View - The Municipality of Lambton Shores

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES
Date of Meeting: March 19, 2012
Regular Council Meeting
Members Present: Mayor Bill Weber
Deputy Mayor Elizabeth Davis-Dagg
Councillor Davie Maguire
Councillor Doug Bonesteel
Councillor Lorie Scott
Councillor Ruth Illman
Councillor Martin Underwood
Councillor Doug Cook
Councillor John Russell
Staff Present:
C.A.O. John Byrne
Clerk Carol McKenzie
Treasurer Janet Ferguson
Director of Community Services Brent Kittmer
Planner Patti Richardson
Administrative Assistant Roberta Brandon
1. CALL TO ORDER
Mayor Weber called the meeting to order at 7:00 p.m.
2. DECLARATION OF PECUNIARY OR CONFLICT OF INTEREST
The Mayor asked members of Council to declare any pecuniary or conflict of interest
that they may have with the business itemized on the agenda and the Deputy Mayor
declared a conflict with Item 5.3 of the Agenda dealing with wind turbines.
3. CONFIRMATION OF MINUTES FROM PREVIOUS MEETINGS
3.1 Regular Council Meeting – February 14, 2012
The minutes of the February 14, 2012 Council meeting were reviewed.
12-0319-01 Moved by: Councillor Russell
Seconded by: Councillor Maguire
That the minutes of the February 14, 2012 Council meeting be
accepted as presented.
Carried

Minutes of the March 19, 2012 Council Meeting
3.2 Regular Council Meeting – March 5, 2012
Council reviewed the minutes of the regular Council meeting held the 5 th day of March,
2012.
12-0319-02 Moved by: Deputy Mayor Davis-Dagg
Seconded by: Councillor Scott
That the minutes of the March 5, 2012 regular Council meeting be
accepted as presented.
Carried
4. DELEGATIONS, PUBLIC MEETINGS & PRESENTATIONS
4.1 Dr. Carl Belke, Ad Hoc Sewage Advisory Committee – Re Executive
Summary
Dr. Carl Belke appeared as a delegate of Council to provide details on the report
prepared by the Ad Hoc Sewage Advisory Committee responsible for reviewing the
issues pertaining to a sewer collection system for Zones 3 and 4 and the relationship to
the new proposed sanitary treatment facility.
Dr. Belke offered his appreciation to both Council and Committee members for their
contributions to this document. He provided details on the executive summary and the
content of the appendixes.
Mayor Weber and other members of Council thanked Dr. Belke and the committee for
the effort put into this document and Councillor Bonesteel noted the importance of
forming a strategic partnership with such organizations as the University of Guelph and
ARKELL to enlist their expertise in managing the wastewater challenges faced by the
Municipality.
A lengthy discussion ensued with members expressing their views on the document and
the best method to proceed, and it was noted that the information needed to be
reviewed prior to decisions on the next steps.
12-0319-03 Moved by: Councillor Illman
Seconded by: Councillor Cook
That the report on the Review of Zone 3 & $ Sewer Collection
Systems and their relationship to the new Sanitary Treatment
Facility be received and filed and referred to any future EA process.
Carried
Councillor Bonesteel reiterated the need for an exploratory group with associations such
as those mentioned for guidance on where to go from here and both Councillors Russell
and Illman noted that if Council members had issues that needed resolving following a

Minutes of the March 19, 2012 Council Meeting
thorough review of the Ad Hoc document, those issues should be brought forward for
discussion and direction to staff.
A recorded vote was requested on the following motion:
12-0319-04 Moved by: Councillor Bonesteel
Seconded by: Councillor Underwood
That an exploratory group be formed with representatives of
Council, staff and such organizations as the University of Guelph,
ARKELL and Fleming College to discuss how to proceed on issues
such as the Grand Bend and Area Sewage Treatment Facility and
a Sewage Collection System for Zones 3 and 4.
Motion Failed
Those voting in favour of the motion:
Deputy Mayor Davis-Dagg
Councillor Bonesteel
Councillor Underwood
Councillor Scott
Those voting against the motion:
Councillor Maguire
Councillor Russell
Councillor Illman
Councillor Cook
Mayor Weber.
12-0319-05 Moved by: Councillor Russell
Seconded by: Deputy Mayor Davis-Dagg
That organizations such as the University of Guelph, Arkell and
a Fleming College be contacted to discuss any programs that they
could offer to assist with issues related to the Sewage Treatment
Facility and a Sewage Collection System. Carried
5. CORRESPONDENCE & PETITIONS
Correspondence – Receive and File
5.1 Correspondence from the Lambton County Rural Game Protective
Association – Re: 2012 Annual Banquet

