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The Municipality of Lambton Shores

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

Meeting Number: 15-2011<br />

Date <strong>of</strong> Meeting: Monday, May 02, 2011<br />

Time: 07:00 p.m.<br />

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

Place <strong>of</strong> Meeting: Village Complex, <strong>The</strong>dford<br />

1. Call to Order<br />

AGENDA<br />

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

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

Pages<br />

3.1 Regular Council Meeting - April 18, 2011 1 - 11<br />

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

4.1 7:05 p.m. Public Meeting - Application for a Zone Amendment ZO-<br />

02/2011 for Cecil & Kevin Thody - Clemens Line (See PL Report<br />

No. 21-2011)<br />

4.2 7:05 p.m. Stephen W. Gill & David R. Watson - Re: Question <strong>of</strong><br />

Faulty Water Meter at 7186 Bruce Scott Road<br />

4.3 7:05 p.m. Arkona Fire Chief Jim Sisler - Re: Tender Results for<br />

the Fire Tanker Truck (See C.A.O. Report No. 24-2011)<br />

5. Correspondence & Petitions<br />

Correspondence - Receive and File<br />

5.1 Ms. Megan Thomas - Re: Fundraiser for the Make a Wish<br />

Foundation <strong>of</strong> Southwestern Ontario<br />

Correspondence - Referred to Staff for Resolution or a Report<br />

5.2 Mr. Dave Bowen - Re: Speed Limits on Ipperwash Roads in the<br />

Vicinity <strong>of</strong> the Beach<br />

Correspondence - For Council Direction<br />

5.3 Mrs. Sharon Weitzel <strong>of</strong> the <strong>Lambton</strong><strong>Shores</strong> Community<br />

Association - Re: Responses to the Grand Bend Beach Research<br />

and Consultation Initiative - Draft Report - March 2011 Paper<br />

5.4 Brian Knott, City <strong>of</strong> Sarnia Solicitor - Re: Planned Closing <strong>of</strong><br />

Sarnia Jail - 2013<br />

12 - 13<br />

14 - 14<br />

15 - 15<br />

16 - 24<br />

25 - 27


5.5 Mr. Bill McCann <strong>of</strong> McCann Redi-Mix Inc. - Re: Sewage Capacity<br />

for Proposed Seniors' Apartment Builidng<br />

5.6 Mr. Larry Brown, Chairman <strong>of</strong> the Ausable Bayfield Maitland<br />

Valley Drinking Water Source ProtectionCommittee - Re: Notice -<br />

Draft <strong>of</strong> Proposed Changes - Updated Assessment Reports<br />

5.7 Mrs. Cynthia Cook, Chairperson <strong>of</strong> the Ipperwash & Area<br />

Community Policing Committee - Re: Council Granted Funds<br />

5.8 Mr. Wayne Nelson, Chairperson <strong>of</strong> the Port Franks Community<br />

Police Committee - Re: Council Granted Funds<br />

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

6.1 Minutes <strong>of</strong> the Grand Bend Area Sewage Plant Board Meeting<br />

held April 1, 2011<br />

Corporate & Strategic<br />

6.2 C.A.O. Report No. 23-2011 - Re: Business Plan - <strong>The</strong>dford Dirty<br />

Dogs Senior AA Hockey Team<br />

6.3 C.A.O. Report No. 24-2011 - Re: Tender Approval - Water Tank<br />

Truck - Arkona Fire Department<br />

Planning<br />

6.4 PL Report No. 19-2011 - Re: Grand Bend <strong>Shores</strong> Development<br />

(Murray Troup) Proposed Development<br />

6.5 PL Report No. 21-2011 - Re: Zoning By-law Amendment<br />

Application ZO-02/2011 for Cecil & Kevin Thody - Clemens Line<br />

6.6 PL Report No. 22-2011 - Re: Site Plan Agreement between MOR<br />

Properties Inc. and the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong> for 29 Main Street, West, Grand Bend<br />

Community Services<br />

6.7 D.C.S. Report No. 38-2011 -Re: Tractor Request for Proposals -<br />

Results<br />

Administration & Finance<br />

6.8 CL Report No. 31-2011 - Re; Taxi Licenses in the Village <strong>of</strong><br />

Grand Bend<br />

6.9 CL Report No. 32-2011 - Re: Annual Agreement with Xtreme<br />

Water Sports for the Use <strong>of</strong> Municipal Property<br />

7. By-laws & Resolutions<br />

7.1 By-law 33-2011 - Authorize Site Plan Agreement with MOR<br />

Properties - 29 Main Street, West, Grand Bend (See PL Report<br />

No. 22-2011)<br />

28 - 28<br />

29 - 30<br />

31 - 32<br />

33 - 36<br />

37 - 40<br />

41 - 44<br />

45 - 46<br />

47 - 50<br />

51 - 67<br />

68 - 80<br />

81 - 83<br />

84 - 91<br />

92 - 99


7.2 By-law 34-2011 - Zone Amendment - Thody (See PL Report No.<br />

21-2011)<br />

7.3 By-law 36-2011 - Authorize Agreement with Xtreme Water Sports<br />

(See CL Report No. 32-2011)<br />

7.4 By-law 37-2011 - Confirming Resolutions to Date 100 - 100<br />

8. Accounts<br />

8.1 None at this time.<br />

9. Councillor Reports<br />

9.1 Councillor Russell - Proposed Tour <strong>of</strong> Bluewater Recycling<br />

Facility<br />

101 - 101<br />

9.2 Mayor Weber - Essentials <strong>of</strong> Municipal Fire Protection Seminar 102 - 104<br />

10. New Business<br />

10.1 Opportunity for New Business to be discussed.<br />

11. Discussion Period<br />

11.1 Opportunity for the Public to make an inquiry as to the business<br />

on the agenda.<br />

12. Confidential<br />

13. Adjourn


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

Meeting No. 14-2011<br />

Date <strong>of</strong> Meeting: Monday, April 18, 2011<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 Ruth Illman<br />

Councillor Martin Underwood<br />

Councillor Doug Cook<br />

Councillor John Russell<br />

Staff Present: C.A.O. John Byrne<br />

Clerk Carol McKenzie<br />

Treasurer Janet Ferguson<br />

Director <strong>of</strong> Community Services Peggy Van Mierlo-West<br />

Planner Patti Richardson<br />

Administrative Assistant Roberta Brandon<br />

Media Present: Lynda Hillman-Rapley, Lakeshore Advance<br />

Gord Whitehead, Various Publications<br />

1. CALL TO ORDER<br />

<strong>The</strong> Mayor called the meeting to order at 7:00 p.m.<br />

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

Mayor Weber asked the members to declare and pecuniary or conflict <strong>of</strong> interest that<br />

they may have with respect to the business itemized on the agenda and none were<br />

declared.<br />

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

3.1 Special Council Meeting – March 9, 2011 (Budget)<br />

3.2 Regular Council Meeting – March 15, 2011<br />

3.3 Regular Council Meeting – March 21, 2011<br />

<strong>The</strong> minutes <strong>of</strong> the March 9 th , 2011 (Budget) meeting and the regular Council meetings<br />

held March 15 th and April 4 th , 2011 were reviewed.<br />

Councillor Illman asked if the $20,000.00 allocated in the 2011 budget for Economic<br />

Development was to be designated for strategic planning and this was confirmed.<br />

1


Minutes <strong>of</strong> the April 4, 2011 Council Meeting<br />

Deputy Mayor Davis-Dagg noted that her comments in the April 4, 2011 regular Council<br />

meeting minutes asked Council to keep the budget increase to the cost <strong>of</strong> living.<br />

Councillor Bonesteel asked that the letters to be sent to the local MPP, the Minister <strong>of</strong><br />

energy and the Premier concerning wind turbines in the community would include<br />

Municipal concerns with solar energy panels and it was confirmed that the letters noted<br />

the ramifications <strong>of</strong> “greener initiatives”.<br />

Councillor Bonesteel also asked when a further report on Option 1 from PL Report No.<br />

18-2011 on the Grand Bend <strong>Shores</strong> Development (Murray Troup) would be available to<br />

Council. Confirmation was given that this report would be presented at the next Council<br />

meeting.<br />

11-0418-01 Moved by: Councillor Illman<br />

Seconded by: Councillor Scott<br />

That the minutes <strong>of</strong> the March 9 th and March 15 th , 2011 Council<br />

meetings be accepted as presented and that the minutes <strong>of</strong> the<br />

April 4, 2011 Council meeting be accepted as amended.<br />

Carried<br />

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

4.1 Mr. Bob Sharen – Re: Request for Additional Information on Grand Bend<br />

Sewage Plant Capacity<br />

Mr. Bob Sharen appeared before Council requesting an explanation <strong>of</strong> the calculations<br />

used to determine the sewage flows and capacity <strong>of</strong> the Grand Bend Sewage<br />

