection to verify that the septic system was operating in an effective and efficient manner<br />

and they advise that there was no evidence <strong>of</strong> sewage/effluent/discharge on the ground. <strong>The</strong><br />

County advises that all distribution pipes are required to be located a minimum <strong>of</strong> 3 metres<br />

from any lot line.<br />

Ge<strong>of</strong>f Cade <strong>of</strong> the Ausable Bayfield Conservation Authority advises (see Attachment 3)<br />

that a portion <strong>of</strong> the subject lands are regulated under the Authority’s Development<br />

Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation<br />

147/06. <strong>The</strong> property has been identified as hazardous due to the flooding and erosion<br />

characteristics <strong>of</strong> the adjacent Golden Creek Drainage works. Portions <strong>of</strong> the proposed<br />

severed lot, including the location <strong>of</strong> the house, have been identified as subject to flooding<br />

under a Regional Storm event. <strong>The</strong> Provincial Policy Statement and Authority policy does not<br />

support the creation <strong>of</strong> new lots (development) in areas that are subject to flooding.(See Map,<br />

Attachment 4)<br />

<strong>The</strong> Authority has difficulty with the ultimate severance sought and generally seeks a lot<br />

fabric which does not extend into hazardous areas. <strong>The</strong> creation <strong>of</strong> the lot presumes that the<br />

area is safe for development. <strong>The</strong> available information indicates that part <strong>of</strong> the proposed lot<br />

is not safe due to flooding. A dwelling however pre-exists on the lot and is entirely located<br />

within the floodplain and it is noted from review <strong>of</strong> available information that there is sufficient<br />

land on the proposed lot, outside <strong>of</strong> the identified floodplain to accommodate any future<br />

development, including a vehicular access. As a result the Authority does not object to the<br />

requested Official Plan and Zoning By-law amendments. As well, the Authority has no<br />

concerns with severance <strong>of</strong> this property, provided the boundaries <strong>of</strong> the proposed lot are<br />

consistent with those shown in the Official Plan and Zoning By-law Amendment Applications.<br />

Discussion<br />

<strong>The</strong> lands are currently designated “Agriculture”, “Significant Woodlot” and “Environmental<br />

Protection” in the <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />

<strong>The</strong> “Significant Woodlot” designation affects the rear portion <strong>of</strong> the lands which are covered<br />

by a woodlot, and forms part <strong>of</strong> a larger woodlot on adjacent properties. It is the intent <strong>of</strong> the<br />

Official Plan that woodlots are protected, however some harvesting is permitted incompliance<br />

with good forestry practices.<br />

<strong>The</strong> “Environmental Protection and Hazard” designation which traverses the front and the<br />

midsection <strong>of</strong> the property coincide with the Golden Creek Drain and those associated areas<br />

identified as hazardous due to the flooding and erosion.<br />

<strong>The</strong> balance <strong>of</strong> the lands are designated “Agriculture”. <strong>The</strong> primary use <strong>of</strong> lands located<br />

within the “Agricultural” designation include the growing <strong>of</strong> crops, including nursery and<br />

horticultural crops; raising <strong>of</strong> livestock and other animals for food, or fur, including poultry and<br />

fish; aquaculture; agro-forestry; maple syrup production; and associated on-farm buildings<br />

and structures including accessory farm dwellings<br />

<strong>The</strong> Official Plan indicates that the minimum lot size for agricultural uses shall generally be 40<br />

49


hectares. <strong>The</strong> proposed retained farm parcel will have a lot area <strong>of</strong> 29.3 hectares (72.4<br />

acres). <strong>The</strong> farm parcel as it exists today does not meet the minimum lot area policy in the<br />

Official Plan. After the severance <strong>of</strong> the surplus farm dwelling, the surplus farm dwelling lot<br />

will be only marginally smaller than exists today. I have no concerns with the remnant farm<br />

parcel size<br />

Section 1.11 <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Official Plan states:<br />

A severance to create a new non-farm lot may be permitted for infilling purposes,<br />

provided Council is satisfied that the lot to be created and the proposed retained farm<br />

lot comply with the following polices:<br />

i) infilling will be limited to the creation <strong>of</strong> one residential lot between two existing<br />

non-farm residences which are on separate lots <strong>of</strong> a similar size and which are<br />

situated on the same side <strong>of</strong> the road and are not more than 61 metres apart;<br />

ii)<br />

iii)<br />

iv)<br />

only one non-farm single-detached residential lot will be permitted to be severed<br />

from an original farm lot;<br />

the proposed non-farm single-detached dwelling lot meets the requirements <strong>of</strong><br />

the Province, the County, the Health Unit and the <strong>Municipality</strong> regarding water<br />

supply and sewage disposal;<br />

the proposed non-farm single-detached dwelling is located in compliance with<br />

the Minimum Distance Separation formulae; and<br />

v) the proposed non-farm single-detached dwelling lot has direct access to an<br />

improved year round public road and the access does not result in traffic<br />

hazards due to poor sight lines or proximity to an intersection.<br />

Provincial Policy Statement 2005<br />

Section 2.3.1 <strong>of</strong> the 2005 Provincial Policy Statement states that Prime Agricultural areas<br />

shall be protected for long-term use for agriculture.<br />

Further, Section 2.3.4.1 <strong>of</strong> the Provincial Policy Statement indicates the following:<br />

Lot Creation in prime agricultural areas is discouraged and may be permitted for:<br />

d) a residence surplus to a farming operation as a result <strong>of</strong> farm consolidation<br />

provided that the planning authority ensures that new residential dwellings are<br />

prohibited on any vacant remnant parcel <strong>of</strong> farmland created by severance. <strong>The</strong><br />

approach used to ensure that no new residential dwellings are permitted on the<br />

remnant parcel may be recommended by the Province, or based on municipal<br />

approaches which achieve the same objective: and<br />

<strong>The</strong> 2005 Provincial Policy Statement defines “residence surplus to a farming operation as<br />

” an existing farm residence that is rendered surplus as a result <strong>of</strong> farm consolidation<br />

(the acquisition <strong>of</strong> additional farm parcels to be operated as one farm operation).<br />

50


Finally, Section 2.3.3.3 states:<br />

“New land uses, including the creation <strong>of</strong> lots, and new and expanding livestock<br />

facilities shall comply with the minimum distance separation formulae.”<br />

<strong>The</strong> 1997 Provincial Policy Statement, on which the present Official Plan policies were based<br />

and which has been superseded by the 2005 Policy Statement, provided the following with<br />

respect to the creation <strong>of</strong> new residential lots:<br />

Lot Creation in prime agricultural Areas is generally discouraged and will be permitted<br />

only in the following situations:<br />

(b) new lots for residential uses may be permitted for :<br />

4. a farm retirement lot;<br />

5. a residence surplus to a farming operation; and<br />

6. residential infilling.<br />

Mr. Brad Zantingh is part owner <strong>of</strong> numerous agricultural and agriculture related companies<br />

such as JN Ventures Limited and BPS Ventures Inc. which have a land holding in excess <strong>of</strong><br />

1,000 acres as well as extensive animal operations. Mr. Zantingh resides on another<br />

property and has no use for the dwelling on the subject lands. As a result he would like to<br />

dispose <strong>of</strong> it. This would be permitted by the 2005 Provincial Policy Statement, but not the<br />

<strong>Lambton</strong> <strong>Shores</strong> Official Plan which has not been updated to reflect the 2005 Policy<br />

Statement.<br />

<strong>The</strong> Policy Statement requires that the retained farm parcel be zoned to prohibit the<br />

construction <strong>of</strong> a new farm dwelling on the lands. <strong>The</strong> applicant has applied for a zoning<br />

amendment to prohibit a new dwelling on the farm parcel.<br />

As well, the Provincial Policy Statement requires that the creation <strong>of</strong> a lot for surplus dwelling<br />

comply with the Minimum Distance Separation Formulae (MDS). Currently, Mr. Zantingh<br />

operates a hog operation on the existing property in the existing barns. He intends on<br />

discontinuing the operation if the Official Plan and Zoning By-law amendments are approved<br />

and phase out the operation after the approval is in place. <strong>The</strong> zoning on the remnant farm<br />

parcel will prohibit the use <strong>of</strong> the existing barns for an animal operation.<br />

In order to ensure that the animal operation is terminated prior to the new surplus dwelling lot<br />

being created, I would recommend that the actual <strong>of</strong>ficial plan and zoning amendments<br />

prescribe that no lot creation can occur until the animal operation has ceased and the manure<br />

storage facilities are removed. This will result in any consent approval being subject to this<br />

condition.<br />

A horse riding stable exists on lands at the corner <strong>of</strong> Ravenswood Line and Northville Road.<br />

According to information in the municipal property file, the stable houses approximately 22<br />

horses and 10 cows. <strong>The</strong> Minimum Distance Separation Formulae (MDS) requires the horse<br />

stable provide a minimum separation from adjacent residential uses <strong>of</strong> 42 metres. <strong>The</strong><br />

surplus farm dwelling subject <strong>of</strong> this application is more 260 metres from the closest building<br />

on the lands, which is the riding arena portion <strong>of</strong> the operation.<br />

51


<strong>The</strong> Ausable Bayfield Conservation Authority advises that part <strong>of</strong> the property is subject to<br />

flooding and are regulated under the Authority’s Development Interference with Wetlands and<br />

Alteration to Shorelines and Watercourses Regulation 147/06. <strong>The</strong> property has been<br />

identified as hazardous due to the flooding and erosion characteristics <strong>of</strong> the adjacent Golden<br />

Creek Drainage works. <strong>The</strong> available information indicates that part <strong>of</strong> the proposed lot is not<br />

safe due to flooding. A dwelling however pre-exists on the lot and is entirely located within the<br />

floodplain and it is noted from review <strong>of</strong> available information that there is sufficient land on<br />

the proposed lot, outside <strong>of</strong> the identified floodplain to accommodate any future development,<br />

including a vehicular access. As a result the Authority does not object to the requested<br />

Official Plan and Zoning By-law amendments.<br />

Zoning<br />

<strong>The</strong> subject lands are zoned “Agricultural 1 (A1)”, “Environmental Protection - Woodlot (EP-<br />

WD)” and “Environmental Protection - Hazard (EP-H)” in the <strong>Lambton</strong> <strong>Shores</strong> Zoning By-law.<br />

<strong>The</strong> “Environmental Protection - Woodlot (EP-WD)” zone affects the rear portion <strong>of</strong> the lands<br />

which are occupied by a woodlot.<br />

<strong>The</strong> “Environmental Protection - Hazard (EP-H) Zone” traverses the front and the midsection<br />

<strong>of</strong> the property and coincides with the Golden Creek Drain and those associated areas<br />

identified as hazardous due to the flooding and erosion. <strong>The</strong> existing dwelling is located<br />

within in this zone.<br />

<strong>The</strong> balance <strong>of</strong> the lands are zoned “Agricultural 1 (A1)”. <strong>The</strong> predominant permitted use in<br />

this zone is agriculture and associated buildings and structures.<br />

<strong>The</strong> “A1” zone requires that a farm parcel have a minimum lot area <strong>of</strong> 38 hectares and a<br />

minimum lot frontage <strong>of</strong> 150 metres. <strong>The</strong> lands which are to be retained in agricultural use<br />

will have a lot area <strong>of</strong> 29.3 hectares (72.4 acres) and a lot frontage <strong>of</strong> approximately 170<br />

metres (560 feet). <strong>The</strong> lot frontage complies with the by-law, but the lot area id deficient. Any<br />

zoning placed on the remnant farm parcel should recognise the deficient frontage. <strong>The</strong> “A1”<br />

zoning on these lands permits an accessory farm dwelling as a permitted use. <strong>The</strong> zoning on<br />

the remnant farm parcel will be amended to prohibit the construction <strong>of</strong> a new non-farm<br />

dwelling as is required by the Provincial Policy Statement.<br />

<strong>The</strong> Agricultural 1 (A1) Zone requires that a non-farm dwelling lot have a minimum lot area <strong>of</strong><br />

0.8 hectares and a minimum lot frontage <strong>of</strong> 45 metres. <strong>The</strong> surplus dwelling lot is proposed<br />

to have a lot area <strong>of</strong> approximately 0.82 hectares and a lot frontage <strong>of</strong> 134 metes and thus<br />

complies with the minimums established in the “A1” zone.<br />

Servicing<br />

<strong>The</strong> proposed non-farm residential lot is serviced by a private septic system and municipal<br />

water. Corrine Nauta, Chief Building Official and Manager <strong>of</strong> Building Services, County<br />

<strong>of</strong> <strong>Lambton</strong>, advises that the 2 acre lot size proposed for the surplus dwelling is acceptable<br />

as it meets the Ministry <strong>of</strong> the Environments reasonable use guidelines for septic systems on<br />

clay soils. Further, she advises the County records indicate that a septic system was installed<br />

on the property in 1985 with a permit. Information in the permit file indicates that the system<br />

52


installed in 1985 generally conforms to Part 8 <strong>of</strong> the Ontario Building Code which are the<br />

requirements for septic systems. <strong>The</strong> County undertook a site inspection to verify that the<br />

septic system was operating in an effective and efficient manner and they advise that there<br />

was no evidence <strong>of</strong> sewage /effluent/discharge on the ground.<br />

Summary<br />

In light <strong>of</strong> the above, I can recommend that these applications be approved, subject to the<br />

Official Plan and Zoning containing the policies and regulations outlined in the<br />

recommendation section <strong>of</strong> this report, as they are consistent with the Provincial Policy<br />

Statement.<br />

Respectfully submitted<br />

Patti L. Richardson<br />

Senior Planner<br />

53


OFFICIAL PLAN AMENDMENT APPLICATION OP-052012<br />

ZONING BY-LAW AMENDMENT APPLICATION ZO-09/2012<br />

LOCATION: 8903 Northville Road<br />

OWNER: Brad Zantingh Ltd.<br />

ATTACHMENT 1<br />

54


ATTACHMENT 2<br />

BUILDING SERVICES DEPARTMENT<br />

DATE: October 26, 2012<br />

789 Broadway Street, Box 3000<br />

Wyoming, ON N0N 1T0<br />

Telephone: (519) 845-0801<br />

Toll-free: 1-866-324-6912<br />

Fax: (519) 845-3817<br />

www.lambtononline.ca<br />

REPORT<br />

TO:<br />

Committee <strong>of</strong> Adjustment<br />

FROM: Corrine Nauta – Manager, Building Services<br />

CC:<br />

RE:<br />

Patti Richardson – Senior Planner – <strong>Lambton</strong> <strong>Shores</strong><br />

Zantingh - 8903 Northville Road - ZO-09/2012<br />

Zoning By-Law Amendment<br />

I have reviewed the above noted application and provide the following comments for your consideration. <strong>The</strong><br />

proposed lot size <strong>of</strong> 2 acres is acceptable to this Department with respect to the Ministry <strong>of</strong> the Environment<br />

“Reasonable Use’ guidelines for the 1 acre requirement in sandy soils and 2 acres in clay soils. <strong>The</strong> retained<br />

portion meets the guidelines and this Department has no concerns with the same.<br />

<strong>The</strong>re are records in our possession for 8903 Northville Road. <strong>The</strong> permit number and installation date is SL-<br />

184-85 (1985), respectively which confirms the septic system on this property. <strong>The</strong> septic system generally<br />

conforms to the Ontario Building Code, Part 8, as required.<br />

A site inspection has been conducted to ensure that the septic system is operating in an efficient and effective<br />

manner. <strong>The</strong>re is no evidence <strong>of</strong> sewage effluent/discharge on the ground.<br />

<strong>The</strong> only comment to be made is that all distribution piping shall meet the property line setback <strong>of</strong> 10 feet in all<br />

directions.<br />

This Department has no concerns with respect to the zoning by-law amendment, as proposed.<br />

If you require any further information, please contact this <strong>of</strong>fice.<br />

55


56<br />

ATTACHMENT 3


59<br />

ATTACHMENT 4


THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />

BY-LAW 126 OF 2012<br />

Being a By-law to amend By-law 1 <strong>of</strong> 2003<br />

WHEREAS the Council <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> passed a<br />

comprehensive Zoning By-law 1 <strong>of</strong> 2003 on the 4th day <strong>of</strong> February, 2003; and<br />

WHEREAS Council deems it desirable to amend the said By-law; and<br />

WHEREAS a public meeting was held on June 4, 2012 under Section 34(12) <strong>of</strong> the Planning<br />

Act, R.S.O., 1990;<br />

NOW THEREFORE, the Council <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

enacts as follows:<br />

1. That Schedule "A" attached hereto (being a description <strong>of</strong> the lands affected by this<br />

By-law) is hereby declared to form part <strong>of</strong> this By-law.<br />

2. Section 5.5 <strong>of</strong> By-law 1 <strong>of</strong> 2003 is hereby amended by adding the following thereto:<br />

bbb)<br />

Exception 54 to the Agricultural - 1 Zone<br />

Notwithstanding any other provisions <strong>of</strong> this By-law to the contrary, on lands<br />

zoned Agricultural 1.54 (A1-54) on Schedule “A-1” to this By-law, and<br />

described as the North Part <strong>of</strong> Lot 19 and South Part <strong>of</strong> Lot 20, Concession<br />

6, geographic Township <strong>of</strong> Bosanquet, the following additional provisions<br />

shall apply<br />

a) No dwelling <strong>of</strong> any kind shall be permitted.<br />

b) Lot Area (minimum): <strong>of</strong> 29.3 hectares; and<br />

c) No animal operation shall be permitted in the existing<br />

buildings on the lands<br />

d) No surplus farm dwelling lot can be created until:<br />

i) the animal operation existing in the existing barns on the<br />

property is discontinued:<br />

ii) the manure storage on the property is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

ccc)<br />

Exception 55 to the Agricultural - 1 Zone<br />

60


Notwithstanding any other provisions <strong>of</strong> this By-law to the contrary,<br />

on lands zoned Agricultural 1.55 (A1-55) on Schedule “A-1” to this<br />

By-law and known municipally as 8903 Northville Road, no<br />

surplus farm dwelling lot can be created until:<br />

i) the animal operation existing in the existing barns on the<br />

property is discontinued: and<br />

ii) the manure storage on the property is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

3. Schedule ‘A-1’ to Zoning By-law 1 <strong>of</strong> 2003 is hereby amended by changing the<br />

zone symbol that applies to those lands as indicated on Schedule ‘A’ to this By-law<br />

from the:<br />

“AGRICULTURAL- 1- (A1)”<br />

to the<br />

“AGRICULTURAL 1.54 (A1-54)”<br />

And<br />

“AGRICULTURAL 1.55- (A1-55)”<br />

4. This By-law shall come into force and effect pursuant to Section 34(21) or Section<br />

34(30) <strong>of</strong> the Planning Act, R.S.O. 1990.<br />

Read a First and Second Time This 19 th Day <strong>of</strong> November, 2012.<br />