Minutes of the March 19, 2012 Council Meeting
5.2 Correspondence from the Lambton County Municipal Association – Re:
Annual Meeting and Banquet
Correspondence was provided to Council on the upcoming annual meetings for the
“County of Lambton Municipal Association” and the “Rural Games Protective
Association”.
12-0319-06 Moved by: Councillor Maguire
Seconded by: Councillor Cook
That correspondence from the Lambton County Rural Game
Protective Association and the Lambton County Municipal
Association regarding the annual banquets for both these
associations be received and filed.
Carried
Correspondence – For Council Direction
5.3 Correspondence from the Municipality of Clarington – Re: Request for
Moratorium on Wind Turbines
A request for a moratorium on wind turbines from the Municipality of Clarington was
briefly reviewed.
12-0319-07 Moved by: Councillor Cook
Seconded by: Councillor Russell
That correspondence form the Municipality of Clarington requesting
a moratorium on wind turbines be received and filed. Carried
5.4 Correspondence from Deputy Mayor Davis-Dagg – Re: Lambton Shores
Input into Source Protection Plans
Correspondence from Deputy Mayor Davis-Dagg regarding comments from the
Municipality of Lambton Shores into Source Water Protection Plans was reviewed.
In the draft letter to the Ausable Bayfield Maitland Valley Source Protection Region, the
Deputy Mayor outlined several issues she felt were fundamental and needed to be
addressed in the Source Protection Plans to ensure protection for the Lambton Shores’
residents.
Councillor Illman reminded Council there was no significant risk to source water within
Lambton Shores as explained by Cathie Brown at a previous meeting and that for those
moderate risks, good practices and partnerships were important and that Ontario’s

Minutes of the March 19, 2012 Council Meeting
Clean Water Act would have specific regulations and provisions to deal with source
water protection.
A lengthy discussion ensued on having these issues addressed at the County level,
perhaps though the Lambton County Agricultural Committee and Deputy Mayor
reiterated the need to have rural concerns regarding the draft source protection polices
addressed.
12-0319-08 Moved by: Deputy Mayor Davis Dagg
Seconded by: Councillor Russell
That Council send the letter as proposed by Deputy Mayor Davis-
Dagg to the Ausable Bayfield Conservation Authority regarding
concerns with the Source Water Protection Plan and further that a
letter requesting input on the Source Water Protection Plans be
sent to the Lambton County Agricultural Committee, and other farm
organizations.
Motion Lost
6. CONSIDERATION OF COMMITTEE MINUTES AND STAFF REPORTS
6.1 Minutes of the February 16, 2012 Meeting and General Manager’s Report for
the Ausable Bayfield Conservation Authority
The minutes of the February 15, 2012 meeting and General Manager’s Report for the
Ausable Bayfield Conservation Authority were reviewed and Councillor Scott advised
that the budget reflected a 3% increase.
An item pertaining to a charge under levied by the Conservation Authority for building
without a permit, and it was noted that the Lambton Shores inspector had been advised
by the owner that the Authority did not require a permit.
12-0319-09 Moved by: Councillor Cook
Seconded by: Councillor Russell
That the minutes of the February 16, 2012 meeting and General
Manager’s report for the Ausable Bayfield Conservation Authority
be received and filed.
Carried
6.2 Draft Minutes of the Grand Bend Area Sewage Treatment Board held March
15, 2012
The draft minutes of the Grand Bend Area Sewage Treatment Board meeting held the
15 th day of March, 2012 were reviewed and in the discussion regarding the proposed
“Working Group”, Councillor Illman proposed a motion that had 2 distinct parts, and
after discussion, it was decided that the two issues should be dealt with separately.