Treatment Facility reported by the Planner at the previous meeting. He noted that he<br />

believed the figures used were unrealistic and did not take into account seasonality. He<br />

further asked for information on the status <strong>of</strong> the developments that had dedicated<br />

capacity.<br />

Deputy Mayor Davis-Dagg reiterated Mr. Sharen’s concerns and asked that a further<br />

explanation <strong>of</strong> the calculations be presented.<br />

Mayor Weber noted that the sewage flows and capacity <strong>of</strong> the Grand Bend Sewage<br />

Treatment Facility will be reviewed by the future ad hoc committee as part <strong>of</strong> the<br />

information package to be dealt with for Zones 3 and 4 and further advised that staff<br />

would respond to Mr. Sharen’s concerns.<br />

4.2 Mr. Peter Coleman & Representatives from the Grand Bend Business<br />

Community – Re: <strong>The</strong> Use <strong>of</strong> the Grand Bend Beach<br />

Mr. Peter Coleman, Larry Mason & Jim McCoy representatives from the Grand Bend<br />

Business Community appeared before Council to discuss the Grand Bend beach. Mr.<br />

Coleman praised the former Council and current staff for their hard work on the Grand<br />

Bend beach and Main Street enhancement projects,. He advised Council to ignore the<br />

2


Minutes <strong>of</strong> the April 4, 2011 Council Meeting<br />

negativity surrounding the beach use and that businesses in Grand Bend were in favour<br />

<strong>of</strong> “reasonable” use <strong>of</strong> the beach.<br />

Mr. Larry Mason informed Council that as a long time business owner he felt it was<br />

important to voice his support for the positive changes to the beach and Main Street in<br />

Grand Bend. He explained that businesses in Grand Bend rely on tourists and<br />

restricting beach use would be like taking the welcome mat away. He urged Council to<br />

ignore the self interest groups and to consider reasonable use <strong>of</strong> the beach for such<br />

things as the occasional volleyball event.<br />

Mr. Mason also read a letter from Grand Bend residents noting their approval <strong>of</strong> the<br />

efforts <strong>of</strong> Council and the numerous individuals in the community that contributed to the<br />

improvements <strong>of</strong> both the beach and the downtown core. <strong>The</strong>y also wrote <strong>of</strong> their<br />

support <strong>of</strong> the beach being used for such events as the Not So Pro Volleyball<br />

tournament and asked that Council consider the need to have recreational activities for<br />

the youth <strong>of</strong> the community.<br />

Mr. Jim McCoy thanked the previous Council for moving forward with the beach and<br />

Main Street enhancements and they are great benefits to the business owners as they<br />

are big draws for families and tourists. He noted that Council had been elected by the<br />

people <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and their job was to make difficult decisions as to what was<br />

best for both <strong>Lambton</strong> <strong>Shores</strong> and Grand Bend, and they should not let a small group<br />

influence their decision. He further explained that the business community was more<br />

than happy to give Council feedback to assist in making decisions.<br />

Councillor Bonesteel advised that <strong>Lambton</strong> <strong>Shores</strong> Council had a moratorium on the<br />

beach use until such time as the Beach Study is completed. He also advised that the<br />

consultant for the Beach Study has captured the thoughts <strong>of</strong> the public who attended<br />

the information centre.<br />

Deputy Mayor Davis-Dagg inquired as to what the delegates considered “reasonable”<br />

use <strong>of</strong> the beach and was advised that an occasional volleyball tournament or similar<br />

event would be reasonable. Mr. Mason did note that the delegates were not in favour <strong>of</strong><br />

the use <strong>of</strong> the beach for a beach volleyball program that tied up the entire beach for a<br />

long period <strong>of</strong> time or individuals who wreak havoc on the beach.<br />

Mayor Weber and Council thanked the delegates for their appearance and support.<br />

5. CORRESPONDENCE & PETITIONS<br />

Correspondence – Receive & File<br />

None at this time.<br />

Correspondence – Referred to Staff for Resolution or a Report<br />

None at this time.<br />

Correspondence – For Council Direction 3


Minutes <strong>of</strong> the April 4, 2011 Council Meeting<br />

5.1 Brian W. Knott, Solicitor – City <strong>of</strong> Sarnia – Re: Sharing <strong>of</strong> Services by Local<br />

Governments<br />

Correspondence from Solicitor Brian Knott, City <strong>of</strong> Sarnia, requesting that Council<br />

consider sharing services with local governments was reviewed. Members agreed that<br />

the possibility <strong>of</strong> sharing services with the other local municipalities be looked at during<br />

Strategic Plan discussions.<br />

11-0418-02 Moved by: Councillor Russell<br />

Seconded by: Councillor Scott<br />

That correspondence from the City <strong>of</strong> Sarnia regarding the sharing<br />

<strong>of</strong> services by local government be received and filed and that the<br />

possibility <strong>of</strong> sharing services be referred to the Strategic Plan<br />

discussion. Carried<br />

5.2 Brian Roberts, Grand Bend Optimist Club – Re: 1 st Annual Grand Bend Car<br />

Show, Dinner & Dance<br />

With the cancellation <strong>of</strong> the Burgerfest for 2011 the Grand Bend Optimist Club is<br />

requesting permission to hold the 1 st Annual Grand Bend Car Show, Dinner and Dance<br />

on the 18 th <strong>of</strong> June, 2011. As a community grant from <strong>Lambton</strong> <strong>Shores</strong> had already<br />

been approved for the annual Burgerfest, the Optimists were asking that this grant be<br />

applied to this new event to <strong>of</strong>fset costs. Council members agreed that this event<br />

would be a great opportunity for the community and approved the redirection <strong>of</strong> the<br />

funds.<br />

11-0418-03 Moved by: Councillor Cook<br />

Seconded by: Councillor Scott<br />

That the funds granted for the Annual Grand Bend Optimist<br />

Burgerfest in Grand Bend be redirected in support <strong>of</strong> the 1 st Annual<br />

Grand Bend Car Show, Dinner and Dance. Carried<br />

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

Corporate & Strategic<br />

6.1 C.A.O. Report No. 18-2011 – Re: Zone 3 Groundwater Study Review – Dr.<br />

Brian Branfireun – University <strong>of</strong> Western Ontario<br />

Previously, Council had reviewed groundwater studies for Zone 3 to help determine if<br />

aging septic systems within that zone were having a negative impact on the<br />

groundwater and Lake Huron. As there were different conclusions, it was deemed<br />

important to have someone else review both reports and provide Council with an<br />

unbiased review and guidance.<br />

4


Minutes <strong>of</strong> the April 4, 2011 Council Meeting<br />

This additional review was completed by Dr. Brian Branfireun PHD <strong>of</strong> the University <strong>of</strong><br />

Western Ontario and WAS included in the agenda for Council and public review.<br />

Council agreed that this report be included with the information that will be reviewed by<br />

the future Zone 3/4 Ad Hoc Committee.<br />

Planning<br />

11-0418-04 Moved by: Councillor Underwood<br />

Seconded by: Councillor Maguire<br />

That C.A.O. Report No. 18-2011 regarding a review <strong>of</strong> the Zone 3<br />

Groundwater Study by Dr. Brian Branfireun <strong>of</strong> the University <strong>of</strong><br />

Western Ontario be received and that Dr. Branfireun’s report be<br />

referred to the Zone 3/4 Ad Hoc Committee. Carried<br />

6.2 PL Report No. 20-2011 – Re: Grand Bend Traffic Study<br />

In PL Report No. 20-2011 the Planner is requesting endorsement from Council that the<br />

projected 20 year growth <strong>of</strong> 100,000 square feet for commercial floor area in Grand<br />

Bend Main Street East area as proposed by Dillon Engineer Mr. Stephen Brooks is<br />

realistic to use as a basis for recommended road improvements for a traffic study.<br />

Council agreed that 100,000 sq. feet <strong>of</strong> commercial floor area projected over the next 20<br />

years was reasonable.<br />

11-0418-05 Moved by: Councillor Cook<br />

Seconded by: Councillor Underwood<br />

That Council supports Dillon Consulting’s estimate <strong>of</strong> 100,000 sq.<br />

ft. <strong>of</strong> commercial growth in the Main Street East corridor over the<br />

next 20 years as reasonable estimate and that the traffic study use<br />

this as a basis for recommending road improvements.<br />

Carried<br />

Community Services<br />

6.3 D.C.S. Report No. 32-2011 – Re: Drinking Water Quality Management<br />

System<br />

<strong>The</strong> Drinking Water Quality Management System Policy requires, the <strong>Municipality</strong> to<br />

document actions taken to ensure safe drinking water for <strong>Lambton</strong> <strong>Shores</strong>’ residents.<br />

<strong>The</strong> actions taken place to monitor, review and improve the performance <strong>of</strong> the existing<br />

plan have been recorded and presented in D.C.S. Report No. 32-2011, and this<br />

information will be made available on the Municipal website and available at each <strong>of</strong> the<br />