READ A THIRD TIME AND FINALLY PASSED THIS 19 th DAY OF NOVEMBER, 2012.<br />

______________________<br />

MAYOR – Bill Weber<br />

_______________________<br />

CLERK – Carol McKenzie<br />

61


MUNICIPALITY OF LAMBTON SHORES<br />

ZONING BY-LAW 126 OF 2012<br />

Explanatory Note<br />

<strong>The</strong> purpose <strong>of</strong> this zoning by-law amendment is to change the Agricultural 1 (A1) zoning on<br />

the lands described as the North Part <strong>of</strong> Lot 19 and South Part <strong>of</strong> Lot 20, Concession 6,<br />

geographic Township <strong>of</strong> Bosanquet, and known municipally as 8903 Northville Road:<br />

a) an Agricultural A1.54 (A1-54) Zone on the remnant farm parcel to:<br />

i) prohibit the construction <strong>of</strong> a new dwelling on the remnant farm parcel after the<br />

severance <strong>of</strong> the surplus dwelling;<br />

ii) allow the remnant farm parcel to have a lot area <strong>of</strong> 29.3 hectares<br />

iii) prohibit animal operations in the existing buildings on the lands<br />

iv) prohibit the creation <strong>of</strong> a surplus farm dwelling lot until:<br />

<br />

<br />

the animal operation existing in the existing barns on the property<br />

is discontinued:<br />

the manure storage on the property is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

b) an Agricultural A1.55 (A1-55) Zone on the surplus dwelling lot prohibit the<br />

creation <strong>of</strong> a surplus farm dwelling lot until:<br />

<br />

<br />

the animal operation existing in the existing barns on the property is<br />

discontinued:<br />

the manure storage on the property is removed<br />

to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

<strong>The</strong> lands are also subject <strong>of</strong> an Official Plan Amendment Application (OP-05/2012) which<br />

has been considered by Council and approved, to allow the creation <strong>of</strong> a new non-farm<br />

residential dwelling lot for a dwelling which is surplus to a farming operation.<br />

63


THE MUNCIPALITY OF LAMBTON SHORES<br />

PL Report No. 39-2012 Wednesday, November 14, 2012<br />

TO:<br />

FROM:<br />

RE:<br />

Mayor Weber and Members <strong>of</strong> Council<br />

Patti Richardson, Senior Planner<br />

Severance Agreement Between Bradley C. Oke Developments Inc. and<br />

the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

- Consent Applications B-15/2012<br />

RECOMMENDATION<br />

That Council pass a By-law authorizing the execution <strong>of</strong> a<br />

Severance Agreement between Bradley C. Oke Developments<br />

Inc. and the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

as it relates to lands located on the west side <strong>of</strong> Highway 21<br />

between Beach O’Pines Road and Jennison Crescent and<br />

described as Part <strong>of</strong> Lot 7, Lake Road West Concession,<br />

geographic Township <strong>of</strong> Bosanquet, <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong> more particularly described as PARTS 1 to 8, PLAN<br />

25R9881.<br />

______________________________________________________________________<br />

REPORT<br />

Staff has been working with Rob Panzer, Mr. Oke’s Agent to finalize an approved<br />

consent application which provides for the creation a new single detached dwelling lot,<br />

which fronts on Highway 21, and 7 parts <strong>of</strong> lots which are to be conveyed to adjacent<br />

lots on Beach O’Pines Road and Jennison Crescent.<br />

In order to satisfy the conditions <strong>of</strong> the consent approvals, Mr. Oke must enter into a<br />

severance agreement with the <strong>Municipality</strong>. <strong>The</strong> Severance Agreement for the proposed<br />

development is now prepared and ready for Council to authorize its execution. <strong>The</strong><br />

severance agreement contains provisions addressing those conditions placed on the<br />

consent approvals by the Committee <strong>of</strong> Adjustment (see Attachment 2). Specifically the<br />

agreement addresses the installation <strong>of</strong> a septic system and a water service and the<br />

preservation <strong>of</strong> the natural environment on the lands.<br />

I recommend that Council authorize by By-law the execution <strong>of</strong> a Severance Agreement<br />

between Bradley C. Oke Developments Inc. and the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong><br />

<strong>Lambton</strong> <strong>Shores</strong>.<br />

Respectfully submitted<br />

Patti L. Richardson, Senior Planner 65


66<br />

ATTACHMENT 1


ATTACHMENT 2<br />

DECISION OF THE COMMITTEE OF ADJUSTMENT<br />

MUNICIPALITY OF LAMBTON SHORES<br />

FILE # B-15/2012<br />

NOTICE<br />

LAST DAY OF APPEAL IS SEPTEMBER 17 TH , 2012<br />

In the matter <strong>of</strong> an application under Section 53 <strong>of</strong> <strong>The</strong> Planning Act, R.S. O. 1990, c.P. 13, as<br />

amended, as it affects the property on:<br />

Plan 25R9881, Part Lot 7, Concession LRW, Lakeshore Road, Grand Bend.<br />

As made by Rob Panzer, Agent for Brad Oke, <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>, for consent to<br />

sever several parcels <strong>of</strong> land, as described in the application and shown on a sketch, both <strong>of</strong><br />

which are available for viewing at the Municipal Office.<br />

DECISION:<br />

Consent is granted.<br />

CONDITIONS:<br />

1. That the severed lands be consolidated with and conveyed in the same name and<br />

interest as the adjacent lands, subject to Section 3 or 5 <strong>of</strong> Section 50 <strong>of</strong> <strong>The</strong> Planning<br />

Act, R.S.O. 1990, applying to any subsequent transactions involving the severed<br />

parcel.<br />

2. That a new water service be installed for PART 1, PLAN 25R9881.<br />

3. That Zoning By-law Amendment Application ZO-06/2012 become final and binding.<br />

4. That the Owner enter into a subdivision agreement with the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong> to satisfy all requirements <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>, which shall<br />

include, but not limited to:<br />

a) the preservation <strong>of</strong> the natural vegetation on the lands; and<br />

b) the sewage system installed on PART 1, PLAN 25R9881 being a tertiary<br />

treatment unit as approved in the Ontario Building Code and that the tertiary<br />

treatment systems required for the lots be installed and maintained in<br />

compliance with and subject to the satisfaction <strong>of</strong> the County <strong>of</strong> <strong>Lambton</strong>.<br />

Members concurring in the above ruling:<br />

D. Brooks D. Burr D. Cook M. Gilpin D. Hale<br />

67


THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />

BY-LAW 124 OF 2012<br />

Being a By-law to Authorize a Severance Agreement with<br />

Bradley C. Oke Developments Inc.<br />

WHEREAS it is deemed desirable that <strong>The</strong> Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong> enter into a Severance Agreement with Between Bradley C. Oke Developments<br />

Inc. as it relates to lands located on the west side <strong>of</strong> Highway 21 between Beach O’Pines<br />

Road and Jennison Crescent and described as Part <strong>of</strong> Lot 7, Lake Road West<br />

Concession, geographic Township <strong>of</strong> Bosanquet, <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> more<br />

particularly described as PARTS 1 to 8, PLAN 25R9881.<br />

NOW THEREFORE the Municipal Council <strong>of</strong> <strong>The</strong> Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong><br />

<strong>Lambton</strong> <strong>Shores</strong> enacts as follows:<br />

1. <strong>The</strong> Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> is authorized to enter<br />

into a Severance Agreement with Between Bradley C. Oke Developments Inc.,<br />

in the form <strong>of</strong> the Agreement a copy <strong>of</strong> which is annexed to this By-law.<br />

2. <strong>The</strong> Mayor and Clerk are authorized to execute such agreement and to affix to<br />

it the Corporate Seal <strong>of</strong> <strong>The</strong> Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong>.<br />

3. This By-law comes into force and effect upon being finally passed.<br />

Read a FIRST and SECOND time this 19th th day <strong>of</strong> November, 2012.<br />

READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF NOVEMBER, 2012.<br />

_______________________<br />

MAYOR – Bill Weber<br />

_______________________<br />

CLERK – Carol McKenzie<br />

68


1<br />

THIS AGREEMENT made in quintuplicate the day <strong>of</strong> , 2012<br />

BETWEEN:<br />

BRADLEY C. OKE DEVELOPMENTS INC.<br />

(<strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> in the County <strong>of</strong> <strong>Lambton</strong>)<br />

(Hereinafter called the "Subdivider")<br />

OF THE FIRST PART<br />

AND<br />

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />

(Hereinafter called the "<strong>Municipality</strong>”)<br />

OF THE SECOND PART<br />

69


2<br />

RESIDENTIAL SEVERANCE AGREEMENT between BRADLEY C. OKE<br />

DEVELOPMENTS INC. and THE CORPORATION OF THE MUNICIPALITY OF<br />

LAMBTON SHORES<br />

I N D E X<br />

Paragraphs<br />

Page<br />

1. DEFINITIONS............................................................................................ 3<br />

2. INCONTESTABILITY................................................................................. 4<br />

3. SEPTIC SYSTEM REQUIREMENTS AND FUTURE<br />

CONNECTION TO MUNICIPAL SANITARY SEWER …………………… 4<br />

4. TREES AND VEGETATION ..................…….……………......................... 9<br />

5. PUBLIC SERVICES, PLANS AND SPECIFICATIONS................................ 9<br />

6. VEHICULAR ACCESS................................................................................ 9<br />

7. IMPACT ON DRAINAGE............................................................................. 9<br />

8. FINANCIAL ARRANGMENTS……..………………………………………….. 9<br />

9. PAYMENT OF RATES, TAXES AND LEVIES……………..……………….. 9<br />

10. DEVELOPMENT CHARGES………………………………………………….. 9<br />

11 INDEMNITY..................................…………………………………………….. 10<br />

12. SEVERANCE OF ULTRA VIRES TERMS…………………………………….. 10<br />

13. ASSIGNMENT …………………………………………………………………… 10<br />

14. AMENDMENT ……………………………………………………………………. 10<br />

15. NON-EXECUTION BY PARTIES……………………………………………… 10<br />

16. REGISTRATION OF AGREEMENT…………………………………………… 11<br />

I N D E X - 2<br />

Schedules<br />

Page<br />

"A"<br />

LEGAL DESCRIPTION OF THE LANDS AFFECTED BY<br />

THIS AGREEMENT………………….. …………........................................... 12<br />

“B” PLAN 25R9881............................................................................................ 13<br />

70


WHEREAS the Subdivider represents that it is the sole owner <strong>of</strong> those lands<br />

situated in the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>, in the County <strong>of</strong> <strong>Lambton</strong>, more particularly<br />

described in Schedule "A" attached.<br />

3<br />

AND WHEREAS the Subdivider is desirous <strong>of</strong> obtaining the final approval <strong>of</strong><br />

the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> for a consent application.<br />

AND WHEREAS the Committee <strong>of</strong> Adjustment has imposed as a condition <strong>of</strong><br />

giving its consent that the Subdivider enter into this Agreement with the <strong>Municipality</strong>, and<br />

register the Agreement on the title <strong>of</strong> the affected lands;<br />

AND WHEREAS Part <strong>of</strong> Lot 7, Lake Road West Concession, geographic<br />

Township <strong>of</strong> Bosanquet, <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> more particularly described as<br />

PARTS 1 to 8, PLAN 25R9881 is proposed to be severed into 7 parcels (PARTS 2-8) to be<br />

conveyed to adjacent property owners to become part <strong>of</strong> the adjacent lots and 1 detached<br />

dwelling lot (PART 1).<br />

AND WHEREAS the said development would be premature, would not be in<br />

the public interest, and would not be upon lands for which municipal services or private<br />

services acceptable to the <strong>Municipality</strong> are or would be available unless assurances were<br />

given by the Subdivider that the matters, services, works and things referred to in this<br />

agreement were done in the manner and in the order set out in this agreement;<br />

NOW THEREFORE THIS AGREEMENT WITNESSETH that for other<br />

valuable consideration and the sum <strong>of</strong> Two Dollars ($2.00) <strong>of</strong> lawful money <strong>of</strong> Canada,<br />

now paid by each <strong>of</strong> the parties hereto to the other at or before the execution <strong>of</strong> these<br />

presents (the receipt where<strong>of</strong> is hereby acknowledged) the parties hereto covenant and<br />

agree each with the other to comply with, keep, perform and be bound by each and every<br />

term, condition and covenant herein set out to the extent that the same are expressed to<br />

be respectively binding upon them, and the same shall ensure to the benefits <strong>of</strong> and shall<br />

be binding upon their respective heirs, executors, administrators, successors and assigns<br />

and for greater certainty it is specifically acknowledged and agreed that the burden <strong>of</strong> this<br />

agreement shall run with the said lands.<br />

1. DEFINITIONS<br />

<strong>The</strong> words and phrases defined in this paragraph shall, for all purposes <strong>of</strong> this<br />

Agreement, and <strong>of</strong> any subsequent agreement supplemental hereto, have the<br />

meanings herein specified unless the context expressly or by necessary implication<br />

otherwise requires.<br />

71


4<br />

(a)<br />

"Conservation Authority" shall mean the prevailing Conservation Authority<br />

for the area, and/or the Ministry <strong>of</strong> Natural Resources.<br />

(b)<br />

“Lands” means those lands described in Schedule "A" to this Agreement,<br />

upon which the Subdivider intends to create 7 parcels to be conveyed to<br />

adjacent property owners to become part <strong>of</strong> the adjacent lots and 1 detached<br />

dwelling lot in accordance with the "Plan", as shown in Schedule "B" to this<br />

Agreement.<br />

(c)<br />

“Plan” means Schedule "B” to this Agreement<br />

2. INCONTESTABILITY<br />

<strong>The</strong> Subdivider will not call into question directly or indirectly in any proceeding<br />

whatsoever in law or in equity or before any administrative or other tribunal, the right<br />

<strong>of</strong> the <strong>Municipality</strong> to enter into this Agreement and to enforce each and every term,<br />

covenant and condition there<strong>of</strong> and this provision may be used by the <strong>Municipality</strong><br />

in any such action or proceeding as a complete and conclusive estoppel <strong>of</strong> any<br />

denial <strong>of</strong> such right.<br />

3. SEPTIC SYSTEM REQUIREMENTS AND FUTURE CONNECTION TO<br />

MUNICIPAL SANITARY SEWERS<br />

PART 1, PLAN 25R9881, the detached dwelling lot is not served by municipal<br />

sanitary sewers. If at any time Municipal sanitary sewers are extended to PART 1,<br />

the owners <strong>of</strong> PART 1 will be required to connect any dwelling to the Municipal<br />

sanitary sewer system and pay all cost associated with the extension <strong>of</strong> the sanitary<br />

sewer to the lands including the connection costs or costs to upgrade the sewage<br />

treatment facility, to the satisfaction <strong>of</strong> the <strong>Municipality</strong>. Presently, however, PART<br />

1 is to be served by a private on-site sewage system. <strong>The</strong> Owner is responsible for<br />

obtaining all necessary sewage system permit approvals. <strong>The</strong> system to be installed<br />

on these lots is subject to the following provisions;<br />

(i) <strong>The</strong> sewage systems installed on PART 1 shall be “tertiary treatment<br />

units” as approved in the Ontario Building Code. <strong>The</strong> tertiary treatment systems<br />

required for PART 1 shall be installed and maintained incompliance with and<br />

subject to the following terms:<br />

(A)<br />

<strong>The</strong> sewage system envelope for PART 1 is required to contain<br />

sufficient area for a” tertiary treatment unit or an equivalent and a<br />

72


contingency area equivalent to the area required for a second<br />

treatment unit or 50 square metres, whichever area is greater.<br />

<strong>The</strong> contingency area is to be available in the event that the first<br />

system requires replacement or additional treatment capacity is<br />

required. <strong>The</strong> size and location <strong>of</strong> the sewage system envelope shall<br />

be determined in accordance with the Ontario Building Code and the<br />

manufacturer’s specifications. Under no circumstances shall any<br />

buildings or structures (i.e. sheds, pools etc.) be located within the<br />

sewage system envelope.<br />

5<br />

(B) Under the Ontario Building Code, the Operator <strong>of</strong> the tertiary sewage<br />

system required for PART 1 must enter into a servicing and<br />

maintenance agreement with the sewage system manufacturer. In<br />

addition to the testing requirements under the Ontario Building Code,<br />

the septic system effluent must also be tested annually to determine<br />

compliance with the Ministry <strong>of</strong> the Environment’s Reasonable Use<br />

Guidelines.<br />

(C) As part <strong>of</strong> a building/septic permit application, it is required that plans<br />

be submitted showing existing and proposed contours; required<br />

drainage facilities (i.e. swales, ditches, infiltration trenches, etc.)<br />

complete with elevations and direction <strong>of</strong> flow; the building envelope,<br />

including basement and first floor elevations and municipal setbacks;<br />

the rear yard amenities envelope (for pools, patios, sundecks, etc.);<br />

the sewage system envelope, including contingency absorption bed<br />

area (dimensioned and located relative to property lines), location <strong>of</strong><br />

the tertiary treatment unit, absorption bed area and sampling points,<br />

and final grade elevations; location <strong>of</strong> the required water supply; and<br />

a summary <strong>of</strong> the sewage system design parameters, including septic<br />

tank size, pump specifications (if a pump is required), manufacturer’s<br />

specifications and any special requirements or equipment including<br />

the septic system operation and maintenance agreement, number <strong>of</strong><br />

bedrooms in the dwelling design (libraries, dens, studies, etc. are<br />

considered bedrooms), design fixture unit count and a notation on the<br />

plan that the location <strong>of</strong> the sewage system envelope is to be fixed,<br />

and that no buildings, structures, equipment or materials are<br />

permitted within the sewage system envelope area, temporarily or<br />

permanently, except structures, equipment or materials necessary for<br />

the construction <strong>of</strong> the tertiary sewage treatment system.<br />

73


(D) In addition to operation, maintenance and annual monitoring<br />

requirements contained in the Ontario Building Code (and<br />

administered by the County <strong>of</strong> <strong>Lambton</strong>), the nitrate levels within the<br />

lands are to be monitored annually (using pre-approved protocol) to<br />

ensure compliance with the Ministry <strong>of</strong> the Environment’s Reasonable<br />

Use Criteria. <strong>The</strong> monitoring results must be forwarded to the County<br />

<strong>of</strong> <strong>Lambton</strong> which will provide administration and manage the records<br />

and ensure compliance as required. <strong>The</strong> costs associated with the<br />

nitrate testing must be borne by the Owner <strong>of</strong> the sewage system<br />

and, should it be found that the nitrate levels exceed the MOE’s<br />

Reasonable Use criteria at any time, the owner <strong>of</strong> the sewage system<br />

will be responsible for taking any actions necessary to remedy the<br />

situation and forwarding evidence <strong>of</strong> compliance to the County.<br />

6<br />

2. <strong>The</strong> Subdivider shall include in all agreements <strong>of</strong> purchase and sale or lease<br />

for the lots the following “Notice <strong>of</strong> Advisory”:<br />

“This lot is not served by municipal sanitary sewers. <strong>The</strong>refore the land<br />

subject <strong>of</strong> this agreement is to be served by a private on-site tertiary<br />

sewage system. If at any time Municipal sanitary sewers are extended to<br />

PART 1, the owner <strong>of</strong> PART 1, will be required to connect any dwelling to<br />

the Municipal sanitary sewer system and pay all cost associated with the<br />

extension <strong>of</strong> the sanitary sewer to the lands including the connection<br />

costs or costs to upgrade the sewage treatment facility, to the satisfaction<br />