Minutes of the March 19, 2012 Council Meeting
12-0319-10 Moved by: Councillor Illman
Seconded by: Councillor Cook
That the draft minutes of the Grand Bend Area Sewage Treatment
Board held March 15, 2012 be received.
Carried
In regards to establishing the “Working Group” and the Tri-Municipal’s resolution to
have the group composed of one (1) Board representative from each participating
Municipality Council discussed who would best represent the Municipality.
A recorded vote was requested on the following motion:
12-0319-11 Moved by: Councillor Illman
Seconded by: Councillor Cook
That Mayor Weber be appointed as representative to the Tri-
Municipal “Working Group” to look at alternatives to the Grand
Bend Area Sewage Treatment Facility.
Motion Lost
Those voting in favour of the motion:
Councillor Cook
Councillor Illman
Those voting against the motion:
Deputy Mayor Davis-Dagg
Councillor Maguire
Councillor Bonesteel
Councillor Scott
Councillor Russell
Councillor Underwood
12-0319-12 Moved by: Councillor Cook
Seconded by: Councillor Russell
That Deputy Mayor Elizabeth Davis-Dagg be appointed as
representative to the Tri-Municipal “Working Group” to look at
alternatives to the Grand Bend Area Sewage Treatment Facility.
Carried
Corporate & Strategic
6.3 C.A.O. Report No. 27-2012 – Re: 2011 Tender Awards – Riding Mower &
Floor Scrubber – Community Services Department

Minutes of the March 19, 2012 Council Meeting
Information was provided to Council for clarification on issues relating to two tenders
issued by the Municipality for the Community Services Department, one being the “23
hp Riding Mower” and the other being the “Riding Floor Scrubber was provided in
C.A.O. Report No. 27-2012.
12-0319-13 Moved by: Councillor Maguire
Seconded by: Councillor Russell
That C.A.O. Report No. 27-2012 regarding the awarding of tenders
for a riding mower and floor scrubber for the Community Services
Department be received and filed.
Carried
6.4 C.A.O. Report No. 29-2012 – Re: Job Search – North Area Manager
The process of replacing the soon to retire North Area Manager was outlined in C.A.O.
Report No. 29-2012.
Planning
12-0319-14 Moved by: Councillor Cook
Seconded by: Councillor Maguire
That C.A.O. Report No. 29-2012 regarding the job search for a
North Area Manager be received and filed.
Carried
6.5 PL Report No. 07-2012 – Re: Amending Severance agreement – Lots 13 and
14, Registered Plan 34 – Corporation of the Municipality of Lambton Shores
Planner Patti Richardson outlined for Council the situation with respect to a condition in
a development agreement for a to subject to a recent consent. The agreement states
that “ Due to the environmental sensitivity and the topography of the building lot
described as Lots 13 and 14, Registered Plan 34, prior to a building permit being issued
for any buildings or structures on the building lot, the Owner of the lot, shall submit a
plan to the satisfaction of the Municipality, which demonstrates how the general
topography and natural vegetation on the lands will be maintained. No grade change
shall be permitted without approval from the Municipality.”
A building permit application has now been submitted for the future dwelling, and an on
site meeting with representatives of the owners, Municipality and Conservation
Authority, and as a result, the need to amend the grading plan was identified. The
agreement as noted above requires municipal approval for any grade changes, and an
amending agreement to provide for the changes was provided for Council review and
approval.
12-0319-15 Moved by: Councillor Illman
Seconded by: Councillor Russell