Municipal <strong>of</strong>fices for review.<br />

11-0418-06 Moved by: Councillor Cook<br />

Seconded by: Councillor Underwood<br />

5


Minutes <strong>of</strong> the April 4, 2011 Council Meeting<br />

That D.C.S. Report No. 32-2011 be received and that Council<br />

endorse the current DWQMS Plan and commit to continuing to<br />

provide safe drinking water to <strong>Lambton</strong> <strong>Shores</strong>’ residents in<br />

accordance with the standards and regulations. Carried<br />

6.4 D.C.S. Report No. 34-2011 – Re: Ministry <strong>of</strong> the Environment Letter<br />

Council reviewed correspondence from the Ministry <strong>of</strong> the Environment responding to a<br />

request by a <strong>Lambton</strong> <strong>Shores</strong> resident for clarification <strong>of</strong> a letter sent to the <strong>Municipality</strong><br />

regarding Zones 3 and 4. As this letter from the Ministry dealt with the time frame and<br />

circumstances regarding the reissuing <strong>of</strong> the Zone 3 Notice <strong>of</strong> Completion, the minimum<br />

action required by the <strong>Municipality</strong> regarding notice and the amendment required for the<br />

elimination <strong>of</strong> grinder pumps, Council referred the letter to the Zone 3/4 Ad Hoc<br />

Committee for reference.<br />

11-0418-07 Moved by: Councillor Russell<br />

Seconded by: Councillor Scott<br />

That correspondence received from the Ministry <strong>of</strong> the Environment<br />

in answer to a resident’s questions for clarity <strong>of</strong> the June 11, 2010<br />

letter regarding Zone 3 and Zone 4 be referred to the Zone 3/4 Ad<br />

Hoc Committee. Carried<br />

Administration & Finance<br />

6.5 TR Report No. 25-2011 – Re: 2011 Operating and Capital Budget<br />

At the April 12, 2011 budget meeting, Council finalized their review <strong>of</strong> the 2011<br />

Operating and Capital Budget for <strong>Lambton</strong> <strong>Shores</strong> however Deputy Mayor Davis noted<br />

that the Administration and Departmental budgets had not been discussed. Council<br />

agreed that it was important to review these sections <strong>of</strong> the budgets PRIOR TO<br />

APPROVAL and proceeded to do so.<br />

Members agreed that a comparison <strong>of</strong> other Municipal salaries be prepared to insure<br />

the employee salaries are reasonable and also discussed the increase in legal costs<br />

and taxation write-<strong>of</strong>fs.<br />

Councillor Bonesteel noted that as the number one issue during the election was<br />

communication, it was important that the information regarding the budget and any<br />

increase be posted on line for residents to review and Councillor Scott asked that this<br />

information be relayed to the residents in the next tax bill.<br />

Councillor Illman commended staff for their hard work during the budget discussions<br />

and noted that the increased spending for recreation and leisure was long overdue.<br />

Councillor Russell reminded Council that any goals for the <strong>Municipality</strong> be brought<br />

before Council early in the year to use as a guideline for 2012 budget discussions.<br />

6


Minutes <strong>of</strong> the April 4, 2011 Council Meeting<br />

Deputy Mayor Davis-Dagg advised that she would not support the budget as presented<br />

as the proposed increase was higher than necessary.<br />

11-0418-08 Moved by: Councillor Illman<br />

Seconded by: Councillor Russell<br />

That the 2011 Operating and Capital Budget be adopted as<br />

presented and outlined in Treasurer’s Report No. 25-2011 and that<br />

By-law 30-2011 be passed. Carried<br />

6.6 CL Report No. 26-2011 – Re: Applications to be heard by the Committee <strong>of</strong><br />

Adjustment on April 28, 2011<br />

CL Report No, 26-2011 provided information on the applications to be heard at the April<br />

28, 2011 Committee <strong>of</strong> Adjustment meeting. Councillor Russell noted that several <strong>of</strong> the<br />

minor variances granted over the past few years for accessory buildings were not so<br />

“minor” as the buildings were quite large. <strong>The</strong> Planner explained that the Committee <strong>of</strong><br />

Adjustment deferred several applications for these larger accessory buildings and asked<br />

the applicant to come back to the table with changes in size that were more reasonable<br />

with the zoning by-law<br />

11-0418-09 Moved by: Councillor Russell<br />

Seconded by: Councillor Cook<br />

That CL Report No. 26-2011 providing information on the<br />

applications to be heard by the Committee <strong>of</strong> Adjustment on April<br />

28, 2011 be received and filed. Carried<br />

6.7 CL Report No. 28-2011 – Re: Update – Orientations Session with the<br />

Ministry <strong>of</strong> Municipal Affairs and Housing Representatives<br />

<strong>The</strong> Clerk advised that at the Council meeting on April 4, 2011, Council had asked that<br />

representatives from the Ministry <strong>of</strong> Municipal Affairs and Housing be contacted for<br />

possible dates for an orientation session and it has been confirmed that MMAH<br />

representatives will be at the May 10 th , 2011 Council meeting.<br />

Deputy Mayor Davis-Dagg questioned why the Municipal Solicitor would be in<br />

attendance and the Clerk confirmed that the Municipal Solicitor was asked to attend on<br />

recommendation <strong>of</strong> the MMAH representatives; however several members <strong>of</strong> Council<br />

agreed that any issue or question needing a legal opinion could be dealt with following<br />

the meeting.<br />

11-0418-09 Moved by: Councillor Underwood<br />

Seconded by: Councillor Scott<br />

That CL Report No. 28-2011 regarding an update an Orientation<br />

Session with representatives from the Ministry <strong>of</strong> Municipal Affairs<br />

and Housing be received and filed. Carried<br />

7


Minutes <strong>of</strong> the April 4, 2011 Council Meeting<br />

6.8 CL Report No. 29-2011 – Re: Centre Ipperwash Road Allowance – Launch<br />

Ramp Issues<br />

Further to the April 4, 2011 Council meeting where a discussion was held on the Centre<br />

Ipperwash road allowance and its use as a launch ramp CL Report No. 29-2011<br />

presents additional information regarding this matter such as the date <strong>of</strong> May 7, 2011 for<br />

the public meeting.<br />

<strong>The</strong> options <strong>of</strong> leaving the status quo with signage erected outlining the rules and<br />

regulations, allowing launching, but banning all parking on the Centre Ipperwash road<br />

allowance, establishing permanent “in” and “out” access lanes with a parking ban in the<br />

lanes and establishing a 30’ in/out are in the middle <strong>of</strong> the road allowance with a parking<br />

ban in the in/out area will be reviewed at the public meeting, along with the other<br />

municipal issues detailed in the report. Council noted that a decision would be a short<br />

term solution to address any safety issues that are a result <strong>of</strong> having boats launched in<br />

the road allowance area.<br />

11-0418-10 Moved by: Councillor Illman<br />

Seconded by: Councillor Scott<br />

That Council confirm the date for <strong>of</strong> Public Meeting <strong>of</strong> May 7, 2011<br />

at the Port Franks Community Centre to discuss issues <strong>of</strong><br />

launching boats from the Centre Ipperwash road allowance, and<br />

that all issues detailed in CL Report No. 29-2011 be considered at<br />

the meeting. Carried<br />

6.9 CL Report No. 30-2011 – Re: Council Remuneration and Payment <strong>of</strong><br />

Expenses<br />

At an earlier budget meeting, the allocations for Council remuneration and<br />

conference/travel expenses were reviewed and the decision was for the amounts to<br />

remain unchanged for 2011.<br />

During the preparation <strong>of</strong> the remuneration by-law it was noted that there was an error<br />

in the “Council Remuneration and Benefit Survey” with the inclusion <strong>of</strong> payment <strong>of</strong><br />

$45.00 for “special meetings” outside the <strong>Municipality</strong>. A lengthy discussion ensued as<br />

to whether or not Council members should be compensated for attending a meeting<br />

outside the <strong>Municipality</strong> as well as being compensated for the mileage to attend events<br />

outside the municipality.<br />

11-0418-11 Moved by: Councillor Scott<br />

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

That Council be compensated in the amount <strong>of</strong> $45.00 per meeting<br />

for meetings attended outside the <strong>Municipality</strong>.<br />

Motion Defeated<br />

8


Minutes <strong>of</strong> the April 4, 2011 Council Meeting<br />

It was discussed and agreed that any member <strong>of</strong> Council attending a meeting outside<br />

the <strong>Municipality</strong> that has been sanctioned by Council or as an alternate would be<br />

compensated for mileage.<br />

11-0418-12 Moved by: Councillor Bonesteel<br />

Seconded by: Councillor Scott<br />

That the <strong>Municipality</strong> compensate Council members for mileage<br />

accrued attending Council sanctioned meetings outside the<br />

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

With regards to attendance by Council members at conferences and seminars staff was<br />

directed to develop a policy outlining the amount allotted to each Council member for<br />

conferences and seminars, the expenses that can be submitted and the approval <strong>of</strong><br />