<strong>of</strong> the <strong>Municipality</strong>. <strong>The</strong> sewage systems installed on the building lots<br />

shall be a “tertiary treatment unit” as approved in the Ontario Building<br />

Code.<strong>The</strong> Owner is responsible for obtaining all necessary sewage<br />

system permit approvals and for maintenance <strong>of</strong> the system once it is<br />

installed. <strong>The</strong> system to be installed on this lot is subject to the following<br />

provisions;<br />

(A) <strong>The</strong> sewage system envelope for PART 1 is required to contain<br />

sufficient area for a” tertiary treatment unit or an equivalent and a<br />

contingency area equivalent to the area required for a second<br />

treatment unit or 50 square metres, whichever area is greater.<br />

<strong>The</strong> contingency area is to be available in the event that the first<br />

system requires replacement or additional treatment capacity is<br />

required. <strong>The</strong> size and location <strong>of</strong> the sewage system envelope shall<br />

be determined in accordance with the Ontario Building Code and the<br />

manufacturer’s specifications. Under no circumstances shall any<br />

buildings or structures (i.e. sheds, pools etc.) be located within the<br />

74


7<br />

sewage system envelope.<br />

(B) Under the Ontario Building Code, the Operator <strong>of</strong> the tertiary sewage<br />

system required for PART 1 must enter into a servicing and<br />

maintenance agreement with the sewage system manufacturer. In<br />

addition to the testing requirements under the Ontario Building Code,<br />

the septic system effluent must also be tested annually to determine<br />

compliance with the Ministry <strong>of</strong> the Environment’s Reasonable Use<br />

Guidelines.<br />

(C) As part <strong>of</strong> a building/septic permit application, it is required that plans<br />

be submitted showing existing and proposed contours; required<br />

drainage facilities (i.e. swales, ditches, infiltration trenches, etc.)<br />

complete with elevations and direction <strong>of</strong> flow; the building envelope,<br />

including basement and first floor elevations and municipal setbacks;<br />

the rear yard amenities envelope (for pools, patios, sundecks, etc.);<br />

the sewage system envelope, including contingency absorption bed<br />

area (dimensioned and located relative to property lines), location <strong>of</strong><br />

the tertiary treatment unit, absorption bed area and sampling points,<br />

and final grade elevations; location <strong>of</strong> the required water supply; and<br />

a summary <strong>of</strong> the sewage system design parameters, including septic<br />

tank size, pump specifications (if a pump is required), manufacturer’s<br />

specifications and any special requirements or equipment including<br />

the septic system operation and maintenance agreement, number <strong>of</strong><br />

bedrooms in the dwelling design (libraries, dens, studies, etc. are<br />

considered bedrooms), design fixture unit count and a notation on the<br />

plan that the location <strong>of</strong> the sewage system envelope is to be fixed,<br />

and that no buildings, structures, equipment or materials are<br />

permitted within the sewage system envelope area, temporarily or<br />

permanently, except structures, equipment or materials necessary for<br />

the construction <strong>of</strong> the tertiary sewage treatment system.<br />

(D) In addition to operation, maintenance and annual monitoring<br />

requirements contained in the Ontario Building Code (and<br />

administered by the County <strong>of</strong> <strong>Lambton</strong>), the nitrate levels within<br />

PART 1 are to be monitored annually (using pre-approved protocol) to<br />

ensure compliance with the Ministry <strong>of</strong> the Environment’s Reasonable<br />

Use Criteria. <strong>The</strong> monitoring results must be forwarded to the County<br />

<strong>of</strong> <strong>Lambton</strong> which will provide administration and manage the records<br />

and ensure compliance as required. <strong>The</strong> costs associated with the<br />

nitrate testing must be borne by the Owner <strong>of</strong> the sewage system<br />

75


and, should it be found that the nitrate levels exceed the MOE’s<br />

Reasonable Use criteria at any time, the owner <strong>of</strong> the sewage system<br />

will be responsible for taking any actions necessary to remedy the<br />

situation and forwarding evidence <strong>of</strong> compliance to the County.<br />

8<br />

4. TREES AND VEGETATION<br />

Due to the environmental sensitivity and the topography <strong>of</strong> the lands described as<br />

PARTS 2 to 8, the Subdivider/Owner agrees to preserve all trees and vegetation on<br />

the lands. No trees shall be removed from the lands unless and until the<br />

<strong>Municipality</strong> has approved such removal.<br />

With respect to the single detached dwelling lot described as PART 1, generally tree<br />

and vegetation removal will only be permitted to accommodate a dwelling,<br />

accessory buildings, driveways and septic envelopes. No trees shall be removed<br />

from the lands until the <strong>Municipality</strong> has approved such removal. If the Owner <strong>of</strong><br />

PART 1 contravenes this section, the <strong>Municipality</strong> reserves the right to enter onto<br />

the lands and restore the original topography and vegetation. <strong>The</strong> cost <strong>of</strong> the<br />

remediation shall be borne by the Owner. Failure to pay to the <strong>Municipality</strong> the cost<br />

<strong>of</strong> the remediation work within 30 days <strong>of</strong> an invoice for the cost have been sent to the<br />

Owner will result in the cost being added to the tax bill for the Lands and collected in<br />

like manner as municipal taxes.<br />

5. PUBLIC SERVICES, PLANS AND SPECIFICATIONS<br />

<strong>The</strong> Subdivider shall construct and install or cause to be constructed and installed at<br />

its expense the following, in accordance with the provisions <strong>of</strong> this Agreement:<br />

- A watermain lateral to the front lot line <strong>of</strong> PART 1, PLAN 25R9881<br />

All private connections shall be equipped with tracer wire. <strong>The</strong> Subdivider shall<br />

deposit with the <strong>Municipality</strong> $4,486.00 for this water service installation and the<br />

<strong>Municipality</strong> will arrange for the water service to be installed. Upon completion <strong>of</strong> the<br />

water service installation, any unused balance <strong>of</strong> a deposit made for the water service<br />

installation shall forthwith be returned to the Owner, however, should the funds<br />

deposited be insufficient, for the water service installation the Owner shall pay to the<br />

<strong>Municipality</strong> such sum as may be required to make up the total cost <strong>of</strong> the water<br />

service installation upon presentation <strong>of</strong> an invoice by the <strong>Municipality</strong>. Failure to<br />

pay the amount in excess <strong>of</strong> the deposit within 30 days after the account has been<br />

submitted to the Owner will result in the cost being added to the tax bill for the Lands<br />

76


9<br />

and collected in like manner as municipal taxes.<br />

6. VEHICULAR ACCESS<br />

Access and Land Use Permits are required to be obtained from the Ministry <strong>of</strong><br />

Transportation, prior to any building permit being issued on PART 1.<br />

7. IMPACT ON DRAINAGE<br />

<strong>The</strong> Subdivider shall ensure that there is no interruption to any surface or<br />

subsurface drainage due to the construction on the PART 1. Should such an<br />

interruption occur, the Subdivider shall carry out any necessary remedial work, at<br />

his own expense, to the satisfaction <strong>of</strong> the <strong>Municipality</strong>.<br />

8. FINANCIAL ARRANGEMENTS<br />

Upon execution <strong>of</strong> this Agreement by the Subdivider, the Subdivider shall pay to the<br />

<strong>Municipality</strong>:<br />

(i) An administration fee equal to $750.00<br />

(ii) A legal fee <strong>of</strong> $400.00<br />

(iii) $ 4,486.00 for the water service to PART 1.<br />

9. PAYMENT OF RATES, TAXES AND LEVIES<br />

<strong>The</strong> Subdivider hereby covenants and agrees that any outstanding local<br />

improvement charges on the “Lands” shall be paid, by commutation, and any<br />

arrears <strong>of</strong> taxes on the “Lands” shall be paid upon execution the Agreement by the<br />

Subdivider.<br />

10. DEVELOPMENT CHARGES<br />

<strong>The</strong> Subdivider or any subsequent owner shall pay to the <strong>Municipality</strong> a<br />

development charge in compliance with the <strong>Municipality</strong>’s Development Charges<br />

By-law, or any subsequent by-law, before a building permit is issued for such<br />

dwelling unit or building. No building permit shall be issued for a dwelling unit or<br />

building until after such fee is paid. <strong>The</strong> said monies shall be a charge on the lands<br />

which comprise the site for the dwelling unit or building.<br />

77


10<br />

11. INDEMNITY AND INSURANCE<br />

This agreement and the provisions there<strong>of</strong> do not give to the Subdivider or any<br />

person acquiring any interest in the said lands any rights against the <strong>Municipality</strong><br />

with respect to the failure to perform any obligations under this agreement or the<br />

failure <strong>of</strong> the <strong>Municipality</strong> to force any such persons to perform any obligations<br />

under this agreement or any negligence <strong>of</strong> any such persons in the performance <strong>of</strong><br />

the said obligations.<br />

12. SEVERANCE OF ULTRA VIRES TERMS<br />

If any term <strong>of</strong> this agreement shall be found to be ultra vires <strong>of</strong> the <strong>Municipality</strong>, or<br />

otherwise unlawful, such term shall conclusively be deemed to be severable and the<br />

remainder <strong>of</strong> this agreement mutatis mutandis shall be and remain in full force and<br />

effect.<br />

13. ASSIGNMENT<br />

<strong>The</strong> Subdivider shall not assign this agreement without written notice to the<br />

<strong>Municipality</strong>.<br />

14. AMENDMENT<br />

Without in any way limiting the rights <strong>of</strong> the <strong>Municipality</strong>, the Subdivider agrees that<br />

the <strong>Municipality</strong> may, with the written consent <strong>of</strong> the then registered owner <strong>of</strong> any<br />

parcel <strong>of</strong> land, amend this agreement ins<strong>of</strong>ar as it specifically affects such parcel <strong>of</strong><br />

land or any part <strong>of</strong> such parcel <strong>of</strong> land.<br />

15. NON-EXECUTION BY PARTIES<br />

This agreement is the deed <strong>of</strong> every party who executes it, notwithstanding that it is<br />

not executed by one or more <strong>of</strong> the parties.<br />

16. REGISTRATION OF AGREEMENT<br />

<strong>The</strong> Subdivider shall, at his own expense, register this agreement upon the title <strong>of</strong><br />

the lands within the plan prior to the final release by the <strong>Municipality</strong>, and agrees<br />

further to pay on demand, all solicitor's fees and disbursements incurred by the<br />

78


<strong>Municipality</strong> arising in any way out <strong>of</strong> this agreement, including the preparation<br />

there<strong>of</strong> and <strong>of</strong> other deeds, conveyances, registrations and agreements.<br />

11<br />

IN THIS agreement the singular shall include the plural and the neuter shall include the<br />

masculine or feminine as the context may require, and if there are more than one<br />

Subdivider the covenants <strong>of</strong> such Subdivider shall be joint and several.<br />

IN WITNESS WHEREOF the parties hereto have hereunto caused to be affixed their<br />

respective corporate seals attested by the hands <strong>of</strong> their proper <strong>of</strong>ficers, and any party not<br />

a corporation has hereunto set his hand and seal the day and year first above written.<br />

SIGNED, SEALED, AND DELIVERED)<br />

In the presence <strong>of</strong><br />

BRADLEY C. OKE DEVELOPMENTS INC.<br />

_____________________________________<br />

Bradley C. Oke, - I have the authority to bind<br />

the Corporation<br />

THE CORPORATION OF THE MUNICIPALITY<br />

OF LAMBTON SHORES<br />

_________________________________<br />

Bill Weber, Mayor<br />

_________________________________<br />

Carol McKenzie, Clerk<br />

79


12<br />

SCHEDULE "A"<br />

This is Schedule "A" to the Severance Agreement dated , 2012 between the<br />

Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and BRADLEY C. OKE<br />

DEVELOPMENTS INC. which it is attached and forms a part.<br />

LEGAL DESCRIPTION OF THE LANDS TO BE<br />

AFFECTED BY THIS AGREEMENT<br />

<strong>The</strong> lands to which this Severance Agreement refers to are described as Part <strong>of</strong> Lot 7,<br />

Lake Road West Concession, geographic Township <strong>of</strong> Bosanquet, <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong> more particularly described as PARTS 1 to 8, PLAN 25R9881<br />

80


13<br />

SCHEDULE "B"<br />

This is Schedule "B" to the Severance Agreement dated<br />

2012 between the<br />

Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and BRADLEY C. OKE<br />

DEVELOPMENTS INC. which it is attached and forms a part.<br />

81


THE MUNICIPALITY OF LAMBTON SHORES<br />

D.C.S. Report No. 110-2012 Wednesday, November 14, 2012<br />

TO:<br />

FROM:<br />

RE:<br />

Mayor Weber and Members <strong>of</strong> Council<br />

Brent Kittmer, Director <strong>of</strong> Community Services<br />

Carillion Agreement for Connecting Links through Forest and Grand Bend<br />

RECOMMENDATION:<br />

That Carillion Canada Inc. be subcontracted to perform the<br />

routine winter maintenance for the Highway #21 connecting<br />

links in Forest and Grand Bend; and further<br />

That that By-law 123-2012 authorizing the Mayor and Clerk<br />

to sign the associated contract agreement be approved.<br />

REPORT<br />

As council is aware Highway 21 is owned by the province and maintained through an<br />

agreement with Carillion Canada Inc. <strong>The</strong> connecting link sections <strong>of</strong> Highway 21<br />

through Forest (Main Street South and King Street East) and Grand Bend (Ontario<br />

Street) are the responsibility <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>. Through the winter months Carillion is<br />

responsible for snow plowing the bulk <strong>of</strong> Highway 21 with the <strong>Municipality</strong> responsible<br />

for the ‘connecting links’ through the urban area <strong>of</strong> each town.<br />

Historically the <strong>Municipality</strong> has made an agreement with Carillions to snow plow the<br />

Connecting Links in <strong>Lambton</strong> <strong>Shores</strong>. This achieves greater efficiency as the Carillion<br />

trucks travel along that route regardless <strong>of</strong> whether they are plowing it or not. <strong>The</strong><br />

Community Services Department believes that this arrangement has been mutually<br />

beneficially for both parties.<br />

<strong>The</strong> most recent Carillion agreement was for a two year period <strong>of</strong> the winters <strong>of</strong><br />

2010/2011 and 2011/2012. Community Services staff recommend continuing with the<br />

same agreement for another two year period covering the winters <strong>of</strong> 2012/2013 and<br />

2013/2014.<br />

Respectfully submitted,<br />

Brent Kittmer, P.Eng.<br />

Director <strong>of</strong> Community Services<br />

Report Prepared by Nick Verhoeven, P.Eng., North Area Manager<br />

Attachments:<br />

1. Authorizing By-law #123-2012<br />

2. 2012/2013 – 2013/2014 Carillion Agreement<br />

82


THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />

BY-LAW 123 OF 2012<br />

Being a By-law to authorize an Agreement between the<br />

Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and<br />

Carillion Canada Inc (Carillion)<br />

WHEREAS:<br />

<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> is responsible for the routine<br />

winter maintenance <strong>of</strong> the Highway #21 connecting links in the<br />

Towns <strong>of</strong> Forest and Grand Bend;<br />

AND WHEREAS: Carillion has entered into an Area Maintenance contract with the<br />

Crown as represented by the Ministry <strong>of</strong> Transportation which<br />

includes providing routine winter maintenance services on<br />

Highway #21;<br />

AND WHEREAS: <strong>Lambton</strong> <strong>Shores</strong>’ existing contract with Carillion for the routine<br />

winter maintenance <strong>of</strong> the Connecting Links has expired;<br />

AND WHEREAS: <strong>Lambton</strong> <strong>Shores</strong> wishes to have Carillion continue to perform the<br />

services <strong>of</strong> routine winter maintenance on the Connecting Links<br />

through to April 30, 2014;<br />

AND WHEREAS: It is deemed appropriate for the <strong>Municipality</strong> to authorize the<br />

Mayor and Clerk to sign the necessary agreement;<br />

NOW THEREFORE the Council <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong> enacts as follows:<br />

1. <strong>The</strong> Mayor and Clerk are authorized to execute an agreement on behalf <strong>of</strong> the<br />

Corporation between the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and Carillion Canada<br />

Inc. a copy <strong>of</strong> which is attached to this by-law as “Schedule “A”, and to affix to<br />

the contract the Corporate Seal <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong><br />

<strong>Lambton</strong> <strong>Shores</strong>;<br />

2. This By-law comes into force and effect upon being finally passed.<br />

Read a FIRST and SECOND time this 19 th day <strong>of</strong> November, 2012.<br />

READ A THIRD TIME AND FINALLY PASSED THIS 19 th DAY OF November, 2012.<br />

___________________________<br />

MAYOR – Bill Weber<br />

83<br />

___________________________<br />

CLERK – Carol McKenzie


THE MUNICIPALITY OF LAMBTON SHORES<br />

TR Report No. 69-2012 Thursday, November 15, 2012<br />

TO:<br />

FROM:<br />

RE:<br />

Mayor Weber and Members <strong>of</strong> Council<br />

Janet Ferguson, Treasurer<br />

Draft Year to Date Operating and Capital Statements for the period ending<br />

October 31, 2012.<br />

RECOMMENDATION:<br />

That the Draft Year to Date Operating and Capital<br />

Statements for the period ending October 31, 2012 be<br />

accepted as presented.<br />

REPORT<br />

Attached to this report is the draft year to date Operating and Capital financial<br />

statements for the period ending October 31, 2012. <strong>The</strong> Department Heads have<br />

provided comments on the activities in the various business units. This report is a brief<br />

update on the point in time with many activities still taking place before the end <strong>of</strong> 2012<br />

that will impact our financial position.<br />

Clerks Comments<br />

General<br />

Lottery License revenue is slightly under the estimates, which may be due to the fact<br />

that last year a change in legislation allowed multiple Nevada boxes on one license.<br />

Advertising – there have been larger than normal ads this year, and we have been<br />

trying to ensure that the size is large enough that people can read the ads.<br />

Planning<br />

<strong>The</strong> fees for the smaller applications such as minor variances and consents are right on<br />

target for this time <strong>of</strong> year, and revenues exceed estimates in the Official Plan and zone<br />

amendment accounts, primarily due to severances <strong>of</strong> surplus farm dwellings; however,<br />

larger projects, such as subdivisions, and site plans are still slower than normal.<br />

Building<br />

<strong>The</strong> permit revenue for 2012 is exceeding the estimates, due in large part to the permit<br />

fee for the 49 unit apartment building in Grand Bend. It is important to note that any<br />

revenue collected that exceeds the cost to administer and enforce the Building Code<br />

Act must be put into a reserve for use in future years when expenses exceed revenues.<br />

89


We continue to be very prudent with the use <strong>of</strong> the contract staff to maintain control over<br />

the expenditures.<br />

By-Law<br />

<strong>The</strong> season for issuing parking infractions is just about at an end, however, revenue will<br />

continue to be received for the balance <strong>of</strong> the year. <strong>The</strong> YTD figure for by-law<br />

enforcement includes the extras allocated for Main Street Parking, Beach Patrol and<br />

Short Term Rental monitoring for the summer enforcement, and the balance <strong>of</strong> the year<br />

should bring us back in line with the budget. Some <strong>of</strong> the other expense accounts also<br />

reflect the increased enforcement costs for the “short term rentals”, such as the<br />

purchase <strong>of</strong> decibel readers.<br />

<strong>The</strong> revenues for animal control are under, due primarily to the fact people are<br />

becoming more aware <strong>of</strong> the cost to retain a dog that is collected and taken to the<br />