Minutes of the March 19, 2012 Council Meeting
That Council pass a by-law authorizing the execution of an
amending Severance Agreement with Brian Demkowicz for lands
described as Lots 13 and 14, Registered Plan 34, (geographic
Township of Bosanquet), now the Municipality of Lambton Shores
in the County of Lambton.
Carried
6.6 D.C.S. Report No. 07-2012 – Re: Semi-Annual Drinking Water Operation
Council Update
Details on the operations that go into maintaining a safe drinking water system for the
Municipal utility customers were outlined in D.C.S. Report No. 07-2012.
12-0319-16 Moved by: Councillor Underwood
Seconded by: Councillor Illman
That D.C.S. Report No. 07-2012 regarding a semi-annual update
on drinking water operations be received and filed. Carried
6.7 D.C.S. Report No. 08-2012 – Re: Streetlight Requests
Requests for a streetlight at 7400 Dolway Drive in Port Franks and 9655 James Avenue
in Ipperwash were outlined in D.C.S. Report No. 08-2012.
Director of Community Services Brent Kittmer noted that in reviewing these requests in
conjunction with the Policy # 38 – Municipal Street lighting Policy, it was determined that
the installation of streetlights as requested would be for the sole purpose of improving
the security of private property and did not meet the criteria
12-0319-17 Moved by: Councillor Illman
Seconded by: Councillor Russell
That D.C.S. Report No. 08-2012 regarding requests for streetlight
be accepted as presented and that the request for a streetlight at
7400 Dolway Drive in Port Franks and 9655 James Avenue in
Ipperwash be denied.
Carried
6.8 D.C.S. Report No. 09-2012 – Re 2012 Dust Suppression – Tender Award
The tender for the supply of Dust Suppression to meet the 2012 Municipal requirements
were recently reviewed, and the results were summarized in D.C.S. Report No. 09-
2012.
12-0319-18 Moved by: Deputy Mayor Davis-Dagg
Seconded by: Councillor Underwood

Minutes of the March 19, 2012 Council Meeting
That the tender submitted by Den-Mar Brines in the amount of
$45,892.12 for the 2012 Dust Suppression Request for Proposal as
outlined in D.C.S. Report No. 09-2012 be accepted and approved
and that By-law 26-2012 authorizing the Mayor and Clerk to sign
the associated contract agreement be approved. Carried
6.9 D.C.S. Report No. 10-2012 – Re: 2012 Gravel Tender Results
Tenders for the supply of gravel for the 2012 road programs were recently received, and
it is being recommended that the low tender, submitted by Johnston Bros. (Bothwell)
Limited be accepted.
12-0319-19 Moved by: Councillor Cook
Seconded by: Councillor Maguire
That D.C.S. Report No. 10-2012 be approved and that the
Municipality of Lambton Shores enters into an agreement with
Johnston Bros. (Bothwell) Limited for the 2012 Supply of gravel in
the amount of $191,806.20 including HST;
And that By-law 27-2012 authorizing the Mayor and Clerk to sign
the associated contract agreement be approved. Carried
6.10 D.C.S. Report No. 11-2012 – Re: The Shores Recreation Centre – 2011
Summary
A summary of events held at The Shores Recreation Centre in Forest were provided in
D.C.S. Report No. 11-2012 and it was noted “The Shores” has an integral role in
Lambton Shores, as it is a place where all residents can come and enjoy themselves,
by joining one of the many physical activities offered or attending a special event taking
place.
12-0319-20 Moved by: Councillor Russell
Seconded by: Councillor Underwood
That D.C.S. Report No. 11-2012 regarding a summary of activities
at The Shores Recreation Centre in 2011 be received and filed.
Carried
6.11 D.C.S. Report No. 12-2012 – Re: Request for Warning Signs – Union Street
A request for the Municipality to install “Watch for Children” signage on Union Street in
Forest between Queen and Clyde Streets was reviewed, and Director of Community
Services Brent Kittmer asked that Council consider the development of a policy so that

Minutes of the March 19, 2012 Council Meeting
these requests could be dealt with a staff level, similar to the policy dealing with
streetlights.
12-0319-21 Moved by: Councillor Underwood
Seconded by: Deputy Mayor Davis-Dagg
That staff install “Watch for Children” signs in both directions on
Union Street between Queen and Clyde Streets and that staff
develop a policy for Council approval on the appropriate of signage.
Carried
Finance and Administration
6.12 TR Report No. 14-2012 – Re: 2011 Capital Project Reserve Fund Allocation
TR Report No. 14-2012 provided details on allocating funds required for transactions
outside of the approved 2011 Capital Budget, the first being an overage in the
Information Technology budget and the second being additional funds for the road
component of Allen Street reconstruction.
12-0319-22 Moved by: Councillor Scott
Seconded by: Councillor Illman
That Council authorizes staff to fund the 2011 Information
Technology projects from the IT Reserve Fund and the Allen Street
Road Capital component from the Gas Tax Funding as outlined in
Treasurer’s Report No. 14-2012.
Carried
6.13 CL Report No. 26-2012 – Re: Short Term Rental Accommodation Committee
– Mid Way Report
An update on the progress of the Short Term Rental Accommodations Committee was
provided in CL Report No. 26-2012 and it was agreed that Council confirm as one of its
priorities the enforcement of municipal by-laws and regulations that negatively impact
the safety and peace of the residents of the Municipality of Lambton Shores.
12-0319-23 Moved by: Councillor Scott
Seconded by: Councillor Illman
That CL Report No. 26-2012 be accepted as presented and that
Council confirms the enforcement of municipal by-laws and
regulations that negatively impact the safety and peace of the
residents of the Municipality of Lambton Shores is a Municipal
priority, and that an additional $5,000.00 is allocated to the 2012
by-law enforcement budget.
Carried