Council to attend conferences and or seminars that are over and above an individual<br />

Councillor’s budgeted allotment.<br />

7. BY-LAWS & RESOLUTIONS<br />

11-0418-13 Moved by: Deputy Mayor Davis-Dagg<br />

Seconded by: Councillor Scott<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 30-2011 – 2011 Operating & Capital Budget<br />

- By-law 31-2011 – Amend Fees for Municipal Services – Building<br />

- By-law 32-2011 – Confirming Resolutions to Date. Carried<br />

8. ACCOUNTS<br />

<strong>The</strong> Municipal accounts for the month <strong>of</strong> March, 2011 were reviewed.<br />

11-0418-14 Moved by: Councillor Russell<br />

Seconded by: Councillor Scott<br />

That the Municipal accounts for the month <strong>of</strong> March, 2011, in the<br />

amount <strong>of</strong> $4,259,995.78 be accepted as presented. Carried<br />

9. COUNCILLOR REPORTS<br />

Councillor Russell reported that he had attended the Municipal Association Dinner at<br />

the Camlachie Community Center and the speaker that evening spoke on cultural<br />

planning.<br />

Councillor Scott advised that the Ausable Bayfield Conservation Authority’s annual<br />

dinner that he had attended was a great success.<br />

9


Minutes <strong>of</strong> the April 4, 2011 Council Meeting<br />

Councillor Illman reported that the Communities in Bloom Trash Bash Clean-up was still<br />

scheduled for Friday, April 22 nd , that the judging for the Communities in Bloom Annual<br />

contest would occur in July and that the annual garden show would be at the <strong>Shores</strong><br />

Complex April 26 th . She also reported that she had attended the Association <strong>of</strong><br />

Municipalities’ Urban Symposium in Burlington focusing on the unique issues impacting<br />

urban areas.<br />

Councillor Maguire reported that he had attended the Tri-Municipal Sewage Meeting<br />

with members <strong>of</strong> Council from Bluewater in attendance and that an engineer’s report<br />

would be brought back at a later date on the New Hamburg treatment plant versus the<br />

proposed treatment plant.<br />

Councillor Bonesteel reported that Huron Woods Association had broken ground in the<br />

expansion <strong>of</strong> their clubhouse.<br />

Councillor Scott expressed thanks to Community Services staff for their prompt<br />

attention in dealing with repairing grass and lawns damaged with snowploughing this<br />

past winter and reported that both the Mayor Weber and the Kettle and Stony Point<br />

Chief would be chairing the upcoming KPLS Committee meetings.<br />

Councillor Scott also asked that the municipal comparative study for 2010 from BMA<br />

Management Consulting Inc. be referred to the Strategic Plan discussions.<br />

11-0418-15 Moved by: Councillor Scott<br />

Seconded by Councillor Underwood<br />

That the 2010 Municipal Study from BMA Management Consulting<br />

Inc. be submitted during the Strategic Plan discussion for review.<br />

Carried<br />

Mayor Weber reported that he had attended the Conservation Dinner and had also<br />

attended the retirement luncheon for Dave Hayter, a Community Services staff member<br />

for 35 years.<br />

10. NEW BUSINESS<br />

10.1 Deputy Mayor Davis Dagg – Re: Proposed Criteria for Z3/Z4 Ad Hoc<br />

Committee<br />

10.2 Mayor Weber – Re: Proposed Criteria for Z3/Z4 Ad Hoc Committee<br />

Both Mayor Weber and Deputy Mayor Davis-Dagg submitted suggestions on the<br />

structure <strong>of</strong> the proposed Ad Hoc Committee for the Zone 3 and 4. Members concurred<br />

that the members for the committee be residents <strong>of</strong> Zones 3 and 4 and that the<br />

committee be comprised <strong>of</strong> Deputy Mayor Davis-Dagg, Councillors Maguire and<br />

Bonesteel and 3 citizen representatives from Zone 3 and Zone 4. It was agreed that<br />

Mayor Weber would be an ex-<strong>of</strong>ficio member on the Committee. In order that the best<br />

interest <strong>of</strong> the community be served no time line was confirmed for decision making on<br />

the matters concerning Zones 3 and 4.<br />

10


Minutes <strong>of</strong> the April 4, 2011 Council Meeting<br />

11. DISCUSSION PERIOD<br />

Mr. Cam Taylor inquired as to whether or not Dr. Branfireun had been compensated for<br />

his work on the Zone 3 Ground Water Study and noted that Dr. Belke had not been<br />

compensated and expressed concern that Dr. Belke’s findings had been given to Dr.<br />

Branfireun for review.<br />

Mr. Bob Sharen noted his agreement with compensation paid to Council members for<br />

attendance at meetings outside the <strong>Municipality</strong> however it was pointed out to Mr.<br />

Sharen that this was not agreed upon by Council.<br />

Mr. Sharen further inquired as to when discussions had occurred regarding Dr.<br />

Branfireun’s report on the Zone 3 Ground water Study and further asked for clarification<br />

on the comment regarding the Grand Bend by-pass.<br />

Mr. Sharen also inquired as to what method was used to dispose <strong>of</strong> old equipment<br />

when replaced and it was confirmed that old equipment is either traded in or auctioned<br />

<strong>of</strong>f.<br />

12. CONFIDENTIAL<br />

11-0418-16 Moved by: Councillor Illman<br />

Seconded by: Councillor Cook<br />

That the meeting goes into a Closed Session at 9:50 p.m. to<br />

discuss a legal issue regarding the Legacy Centre. Carried<br />

Council rose and report progress on a legal matter concerning the Legacy Centre.<br />

13. ADJOURN<br />

11-0418-17 Moved by: Councillor Cook<br />

Seconded by: Councillor Underwood<br />

That the April 18, 2011 Council meeting adjourn at 10:09 p.m.<br />

Carried<br />

11


Dear Mayor Bill Weber and members <strong>of</strong> the council,<br />

March 10, 2011<br />

My name is Megan Thomas and am a resident <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong><br />

community. I attend North <strong>Lambton</strong> Secondary School and am currently in grade<br />

11.<br />

I will be hosting a fundraiser at the Forest Rotary Park on the date <strong>of</strong> June 4th,<br />

2011 from approximately 2pm-5pm. My event is to raise money for the Make A<br />

Wish Foundation <strong>of</strong> South-western Ontario by selling Pizza provided by<br />

Godfathers in Forest, hotdogs and hamburgers. I will work with the Community<br />

Services Department for the logistics and coordination <strong>of</strong> the event to ensure<br />

proper food-handling is employed. All proceeds made from food sales will go to<br />

the Make A Wish Foundation.<br />

A fellow co-worker from Godfathers in Forest volunteered to have his band<br />

perform at the event and will also shave his head at this event (<strong>The</strong> Make A Wish<br />

Foundation holds a 'Go Blue! Go Bald!' event every year where volunteers dye<br />

their hair blue and shave their head to encourage people to sponsor this event).<br />

<strong>The</strong> Make A Wish Foundation is known internationally for their work <strong>of</strong> granting<br />

the wishes <strong>of</strong> terminally ill or disabled kids from ages 1-17. By granting these<br />

wishes it gives these kids hope and a dream come true. It lets them have time as<br />

a family, and gives them a break from the illness that is consuming them.<br />

After hearing <strong>of</strong> this foundation I immediately got involved and came in<br />

contact with Erin Latam, events coordinator from Make A Wish Foundation <strong>of</strong><br />

South-western Ontario. I was in grade 8 and got my entire class involved in<br />

raising money for this foundation. We had our own "Go Blue! Go Bald!" event<br />

(but only dying our hair blue) and as a class raised over $2,000! For that year I<br />

was the youngest contributor and also the highest contributor.<br />

This year my goal is to raise $5,000, I want <strong>Lambton</strong> <strong>Shores</strong> to come together<br />

as a community to raise money for this event, I would like to challenge the<br />

members <strong>of</strong> the council to get involved with this event! Mayor Bill Weber I would<br />

like to challenge you to "Go Blue! Go Bald!" because as a community we can<br />

make wishes come true.<br />

Thank you,<br />

Megan Thomas<br />

14


Correspondence for Council:<br />

RE: Speed Limits on Ipperwash Roads in the vicinity <strong>of</strong> the Beach<br />