Sarnia Humane Society.<br />

Cemeteries<br />

<strong>The</strong> revenues are on target for this time <strong>of</strong> year, and are exceeded in the Beechwood<br />

Cemetery.<br />

Director <strong>of</strong> Community Services Comments<br />

Tree trimming is over budget and will continue to grow. A dry summer combined with<br />

ash borer has caused a lot <strong>of</strong> issues. <strong>The</strong> recent storm clean-up will further impact this<br />

line.<br />

Loose top Maintenance- We have spent a lot <strong>of</strong> time on this maintenance this year and<br />

are still doing catch up. We will continue to monitor this need and may require a higher<br />

allocation in the 2013 budget.<br />

Our street sweeper is heavily utilized across both zones and has experienced some<br />

large repairs this year.<br />

Beach Operations – as previously commented, we had exceptionally good weather over<br />

the summer so there was a lot <strong>of</strong> staff time required in this area. This is also reflected<br />

positively in parking revenues.<br />

Solid Waste – WDO funding will not be received for 2012 as anticipated, creating a<br />

shortfall in anticipated revenue. Curbside collection services appear to be estimated low<br />

for 2012, and will be over-budget because <strong>of</strong> this.<br />

Water – Budget is on track for 2012.<br />

Wastewater – Budget is on track for 2012.<br />

90


Recreation & Leisure<br />

At first glance the Communities in Bloom expenses appear to be considerably over<br />

budget, however the revenue amount in the CIB Fundraising/Donations/Grant is higher<br />

than anticipated and compensates for the over expenditures..<br />

Ongoing projects such as the - Living in <strong>Lambton</strong> <strong>Shores</strong> Promotion budget will be fully<br />

expended with the Leisure Guide costs.<br />

Capital<br />

Comments are noted on the summary statement.<br />

Summary<br />

This report is provided as an update to the previous year to date reports and is meant to<br />

provide Council with a synopsis <strong>of</strong> the notable items in the various business units.<br />

Monthly reports will be provided as the year comes to a close. <strong>The</strong> Department Heads<br />

are available for any specific questions you may have.<br />

Respectfully submitted,<br />

Janet Ferguson,<br />

Treasurer<br />

91


MUNICIPALITY OF LAMBTON SHORES<br />

2012 Draft Operating Year to Date Summary as <strong>of</strong> October 31, 2012<br />

FINAL BUDGET DRAFT YTD AVAILABLE % Used<br />

Taxation<br />

Revenue 9,004,465.73 9,006,981.61 (2,515.88) 100.03%<br />

Policing<br />

Revenue<br />

Policing 908,872.22 952,811.27 (43,939.05) 104.83%<br />

Community Police Group - - -<br />

Sub Total 908,872.22 952,811.27 (43,939.05) 104.83%<br />

Expense<br />

Policing 3,164,422.69 2,709,006.20 455,416.49 85.61%<br />

Community Police Group 338.13 338.13 0.00%<br />

Sub Total 3,164,760.82 2,709,006.20 455,754.62 85.60%<br />

Policing Total 2,255,888.60 1,756,194.93 499,693.67 77.85%<br />

Planning<br />

Revenue<br />

Planning and Zoning 142,844.74 134,720.19 8,124.55 94.31%<br />

Expense<br />

Planning and Zoning 174,369.90 134,182.40 40,187.50 76.95%<br />

Planning Total 31,525.16 (537.79) 32,062.95 -<br />

Building & Assessment<br />

Revenue<br />

Building and Assessment Administration 217,051.76 278,077.51 (61,025.75) 128.12%<br />

Expense<br />

Building and Assessment Administration 281,371.87 210,100.20 71,271.67 74.67%<br />

Building Total 64,320.11 (67,977.31) 132,297.42 -<br />

Protection to Person & Property<br />

Revenue<br />

Bylaw / Parking / Prop. Stnds Enforce. 144,301.15 143,301.92 999.23 99.31%<br />

Animal Control 11,557.89 8,562.24 2,995.65 74.08%<br />

Weed Inspection 639.23 719.96 (80.73) 112.63%<br />

Crossing Guards 8,033.12 8,418.50 (385.38) 104.80%<br />

Emergency Management 711.29 515.11 196.18 72.42%<br />

Conservation Authority -<br />

Sub Total 165,242.68 161,517.73 3,724.95 97.75%<br />

Expense<br />

Bylaw / Parking / Prop. Stnds Enforce. 214,246.22 174,860.73 39,385.49 81.62%<br />

Animal Control 39,048.58 32,211.97 6,836.61 82.49%<br />

Weed Inspection 3,432.31 2,770.36 661.95 80.71%<br />

Crossing Guards 43,133.25 32,393.81 10,739.44 75.10%<br />

Emergency Management 3,819.22 1,982.12 1,837.10 51.90%<br />

Conservation Authority 274,049.00 143,511.00 130,538.00 52.37%<br />

Sub Total 577,728.58 387,729.99 189,998.59 67.11%<br />

Protection to Person & Property Total 412,485.90 226,212.26 186,273.64 54.84%<br />

92<br />

Page 1 <strong>of</strong> 4<br />

11/01/12


MUNICIPALITY OF LAMBTON SHORES<br />

2012 Draft Operating Year to Date Summary as <strong>of</strong> October 31, 2012<br />

FINAL BUDGET DRAFT YTD AVAILABLE % Used<br />

Fire Services<br />

Revenue<br />

Fire Prevention and Inspection -<br />

Arkona FD 57,711.89 45,105.71 12,606.18 78.16%<br />

Northville FD 9,778.83 14,977.69 (5,198.86) 153.16%<br />

Forest FD 58,114.85 48,033.81 10,081.04 82.65%<br />

Grand Bend FD 68,031.65 55,204.23 12,827.42 81.14%<br />

<strong>The</strong>dford FD 9,880.65 11,008.31 (1,127.66) 111.41%<br />

Sub Total 203,517.87 174,329.75 29,188.12 85.66%<br />

Expense<br />

Fire Prevention and Inspection 5,202.00 18,182.57 (12,980.57) 349.53%<br />

Arkona FD 164,678.45 128,400.59 36,277.86 77.97%<br />

Northville FD 172,926.12 141,874.86 31,051.26 82.04%<br />

Forest FD 204,115.26 159,849.50 44,265.76 78.31%<br />

Grand Bend FD 201,088.54 171,086.78 30,001.76 85.08%<br />

<strong>The</strong>dford FD 196,957.72 156,160.24 40,797.48 79.29%<br />

Sub Total 944,968.09 775,554.54 169,413.55 82.07%<br />

Fire Total 741,450.22 601,224.79 140,225.43 81.09%<br />

Transportation Services<br />

Revenue<br />

Roadways 912,599.43 1,044,220.96 (131,621.53) 114.42%<br />

Winter Control 277,776.38 246,794.62 30,981.76 88.85%<br />

Street Light / Traffic Control 111,304.60 81,382.60 29,922.00 73.12%<br />

Sub Total 1,301,680.41 1,372,398.18 (70,717.77) 105.43%<br />

Expense<br />

TRF to Equipment Replacement RF 318,325.99 318,325.99 - 100.00%<br />

TRF to Road Purposes RF 1,208,241.56 1,208,241.56 - 100.00%<br />

Roadways 1,873,894.35 1,540,469.68 333,424.67 82.21%<br />

Winter Control 583,263.52 372,366.72 210,896.80 63.84%<br />

Street Light / Traffic Control 233,712.87 122,791.05 110,921.82 52.54%<br />

Sub Total 4,217,438.29 3,562,195.00 655,243.29 84.46%<br />

Transportation Services Total 2,915,757.88 2,189,796.82 725,961.06 75.10%<br />

Harbours<br />

Revenue<br />

Grand Bend 368,032.80 356,683.65 11,349.15 96.92%<br />

Port Franks 193,500.04 192,315.01 1,185.03 99.39%<br />

Sub Total 561,532.84 548,998.66 12,534.18 97.77%<br />

Expense<br />

Grand Bend 348,109.62 347,565.18 544.44 99.84%<br />

Port Franks 210,941.94 185,059.02 25,882.92 87.73%<br />

Sub Total 559,051.56 532,624.20 26,427.36 95.27%<br />

Habours Total (2,481.28) (16,374.46) 13,893.18 -<br />

93<br />

Page 2 <strong>of</strong> 4<br />

11/01/12


MUNICIPALITY OF LAMBTON SHORES<br />

2012 Draft Operating Year to Date Summary as <strong>of</strong> October 31, 2012<br />

FINAL BUDGET DRAFT YTD AVAILABLE % Used<br />

Arenas<br />

Revenue<br />

Legacy Recreation Centre 215,955.83 133,227.69 82,728.14 61.69%<br />

<strong>The</strong> <strong>Shores</strong> Recreation Centre 367,278.07 308,451.60 58,826.47 83.98%<br />

Forest Arena 4,000.00 (4,000.00)<br />

Sub Total 583,233.90 445,679.29 137,554.61 76.42%<br />

Expense<br />

Legacy Recreation Centre 606,564.00 321,567.70 284,996.30 53.01%<br />

<strong>The</strong> <strong>Shores</strong> Recreation Centre 713,883.80 615,019.61 98,864.19 86.15%<br />

Forest Arena 26,883.00 27,635.66 (752.66) 102.80%<br />

Sub Total 1,347,330.80 964,222.97 383,107.83 71.57%<br />

Arenas Total 764,096.90 518,543.68 245,553.22 67.86%<br />

Solid Waste Management<br />

Revenue<br />

Solid Waste Management 464,725.44 332,262.49 132,462.95 71.50%<br />

Expense<br />

Solid Waste Management 852,743.20 813,505.50 39,237.70 95.40%<br />

Solid Waste Management Total 388,017.76 481,243.01 (93,225.25) 124.03%<br />

Cemeteries<br />

Revenue<br />

Forest - Beechwood 48,146.55 55,516.13 (7,369.58) 115.31%<br />

Arkona 32,258.66 12,402.11 19,856.55 38.45%<br />

Pinery/ Ward & Baptist / LVG / Pioneer 2,090.48 4,274.48 (2,184.00) 204.47%<br />

Sub Total 82,495.69 72,192.72 10,302.97 87.51%<br />

Expense<br />

Forest - Beechwood 56,770.45 46,969.12 9,801.33 82.74%<br />

Arkona 48,917.49 14,903.63 34,013.86 30.47%<br />

Pinery/ Ward & Baptist / LVG / Pioneer 12,705.35 15,039.27 (2,333.92) 118.37%<br />

Sub Total 118,393.29 76,912.02 41,481.27 64.96%<br />

Cemeteries Total 35,897.60 4,719.30 31,178.30 13.15%<br />

Recreation & Leisure Services<br />

Revenue<br />

Gen Admin, Fitness Area, Gymnasium 292,331.42 236,355.55 55,975.87 80.85%<br />

Expense<br />

Gen Admin, Fitness Area, Gymnasium 884,502.31 754,117.15 130,385.16 85.26%<br />

Recreation & Leisure Services Total 592,170.89 517,761.60 74,409.29 87.43%<br />

Recreation - Parks<br />

Revenue<br />

Parks, Ball Diamonds, Pavillions 28,930.37 35,459.39 (6,529.02) 122.57%<br />

Expense<br />

Parks, Ball Diamonds, Pavillions 198,080.60 183,824.30 14,256.30 92.80%<br />

Recreation - Parks Total 169,150.23 148,364.91 20,785.32 87.71%<br />

94<br />

Page 3 <strong>of</strong> 4<br />

11/01/12


MUNICIPALITY OF LAMBTON SHORES<br />

2012 Draft Operating Year to Date Summary as <strong>of</strong> October 31, 2012<br />

FINAL BUDGET DRAFT YTD AVAILABLE % Used<br />

Recreation - Beach<br />

Revenue<br />

Beach, Beach House, Patrol, P.Lot 720,110.69 751,089.06 (30,978.37) 104.30%<br />

Expense<br />

Beach, Beach House, Patrol, P.Lot 855,855.33 701,476.80 154,378.53 81.96%<br />

Recreation - Beach Total 135,744.64 (49,612.26) 185,356.90 -<br />

Community Centres & Libraries<br />

Revenue<br />

Community Centres 73,246.04 76,105.34 (2,859.30) 103.90%<br />

Libraries 9,085.75 6,420.01 2,665.74 70.66%<br />

Sub Total 82,331.79 82,525.35 (193.56) 100.24%<br />

Expense<br />

Community Centres 360,800.89 232,256.66 128,544.23 64.37%<br />

Libraries 79,944.23 30,000.15 49,944.08 37.53%<br />

Sub Total 440,745.12 262,256.81 178,488.31 59.50%<br />

Community Centres & Libraries Total 358,413.33 179,731.46 178,681.87 50.15%<br />

Drainage<br />

Revenue<br />

Drainage 166,031.89 232,981.75 (66,949.86) 140.32%<br />

Expense<br />

Drainage 245,026.49 271,686.12 (26,659.63) 110.88%<br />

Drainage Total 78,994.60 38,704.37 40,290.23 49.00%<br />

Economic Development<br />

Revenue<br />

Industry Trade and Tourism 27,274.10 28,780.15 (1,506.05) 105.52%<br />

Expense<br />

Industry Trade and Tourism 90,307.29 80,217.26 10,090.03 88.83%<br />

Economic Development Total 63,033.19 51,437.11 11,596.08 81.60%<br />

Water<br />

Revenue<br />

Water 3,862,047.26 3,292,577.00 569,470.26 85.25%<br />

Expense<br />

Water 3,862,047.26 2,368,932.52 1,493,114.74 61.34%<br />

Water Total - (923,644.48) 923,644.48 -<br />

Wastewater<br />

Revenue<br />

Wastewater 1,432,793.96 1,097,022.96 335,771.00 76.57%<br />

Expense<br />

Wastewater 1,432,793.96 1,101,125.58 331,668.38 76.85%<br />

Wastewater Total - 4,102.62 (4,102.62) -<br />

Revenue Total 20,247,514.76 19,236,760.61 1,013,270.03 95.01%<br />

Expense Total 20,247,514.76 15,889,669.56 4,357,845.20 78.48%<br />

Grand Total - (3,347,091.05) 3,347,091.05 -<br />

95<br />

Page 4 <strong>of</strong> 4<br />

11/01/12


<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

2012 Capital Expense Summary October 31, 2012<br />

PROJECT<br />

TOTAL 2012<br />

FINAL<br />

BUDGET<br />

2012<br />

EXPENSES<br />

TOTAL PROJECT<br />

EXPENSE<br />

COMMENTS<br />

GENERAL<br />

GB Office<br />

2-110-110-5879 Facility Upgrades 26,443.43 1,134.79 1,134.79 Planning in progrees, target completion November 30th<br />

Information Technology<br />

2-110-110-5876 IT 57,932.27 45,794.07 45,794.07<br />

Subtotal 84,375.70 46,928.86 46,928.86<br />

PROTECTION TO PERSON<br />

Fire Departments<br />

Arkona<br />

2-210-211-5875 Radios 899.08 38.58 38.58<br />

2-210-211-5875 Pagers 740.42 906.92 906.92<br />

2-210-211-5875 Bunker Gear 6,134.88 263.28 263.28<br />

Grand Bend<br />

2-210-214-5875 Radios 899.08 38.58 38.58<br />

2-210-214-5875 Pagers 740.42 1,745.51 1,745.51<br />

Northville<br />

2-210-212-5875 Radios 899.08 1,045.75 1,045.75<br />

2-210-212-5875 Pagers 740.42 547.70 547.70<br />

2-210-212-5875 Bunker Gear 3,067.44 2,862.09 2,862.09<br />

Forest<br />

2-210-213-5140 Forest Hall - Floor Drain 11,106.24 476.60 476.60<br />

2-210-213-5875 Air Packs (3) 15,866.06 13,771.42 13,771.42<br />

2-210-213-5875 Pagers 1,480.83 1,773.52 1,773.52<br />

2-210-213-5879 Antenna (Jepp) 16,100.00 16,127.90 16,127.90<br />

<strong>The</strong>dford<br />

2-210-215-5875 Pagers 740.42 1,202.36 1,202.36<br />

2-210-215-5875 Radios 899.08 699.71 699.71<br />

2-210-215-5875 Bunker Gear 6,134.88 8,535.69 8,535.69<br />

General Fire<br />

2-210-210-5876 Breathing Gear 4,759.82 728.58 728.58<br />

2-210-210-5875 Portable Emergency Lighting (Jepp) 10,000.00 0.00<br />

Subtotal 81,208.11 50,764.19 50,764.19<br />

TRANSPORTATION SERVICES<br />

Transportation Depot & Land<br />

Forest Works Depot - 12 Ann St<br />

2-300-110-5879 New Facility 1,062,316.56 59,702.20 82,868.11<br />

Northville - 9575 Port Franks Rd<br />

2-300-110-5878 Coverall 265,579.14 21,598.26 39,086.80<br />

BM Ross hired to complete operations review. Final report<br />

due February 2013<br />

Asphalt base complete<br />

Completion expected December 1, 2012.<br />

Road Re-Construction<br />

2-300-300-5103 GB - Morenze Lane/Dietrich Cres/Eilber 21,246.33 980.35 980.35 Awarded to BM Ross<br />

2-300-300-5102 GB - Municipal Drive 19,121.70 17,442.87 17,442.87 Completed<br />

2-300-300-5106 GB - Erosion Control - Gill Rd 212,463.31 9,803.49 9,803.49<br />

Work will not be completed in 2012<br />

Funds to be transferred to fund the converall.<br />

2-300-300-5107 BOS - Port Franks Rd 7,436.22 343.12 343.12 In Progress<br />

2-300-300-5112 BOS - Jericho Rd (townsend to cedarpoint) 106,231.66 65,976.76 72,195.64<br />

Dolomite application completed<br />

Ditching contract awarded to McCann Redi-Mix.<br />

2-300-300-5113 TH - Pearl St 33,994.13 1,568.58 1,568.58 Awarded to Spriet<br />

2-300-300-5108 TH- Pherrill St W <strong>of</strong> Dumfries to King 6,373.90 294.11 294.11 Awarded to Spriet<br />

2-300-300-5150 ARK - Water ST 16,997.06 16,013.26 16,013.26 Completed<br />

2-300-300-5153 FO - Victoria 57,365.09 2,646.96 2,646.96 RFP distributed to pr<strong>of</strong>essional firms<br />

2-300-300-5110 FO - King St west - shave and pave, rail road way 43,023.82 41,252.73 41,252.73 Completed - pending invoice<br />

Work complete with first lift <strong>of</strong> asphalt. Second lift in 2013<br />

2-300-300-5151 FO - Morris - Main to Macdonald 300,848.05 32,615.20 32,615.20<br />

2-300-300-5152 FO - Water St 47,804.25 27,132.56 27,132.56 Completed - pending invoice<br />

2-300-300-5154 FO - old arena entrance - shave and pave 19,121.70 16,002.16 16,002.16 Completed<br />

Re-Surface Treatment<br />

2-300-300-5111 GB - Lakeview Ave - Ontario to Pines Pkwy 26,557.91 44,936.21 44,936.21<br />

2-300-300-5155 GB - William St - Pines Pkwy to Shoreline Dr 5,311.58 245.10 245.10<br />