Minutes of the March 19, 2012 Council Meeting
6.14 CL Report No. 27-2012 – Re: Request for an Extension of an Agreement –
Grand Bend and Area Chamber of Commerce – Information Booth, 81
Crescent Street, Grand Bend
The renewal of the agreement with the Grand Bend and Area Chamber of Commerce
for the use of a parcel of Municipal land at the corner of Highway #81 and 81 Crescent
Street in Grand Bend was reviewed. It was noted that this has been a very successful
partnership in the past, and the Clerk Carol McKenzie recommended to Council that the
agreement be renewed for an additional 5 years.
12-0319-24 Moved by: Deputy Mayor Davis-Dagg
Seconded by: Councillor Maguire
That the request for the extension of the licence agreement for the
Grand Bend and Area Chamber of Commerce for the use of
Municipal property for an Information Booth be approved, as
outlined in CL Report No. 27-2012.
Carried
6.15 CL Report No. 29-2011 – Re: Applications to be heard by the Committee of
Adjustment on March 22 nd , 2012
Information on two applications to be heard by the Committee of Adjustment at the
March 22, 2012 meeting was provided in CL Report No. 29-2011.
12-0319-25 Moved by: Councillor Russell
Seconded by: Councillor Maguire.
That CL Report No. 29-2011 providing details on those applications
to be heard by the Committee of Adjustment at the March 22, 2011
meeting be received and filed.
Carried
7. BY-LAWS AND RESOLUTIONS
12-0319-26 Moved by: Councillor Maguire
Seconded by: Councillor Scott
That the following by-laws be read a first, second and third time,
passed and numbered appropriately, signed by the Mayor and
Clerk and engrossed in the by-law book:
- By-law 26-2012 – Authorize Agreement for Dust Suppression –
Den Mar
- By-law 27-2012 – Authorize Agreement for Gravel – Johnston Bros.
- By-law 28-2012 – Authorize an Amending Severance Agreement –
Dernkowicz
- By-law 29-2012 – Confirming Resolutions to Date. Carried

Minutes of the March 19, 2012 Council Meeting
8. TR Report No. 13-2012 – Re: February, 2012 Cheque Register
The cheque register for the month of February 2012 was reviewed by Council.
12-0319-27 Moved by: Councillor Russell
Seconded by: Councillor Scott
That the Municipal accounts for the month of February, 2012 in the
amount of $1,601,486.22 be accepted as presented. Carried
9. COUNCILLOR REPORTS
Mayor Weber reported that there would be a Public Information Centre March 22, 2012
in Port Franks to deal with the proposed communications tower, that he had attended
the Grand Opening of the Dream Lottery Home in Pinery Bluffs, and the Pancake
Breakfast held for the Maple Syrup Festival at Ipperwash.
Councillor Russell reported that a committee of people representing the user groups for
the Legacy Centre was being formed to discuss the formation of a “Legacy Centre
Historical project”.
Councillor Scott reported that the application for members for the “Economic
Development Task Force” are available from the municipal offices, members of Council
or the website.
Councillor Bonesteel reported that a couple meetings had been held for the Lambton
Shores’ Nature Trail Committee, that the OMERS website had information on trail
activity, that a fundraising dance was being held at the Port Franks Community Centre
on April 21 st and that he had met with representatives of the Grand Bend Community
Foundation and they have some funds available for that could be put towards a bike
path from the Village of Grand Bend to Klondyke Park.
He further asked for consideration of a half page advertisement in the local papers
providing an update for residents on where Council is with the Grand Bend Area
Sewage Treatment Facility and the Zone 3 and 4 Collection System. Council members
concurred that in order to improve communications staff put together a draft
advertisement for Council review and approval.
12-0319-28 Moved by: Councillor Bonesteel
Seconded by: Councillor Russell
That staff present to Council for approval a proposed advertisement
to be submitted to local newspapers updating residents on the
status of the Grand Bend and Area Sewage Treatment Facility and
the Sewage Collection System for Zones 3 and 4. Carried