Hi Lori: Hope all is well and your getting settled into politics! I didn’t want to bother you until<br />

the budget was out <strong>of</strong> the way and things settled down if they ever do. I need your help in<br />

determining how we in the Ipperwash West neighbourhood can apply for a reduction in the<br />

speed limit close to the entrance to the beach area.<br />

I have spoken with Liz and Bert at Arbour Acres and have their support as we will with all others<br />

that live in this area, currently the speed limit basically right to the beach is 60 KM which is too<br />

fast for all the pedestrian traffic in the summer months. We are proposing a speed reduction<br />

about 1,000’ to the south before you get to the Arbor Acres entrance and this should continue<br />

right to the beach and this should be a safe pedestrian community speed <strong>of</strong> 40KM. We need to<br />

get “everyone” slowed right down as there are families with young children walking from as far<br />

as the Ponderosa and the other camp to the beach and also people and children that are at the<br />

beach walking back up the road for food at the various eating establishments and again as far<br />

back as Arbor Acres.<br />

Currently with the speed being at 60km people are travelling at 70 and 80 km in fact it gets very<br />

dangerous at the Arbor Acres entrance as some almost come in on 2 wheels, <strong>of</strong> course it is not<br />

quite that extreme but Liz says sooner or later there is going to be a bad accident.<br />

So I would appreciate your input in advising what we need to do to put this in motion, if it<br />

requires a petition <strong>of</strong> names or just a list as I don’t believe a petition should be needed as this is<br />

just plain common sense but whatever we have to do I would like to get this underway so it can<br />

be in place for May 24.<br />

Thank You Dave Bowen<br />

15


<strong>Lambton</strong> <strong>Shores</strong> Community Association<br />

Grand Bend, ON<br />

N0M 1T0<br />

April 11, 2011<br />

To the Mayor and all members <strong>of</strong> Council:<br />

<strong>The</strong> <strong>Lambton</strong> <strong>Shores</strong> Community Association responded to the March 24 th PIC with a report that<br />

contained a number <strong>of</strong> concerns detailed to us by our members. It is attached for Council’s<br />

information.<br />

In our summary chapter <strong>of</strong> our report we ask a number <strong>of</strong> questions that bear repeating.<br />

<strong>The</strong> <strong>Lambton</strong> <strong>Shores</strong> Community Association does seek clarification <strong>of</strong> the “next steps” to ensure<br />

our members concerns have been correctly identified.<br />

We are asking Council to provide us with a time line <strong>of</strong> the expected process from this point<br />

onward. Are the Consultants coming back to the <strong>Municipality</strong> with a revised report? Will there be<br />

a final report?<br />

We also would like notification <strong>of</strong> the Council meetings that will be dealing with the Consultant’s<br />

report.<br />

Sincerely<br />

Sharon Weitzel per<br />

L A M B T O N S H O R E S C O M M U N I T Y A S S O C I A T I O N<br />

<strong>Lambton</strong> <strong>Shores</strong> Community Association<br />

G R A N D B E N D , O N , N 0 M 1 T 0<br />

• E M A I L L S C o m m u n i t y A s s o c @ g m a i l . c o m<br />

16<br />

www.lsca-lsca.blogspot.co


<strong>Lambton</strong> <strong>Shores</strong> Community Association<br />

Responses to the Grand Bend Beach Research and Consultation Initiative<br />

DRAFT REPORT March 2011 Paper<br />

17<br />

Volume<br />

2


L A M B T O N S H O R E S C O M M U N I T Y A S S O C I A T I O N<br />

Response to the Beach Study Draft Report<br />

� <strong>Lambton</strong> <strong>Shores</strong> Community Association<br />

P.O. Box 1016<br />

Grand Bend, ON N0M 1T0<br />

Phone 519-238-5572<br />

Email:LSCommunityasssoc@gmail.com<br />

18


Response to Beach Policy (Monteith report, draft, March 2011):<br />

In response to your request for comments on the Grand Bend Beach Research and Consultation<br />

Initiative, please consider the following:<br />

BACKGROUND:<br />

<strong>The</strong> Grand Bend Beach Research and Consultation is the direct result <strong>of</strong> community<br />

disapproval, during the summer <strong>of</strong> 2010, <strong>of</strong> the Municipal government’s renting <strong>of</strong> Grand Bend<br />

beaches to volleyball entrepreneurs and their local supporters. This decision to rent the beach was<br />

reached largely without community consultation. In the summer <strong>of</strong> 2010, 800 people signed a<br />

petition to protest the renting <strong>of</strong> the beach (once they discovered the arrangement), and hundreds,<br />

in further protest, attended a town meeting. <strong>The</strong> overwhelming community message was that the<br />

community <strong>of</strong> Grand Bend did not want volleyball on its beaches and did not want the beach rented<br />

out to entrepreneurs such as those wanting to run volleyball camps and tournaments from May to<br />

October.<br />

POINT #1:<br />

Currently, at the beginning <strong>of</strong> the summer <strong>of</strong> 2011, the <strong>Municipality</strong> is publicizing the<br />

Monteith-Brown recommendations (paid for by the <strong>Municipality</strong> and community taxpayers), and is<br />

once again trying to rent out the beaches, notwithstanding community disapproval. <strong>The</strong> most<br />

important recommendation <strong>of</strong> this document is contained in the following excerpt, because it<br />

relates specifically (although in a carefully veiled way) to the sustained desire on the part <strong>of</strong> the local<br />

Municipal government (and against the wishes <strong>of</strong> the Grand Bend community…), to have volleyball ,<br />

and related, for-rent activities, on Grand Bend’s beaches. While these for-pr<strong>of</strong>it activities, say<br />

Monteith-Brown, should perhaps not take place on long weekends, they are recommended for every<br />

other summer day and evening, perhaps from May until October:<br />

“As such, it is recommended that the <strong>Municipality</strong> develop a policy that will prohibit<br />

commercial events on long weekends (Victoria Day, Canada Day, August Civic<br />

Holiday, and Labour Day), but will allow up to two commercial events on Main Beach<br />

during prime season, provided the ecological health <strong>of</strong> the beach is respected, the<br />

event not take up a large portion <strong>of</strong> the beach, and the event be affiliated with a<br />

<strong>Lambton</strong> <strong>Shores</strong> community group and/or business. <strong>The</strong> proposed partnership<br />

framework (which can be found in the Partnerships subsection <strong>of</strong> this Research and<br />

Consultation Initiative) should be utilized to ensure that the <strong>Municipality</strong>’s best<br />

interests are served by the relationship. In addition, it is recommended that activities,<br />

events and other commercial ventures that take place in Grand Bend, but <strong>of</strong>f-beach,<br />

1<br />

19<br />

Chapter<br />

1


should be supported by the <strong>Municipality</strong>, in part for their potential to draw visitors to<br />

the beach area. For 2011, private beach rates are $218.25 per day (plus hydro)…” ( 46<br />

).<br />

It is also worth noting that the above recommendation to rent the beach during most <strong>of</strong> the<br />

summer season is buried in the body <strong>of</strong> the report, on page 46, and is not part <strong>of</strong> the list <strong>of</strong><br />

supposedly main recommendations in the Executive Summary; In the Executive Summary, instead,<br />

readers are reassured that ecology, natural beauty and cleanliness are prominent report concerns.<br />

It is eminently clear that the notion <strong>of</strong> renting the beach to entrepreneurs was resoundingly<br />

rejected by concerned community members in the summer <strong>of</strong> 2010 –yet their rejection is being<br />

overridden by the writers <strong>of</strong> this report (and, presumably, by the <strong>Municipality</strong> which hired<br />

Monteith-Brown).<br />

Furthermore, Monteith-Brown appears to misinterpret (or misapply) its own research and<br />

solicitation <strong>of</strong> community opinion. For example, consider the response to statistics describing the<br />

Community Feedback Survey. According to this Survey, the majority <strong>of</strong> respondents valued most<br />

(for beach use) Scenic Views, Walking, Playing in the Sand, Sun Tanning, Casual/Unorganized<br />

Beach Sports, etc. Fewer than 15% mentioned volleyball, and volleyball was categorized with<br />

“Other” activities such as wildlife viewing and kayaking. More than 63% thought “the Beach should<br />

be a place for residents to enjoy passive uses.”<br />

Additionally, according to the Community Feedback Survey, “camps or clinics (42%),<br />

volleyball tournaments (35%), and other sport and recreation tournaments (36%) were preferred<br />

not to take place on the beach at all” (37). With these statistics, how can Monteith-Brown<br />

pretend to be representing the community? Why bother with community surveys if community<br />

preferences are then overridden and discounted? Some <strong>of</strong> this report’s recommendations,<br />

particularly regarding the rental <strong>of</strong> the beach, directly contradict the results <strong>of</strong> the Community<br />

Feedback Survey, particularly those regarding commercialized beach use and rental.<br />

POINT #2:<br />

I also object to Monteith-Brown’s recommendation to adopt the New York City- based<br />

organization PPS and its 10-point strategies for land use. <strong>The</strong> “waterfront” examples on PPS’s<br />

website are mainly for huge cities such as London, England, Barcelona, Spain, and Sydney,<br />

Australia, and none <strong>of</strong> these waterfronts have the natural beauty, grace and tranquility <strong>of</strong> Grand<br />

Bend’s beaches. Indeed, many <strong>of</strong> them are large harbors –which Grand Bend is not. Additionally, it<br />

strikes me as ironic that on the front cover <strong>of</strong> this report, Monteith-Brown has included a lovely<br />

photograph <strong>of</strong> Grand Bend at its summer’s best, featuring people engaged in unstructured leisure<br />

and play –exactly what the Grand Bend community would prefer its beaches to remain, and which<br />