2-300-300-5172 BOS - Gordon Rd 101,982.39 80,336.98 80,336.98<br />

2-300-300-5157 BOS - Lakeview Haven Drive - Lakeshore road to end (1200m) 79,673.74 47,327.28 47,327.28<br />

2-300-300-5158 BOS - Vance Drive - full subdivision 75,424.48 65,977.49 65,977.49<br />

2-300-300-5164 BOS - Glendale Drive - full subdivision 74,362.16 49,801.53 49,801.53<br />

2-300-300-5165 BOS - Cedar Point Line -full subdivision 92,421.54 64,687.46 64,687.46<br />

2-300-300-5168 BOS - Clemens Line - Army Camp to South end 4,249.27 196.08 196.08<br />

2-300-300-5169 BOS - Klondyke Rd 127,077.89 127,077.89<br />

2-300-300-5170 ARK - Arkona Rd - from Cty Rd 79 to Bog Line 10,623.17 490.17 490.17<br />

Work completed - pending invoice<br />

Contractor to return and recoat "liquid road" on lakeview ave<br />

due to unsatisfactory result in Sept 2012<br />

96<br />

page 1 <strong>of</strong> 4<br />

11/16/2012


<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

2012 Capital Expense Summary October 31, 2012<br />

PROJECT<br />

TOTAL 2012<br />

FINAL<br />

BUDGET<br />

2012<br />

EXPENSES<br />

TOTAL PROJECT<br />

EXPENSE<br />

COMMENTS<br />

Sidewalks / Walkways<br />

2-310-175-5113 Rotary Trail - Julie Ave to Cold Storage Rd 95,608.49 93,928.39 93,928.39 Completed<br />

2-310-175-5151 TH - Sarah St - Elizabeth to 79 (250m) 21,777.49 6,640.19 6,640.19 Completed - pending invoice<br />

2-310-175-5156 GB Bridge Railing 69,050.58 4,165.06 12,947.03 Work will not be completed in 2012, deferred to 2013<br />

2-310-175-5169 FO -James St -King to Ann (west side) (53m) 7,794.22 5,407.65 5,407.65 Completed<br />

2-310-175-5168 FO - Forest Main St S (170m) 26,557.91 16,804.03 16,804.03 Completed - pending invoice<br />

2-310-175-5152 FO - Townsend to Juniper (112m) 10,623.17 8,903.54 8,903.54 Completed<br />

2-310-175-5157 ARK - Sidewalk Main intersection 84,985.32 4,801.26 4,801.26 Completed<br />

Bridge / Culvert<br />

2-310-301-5106 Ridge Rd - culvert 26,557.91 1,225.45 1,225.45 Awarded to BM Ross<br />

2-310-301-5107 Pinetree Dr - guardrail 10,623.17 5,364.25 5,364.25 Materials purchased, installation pending<br />

2-310-301-5108 Lakeview in Southcott - guardrail 10,623.17 5,364.25 5,364.25 Materials purchased, installation pending<br />

2-310-301-5109 FO - Church St - culvert 10,623.17 490.17 490.17 Work assigned to Spriet<br />

Street Light<br />

2-340-340-5878 Amtelecom Road - Street Light Installation 13,071.81 8,155.75 8,155.75 Completed<br />

Vehicle & Equipment Replacement Program<br />

General<br />

2-900-175-5133 Radio System 33,847.59 25,148.96 25,148.96<br />

2-900-175-5142 Equipment 5,288.69 226.97 226.97<br />

Pickup<br />

2-900-906-5137 Ford 4x4 37,020.80 28,846.53 28,846.53<br />

Grader<br />

2-900-901-5137 Windrow eliminator attachment - N. Area 26,443.43 1,134.79 1,134.79<br />

Authorization to proceed provided, meeting held with<br />

Solarity Oct 8th, completion by end <strong>of</strong> 2012<br />

Low tender submitted by Oxford Dodge<br />

Equipment delivered and in the fleet.<br />

Specifications collected and quotes collected, purchase<br />

pending.<br />

Chipper<br />

2-900-911-5101 Chipper - Vermeer 31,732.12 33,359.61 33,359.61 Unit delivered balance from transportation RF<br />

Mower<br />

2-900-175-5137 Flail Mower 10,577.37 8,894.88 8,894.88 Complete<br />

2-900-175-5138 Boom Flail Mower 52,886.86 2,269.54 2,269.54 Delivery pending<br />

3,276,222.40 1,055,580.07 1,111,235.37<br />

RECREATION & CULTURAL SERVICES<br />

Arenas<br />

Legacy Centre<br />

2-720-175-5880 Concession Table / Chairs 4,230.95 4,257.38 4,257.38 Material recveived<br />

2-720-175-5877 Staging 19,039.27 16,535.98 16,535.98 Unit ordered and received<br />

2-720-175-5876 Legacy Centre PV System 59,887.39 70,063.09<br />

Old Forest Arena<br />

2-720-176-5878 Ro<strong>of</strong> 5,139.54 4,829.58 4,829.58 Complete<br />

Community Centres<br />

Arkona CC & Library<br />

2-730-731-5878 Splash Pad 105,773.72 105,149.38 105,149.38 Complete<br />

PF Community Centre<br />

2-730-732-5873 Facility Upgrades 27,501.17 1,966.78 1,966.78 Soliciting quote from contractors to complete the work.<br />

2-730-732-5877 Dishes 1,057.74 999.47 999.47 Complete<br />

2-730-732-5879 Tennis Court - Resurfacing Upgrades 15,866.06 680.86 680.86<br />

Required to be deferred to 2013 due to unfavorable fall<br />

weather conditions<br />

2-730-732-5880 Awnings 12,692.85 2,936.07 2,936.07 Complete<br />

<strong>Shores</strong> Fitness Centre<br />

2-721-726-5850 Fitness Equipment 5,288.69 226.97 226.97<br />

No needs identified by YMCA.<br />

Budget to be redirected to resurfacing the gymnasium floor<br />

at the <strong>Shores</strong>.<br />

2-721-726-5851 Showers 6,346.42 3,901.11 3,901.11 Complete<br />

Curling Club<br />

2-720-176-5875 Facility 350,000.00 0.00 Not completing in 2012.<br />

GB Youth Centre<br />

2-700-110-5100 Accessibility - Doors 5,288.69 226.97 226.97<br />

Scope <strong>of</strong> work developed, solicitation <strong>of</strong> an electrical<br />

contractor pending.<br />

Nursery School<br />

2-720-726-5850 Fencing 5,658.89 3,829.88 3,829.88 Complete<br />

2-720-726-5851 Playground Equipment 15,866.06 23,659.09 23,659.09 Complete - balance from <strong>The</strong>dford Ball Diamond allocation<br />

97<br />

page 2 <strong>of</strong> 4<br />

11/16/2012


<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

2012 Capital Expense Summary October 31, 2012<br />

PROJECT<br />

TOTAL 2012<br />

FINAL<br />

BUDGET<br />

2012<br />

EXPENSES<br />

TOTAL PROJECT<br />

EXPENSE<br />

COMMENTS<br />

Libraries<br />

Forest Library<br />

2-740-175-5100 Windows 12,692.85 544.71 544.71<br />

Old <strong>The</strong>dford Library<br />

2-740-175-5106 Council Chamber Renovations 26,443.43 2,293.04 2,293.04<br />

Portion <strong>of</strong> this budget was allocated to an emergency<br />

purchase <strong>of</strong> a furnace for the library. Remaining budget<br />

used to purchase the windows, and a partial installation will<br />

occur in 2012.<br />

Deferred to a medium term priority.<br />

Sound system to be purchased for TVC.<br />

Harbours<br />

GB Harbour<br />

2-350-350-5876 GB Harbour Alum Boat w/motor 4,855.01 4,443.32 4,443.32 Equipment Purchased<br />

2-350-350-5877 Lighting 5,288.69 226.97 226.97 Project concept currently being reconsidered<br />

2-350-350-5875 GB Harbour Security System 1,626.05 1,626.05 Funded from operating<br />

PF Harbour<br />

2-350-351-5880 Pavilion - ro<strong>of</strong> replacement 7,933.03 6,568.45 6,568.45 Complete<br />

2-350-351-5881 Accessibility 12,692.85 544.71 544.71<br />

Scope <strong>of</strong> work developed, solicitation <strong>of</strong> an electrical<br />

contractor pending<br />

2-350-351-5879 Northside Repair Launch 26,443.43 18,482.07 18,482.07 Complete - pending invoice<br />

Parks / Beaches<br />

Beach/Beach House<br />

2-710-716-5875 Fixtures 21,154.74 907.82 907.82 Countertops and sink fixtures to be completed in the fall.<br />

Eilber Park<br />

2-710-710-5883 Facility Upgrade (fixtures, countertop, ro<strong>of</strong>) 16,923.79 6,798.47 6,798.47 Completed<br />

Grand Bend Lions Park<br />

2-710-710-5101 Playground Equipment 30,000.00 23,420.12 25,793.33 complete<br />

2-710-710-5102 Infield Resurface 30,000.00 32,542.50 34,915.71 complete<br />

2-710-710-5103 Infield Fencing 35,000.00 30,917.34 34,081.60 complete<br />

2-710-710-5104 Accessibility 10,000.00 0.00 no funding received<br />

2-710-710-5106 Erosion Control 10,546.68 48,050.20 Carry forward from 2011<br />

Optimist Park<br />

2-710-710-5120 Play Equipment 12,000.00 9,720.94 10,907.54 Total expenses shown, 2011 expenses funded<br />

2-710-710-5121 Gazebo 7,000.00 10,291.24 23,695.43 Complete<br />

2-710-710-5122 Walkways / Plantings 16,000.00 14,321.83 15,903.95 Complete<br />

Klondyke Park<br />

2-710-710-5879 Irrigation System 10,623.17 490.14 490.14 Test well dug, work pending<br />

Other Bosanquet Parks<br />

2-710-710-5880 Land - Klondyke Rd Tree Farm 2,644.34 113.48 113.48<br />

This project has been cancelled due to concerns <strong>of</strong> ability to<br />

water trees once planted.<br />

Will be reconsidered if/when an irrigation system is installed.<br />

Utter Ball Diamond<br />

2-710-710-5882 Pavilion Ro<strong>of</strong> Replacement 11,635.11 11,342.87 11,342.87 Complete<br />

McRae<br />

2-710-710-5884 Backstop 6,346.42 2,564.27 2,564.27 Work completed internally<br />

Coultis<br />

2-710-710-5885 Washrooms 2,750.12 118.02 118.02 Complete - pending invoice<br />

Rotary Civic Square<br />

2-710-710-5886 Hydro Panel 3,702.08 158.87 158.87<br />

Currently developing specifications with a plan to size the<br />

panel to accommodate a possible future spray pad.<br />

Other Forest Parks<br />

2-710-710-5887 BMX Park 105,773.72 54,089.58 54,089.58 Asphalt pad laid, project completion by oct 31st, 2012<br />

<strong>The</strong>dford Village Green<br />

2-700-110-5103 Play Equipment 3,400.00 0.00 Complete - pending invoice, funding group.<br />

<strong>The</strong>dford Ball Diamond<br />

2-710-710-5888 Playground Equipment 19,039.27 7,178.47 7,178.47 Complete (project downsized)<br />

<strong>The</strong>dford Main St<br />

2-700-110-5101 Garbage Cans 2,000.00 1,874.94 1,874.94 Complete<br />

2-700-110-5107 Garbage and Cigarette Disposal Units 4,500.00 4,971.24 4,971.24 Complete<br />

2-700-110-5108 Trails - Benches & Signs 5,000.00 0.00 Request received from LSNT cttee, no direction <strong>of</strong> Council<br />

2-710-710-5881 Signage - Various Parks 5,288.69 226.97 721.39 Rendering pending<br />

2-700-110-5102 Community Signs 37,020.80 1,588.68 1,588.68<br />

1,073,901.57 488,000.70 560,257.93<br />

98<br />

page 3 <strong>of</strong> 4<br />

11/16/2012


<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

2012 Capital Expense Summary October 31, 2012<br />

PROJECT<br />

TOTAL 2012<br />

FINAL<br />

BUDGET<br />

2012<br />

EXPENSES<br />

TOTAL PROJECT<br />

EXPENSE<br />

COMMENTS<br />

SEWAGE SYSTEM<br />

Collection Systems<br />

2-410-175-5100 Road Related Replacements 79,330.29 15,774.53 15,774.53 As required, ongoing<br />

Miscellaneous Items<br />

2-410-175-5107 Forest PCP Pump Impellers 25,385.69 1,089.36 1,089.36 Equipment ordered<br />

2-410-175-5108 Forest Main Lift Pumps Impellers (2) 21,154.74 907.82 907.82 In progress<br />

2-410-175-5103 SCADA System Upgrades 11,106.24 2,918.84 2,918.84<br />

Radio hardware installed. PLC Ethernet upgrades and<br />

programming scheduled<br />

2-410-175-5152 <strong>The</strong>dford Generator Replacement 26,443.43 1,134.79 1,134.79<br />

Consultant preparing recommendation on generator sizing<br />

necessity<br />

Project may be required to be deferred to 2013<br />

2-410-175-5153 Forest PCP Compressor Replacement 21,154.74 907.82 907.82 Replacement compressor ordered.<br />

2-410-175-5154 Industrial Park Servicing 26,443.43 1,134.79 1,134.79<br />

Working on encroachment permit from MTO<br />

Dependent upon property use<br />

New System<br />

2-410-175-5104 North Sewage Treatment Facility (LS Portion) 12,720,812.00 43,620.20 1,126,471.78 In progress<br />

2-410-175-5106 North End Collection System - Zone 3 284.93 315,364.84<br />

12,931,830.57 67,773.08 1,465,704.57<br />

WATERWORKS SYSTEM<br />

Water System General<br />

2-430-110-5112 North Area Meter Changeout 305,421.61 24,327.26 24,327.26 Neptune awarded contract, work in wind down phase<br />

Water Mains<br />

2-430-110-5151 FO - Morris St - Main St to MacDonald 74,887.79 61,580.25 61,580.25 Completed<br />

2-430-110-5157 FO - Victoria St - Watt 10,577.37 453.89 453.89 Tender specs being prepared in-house<br />

2-430-110-5163 ARK - Wisbeach Rd waterline 10,577.37 962.59 962.59 Completed<br />

2-430-110-5105 LAWS System 54,215.00 45,178.10 45,178.10 n/a<br />

2-430-110-5154 Industrial Park Servicing 15,866.06 680.86 680.86 Working on encroachment permit from MTO<br />

2-430-110-5875 SCADA System Upgrades 11,106.24 3,020.60 3,020.60<br />

2-430-110-5152 <strong>The</strong>dford Generator 31,732.12 1,361.49 1,361.49<br />

Subtotal 514,383.56 137,565.04 137,565.04<br />

Radio hardware installed. PLC Ethernet upgrades and<br />

programming scheduled.<br />

Consultant preparing recommendation on generator sizing<br />

necessity<br />

Project may be required to be deferred to 2013<br />

17,961,921.90 1,846,611.94 3,372,455.96<br />

99<br />

page 4 <strong>of</strong> 4<br />

11/16/2012


MUNICIPALITY OF LAMBTON SHORES<br />

CL Report No. 138-2012 Monday, November 12, 2012<br />

TO:<br />

FROM:<br />

RE:<br />

Mayor Weber and Members <strong>of</strong> Council<br />

Carol McKenzie, Clerk<br />

Industrial Wind Turbines - Information Report<br />

RECOMMENDATION:<br />

For review, discussion and further direction.<br />

REPORT<br />

<strong>The</strong>re are 2 Industrial Wind Turbines (IWT) projects proposed for the <strong>Municipality</strong> <strong>of</strong><br />

<strong>Lambton</strong> <strong>Shores</strong> that are working through the Provincial “Renewal Energy Application”<br />

approvals process:<br />

Cedar Point Wind Project, which is a project by Suncor in the<br />

Municipalities <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>, Plympton-Wyoming and Warwick.<br />

<strong>The</strong> current plan has 62 wind turbines, (24 shown as being in <strong>Lambton</strong><br />

<strong>Shores</strong>) with an estimated nameplate capacity <strong>of</strong> up to 100 M.W., and is<br />

scheduled for commercial operation in summer <strong>of</strong> 2014. This project was<br />

awarded a Feed In Tariff (FIT) contract in July <strong>of</strong> 2011.<br />

Suncor’s current plan is for the final provincially required public open house to be<br />

held in January <strong>of</strong> 2013, and has recently provided the <strong>Municipality</strong> with the<br />

DRAFT project documents for review, with comments required by mid January.<br />

<strong>The</strong>se are the same documents that are required to be provided for public review<br />

a minimum <strong>of</strong> 60 days before the public meeting.<br />

Jericho Wind Inc. is a project by Nextera in the Municipalities <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong>, Warwick and North Middlesex, and is proposed to have<br />

approximately 92 wind turbines, (approximately 80 in <strong>Lambton</strong> <strong>Shores</strong>)<br />

with an estimated nameplate capacity <strong>of</strong> 150 M.W. This project has also<br />

been awarded a Feed In Tariff (FIT) contract.<br />

<strong>The</strong> DRAFT project documentation on the Nextera Project was submitted on November<br />

8 th , and it is anticipated that the final provincially mandated public meeting will be<br />

scheduled in February <strong>of</strong> 2013.<br />

<strong>The</strong> plans to bring a number <strong>of</strong> Industrial Wind Turbines (IWT) into the area have<br />

caused conflict within the <strong>Lambton</strong> <strong>Shores</strong>’ community, as some residents have signed<br />

contracts with the Wind Energy companies and are in favor <strong>of</strong> the projects proceeding,<br />

100


whereas other residents in the community have serious concerns regarding the<br />

Industrial Wind Turbines projects.<br />

<strong>The</strong>se concerns are not isolated, as wind and solar energy projects developed or being<br />

developed under the “Green Energy Act” have become very controversial across the<br />

Province. Council has expressed its concerns to the Premier several times and has<br />

supported calls for moratoriums until the concerns have been addressed. More and<br />

more municipalities are requesting and petitioning the Provincial government to slow the<br />

approval process until more information is available on the impact <strong>of</strong> Industrial Wind<br />

Turbines not only on the health <strong>of</strong> residents, but also on the possible impact on property<br />

values, rural environment, wildlife and natural and sensitive areas.<br />

Turbines are not new to <strong>Lambton</strong> <strong>Shores</strong> as wind energy projects were approved in<br />

<strong>Lambton</strong> <strong>Shores</strong> several years ago. As these projects were prior to enactment <strong>of</strong> the<br />

“Green Energy Act” (GEA) and were subject to municipal regulations, the Planner<br />

undertook an in depth review <strong>of</strong> the issues and the community concerns and prepared<br />

the Official Plan amendment, (See Attachment # 1 and 1.5), and Zoning By-law<br />

Provisions (See Attachment # 2) as well as a development agreement. (See<br />

Attachment # 3) <strong>The</strong> agreement addressed issues such as ensuring the municipality<br />

was indemnified against all claims and liability associated with the development<br />