Minutes of the March 19, 2012 Council Meeting
Councillor Bonesteel also asked for clarification on the appearance of Chris Hutt of the
Ministry of Environment at the February 2 nd meeting of Council.
C.A.O. John Byrne advised that the municipal partners in the Grand Bend and Area
Sewage Treatment facility, and other interested parties, such as Mr. Hutt, and staff from
the Build Canada were notified of the Council’s January 30, 2012 decision to reconsider
its position on the Grand Bend and Area Sewage Treatment Facility and the decision of
the Tri-Municipal Board to grant time to Lambton Shores to discuss the options. It was
also noted that Council would be meeting on the 2 nd of February to further discuss this
matter at the open meeting of Council. Mr. Byrne noted that at the February 2 nd , 2012
meeting, Mr. Hutt was invited to come to the Council table to speak on the issue.
Councillor Underwood reported that the Fire Department’s St. Patrick’s Day Dance was
well attended, offered his appreciation of the advertisement in the local papers on the
importance of carbon monoxide detectors and further notified Council that the trail group
would be in Forest to look at the trail options etc. within the south end of the
Municipality.
Councillor Illman reported that she had attended the launch of the Ontario Southwest
RTO website workshop in St. Thomas, at which Robert Brooks spoke on destination
development. It was noted that it would be insightful to look into the Ontario Southwest
Regional Tourism Organization website and the importance of working together to
promote experiences in Lambton Shores.
She also advised Council that the Ice Skating Festivals were coming up in Forest and
Thedford.
Councillor Cook reported that the Rock Glen Trail System was being very well utilized.
Deputy Mayor Davis-Dagg reported that she would be attending the UWO Capstone
Competition at the Research Park in Sarnia. This competition provides students of the
Chemical and Biochemical Engineering program an opportunity to present their design
projects to industry and community leaders.
10. NEW BUSINESS
10.1 Request from Deputy Mayor Davis-Dagg – Re: Freedom to Select a
Preferred Email Address
Deputy Mayor Davis-Dagg explained to Council that she would like to have a different
email address, one that is not channelled through the Municipality’s server, and was
independent of Lambton Shores.
12-0319-29 Moved by: Deputy Mayor Davis-Dagg
Seconded by: Councillor Russell

Minutes of the March 19, 2012 Council Meeting
That the Deputy Mayor be allowed to change her email address to
that of her own choosing from that assigned by the Municipality.
Carried
Councillor Scott asked for Council direction as to how to participate in AquaFest and
was advised of the importance of involving the different community organizations from
the Ipperwash Beach area in planning this event for 2012.
11. DISCUSSION PERIOD
Bob Sharen asked for clarification on the payment made to OMI for locates, and if OMI
is paid to maintain the Municipal water system, would they clean the graffiti from some
of the structures that are part of the water and sewer system.
Jodie Speake asked the Mayor for answers to questions that have been asked
previously that have not been answered and it was noted that questions are answered
on behalf of Council as a whole.
12. CONFIDENTIAL
12-0319-30 Moved by: Councillor Maguire
Seconded by: Councillor Scott
That the Council meeting goes into a “Closed Session” at 9:33 p.m.
to discuss the 2012 Collective Agreement, a Statement of Claim
and litigation or a potential litigation matter. (Authorization to Close
– Sections 239 (2) d and e of the Municipal Act.) Carried
Council rose and reported progress on legal matters.
13 ADJOURN
12-0319-31 Moved by: Councillor Cook
Seconded by: Councillor Scott
That the March 19, 2012 Council meeting adjourns at 10:30 p.m.
Carried