Monteith-Brown and the <strong>Municipality</strong> wish to replace with volleyball courts and the like. PPS’s<br />

waterfront photos, unlike the beach portrayed on the front <strong>of</strong> this report, are <strong>of</strong> harbors, concrete<br />

paved waterfronts, roads, buildings, etc. –and not many swimmers…<br />

Lastly, I question Monteith-Brown’s choice <strong>of</strong> lakefront models (e.g. Goderich, Kingston,<br />

Coburg, etc.), and its omissions <strong>of</strong> other, more suitable beach models such as Bayfield, Port Franks,<br />

Ipperwash and Sarnia, where beaches are preserved rather than assaulted-and they’re not rented<br />

out to entrepreneurs.<br />

As an alternative model, I suggest Grand Bend’s <strong>Municipality</strong> consider the management <strong>of</strong><br />

some beautiful beaches in Sarasota, Florida, particularly Siesta Key , with its large expanse <strong>of</strong><br />

untouched beach. This beach looks much more like Grand Bend’s beach (albeit on a smaller scale)<br />

than any photo on PPS’ website. And please note the following mandate from Sarasota’s Beach Use<br />

20<br />

2


and Restrictions Guidelines: “<strong>The</strong> Beaches, Public Beach Parks and Public Recreation Areas <strong>of</strong> the<br />

County have been traditionally used for noncommercial recreational activities and commercial<br />

solicitation is inconsistent with the recreational purposes for which such recreational areas are<br />

used.”<br />

http://search.municode.com/html/11511/level3/PTIICOOR_CH90PAREPULA_ARTIIUSPABEPU<br />

LA.html<br />

POINT 3:<br />

I invite the Grand Bend <strong>Municipality</strong> and community, together, as a new start and a<br />

community effort, to consider a long-term plan that expands its vision to include more than the<br />

notion <strong>of</strong> “beach use” by youthful volleyball players (or the equivalent): the village needs to<br />

reconsider the image it wishes to present to current and future tourists, and ways to attract them.<br />

Why is it, for example, that Bayfield attracts tourists with lots <strong>of</strong> money to spend, while Grand Bend<br />

continues to peddle tattoos, bars, hot dogs, and wet t-shirt contests?<br />

On long weekends, we have a huge and omnipresent police force cruising the town (a consequence<br />

<strong>of</strong> appealing to a certain segment <strong>of</strong> the youth market).For years, Grand Bend has struggled with its<br />

history and image <strong>of</strong> a biker town. Currently, the <strong>Municipality</strong> (supported by Monteith-Brown)<br />

wants to add the image <strong>of</strong> a volleyball camp/tournament (or the equivalent). Volleyball players are<br />

not likely to spend a lot <strong>of</strong> money while they’re in town for a game; indeed, most <strong>of</strong> them cart<br />

coolers to the beach. Cottagers, on the other hand, buy food, alcohol, hardware supplies, etc. If<br />

cottagers and tourists who prefer casual, unstructured play on the beaches need to dodge 50<br />

volleyball courts to get to the water, they may well decide to go elsewhere, along with their dollars; if<br />

a stray volleyball should crush the skull <strong>of</strong> a toddler, families will be even less inclined to spend<br />

family time on the beach.<br />

Perhaps the <strong>Municipality</strong> <strong>of</strong> Grand Bend is aiming to put its fragile eggs into a rather unproductive<br />

basket –and perhaps other plans should be in place related to upgrading the village’s image and<br />

target market. If consultants can be hired to promote beach use, surely consultants can be hired to<br />

survey successful beach towns (such as Bayfield) and recommend business practices and options<br />

that will appeal to a more upscale market. I believe we can do better and that we can do it as a<br />

community.<br />

In summary, I disagree strongly with Monteith-Brown’s recommendations to continue, and<br />

increase, the rental <strong>of</strong> Grand Bend’s beaches. I also believe the report is misleading in that the<br />

results <strong>of</strong> its Community Feedback Survey are ignored and overridden. Grand Bend’s community<br />

has voiced its disapproval <strong>of</strong> plans to commercialize and rent out the beach . Monteith-Brown and<br />

the <strong>Municipality</strong> continue to ignore the voices <strong>of</strong> the Grand Bend community.<br />

Stefanie Ketley, Ph.D.<br />

Language and Liberal Studies<br />

Fanshawe College<br />

<strong>The</strong> <strong>Lambton</strong> <strong>Shores</strong> Community Association strongly endorse this response document from an<br />

LSCA member.<br />

21<br />

3


Other Issues surrounding the Grand<br />

Bend Beaches<br />

On Page 45 <strong>of</strong> the Draft Report -Recommended Action<br />

It is recommended that the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> continue to track the daily<br />

interactions at each parking meter within the municipal parking lots and on Main Street in Grand<br />

Bend to monitor beach visits. This will allow the <strong>Municipality</strong> to compare trends in visits from<br />

summer to summer, as well as on long weekends versus regular weekends, etc. to determine needs<br />

for additional amenities, maintenance efforts, etc.<br />

While tracking is important it will NOT give the <strong>Municipality</strong> the full picture <strong>of</strong> parking<br />

trends. Huge numbers <strong>of</strong> cars are parking in the Sobey’s-Shoppers parking lot, in front <strong>of</strong><br />

the entrance to the Grave Yard in Plan 24, the area around the TD Bank, in the Gables<br />

parking lot and any where else they can find.<br />

Since these lots are not metered large numbers <strong>of</strong> visitors and their activities cannot be<br />

accounted for and some other means to collect this information may be needed. It certainly<br />

cannot be discounted as the community feels this is a HUGE issue.<br />

2 hours <strong>of</strong> parking can hardly get you to the beach and settled and in the water...before you have to<br />

run back to the meter.<br />

On Page 48 <strong>of</strong> the Draft Report -<br />

To facilitate casual participation in sand volleyball, it is recommended that the <strong>Municipality</strong> <strong>of</strong><br />

<strong>Lambton</strong> <strong>Shores</strong> install four sets <strong>of</strong> beach volleyball net posts; potential locations will need to be<br />

assessed.<br />

We are also concerned about the installation <strong>of</strong> four sets <strong>of</strong> beach volleyball net posts. Four<br />

permanent volleyball posts are unnecessary. Pick-up volleyball players bring, set up and<br />

take down their own equipment. This eliminates the need and the cost to the municipality<br />

to do so.<br />

22<br />

4<br />

Chapter<br />

2


On most <strong>of</strong> the poster boards, the specific beach area that was being discussed was<br />

pointedly identified (North Beach, South Beach, Main Beach) with one exception relating to<br />

the proposal to locate 4 pairs <strong>of</strong> volleyball posts on the Grand Bend beach (This is NOT<br />

specific enough). Consultants were confused on this issue. This needs to be clarified in<br />

the final document or recommendations.<br />

On Page 51 <strong>of</strong> the Draft Report<br />

Recommended Action<br />

It is recommended that the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> strive to satisfy the items on the<br />

checklist <strong>of</strong> components <strong>of</strong> a world class lakefront beach (including items such as placing limits on<br />

residential waterfront development, promoting access to the waterfront by means other than<br />

private vehicles, maintaining community vision through good management, honouring local<br />

identity, history and culture, etc.) to the greatest degree possible.<br />

Recommended Actions<br />

It is recommended that the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> continue with this process <strong>of</strong> dune<br />

restoration and dune grass plantings to reduce unnecessary erosion and beach loss, provided that<br />

ample beach space is left for recreational purposes.<br />

Several members also object to more dune grass being planted. Some have suggested that<br />

the plantings, rocks and snow fences between the boardwalk and the water be removed.<br />

More dune grass will consume more beach space that is sorely needed in high season.<br />

To better balance tourism and environmental protection <strong>of</strong> the beach, it is recommended that the<br />

<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> reduce the frequency <strong>of</strong> its grooming <strong>of</strong> the Grand Bend Beach (in<br />

2010, the beach groomer was used daily between Father’s Day and Labour Day on the Main<br />

Beach and every other day on North Beach) for the upcoming 2011 summer season. It is<br />

recommended that the Main Beach and the North Beach each be groomed twice per week (perhaps<br />

the day before and the day after the weekends; Fridays and Mondays for regular weekends and<br />

Fridays and Tuesdays for long weekends) to attempt to limit the environmental impacts upon the<br />

beach.<br />

LSCA received many concerned comments about the recommendation above. Many members<br />

live close to the North and Main beaches and see a large build up <strong>of</strong> garbage very quickly if both<br />

are not cleaned regularly.<br />

In response to these concerns several residents were told by the Consultant’s staff that the<br />

municipality would pick up the garbage manually in between cleanings. This seems highly<br />

improbable.<br />

<strong>The</strong> beach needs to be pristine and that must remain clear.<br />