(including maintenance and operation <strong>of</strong> the units), regulated open storage, road<br />

maintenance, inspection <strong>of</strong> site services, and included a decommissioning plan,<br />

operation protocols and emergency services plans - many <strong>of</strong> the issues that are<br />

required today.<br />

<strong>The</strong> main differences between the past projects and the current proposals are the<br />

number <strong>of</strong> Industrial Wind Turbines being proposed, and the fact that local planning<br />

rules and regulations are not applicable, as Provincial regulations related to sustainable<br />

energy projects supersede regulations enacted by local municipalities.<br />

<strong>The</strong> “Green Energy Act” entrusts the decisions with respect to the location, placement<br />

and noise levels <strong>of</strong> the turbines (among other issues) solely with the Province, and the<br />

provisions and requirements prescribed in the Act and its regulations are not subject to<br />

change or amendment by a municipality.<br />

While the Provincial goal with the “Green Energy Act” was to “develop consistent<br />

standards for a provincially led process for renewable energy projects, with clear,<br />

consistent rules and standardized technical requirements across the province”, many<br />

people have been voicing concerns with the lack <strong>of</strong> local decision making.<br />

Several municipalities have passed by-laws with prohibitions that exceed the Provincial<br />

mandates, including requiring:<br />

1. For construction, erection or operation <strong>of</strong> any IWT inside the <strong>Municipality</strong>, there<br />

shall be a minimum setback <strong>of</strong> a distance <strong>of</strong> 2 km from any property measured<br />

from the tip <strong>of</strong> the rotor blade in the horizontal position;<br />

101


2. In any case, noise emitted by the IWT shall not exceed 32dB at the nearest<br />

property;<br />

3. <strong>The</strong> Developer shall provide an indemnification <strong>of</strong> 100% for any loss <strong>of</strong> property<br />

value or adverse health effect directly or indirectly caused by an IWT.<br />

<strong>The</strong>se municipalities made the decision to pass by-laws in opposition to “Green Energy<br />

Act”, and are willing to take the fight to the Courts, if need be. We have received advice<br />

that a by-law enacted without the legislative authority, and more importantly, in<br />

opposition to a Provincial Act, would be unenforceable and attempting to enforce the bylaw<br />

in the Courts would be very costly, with little chance <strong>of</strong> success.<br />

Some powers and control still remain with the <strong>Municipality</strong> under other Acts, (such as<br />

the Municipal Act), and by-laws can be passed as long as they do not frustrate the<br />

purposes <strong>of</strong> a Provincial Act.<br />

MUNICIPAL OPTIONS<br />

Council asked for a report to be prepared on what legally can be done to protect the<br />

municipal assets and community’s infrastructure investment and that is the essence <strong>of</strong><br />

this report. Note: This is not intended to be an exhaustive list <strong>of</strong> issues, but a<br />

starting point for discussion.<br />

POLICIES<br />

1. Wind Turbine Development Policy<br />

As stated earlier, the <strong>Municipality</strong> has prior experience with Development Agreements<br />

for wind energy projects; however, the provisions <strong>of</strong> the agreements were drafted prior<br />

to the “Green Energy Act”. <strong>The</strong> rules are different under the Green Energy Act, and in<br />

order to clarify the municipal expectations, it is recommended that a “Municipal Wind<br />

Turbine Development Policy” be approved, which would include general provisions with<br />

respect to Municipal requirements.<br />

(See Attachment # 4 – Draft Wind Turbine Development Policy)<br />

<strong>The</strong> main purposes <strong>of</strong> the policy would be to establish the requirement <strong>of</strong> an application<br />

fee for the municipal consultation form review, and the requirement for a development<br />

agreement between the wind energy company (developer) and the municipality.<br />

<strong>The</strong> “Municipal Consultation Form” (MCF) is to be completed by the <strong>Municipality</strong>, and<br />

submitted to the energy company for consideration, and to be submitted with the “REA”<br />

application. (PL Report No. 39-2012, considered at the November 5, 2012 meeting<br />

provided more information on the MCF) <strong>The</strong> form asks for comments on issues such<br />

as location <strong>of</strong> project with respect to infrastructure and servicing, road access, traffic<br />

management plans, service connections, landscaping, emergency management, safety<br />

protocol, easements and covenants, rehabilitation, fire hydrants, drainage, waterworks,<br />

102


sanitary sewers, utilities, natural heritage, significant resources and building code<br />

issues. <strong>The</strong>re is a significant amount <strong>of</strong> municipal staff time required to review the<br />

material, co-ordinate information and complete the form.<br />

In order to ensure that the municipal costs to review the document and submitting the<br />

form are covered, it is recommended that a “Municipal Consultation Form application<br />

fee” be considered, together with a deposit to cover any municipal review costs.<br />

Item 2 on the draft policy states:<br />

That a Municipal Consultation Form Application Fee be established, and that in<br />

addition to the fee, the Developer be required to provide a deposit in the amount<br />

<strong>of</strong> $5,000.00 to cover the Municipal costs for any expert review required to<br />

complete the form.<br />

In order to clarify that a Development Agreement would be required to address all<br />

municipal concerns, the policy would require:<br />

<strong>The</strong> Municipal Consultation Form will include a requirement that the Developer<br />

enter into an agreement with the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> to satisfy all the<br />

requirements, financial and otherwise, <strong>of</strong> the <strong>Municipality</strong> concerning the<br />

development.<br />

A list <strong>of</strong> general items that could be included in the development agreement is provided<br />

in the draft policy.<br />

<strong>The</strong> suggested list for inclusion include items that are already required by the Province,<br />

however, by including the requirements or confirmations <strong>of</strong> approvals in the agreement<br />

between the <strong>Municipality</strong> and the Developer, it may help to clarify expectations,<br />

obligations and responsibilities and give the community an additional level <strong>of</strong> comfort.<br />

2. Tree Retention and Replacement Policy<br />

<strong>The</strong> goal would be to ensure that trees on the Right-<strong>of</strong>-ways are protected, and not<br />

removed, injured, pruned or destroyed if possible. Details on any proposed tree removal<br />

would be required, and if removal was the only option, the policy would dictate the<br />

number <strong>of</strong> replacement trees, type <strong>of</strong> tree, and acceptable locations for replanting, all <strong>of</strong><br />

which would be determined based on the size and type <strong>of</strong> tree(s) to be removed.<br />

PERMITS<br />

Permits are important as they not only dictate the conditions under which the permit<br />

would be granted but also the conditions under which a permit may be revoked.<br />

Appropriate permit fees and deposits amounts would be determined. <strong>The</strong> municipality<br />

has several <strong>of</strong> the below policies in place, which would be reviewed and updated to<br />

ensure all issues pertaining to turbines are included.<br />

1. Excess Load Permits<br />

103


<strong>The</strong> completion <strong>of</strong> the application would provide contact information on the contractor,<br />

and details on the proposed time and date <strong>of</strong> the move, and details on the size <strong>of</strong> the<br />

vehicle and the weight <strong>of</strong> the load, as well as the intended route. This would allow for<br />

review <strong>of</strong> the information in advance, ensure conformity with the “haul route” information<br />

provided and that road use conflicts do not arise.<br />

2. Road Cut Permits<br />

Similarly, the completion <strong>of</strong> the “Road Cut” application would provide contact<br />

information for the contractor, and details on the proposed type <strong>of</strong> cut, and would list the<br />

municipal requirements, such as the service locates required and the level <strong>of</strong><br />

remediation expected.<br />

3. Entrance permits<br />

Entrance permits for the “access roads” would require information and drawings<br />

showing the location, culvert, width, pipe size etc to be submitted and reviewed to<br />

determine any conflicts with “site lines” or municipal drains.<br />

4. Constructing Near Municipal Drains and Drain Crossing Permit<br />

<strong>The</strong> recommended provisions to be included in the permit are detailed later in the report<br />

in the “Development Agreement” section re: Drains.<br />

DEVELOPMENT AGREEMENTS<br />

<strong>The</strong> draft “Wind Turbine Development Policy” requires the Developer to enter into an<br />

agreement with the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> to satisfy all the requirements,<br />

financial and otherwise, <strong>of</strong> the <strong>Municipality</strong> concerning the development. Provincial<br />

documents reviewed encouraged renewable energy project developers to enter into<br />

reasonable agreements with the “Host municipality”.<br />

<strong>The</strong> <strong>Municipality</strong> has a number <strong>of</strong> development agreements with “Developers” <strong>of</strong><br />

subdivisions or commercial buildings, and it is anticipated that a similar agreement with<br />

similar obligations would be prepared with the developers that are benefitting from these<br />

project. <strong>The</strong> municipal solicitor would review any draft agreement to ensure the<br />

municipal concerns and liability would be covered.<br />

APPLICATION FEE<br />

<strong>The</strong> current fees for a standard Development Application are:<br />

Application fee: $ 3,500.00<br />

Agreement Preparation fee: a percentage <strong>of</strong> the servicing costs<br />

Initial Deposit for Peer review and site inspection: $ 5,000.00 with a provision for<br />

additional funds to be paid when required<br />

Applicable fees for these development agreements would be researched.<br />

104


GENERAL PROVISIONS<br />

1. Performance Guarantee and Agreement Compliance<br />

One <strong>of</strong> the standard conditions in a Development Agreement is the requirement <strong>of</strong> a<br />

“performance guarantee” in the form <strong>of</strong> a letter <strong>of</strong> credit or performance bond to ensure<br />

compliance with the obligations. <strong>The</strong> amount <strong>of</strong> the security is usually based on the<br />

value <strong>of</strong> the works or services, or in this case, it could be the estimated cost to repair<br />

any damage to municipal infrastructure. In the agreement, a requirement that the<br />

developer acknowledges the right <strong>of</strong> the <strong>Municipality</strong> to draw on the security to enforce<br />

the provisions <strong>of</strong> the agreement would be included.<br />

2. Insurance<br />

Standard agreement clauses include the requirement for the “Developer” to save the<br />

municipality harmless from any “claim, loss, costs, damages, or other expenses, or any<br />

incidental or indirect claim” arising from the “works” and for the provision <strong>of</strong> a certificate<br />

<strong>of</strong> sufficient liability insurance, naming the municipality as an additional insured.<br />

3. Mediation and Arbitration:<br />

Agreement usually contains clauses that would provide the methodology for conflict<br />

resolution between the two parties. An important item to include would be that the<br />

mediation/arbitration would take place in <strong>Lambton</strong> <strong>Shores</strong>.<br />

4. Assigning the Agreement<br />

<strong>The</strong> clause in the agreement that would deal with assigning the rights under the<br />

agreement to another company would require any subsequent owner to agree to<br />

assume all obligations and liability <strong>of</strong> the “developer” and provide for replacement<br />

assurances, insurance, deposits and guarantees, to the satisfaction <strong>of</strong> the municipality.<br />

5. Default<br />

<strong>The</strong> default section would list the actions that would take place in the event <strong>of</strong> a default<br />

<strong>of</strong> the terms <strong>of</strong> the agreement by the Developer.<br />

ROAD USE PROVISIONS<br />

<strong>The</strong> projects will require the use <strong>of</strong> municipal roads and there needs to be assurances<br />

that the community’s investment in the roads infrastructure is protected.<br />

In addition to the requirement to provide deposits to ensure repair to any damage<br />

resulting from the “works”, some agreements require the payment <strong>of</strong> road users fees,<br />

whereas others are contingent on the payment <strong>of</strong> an “Annual Community Development<br />

(or Vibrancy) Fund” as an acknowledgement <strong>of</strong> the “social, environmental and<br />

developmental impacts on the community”. <strong>The</strong>se options will be further detailed on<br />

future reports.<br />

105


Items that could be included as part <strong>of</strong> the roads component <strong>of</strong> the development<br />

agreement or in a “Road Use” agreement would be: (In no particular order)<br />

<strong>The</strong> Developer shall:<br />

RU 1) ensure plans for the proposed works are submitted to and approved by the<br />

municipality prior to commencement.<br />

RU 2) submit the proposed traffic plan and “haul routes” for approval by the<br />

municipality, prior to work commencing.<br />

RU 3) Routing plans and locations for distribution lines within the municipal road<br />

allowance to be submitted for review and approval by the municipality.<br />

RU 4) provide securities in X amount to guarantee compliance with the<br />

agreement requirements, and ensure the restoration and/or repair <strong>of</strong> any road<br />

damage.<br />

RU 5) prior to work commencing, provide an assessment, to the satisfaction <strong>of</strong><br />

the municipality, <strong>of</strong> all roads, intersections, bridges, culverts etc. to be used or<br />

affected during the project.<br />

RU 6) provide a video recording <strong>of</strong> the existing conditions <strong>of</strong> the roads, road<br />

allowances, intersection, bridges, culverts, etc that will be used or affected during<br />

the project.<br />

RU 7) No later than X months after the work is completed, provide an<br />

assessment, to the satisfaction <strong>of</strong> the municipality, <strong>of</strong> all roads, intersections,<br />

bridges, culverts etc. used or affected during the project.<br />

RU 8) No later than X months after construction/commercial operation date,<br />

provide a video <strong>of</strong> the conditions <strong>of</strong> the roads, road allowances, intersections,<br />

bridges, culverts, etc that were used during the project and arrange to repair any<br />

deficiency to the municipality’s satisfaction.<br />

RU 9) agree to repair any project related deficiencies and/or damage to the<br />

municipal infrastructure, to the municipality’s satisfaction prior to the release <strong>of</strong><br />

securities.<br />

RU 10) be responsible for the reasonable maintenance <strong>of</strong> the haul roads or roads<br />

used during construction, including dust control, grading, repairs, restoration to<br />

ensure a safe condition at all times, and so that the roads are able to support<br />

emergency service vehicles at all time.<br />

106


RU 11) Provide “as built drawings” for the distribution lines and facilities, in both<br />

paper and digital formats, showing the location <strong>of</strong> the new utility in relation to the<br />

existing utilities.<br />

RU 12) be required to obtain permission from the municipality prior to change to<br />

any approved plan.<br />

RU 13) agree that the project will have the non exclusive right to use the road.<br />

RU 14) acknowledge that the Half load season limits will apply to the project.<br />

RU 15) submit plans for the proposed “staging areas” and “crane roads” if on<br />

municipal roads.<br />

RU 16) be required to obtain permission from the municipality for the use <strong>of</strong> any<br />

unopened road allowances.<br />

RU 17) agree to be responsible for access for vehicles on any unopened roads,<br />

or road that is not municipally maintained in the winter.<br />

RU 18) mark the location <strong>of</strong> any services located on an unopened road<br />

allowance.<br />

ROADS PROVISIONS - GENERAL<br />

RG 1) no access roads will be permitted through municipal property or using<br />

existing municipal access roads.<br />

RG 2) in accordance with the municipal policy, municipal permission is required<br />

prior to any removal <strong>of</strong> any tree from the Municipal road allowance. Tree<br />

replacement will be accordance with the “Tree Retention and Replacement<br />

Policy”.<br />

RG 3) the developer and municipality will jointly determine the process for<br />

relocating the project’s infrastructure in the future if necessary.<br />

RG 4) if it is necessary for a road to be closed, the developer will follow the<br />

municipal road closing protocol.<br />

RG 5) the municipality shall have the authority to order the stoppage <strong>of</strong> work or<br />

cessation <strong>of</strong> activities on the highway where the conditions <strong>of</strong> the agreement<br />

have not been met.<br />

RG 6) in addition to the requirement to call for locates prior to undertaking work,<br />

the developer will be required to participate in the “Ontario One Call” program to<br />

reduce damages in the future to underground facilities and promote safe<br />

excavations.<br />

107


NOISE COMPLAINT PROTOCOL<br />

One <strong>of</strong> the concerns raised by residents is the noise emanating from the turbine<br />

operations. <strong>The</strong>re needs to be assurances from the Developer that a process is in place<br />

to expeditiously resolve residents concerns related to noise.<br />

In other areas, the developer provided “message centres” with an on call operator, and<br />

also, established a website where residents could report issues.<br />

<strong>The</strong> developer would be required to provide details on the process that would be<br />

followed when complaints are received and the intended process to resolve issues and<br />

would also be required to maintain a log <strong>of</strong> all calls received and include the manner in<br />

which the concern was addressed by the developer.<br />

COMPLAINT PROTOCOL<br />

Similar to the Noise Complaint Protocol, the developer would be required to provide<br />

information on the process to address other concerns residents may have, such as<br />

communication disruptions or issues pertaining to the construction or personnel.<br />

As with the Noise Complaint Protocol, the developer would be required to provide<br />

details on the process that would be followed when complaints are received and the<br />

intended process to resolve issues and would be required to maintain a log <strong>of</strong> all calls<br />

received and include information on how the concern was addressed by the developer.<br />

DECOMMISSIONING OF TURBINES<br />

<strong>The</strong> assurance that the decommissioning <strong>of</strong> the turbines takes place at the end <strong>of</strong> the<br />

project life is a Provincial responsibility, and the “Decommissioning Plan” is part <strong>of</strong> the<br />

report that the companies are required to provide for the Provincial “REA” application<br />

submission. <strong>The</strong> stated purpose <strong>of</strong> the plan is to provide information on the “closure<br />

plan” for the project and how the developer proposes to remove the facility components<br />

and restore the project location to an acceptable condition for its intended use. Details<br />

on the plans for dealing with the electrical infrastructure, substation and switching<br />

stations and access roads are also provided to the Province, as is a site restoration<br />

plan.<br />

Some municipalities are not satisfied with leaving the assurances for the<br />

decommissioning with the Province and are asking for security in the form <strong>of</strong> a bond or<br />

letter <strong>of</strong> credit to guarantee the turbines and appurtenances are properly removed at the<br />

end <strong>of</strong> the project. <strong>The</strong> legalities <strong>of</strong> this are still being investigated, and further<br />

information will be provided in future reports.<br />

DRAINS<br />

Municipal drains are constructed to improve the drainage <strong>of</strong> agricultural land and serve<br />

as the discharge point for private agricultural tile drainage systems. Drains are a vital<br />

component <strong>of</strong> the rural infrastructure, and can be manmade ditches, closed tile systems<br />

108


or natural watercourses that have been modified to improve drainage. <strong>The</strong> rural<br />

community and the <strong>Municipality</strong> have made a significant investment in the drainage<br />

infrastructure and it is important to ensure it is protected.<br />

(<strong>The</strong> protection and re-routing <strong>of</strong> tile drainage on the property with the turbine would be<br />

the responsibility <strong>of</strong> the land owners)<br />

<strong>The</strong> development agreement (or separate “Drainage” agreement) could require that:<br />

<strong>The</strong> Developer shall:<br />

D 1) work with the Drainage Superintendent to review all municipal drains on the<br />

“subject lands” or affected highways.<br />

D 2) prior to work commencing, provide plans and specification and methodology<br />

on the proposed municipal drain crossings, for approval by the <strong>Municipality</strong>.<br />

D 3) ensure that a drain report update is completed in all instances where<br />

changes to lands affect the directional flow <strong>of</strong> any surface or subsurface water<br />

that is part <strong>of</strong> a municipal drain.<br />

D 4) provide sufficient deposits to ensure the report updates required in D3 are<br />

completed.<br />

D 5) after the drain crossing is completed, submit 2 copies <strong>of</strong> design plans,<br />

specifications, and stamped engineered drawings.<br />

D 6) provide a site drainage and grading plan for each property.<br />

D 7) ensure silt fencing (or other protection) is erected when working near open<br />

municipal drains or natural watercourses.<br />

D 8) Provide storm water management reports for the subject lands, when<br />

required.<br />

EMERGENCY RESPONSE<br />

Under the Emergency Management and Civil Protection Act (EMCPA), municipalities in<br />

Ontario are required to have an emergency response plan as part <strong>of</strong> their emergency<br />

management programs. <strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> has an Emergency<br />

Response Plan, however, it was prepared prior to the arrival <strong>of</strong> the commercial wind<br />

energy projects, and the document will need to be updated to include “Emergency<br />

Response Protocols” for turbines.<br />

For emergency response, the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> contracts with the Ontario<br />

Provincial Police for police protection ( through the <strong>Lambton</strong> Group), the County <strong>of</strong><br />

<strong>Lambton</strong> is responsible for EMS (Ambulance) and well trained community volunteers<br />

provide fire protection. It will be imperative that all emergency service providers receive<br />

the information and training pertaining to possible emergency situations at wind turbine<br />

developments.<br />

109


Items for consideration for the “Emergency Response” portion <strong>of</strong> the Development<br />

Agreement include:<br />

<strong>The</strong> Developer shall:<br />

ER 1) acknowledge that it is responsible for all emergency response relating to<br />

the turbine, and that the municipal or local response will be limited to caring for<br />

and transporting victims once on the ground, guarding against the spread <strong>of</strong> fire,<br />

fighting fires in operations or accessory buildings, emergency scene<br />

management, and/or investigating criminal activities.<br />

ER 2) ensure that an emergency response plan for personnel operating the<br />

turbines is available, and all staff are aware <strong>of</strong> their duties and responsibilities,<br />

and are fully trained on the procedures and protocols. <strong>The</strong> Developer shall also<br />

ensure that regular drills are carried out and, that the required safety equipment<br />

is available.<br />

ER 3) ensure personnel are trained in High Angle and Confined Space rescue<br />

procedures and/or enter into a contract with a High Angle Service Provider.<br />

ER 4) provide any specialized equipment for High Angle rescue that is required.<br />

ER 5) provide the <strong>Municipality</strong> with copies <strong>of</strong> the emergency response protocols<br />

for:<br />

i) fire or explosion<br />

ii) injury/ trauma<br />

iiii) high angle or confined space rescue<br />

iv) collapse or collision<br />

v) environmental spills<br />

vi) Site evacuation.<br />

ER 6) If required by the <strong>Municipality</strong>, provide training in High Angle and Confined<br />

Space rescue procedures to emergency responders (for information purpose<br />

only), prior to the commencement <strong>of</strong> the operation <strong>of</strong> the project.<br />

ER 7) If required by the <strong>Municipality</strong>, provide information and/or comprehensive<br />

training for emergency responders respecting any other possible emergency,<br />

including appropriate WHMIS training.<br />

ER 8) post a sign at each IWT access road, listing the turbine number, municipal<br />

address (number and street), contact name and address <strong>of</strong> the Project manager,<br />

(including a telephone number that can be used 24 hours day) and hazmat<br />

symbols for all onsite materials.<br />

110


ER 9) ensure that all emergency service providers and the CAC Dispatch Centre<br />

have current contact names, addresses, and 24 hour telephone numbers for<br />

project manager(s).<br />

<strong>The</strong> emergency responders and Joint Health and Safety Committee would be requested<br />

to review the proposed drafts and amend or augment the requirements.<br />

Miscellaneous Provisions<br />

Other items that may not fit a specific category for consideration:<br />

<strong>The</strong> Developer shall:<br />

M 1) Provide confirmation that any Federal and Provincial requirements, if<br />

applicable, have been met:<br />

i. Transport Canada,<br />

ii. Fisheries and Oceans<br />

iii. Environment Canada (Migratory birds)<br />

vi) Fish and Wildlife Conservation Act<br />

v) Aggregate Permits<br />

vi) “Endangered Species Act”<br />

vii) Ministry <strong>of</strong> Transportation<br />

M 2) provide details on the shut down provisions for high wind, icing, or other<br />

events that would pose a safety risk.<br />

M 3) advise the municipality <strong>of</strong> any non compliance with Provincial regulations<br />

during the project.<br />

M 4) confirm that there are no siting conflicts between the turbine and any<br />

existing private air strips, weather radar signals and telecommunication towers,<br />

or similar structures.<br />

M 5) provide to the municipality copies <strong>of</strong> all noise reports submitted to the<br />

Ministry <strong>of</strong> the Environment.<br />

M 6 ) Agree that advertising will not be permitted on the turbines.<br />

M 7) agree that no lighting will be permitted on the turbines without municipal<br />

permission, other than lighting required by Transport Canada.<br />

FEES AND CHARGES<br />

Building Code and Permit Fees<br />

Under the Building Code Act, a building permit is required before the construction <strong>of</strong> a<br />

building or structure subject to the Building Code regulations, and the Chief Building<br />

111


Official is required to issue a permit unless the proposed construction will contravene<br />

the Building Code Act or other applicable law.<br />

In the Definition Section 1.1 <strong>of</strong> the “Building Code Act”, 1992, S.O. 1992, CHAPTER 23,<br />

“building” means,<br />

(d) structures designated in the building code;<br />

Ontario Regulation 350/06 – Building Code,<br />

Section 1.3.1. (1)(g) Interpretation, states:<br />

Designated Structures<br />

(1) <strong>The</strong> following structures are designated for the purposes <strong>of</strong> clause (d) <strong>of</strong> the<br />

definition <strong>of</strong> building in subsection 1 (1) <strong>of</strong> the Act:<br />

(g) a structure that supports a wind turbine generator having a rated output <strong>of</strong><br />

more than 3 kW<br />

With respect to the fee that can be charged, the “Building Code Act” states:<br />

By-laws, resolutions, regulations<br />

Fees<br />

7. (1) <strong>The</strong> council <strong>of</strong> a municipality ...... may pass by-laws,<br />

(c) requiring the payment <strong>of</strong> fees on applications for and on the issuance <strong>of</strong><br />

permits, requiring the payment <strong>of</strong> fees for maintenance inspections, and<br />

prescribing the amounts <strong>of</strong> the fees;<br />

7 (2) <strong>The</strong> total amount <strong>of</strong> the fees authorized under clause (1) (c) must not<br />

exceed the anticipated reasonable costs <strong>of</strong> the principal authority to administer<br />

and enforce this Act in its area <strong>of</strong> jurisdiction. 2002, c. 9, s. 11 (2).<br />

<strong>The</strong> current building permit fee for a turbine is: $ 350.00, plus $ 9.00 per thousand dollar<br />

<strong>of</strong> value <strong>of</strong> base/foundation, and using a valuation <strong>of</strong> $ 485,000.00, the building permit<br />

would be $ 4,715.00.<br />

24 municipalities with or expecting turbines were contacted, and there is very little<br />

consistency with respect to fees or the method <strong>of</strong> calculation across the municipalities<br />

reviewed. <strong>The</strong> <strong>Lambton</strong> <strong>Shores</strong>’ fee is on the low end <strong>of</strong> the fees and should be<br />

adjusted.<br />

Prior to passing a by-law to amend a building permit fee, municipalities are required<br />

under the Building Code Act to hold a public meeting to discuss the proposed change,<br />

and is required to provide 3 weeks’ notice <strong>of</strong> the meeting. <strong>The</strong> information that must be<br />

made available to the public at the meeting includes an estimate <strong>of</strong> the costs <strong>of</strong><br />

administering and enforcing the Act, the amount <strong>of</strong> the fee change to the existing fee,<br />

and the rationale for imposing or changing the fee.<br />

112


If Council is amenable to amending the fees, a public meeting can be scheduled to<br />

discuss changes to the building permit fees respecting Wind Turbines, Met Towers and<br />

other matters, and further reports will be provided on the issues.<br />

DEVELOPMENT CHARGES<br />

<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> is currently reviewing its Development Charges Bylaw,<br />

and the consultant assisting with this process has advised that 4 other clients have<br />

included a Development Charge for Industrial Wind Turbines.<br />

A development charge for the turbines must be “growth related”, justifiable, and in<br />

compliance with the Act, and if imposed, would assist with future capital costs. <strong>The</strong><br />

charge would be for the service components <strong>of</strong> the Development Charge that the<br />

installation and maintenance <strong>of</strong> the turbines would use, which could include roads, fire<br />

and administration (studies). This issue will be discussed in more detail at the<br />

Development Charges public meeting scheduled for December 3, 2012. <strong>The</strong><br />

Development Charges Draft Report is available on the municipal website.<br />

PARTNERS:<br />

<strong>The</strong> wind energy projects currently proposed for <strong>Lambton</strong> <strong>Shores</strong> cross municipal<br />

jurisdictional boundaries, and there are benefits in working together with our neighbours<br />

to develop similar policies, agreements and fee requirements.<br />

It would be recommended that the Municipalities <strong>of</strong> Plympton-Wyoming, Warwick and<br />

North Middlesex, as well as the County <strong>of</strong> <strong>Lambton</strong>, be contacted to discuss the<br />

possibility <strong>of</strong> developing similar provisions for the joint benefit <strong>of</strong> our municipalities.<br />

SUMMARY<br />

<strong>The</strong> above is provided to serve as a starting point for discussion purposes and for staff<br />

direction. If Council is supportive <strong>of</strong> the “Wind Turbine Development Policy”, and<br />

Development Agreement approach, staff will further refine the items for inclusion for<br />

presentation to Council.<br />

It is important to remember as the municipality goes through the process, that many<br />

parties have a role to play with respect to Industrial Wind Turbine Projects:<br />

<strong>The</strong> Province has the responsibility to ensure the project meets the legislative<br />

requirements <strong>of</strong> the Green Energy Act, and other related regulations;<br />

<strong>The</strong> <strong>Municipality</strong> has the responsibility to ensure the infrastructure and assets (including<br />

residents) are protected to the highest degree permitted;<br />

<strong>The</strong> Developers have the responsibility to construct the project in accordance with the<br />

Provincial legislation, and with respect for the Municipal requirements; and<br />

<strong>The</strong> resident in the community also have a role, as they have the right to discuss issues<br />

<strong>of</strong> concern with Council, lobby the Provincial Government for legislative changes, file<br />

113


appeals or submit requests for third party hearings under the various legislations, and/or<br />

initiate other legal actions to ensure their rights are protected.<br />

Respectfully submitted,<br />

Carol McKenzie, Clerk<br />

Attachment 1 – <strong>Lambton</strong> <strong>Shores</strong> Official Plan Provisions regarding Wind Turbines<br />

Attachment 1.5 – <strong>Lambton</strong> <strong>Shores</strong> Official Plan Map pertaining to Wind Turbines<br />

Attachment 2 – <strong>Lambton</strong> <strong>Shores</strong> Zone Provisions regarding Wind Turbines<br />

Attachment 3 – Prior Development Agreement regarding Wind Turbines<br />

Attachment 4 – Draft Wind Turbine Development Policy<br />

114


115


116


117


118


119


120


121


122


123


124


125


126


127


128


129


130


131


132


133


134


135


136


137


138


139


140


141


Attachment 4<br />

Wind Turbine Development Policy<br />

Policy #<br />

Effective Date: _____________________<br />

Coverage: This policy will govern the development <strong>of</strong> all Industrial Wind Turbine (IWT)<br />

constructed with the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> shall require developers <strong>of</strong> IWT to protect the<br />

municipal and public infrastructure from the impact <strong>of</strong> the development <strong>of</strong> Wind<br />

Generation Systems.<br />

1. Definitions<br />

Wind Generation System (WGS): means any device such as a wind charger, windmill,<br />

or wind turbine that converts wind energy to electrical energy.<br />

Developer: shall mean the owner and or operator <strong>of</strong> the Wind Project.<br />

Development: shall mean the Wind Project<br />

2. Development Consultation Application Fee<br />

That a Municipal Consultation Application Fee be established that will be applicable to<br />

all current and pending applications, and that the Developer be required to provide a<br />

deposit in the amount <strong>of</strong> $ 5000.00 to cover the Municipal costs for any expert review <strong>of</strong><br />

the information; and<br />

3. Responsibility <strong>of</strong> the Developer<br />

One <strong>of</strong> the municipal requirements included in the MCF will be to require the Developer<br />

to enter into an agreement with the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> to satisfy all the<br />

requirements, financial and otherwise, <strong>of</strong> the <strong>Municipality</strong> concerning the development.<br />

4. <strong>The</strong> Agreement<br />

That agreement shall include but not be limited to the following clauses. (Note: This is a<br />

general description <strong>of</strong> the issues and requirements that will be included in the final<br />

agreement, and in not all inclusive)<br />

Pre-construction – Which shall include all requirements prior to commencing installation:<br />

Construction - which shall include all requirements during construction<br />

142


Haul Routes - which shall include details on haul routes which shall be subject to the<br />

approval <strong>of</strong> the municipality.<br />

Private Access Roads - shall include locations.<br />

Electrical Distribution System - shall address any electrical distribution system required<br />

as part <strong>of</strong> the development.<br />

Tree Preservation - shall include address a tree replacement plan.<br />

Grading - shall address municipal requirements.<br />

Drainage- shall address public and private requirements.<br />

Lights - shall address municipal requirements.<br />

Municipal Road Use - shall address all requirements for utilizing municipal roads.<br />

Operation & Maintenance - shall address requirements for the safe operation and<br />

maintenance <strong>of</strong> the development including emergency response plans.<br />

Decommission - shall include a plan for decommissioning and securities acceptable to<br />

the municipality.<br />

Community Development Contribution - shall include a negotiated payment to the<br />

municipality to be used for community betterment projects as determined by the<br />

municipality.<br />

Costs – shall include any costs incurred by the municipality with respect to the<br />

development, including review <strong>of</strong> submissions by independent experts shall be borne by<br />

the developer. <strong>The</strong> Developer shall deposit an initial amount <strong>of</strong> $5000.00 with the<br />

<strong>Municipality</strong> to cover any municipal review costs.<br />

General Provisions - shall include all other requirements.<br />

Insurance - shall include any requirements the municipality may require.<br />

Liability - shall require the Developer to save harmless the municipality and its<br />

representatives from all actions, causes <strong>of</strong> actions, suits, claims, costs, interest and<br />

demands whatsoever which may arise either directly or indirectly by reason <strong>of</strong> the<br />

agreement.<br />

Security - shall include all securities as may be required but will include and not be<br />

limited to construction, maintenance, and decommissioning.<br />

143


THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />

BY-LAW NUMBER 127 <strong>of</strong> 2012<br />

A By-law <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

to confirm the proceedings <strong>of</strong> Council which were adopted<br />

up to and including November 19, 2012<br />

WHEREAS:<br />

It has been expedient that from time to time, the Council <strong>of</strong> the<br />

Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> should act by<br />

resolution <strong>of</strong> Council;<br />

AND WHEREAS:<br />

It is deemed advisable that all such actions that have been adopted by<br />

a resolution <strong>of</strong> the Council be authorized by By-law;<br />

THEREFORE:<br />

<strong>The</strong> Council <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

enacts as follows;<br />

THAT all actions <strong>of</strong> Council which have been authorized by a resolution <strong>of</strong> the Council and<br />

adopted in open Council and accepted by Council up to and including November 19, 2012<br />

be hereby confirmed; and<br />

THAT the Mayor and the proper <strong>of</strong>ficials <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> are hereby<br />

authorized and directed to do all things necessary to give effect to the approved actions or to<br />

obtain approvals where required, and to execute all documents as may be necessary in that<br />

behalf and the Clerk is hereby authorized and directed to affix the Corporate Seal to all such<br />

documents.<br />

THAT any pecuniary interest declared during any Council meeting or Committee meeting is<br />

deemed to be in force and the same as though repeated in this by-law;<br />

THAT THIS BY-LAW is read a FIRST, SECOND and THIRD time and finally passed<br />

November 19th, 2012<br />

_________________________<br />

MAYOR – Bill Weber<br />

_________________________<br />

CLERK – Carol McKenzie<br />

144


THE MUNICIPALITY OF LAMBTON SHORES<br />

TR Report No. 68-2012 Monday, November 12, 2012<br />

TO:<br />

FROM:<br />

RE:<br />

Mayor Weber and Members <strong>of</strong> Council<br />

Janet Ferguson, Treasurer<br />

October, 2012 Cheque Listing<br />

RECOMMENDATION:<br />

That the Municipal cheque listing for the month <strong>of</strong> October,<br />

2012 in the amount <strong>of</strong> $1,333,642.94 be accepted as<br />

presented.<br />

REPORT<br />

This report accompanies the October 2012 cheque listing in the amount <strong>of</strong><br />

$1,333,642.94. All expenses are approved by the pertinent Department Head or<br />

Manager prior to payment being made.<br />

This listing represents a typical month’s allocation for the day to day operations <strong>of</strong> the<br />

<strong>Municipality</strong> with only a few expenditures for capital projects such as the drainage work,<br />

Morris St watermain, and the trail work.<br />

If there are any questions on the expenditures included on the listing, myself or the<br />

Department Heads would be pleased to answer them.<br />

Respectfully submitted,<br />

Janet Ferguson,<br />

Treasurer<br />

145


<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

October Cheque Register<br />

2012<br />

DATE CHQ # VENDOR DESCRIPTION AMOUNT<br />

10/4/2012 35409 A.G. HAYTER CONTRACTING LTD. Goosemarsh & Goosemarsh/Klondyke Drains $151,018.09<br />

10/4/2012 35410 MR. ROB ANDERSON Final inspection security bond refund $250.00<br />

10/4/2012 35411 ARMTEC LIMITED PARTNERSHIP Materials - CS $144.48<br />

10/4/2012 35412 BEDELL'S FROZEN FOODS LTD. Forest arena canteen supplies $1,440.40<br />

10/4/2012 35413 BLACK & MCDONALD LIMITED Equipment startup & repairs - arenas $2,904.87<br />

10/4/2012 35414 BLUEWATER RECYCLING ASSOC OCC & waste lifts - August, bag tags, blueboxes $7,832.58<br />

10/4/2012 35415 CHRIS BRYCE Work boot allowance $203.39<br />

10/4/2012 35416 BURNARD CONSTRUCTION Building repair - wtr pump stn, Ark plant $960.50<br />

10/4/2012 35417 C-MAX TRANSPORTATION EQUIPMENT Supplies - GB FD $154.86<br />

10/4/2012 35418 CANADIAN TIRE CORPORATION Supplies - CS $119.26<br />

10/4/2012 35419 CANPAR TRANSPORT L.P. Courier services $52.85<br />

10/4/2012 35420 BARRY R CARD Legal fees- Armstrong E,Bldg code,GBSTF,gen $3,678.46<br />

10/4/2012 35421 CASE 'N DRUM OIL LP Shop supplies - CS $650.51<br />

10/4/2012 35423 C.U.P.E. Union dues - October $1,046.14<br />

10/4/2012 35424 MR. DARRYL DEGROOT Final inspection security bond refund $250.00<br />

10/4/2012 35425 JOANNE EASTMAN Arkona Project - TD Grant $686.81<br />

10/4/2012 35426 GOERTZ ELECTRIC LTD Parking lot light repairs $923.24<br />

10/4/2012 35427 HOME HARDWARE BUILDING CENTRESupplies - CS $143.38<br />

10/4/2012 35428 GREEN SHIELD CANADA Employee benefits - October $10,683.37<br />

10/4/2012 35429 HAYTER-WALDEN PUBLICATIONS Advertising - Aug & Sept $847.50<br />