23<br />

5


Summary<br />

It should be noted that the <strong>Lambton</strong> <strong>Shores</strong> Community Association sees a great deal about the Beach<br />

Study that is <strong>of</strong> a positive nature and would like to applaud the detail in it.<br />

<strong>The</strong> <strong>Lambton</strong> <strong>Shores</strong> Community Association does seek clarification <strong>of</strong> the “Next Steps” to ensure our<br />

members concerns have been correctly identified. Consequently we are asking the <strong>Municipality</strong> and<br />

the Consultants to respond to us with dates in the expected process.<br />

Are the Consultants coming back to the <strong>Municipality</strong> with a Revised Report?<br />

Will there be a Final Report?<br />

How long will it take the Consultant to come back to the <strong>Municipality</strong> with material?<br />

We expect the <strong>Municipality</strong> to notify us with the dates and Council meetings for the Consultant’s<br />

Report.<br />

24<br />

6<br />

Chapter<br />

3


April 19, , 2011<br />

TH HE CORPO ORATION OF O THE CIITY<br />

OF SAARNIA<br />

Ci ity Solicitor r/Clerk’s Of ffice<br />

25 55 Christina Street N. PO P Box 3018<br />

Sa arnia ON Canada C N7 7T 7N2<br />

51 19 332-0330 519 332-3 3995 (fax)<br />

51 19 332-2664 (TTY)<br />

ww ww.sarnia.ca a clerks@ @sarnia.ca<br />

To <strong>The</strong> County C <strong>of</strong> La ambton and All A <strong>Lambton</strong> n County Muunicipalities:<br />

Re: Plan nned Closing g <strong>of</strong> Sarnia Jail - 2013<br />

At the April A 18, 2011<br />

meeting <strong>of</strong> o Sarnia City<br />

Council, the followinng<br />

resolutionn<br />

was adoptted<br />

in<br />

response to a Notice <strong>of</strong> Motion from fr Mayor Bradley: B<br />

WHEREAS W the Ontario o Governme ent Provinciial<br />

Budget aannounced<br />

on March 29th,<br />

2011<br />

the Sarnia<br />

Jail was w announc ced for clossure<br />

by 20113<br />

with thee<br />

employeess<br />

and<br />

pr risoners to be b now locat ted in Winds sor, Ontarioo,<br />

and<br />

WHEREAS,<br />

W as there was w no comm munity conssultation<br />

orr<br />

debate or taxpayer immpact<br />

st tudies done as it relates to the local l level,<br />

THAT T Sarni ia City Cou uncil <strong>of</strong>ficia ally opposess<br />

the closuure<br />

<strong>of</strong> the SSarnia<br />

Jaill<br />

and<br />

re equests a meeting m with h Premier Dalton D McGGuinty<br />

and tthe<br />

Sarnia JJail<br />

Stakeholder<br />

Committee C to o outline the e ramificatio ons, the humman,<br />

econoomic<br />

and social<br />

impactss<br />

and<br />

th he significan nt decrease <strong>of</strong> o service to o the residennts<br />

<strong>of</strong> Sarniaa<br />

<strong>Lambton</strong>, aand<br />

THAT T the Pr rovince comp plete a revie ew <strong>of</strong> the deccision<br />

to cloose<br />

the Sarnnia<br />

jail compprised<br />

<strong>of</strong> f a multi- di isciplinary team t made up u <strong>of</strong> represeentatives<br />

froom<br />

the Provvincial<br />

Minis istries<br />

<strong>of</strong> f Communi ity Safety and a Correcti ional Servicces,<br />

Ministrry<br />

<strong>of</strong> the Atttorney<br />

Genneral,<br />

Aboriginal A Af ffairs, Comm munity and Social Servvices<br />

and reppresentationn<br />

from the Saarnia<br />

co ommunity, and a<br />

THAT T the Pr rovince rele eases to the communityy<br />

a copy <strong>of</strong> ccost/benefit<br />

analysis ussed<br />

to<br />

make m the cur rrent decisio on, and<br />

THAT T the Province P eng gage in open<br />

dialogue and work wwith<br />

the commmunity<br />

onn<br />

any<br />

ch hanges that will take pla ace to the Sa arnia jail annd<br />

local justtice<br />

services, , and<br />

THAT T this no otice <strong>of</strong> mot tion be circu ulated to all ccommunitiees<br />

in Lambtoon<br />

County aand<br />

to<br />

th he County <strong>of</strong> f <strong>Lambton</strong> Council C for their considderation<br />

andd<br />

support.<br />

25<br />

1


A copy <strong>of</strong> o Mayor Bra adley’s Notice<br />

<strong>of</strong> Motion n has been aattached<br />

for your information.<br />

Your sup pport <strong>of</strong> this resolution would w be app preciated.<br />

Yours Tr ruly,<br />

Brian W. . Knott<br />

City Soli icitor/Clerk<br />

Attach: Notice N <strong>of</strong> Mo otion<br />

26<br />

2


Ipperwash & Area Community Policing Committee<br />

“Working together to better our community”<br />

April 26 th , 2011<br />

ATTN: Carol McKenzie<br />

Mayor Bill Weber<br />

<strong>Lambton</strong> <strong>Shores</strong> Council Members<br />

<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

Hello everyone,<br />

It has recently come to my attention that the Ipperwash and Area<br />

Community Policing Committee, <strong>of</strong> which I am chair, must apply directly to<br />

council for Grant funds. Let me familiarize you with our Committee.<br />

Ipperwash Community Policing began in 1992 with an agreement between<br />

the O.P.P. (Const. Speck) and residents <strong>of</strong> Ipperwash. That makes it almost<br />

twenty years old. Almost ten years ago I found residents south <strong>of</strong> Kettle<br />

Point to Townsend Line along the Lake Huron side <strong>of</strong> Lakeshore Rd. who<br />

would commit to being Block Captains and the group expanded to be<br />

renamed Ipperwash and Area Community Policing Committee.<br />

Our volunteer committee also includes Neighbourhood Watch. <strong>The</strong><br />

committee functions in coordination, cooperation and agreement with the<br />

O.P.P. <strong>of</strong> which we have an agreed Constitution between us (encl.).<br />

We have an O.P.P. Liaison <strong>of</strong>ficer attend our meetings, at which we identify<br />

and work at policing problems in our area. We also have a Municipal<br />

Councilor at our meetings. Our Committee members and Block Captains are<br />

encouraged by the O.P.P. to be the eyes and ears <strong>of</strong> the community, and we<br />

identify situations <strong>of</strong> concern to <strong>of</strong>ficers. Some <strong>of</strong> these are break-ins,<br />

(information and prevention), personal security, water safety, (boats,<br />

seadoos, swimmers) road safety (incl. <strong>of</strong>f-road vehicles) etc. We have also<br />

had the MNR and Min. <strong>of</strong> Environment speak regarding their laws and<br />

regulations along the lake. We also co-ordinate with the O.P.P. and the<br />

<strong>Municipality</strong> regarding by-law issues such as noise, dogs, fires, etc. and have<br />

had our by-law <strong>of</strong>ficer come to speak at a meeting. Other topics <strong>of</strong> concern<br />

are lighting and signage and identifying areas <strong>of</strong> need.<br />

Our Committee also hosts an Information Evening with the O.P.P. and this<br />

year is our fifth. We have topics <strong>of</strong> concern to the community being<br />

31


presented by the O.P.P., and this year we are having the Marine Unit as one<br />

topic, and CPTED (property and personal security) and the Prescription drug<br />

problem. This is directly related to increasing break-ins. Any grant money<br />

that is received by the municipality is used towards the Info. Evening and/or<br />

another worthwhile cause. Last year grant funds were also used to have<br />

“Lock it or Lose it” signs made which were erected all along Ipperwash<br />

parking areas with the help <strong>of</strong> Municipal Road staff. People that attend come<br />

from anywhere in the <strong>Municipality</strong> as it is advertised. We have had a direct<br />

impact on crime in the area and the O.P.P. is very grateful for our help.<br />

As you can see our committee is a very dedicated group <strong>of</strong> volunteers. We<br />

do not receive any funds from any other sources and we are in need <strong>of</strong> up to<br />

$500.00 to be able to continue to provide what we do for the Municipal<br />

residents.<br />

Sincerely,<br />

Cynthia Cook, Chair<br />

Ipperwash and Area Community Policing Committee<br />

8333 Glendale Drive<br />

<strong>Lambton</strong> <strong>Shores</strong><br />

N0N 1J7<br />

519 899 4372<br />

Encl.<br />

32


<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

PO Box 610<br />

7883 Amtelecom Pkwy<br />

Forest, ON<br />

N0N 1J0<br />

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

Dear Sir & Members,<br />

April 21, 2011-04-21<br />

On April 11, 2011 the Port Franks Community Police Committee was advised in writing, by Ashley Farr,<br />

that our Grant Request <strong>of</strong> the Community Grant Program was denied. <strong>The</strong> stated reason for denial was<br />

that our committee “does not fit within the five categories for funding through the Community Grant<br />