10/4/2012 35430 HURON TRACTOR LTD Equipment repair parts - CS $383.69<br />

10/4/2012 35431 HURON SHORES MARINE LTD Equipment repairs - GB Harbour $333.63<br />

10/4/2012 35432 HYDRO ONE NETWORKS Gill Rd hydro (reimbursed) $48.56<br />

10/4/2012 35433 JET ICE LIMITED <strong>The</strong>dford arena ice paint supplies $514.24<br />

10/4/2012 35434 VOID<br />

10/4/2012 35435 BRENT KITTMER Expense reports - August & September $647.54<br />

10/4/2012 35436 LAMBTON ELDERLY OUTREACH Accessibility meeting transportation $24.00<br />

10/4/2012 35437 M & M EMBROIDERY & DESIGNS Uniforms $625.74<br />

10/4/2012 35438 THE MEARIE GROUP Regular monthly remittance $434.21<br />

10/4/2012 35439 MINISTRY OF FINANCE Regular EHT remittance $5,063.50<br />

10/4/2012 35440 MINISTER OF FINANCE Regulated remittance $305.38<br />

10/4/2012 35441 NORTH STAR ICE CO Supplies - GB Harbour $40.25<br />

10/4/2012 35442 SHIRLEY O'HALLORAN Forest compost site supervision - September $677.25<br />

10/4/2012 35443 OMERS Regular monthly remittance $33,548.70<br />

10/4/2012 35444 OMI CANADA INC. October agreement & July out <strong>of</strong> scope $125,709.87<br />

10/4/2012 35445 ORKIN CANADA Pest control - various facilities $259.90<br />

10/4/2012 35446 PEDDEN GENERAL GLASS LTD Supplies - <strong>Shores</strong> arena $284.78<br />

10/4/2012 35447 PINERIDGE BARBECUE CO LTD. Volunteer BBQ $6,186.75<br />

10/4/2012 35448 PRINCESS AUTO Supplies - CS $812.21<br />

10/4/2012 35449 SHANNON PROUT Expense report-July - Sept & Vol BBQ supplies $208.94<br />

10/4/2012 35450 REALTAX INC Tax sale proceedings $3,418.25<br />

10/4/2012 35451 RECEIVER GENERAL Regular payroll remittance $29,928.00<br />

10/4/2012 35452 BOB RONEY GB Harbourmaster contract $1,720.00<br />

10/4/2012 35453 RUNGE & ASSOCIATES INC. Generator review $1,066.72<br />

10/4/2012 35454 SCHOOLHOUSE PRODUCTS INC. Staging & tables - Legacy $15,542.91<br />

10/4/2012 35455 SPRIET ASSOCIATES Morris Street watermain $8,676.07<br />

10/4/2012 35456 SS PLAYGROUND PLANNER Supplies - CS $384.20<br />

10/4/2012 35457 WAYNE STUBBS Wtr mtr reads - September & October retainer $2,422.15<br />

10/4/2012 35458 SWISH MAINTENANCE LIMITED Facility/cleaning supplies $756.70<br />

10/4/2012 35459 TELLA SIGN Sign rental $169.50<br />

Page 1 <strong>of</strong> 4 146


<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

October Cheque Register<br />

2012<br />

DATE CHQ # VENDOR DESCRIPTION AMOUNT<br />

10/4/2012 35460 UNIFORM UNIFORMS Uniforms - NV & <strong>The</strong>dford FD's $3,179.99<br />

10/4/2012 35461 VACUTRUX LIMITED Supplies - GB Harbour $58.88<br />

10/4/2012 35462 MR. RON VANDERKANT Final inspection security bond refund $250.00<br />

10/4/2012 35463 JACK VAN GEEL PFCC facility upgrades $873.49<br />

10/4/2012 35464 MRS. AMY VANHOOYDONK Final inspection security bond refund $250.00<br />

10/4/2012 35465 V.B. SAND & GRAVEL LTD. Arkona sidewalk improvements $135.60<br />

10/4/2012 35466 BILL WEBER Mayors meeting mileage $188.27<br />

10/4/2012 35467 WEST COAST DISTRIBUTING Forest arena canteen supplies $1,115.56<br />

10/4/2012 35468 JEFF WOLFE Expense reports -July & August $391.83<br />

10/4/2012 35469 WORK EQUIPMENT LTD Equipment repair parts - CS $757.21<br />

10/4/2012 35470 ZAMBONI COMPANY LTD Equipment repair - both arenas $468.51<br />

10/4/2012 35471 GRAND BEND CABLE TV LTD Cable - GB Beach House $217.86<br />

10/4/2012 35474 CRAWFORD SECURITY N. By-Law contract $3,646.44<br />

10/4/2012 35475 MUNICIPAL IT SERVICES IT,LAN, equipment $2,875.85<br />

10/4/2012 35476 COREY TURK Reimbursement for medical licence $25.00<br />

10/5/2012 35477 BOB RONEY GB Harbourmaster contract & vacation pay $2,358.89<br />

10/5/2012 35478 CIBC Visa - all managers $7,568.44<br />

10/5/2012 35479 JACQUELINE DOLAN PFCC cleaning Sept $570.00<br />

10/5/2012 35480 JULIE MEISTER Economic development $539.25<br />

10/11/2012 35481 VIC BRESETT Final inspection security bond refund $250.00<br />

10/11/2012 35482 LARRY BROADLEY Final inspection security bond refund $250.00<br />

10/11/2012 35483 MR. DEAN MCGREGOR Final inspection security bond refund $250.00<br />

10/11/2012 35484 MR. ROD NICHOLSON Final inspection security bond refund $250.00<br />

10/11/2012 35485 PETTY CASH/ROBERTA BRANDON Replenish pettycash - Forest Office $152.65<br />

10/11/2012 35486 MR. VINCE PROUT Final inspection security bond refund $250.00<br />

10/11/2012 35487 MR. BRIAN SCHON Final inspection security bond refund $750.00<br />

10/11/2012 35488 DAVID TENNANT Final inspection security bond refund $1,500.00<br />

10/11/2012 35489 ROBERT VANDYK Final inspection security bond refund $750.00<br />

10/11/2012 35490 CAROLYN VELIKONJA Final inspection security bond refund $250.00<br />

10/11/2012 35491 DON WELTEN Building inspections $810.00<br />

10/11/2012 35492 JEFF WOLFE Exp report September $197.03<br />

10/11/2012 35493 RON MCKENZIE Wildlife damage compensation $980.00<br />

10/11/2012 35494 MUNICIPAL IT SERVICES IT, LAN $1,214.75<br />

10/18/2012 35495 ACKLANDS GRAINGER INC. Supplies - Forest FD $286.78<br />

10/18/2012 35496 ACTONS SERVICE CENTRE Vehicle mtce - CS $3,032.52<br />

10/18/2012 35497 AMEC EARTH & ENVIRONMENTAL LI Morris Street watermain $332.98<br />

10/18/2012 35498 B.M. ROSS & ASSOCIATES LTD Surface wtr quality monitoring &water review $4,913.61<br />

10/18/2012 35499 BARRY BALCOM Property standards (reimbursed),TVC bldg repair $3,214.25<br />

10/18/2012 35500 BEDELL'S FROZEN FOODS LTD. Forest arena canteen supplies $774.71<br />

10/18/2012 35501 BLUEWATER FORD SALES LTD Vehicle service - CS & bldg dept $156.07<br />

10/18/2012 35502 BLUEWATER RECYCLING ASSOC Sept co-collection,OCC & waste lifts & 4th qtr rec $132,425.48<br />

10/18/2012 35503 TAMMY BROWN Training & mileage - GB FD $1,205.15<br />

10/18/2012 35504 CANADIAN TIRE CORPORATION Supplies - CS $103.90<br />

10/18/2012 35505 CAN FUELS Fuel - Arkona FD $189.01<br />

10/18/2012 35506 CELERITY COMMUNICATIONS LTD Pager repair,radios, radio repair - CS & <strong>The</strong>d FD $3,176.21<br />

10/18/2012 35507 C.G. EQUIPMENT Vehicle repair parts - CS $80.80<br />

10/18/2012 35508 MACKENZIE CHALMERS Grass cutting - Lazy Acres $700.00<br />

10/18/2012 35509 CINTAS, THE UNIFORM PEOPLE Uniforms & supplies $2,990.18<br />

10/18/2012 35510 CORPORATE EXPRESS CANADA INC.Office supplies - Forest & GB $267.29<br />

10/18/2012 35511 COUNTY OF LAMBTON Quarterly Opt in fees - parking tickets $333.00<br />

Page 2 <strong>of</strong> 4 147


<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

October Cheque Register<br />

2012<br />

DATE CHQ # VENDOR DESCRIPTION AMOUNT<br />

10/18/2012 35512 COUNTRY CORNERS RENT ALL Equipment rental - CS $472.34<br />

10/18/2012 35513 CRAWFORD SECURITY N. By-Law contract $3,646.44<br />

10/18/2012 35514 DASHWOOD LOCK AND KEY Supplies - GB Harbour $50.01<br />

10/18/2012 35515 DAVE MOORE FUELS Fuel - CS $6,804.68<br />

10/18/2012 35516 DELTA POWER EQUIPMENT Equipment parts & service - CS & Forest FD $3,978.15<br />

10/18/2012 35517 DILLON CONSULTING Pinery Park collection service $176.96<br />

10/18/2012 35518 DUDMAN LIMITED Propane & AC repair - CS $435.00<br />

10/18/2012 35519 ERAMOSA ENGINEERING INC. SCADA mtce contract $2,480.25<br />

10/18/2012 35520 FASTENAL CANADA Shop supplies - CS $904.01<br />

10/18/2012 35521 FIRE SAFETY CANADA Fire safety supplies - FO, NV & <strong>The</strong>d FD's $799.81<br />

10/18/2012 35523 CODY GEORGE Property standards (reimbursed) $60.00<br />

10/18/2012 35524 HOME HARDWARE BUILDING CENTREMaterials & supplies - CS & GB FD $1,016.66<br />

10/18/2012 35525 HELEN HAYTER NV Office cleaning - Sept & supplies $388.55<br />

10/18/2012 35526 HAYTER-WALDEN PUBLICATIONS Sept/Oct advertising $565.00<br />

10/18/2012 35527 HENSALL DISTRICT CO-OPERATIVE Landscaping supplies $618.68<br />

10/18/2012 35528 HOLLAND CLEANING SOLUTIONS LTDFacility/cleaning supplies $460.79<br />

10/18/2012 35529 RUTH ILLMAN CIB travel expenses $204.43<br />

10/18/2012 35530 JOHNSTON BROS. (BOTHWELL) LTD Gravel - BMX park & CS $1,196.23<br />

10/18/2012 35531 JOHNSON'S SANITATION SERVICES Portable toilet rentals $248.60<br />

10/18/2012 35532 KAN FUELS Fuel - CS & <strong>The</strong>dford FD $420.38<br />

10/18/2012 35533 MR. TOM LAIRD Final inspection security bond refund $250.00<br />

10/18/2012 35534 LAMBTON GROUP POLICE SERVICESRegular monthly remittance $277,451.92<br />

10/18/2012 35535 LAMBTON AREA WATER SUPPLY SYSRegular monthly remittance $10,792.85<br />

10/18/2012 35536 LAMBTON KENT DISTRICT SCH. BD. Final inspection security bond refund $250.00<br />

10/18/2012 35537 RANDY LOVIE Work boot allowance $112.99<br />

10/18/2012 35538 BOB MAGEE PLUMBING Plumbing repairs - Forest & <strong>The</strong>d arenas $372.90<br />

10/18/2012 35539 MICROAGE BASICS GB Office supplies $118.65<br />

10/18/2012 35540 MIKE & TERRI'S NO FRILLS GB beach concession supplies $47.18<br />

10/18/2012 35541 MINISTER OF FINANCE/TRANSPORT.MTO Access fees - June - Sept $1,361.25<br />

10/18/2012 35542 MINISTER OF FINANCE Tile drainage debenture $3,559.74<br />

10/18/2012 35543 MINISTER OF FINANCE Regulated remittance $395.81<br />

10/18/2012 35544 M & L SUPPLY Supplies - GB FD $307.71<br />

10/18/2012 35545 JOEL MOLOY LTD Supplies - Cemetery & CS $1,731.16<br />

10/18/2012 35546 MUNICIPAL WORLD INC Subscriptions $111.88<br />

10/18/2012 35547 OFFICE CENTRAL Office supplies - NV & Forest Offices $2,377.37<br />

10/18/2012 35548 OMEGA CONTRACTORS INC. Morris Street watermain $79,756.03<br />

10/18/2012 35549 ORKIN CANADA Pest control - various facilities $418.10<br />

10/18/2012 35550 PETTY CASH-JODIE POLAND Replenish pettycash - NV Office $125.14<br />

10/18/2012 35551 PLAYPOWER LT CANADA, INC. T440 <strong>The</strong>dford ball park playground equipment $7,064.08<br />

10/18/2012 35552 RAWLINGS AUSABLE BRIDGE INC. Vehicle service - CS & <strong>The</strong>d FD $714.95<br />

10/18/2012 35553 RECEIVER GENERAL Regular payroll remittance $30,860.06<br />

10/18/2012 35554 RIBN' ROLLS Office supplies - GB $154.81<br />

10/18/2012 35555 SCOTT PETRIE LLP Beach O'Pines roads $2,200.11<br />

10/18/2012 35556 SEBO FARM EQUIPMENT LTD Parts - CS $119.89<br />

10/18/2012 35557 VOID<br />

10/18/2012 35558 SGS CANADA INC GB beach water testing $390.98<br />

10/18/2012 35559 VICKI SHEPPARD Forest & GB Office cleaning $260.00<br />

10/18/2012 35560 SHERWIN- WILLIAMS Supplies - CS $113.02<br />

10/18/2012 35561 DAVE SOLWAY Reimburse for supplies - Forest FD $339.00<br />

10/18/2012 35562 STANTEC CONSULTING LTD. STP process review $751.45<br />

Page 3 <strong>of</strong> 4 148


<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

October Cheque Register<br />

2012<br />

DATE CHQ # VENDOR DESCRIPTION AMOUNT<br />

10/18/2012 35563 STOKES INTERNATIONAL Supplies - <strong>The</strong>d FD $132.72<br />

10/18/2012 35564 STRONGCO Equipment repair parts - CS $912.15<br />

10/18/2012 35565 SUNMEDIA September advertising $751.04<br />

10/18/2012 35566 BLR WATERBOY Refund balance <strong>of</strong> wtr deposit $33.50<br />

10/18/2012 35567 THAMES COMMUNICATIONS Pagers & tower - FO FD, pager repairs - GB FD $19,451.10<br />

10/18/2012 35568 ROBERT TUCKER Final inspection security bond refund $250.00<br />

10/18/2012 35569 UNIFORM UNIFORMS Uniforms - Forest FD $243.80<br />

10/18/2012 35570 STEWART WEBB & SONS LTD Landscaping supplies $440.70<br />

10/18/2012 35571 DON WELTEN Building inspections $420.00<br />

10/18/2012 35572 DOUG WILCOCKS CS vehicle mtce - September $3,867.15<br />

10/18/2012 35573 WSIB Regular monthly remittance $6,695.29<br />

10/18/2012 35574 ZAVITZ GENERAL STORE Supplies - CS $728.02<br />

10/18/2012 35575 UTIL-EQUIP MANUFACTURING INC Equipment inspections - For,<strong>The</strong>d & GB FD's $1,762.52<br />

10/19/2012 35576 MUNICIPAL IT SERVICES IT, LAN $2,067.90<br />

10/25/2012 35577 GLENN C BELL S. By-Law contract $5,000.00<br />

10/25/2012 35578 BRAUN BUILT CONSTRUCTION Final inspection security bond refund $250.00<br />

10/25/2012 35579 CITY TREASURER - LONDON Purchase <strong>of</strong> water $55,668.22<br />

10/25/2012 35580 MR. RICK DEWEERD Final inspection security bond refund $250.00<br />

10/25/2012 35581 KYMBER-LEI EVANS Refund rental damage deposit $206.00<br />

10/25/2012 35582 ASHLEY FARR Mileage - June - October $187.04<br />

10/25/2012 35583 ROYAL CANADIAN LEGION BRANCH #2012 Poppy Fund Donation $45.00<br />

10/25/2012 35584 HURON SHORES MARINE LTD Northside Tug $535.68<br />

10/25/2012 35585 HYDRO ONE NETWORKS Gill Rd hydro (reimbursed) $48.54<br />

10/25/2012 35586 LEGE'S FARMS LTD Final inspection security bond refund $1,750.00<br />

10/25/2012 35587 TODD MELLIN Fire prevention meetings - GB FD $244.40<br />

10/25/2012 35588 CATHERINE MINIELLY CIB expenses $80.34<br />

10/25/2012 35589 OKE WOODSMITH Final inspection security bond refund $750.00<br />

10/25/2012 35590 PROUTS BUILDING CENTRE Materials & supplies - CS & Forest FD $598.30<br />

10/25/2012 35591 KEN RAU Return road bond $2,000.00<br />

10/25/2012 35592 ROYAL CANADIAN LEGION FOREST B2012 Poppy Fund Donation $45.00<br />

10/25/2012 35593 SEV CON PAVING Rotary Trail $94,788.36<br />

10/25/2012 35594 VICKI SHEPPARD GB & Forest <strong>of</strong>fice cleaning $260.00<br />

10/25/2012 35595 SOCAN 3rd quarter copyright fees - Legacy $139.42<br />

10/25/2012 35596 THEDFORD LEGION BRANCH 278 2012 Poppy Fund Donation $45.00<br />

10/25/2012 35597 TRIPLE "L" FARMS INC. Final inspection security bond refund $1,750.00<br />

10/25/2012 35598 MR. DANNY TURNER Final inspection security bond refund $250.00<br />

10/25/2012 35599 TOWN OF PLYMPTON-WYOMING Drainage $1,978.80<br />

10/25/2012 35600 MUNICIPAL IT SERVICES IT,LAN $2,339.10<br />

10/29/2012 35601 CITY OF SARNIA CS - Training $125.00<br />

10/31/2012 PAP EASTLINK PRE-AUTHORIZED PAYMENTS $853.42<br />

10/31/2012 PAP EXECULINK TELECOM PRE-AUTHORIZED PAYMENTS $1,414.11<br />

10/31/2012 PAP HAY COMMUNICATIONS PRE-AUTHORIZED PAYMENTS $1,160.35<br />

10/31/2012 PAP HYDRO ONE NETWORKS PRE-AUTHORIZED PAYMENTS $49,624.34<br />

10/31/2012 PAP RBC (Paytickets) PRE-AUTHORIZED PAYMENTS $111.87<br />

10/31/2012 PAP RELIANCE PRE-AUTHORIZED PAYMENTS $439.80<br />

10/31/2012 PAP ROGERS AT & T PRE-AUTHORIZED PAYMENTS $1,521.69<br />

10/31/2012 PAP SSQ PRE-AUTHORIZED PAYMENTS $8,247.97<br />

10/31/2012 PAP UNION GAS PRE-AUTHORIZED PAYMENTS $4,051.53<br />

TOTAL $1,333,642.94<br />

Page 4 <strong>of</strong> 4 149

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!