Program”. As we have received grants from this program in the last three years, we were surprised. <strong>The</strong><br />

same “five categories for funding” have been in place since 2006!<br />

In a meeting with Ashley on Thursday April 21, 2011 we expressed our concern that the message<br />

received was that <strong>Lambton</strong> <strong>Shores</strong> Council no longer regards our 100% volunteer committee to be <strong>of</strong><br />

value.<br />

We pointed out to Ashley the following ways in which we believe we bring value to <strong>Lambton</strong> <strong>Shores</strong>.<br />

Ashley asked that this definition be brought to your attention as well.<br />

a/ Seniors:<br />

PFCPC is an organization <strong>of</strong> nineteen (19) members – sixteen members are retired seniors (84%)!<br />

Our highest priority is the implementation <strong>of</strong> the excellent set <strong>of</strong> existing <strong>Lambton</strong> <strong>Shores</strong>’ by-laws. It is<br />

our community’s senior population that are <strong>of</strong>ten in need <strong>of</strong> help with these by-laws. <strong>The</strong>y are<br />

intimidated, scared, not aware <strong>of</strong> who and how to contact by-law <strong>of</strong>ficials and <strong>of</strong>ten very concerned<br />

about anonymity in regards to possible retaliation. Our monthly meetings and NewLetters provide<br />

assistance to them to confidently proceed with <strong>Lambton</strong> <strong>Shores</strong>’ help, in solving issues with by-laws.<br />

PFCPC provides a property monitoring service in Port Franks. Many <strong>of</strong> those using the service are snowbird<br />

seniors. Also some permanent senior residents and their care giving children, find our monitoring <strong>of</strong><br />

their property to be <strong>of</strong> value to them.<br />

PFCPC is working closely with the Forest OPP Detachment to reopen the Port Franks Community Centre<br />

OPP Office. <strong>The</strong> increased visibility and proximity <strong>of</strong> OPP Constables in our community will certainly be<br />

appreciated by the senior population.<br />

33


Beautification:<br />

Our committee believes that a community free <strong>of</strong> litter and low level vandalism is a community that is<br />

more likely to have reduced levels <strong>of</strong> crime.<br />

As such we actively promote litter management in Port Franks. We have “adopted” two highly travelled<br />

streets; Whatman Road and Nipigon Street. Also, we take responsibility to keep Port Franks Road from<br />

Highway #21 to Superior Street, free <strong>of</strong> litter. Also, twice per year we clean the <strong>Lambton</strong> County<br />

Heritage Forest fence lines and trails.<br />

In addition, we participate in the Communities in Bloom’s Trash Bash events twice per year. <strong>The</strong> 2010<br />

Communities in Bloom Report; <strong>Lambton</strong> <strong>Shores</strong>, noted that the “Tidiness” Award we received in 2010<br />

reflected, in part, our contribution and was noted as such on Page 4 <strong>of</strong> 19. Ruth Illman advised that at<br />

the awards ceremony we were explicitly mentioned as contributors to the “Tidiness Award”.<br />

c/ Tourism:<br />

PFCPC contributes to the development <strong>of</strong> tourism activity in <strong>Lambton</strong> <strong>Shores</strong> in a very fundamental way.<br />

Port Franks is recognized as a safe and comfortable place to spend the summertime. I have attached for<br />

your information graphical representation <strong>of</strong> the OPP “Occurrences” data for Port Franks for the first<br />

decade <strong>of</strong> this century. Total occurrences for “criminal activity” have declined significantly in the last few<br />

years. Specifically the number <strong>of</strong> times the OPP have visited Port Franks for Break & Enters, Drug<br />

Activity, and Sexual Assaults have decreased significantly. PFCPC has contributed to this success.<br />

d/ Special Events:<br />

PFCPC will be hosting our first annual “Information Night” on June 8, 2011 at the Community Centre. <strong>The</strong><br />

presenters from the Forest OPP Detachment will speak to Seniors Abuse and Human Trafficking in our<br />

community. We anticipate a turnout <strong>of</strong> over one hundred people for this evening.<br />

In addition we have plans to host a summertime BBQ in which members <strong>of</strong> our community can meet and<br />

mingle with OPP Constables and Detectives, as well as the PFCPC members.<br />

In summary, we hope that you see “value” in the activities <strong>of</strong> the Port Franks Community Police<br />

Committee as described above. We do hope that you will express that view by helping to fund our<br />

activities in 2011.<br />

34<br />

..................................................................................<br />

Wayne Nelson, Chairperson, PFPCC


Elected Members Present:<br />

(<strong>Lambton</strong> <strong>Shores</strong>)<br />

Mayor Bill Weber<br />

Councillor Dave Maguire<br />

Councillor Doug Bonesteel<br />

Elected Members Present:<br />

(Bluewater)<br />

Mayor Bill Dowson<br />

Deputy Mayor Paul Klopp<br />

Counncillor John Becker<br />

Councillor Tyler Hessel<br />

Councillor John Gillespie<br />

Councillor George Irvin<br />

Councillor Geordie Palmer<br />

Councillor Kay Wise<br />

Councillor Janise Zimmerman<br />

Others Present:<br />

GRAND BEND AREA SEWAGE PLANT BOARD<br />

MINUTES<br />

FRIDAY, APRIL 1, 2011<br />

SOUTH HURON RECREATION CENTRE – 49 VICTORIA STREET EAST<br />

(Exeter – <strong>Municipality</strong> <strong>of</strong> South Huron)<br />

John Byrne, CAO, <strong>Lambton</strong> <strong>Shores</strong><br />

Roy Hardy, CAO, South Huron<br />

Lori Wolfe, CAO/Clerk, Bluewater<br />

Michael Di Lullo, Municipal Clerk, South Huron<br />

1. Introduction and Welcome<br />

Elected Members Present:<br />

(South Huron)<br />

Mayor George Robertson<br />

Deputy Mayor Jim Dietrich<br />

Councillor Tom Tomes<br />

Mayor Robertson (South Huron) calls the meeting to order at 10:02 a.m. and makes opening statement<br />

introductions.<br />

2. Approval <strong>of</strong> Agenda<br />

<strong>The</strong>re are no updates to the Agenda.<br />

3. Disclosure <strong>of</strong> Conflict <strong>of</strong> Interest<br />

Members express no pecuniary interest.<br />

37


Grand Bend Board Minutes – April 1, 2011 Page 2<br />

4. Confirmation <strong>of</strong> Minutes from Previous Meeting<br />

4.1 September 16, 2010 meeting minutes.<br />

Moved by: Deputy Mayor Dietrich<br />

Seconded by: Mayor Weber<br />

“THAT the Minutes <strong>of</strong> the September 16, 2010 Grand Bend Area Sewage Plant Board meeting minutes be<br />

approved, as printed and circulated.”<br />

Disposition: CARRIED<br />

4.2 March 18, 2011 meeting minutes.<br />

Moved by: Councillor Tomes<br />

Seconded by: Councillor Maguire<br />

“THAT the Minutes <strong>of</strong> the March 18, 2011 Grand Bend Area Sewage Plant Board meeting minutes be approved,<br />

as printed and circulated.”<br />

Disposition: CARRIED<br />

5. Old Business<br />

5.1 Buffer Zone – Official Plan and Zoning Application.<br />

Mayor Robertson comments that the Board has filed an application with South Huron for an<br />

Official Plan Amendment and Zoning By-Law Amendment which is on hold, pending the results <strong>of</strong><br />

a meeting held with regional MOE representatives.<br />

Direction is sought to proceed with the application to implement the buffer zone <strong>of</strong> 150 metres<br />

around the lagoons/plant.<br />

Moved by: Mayor Weber<br />

Seconded by: Deputy Mayor Dietrich<br />

“THAT the Grand Bend Area Sewage Plant Board authorizes the <strong>Municipality</strong> <strong>of</strong> South Huron to proceed as<br />

directed with the Official Plan Amendment and Zoning By-Law Amendment with respect to the Buffer Zone<br />

Application in accordance with the Planning Act.”<br />

Disposition: CARRIED<br />

38


Grand Bend Board Minutes – April 1, 2011 Page 3<br />

5.2 Mechanical Treatment Plant Phasing<br />

At the orientation meeting <strong>of</strong> February 18, 2011, discussion has been raised in regards to the<br />

option <strong>of</strong> phasing <strong>of</strong> the mechanical treatment plant by building one instead <strong>of</strong> two treatment<br />

trains and eliminating the associated equipment.<br />

Mayor Weber raises concern that Bluewater is not able to participate at the Board and suggests<br />

that a timeframe be established to allow them to appoint members to the Board.<br />

Mayor Robertson concurs and advises that the Board must proceed forward but with all parties<br />

present.<br />

Direction is given:<br />

� THAT the Grand Bend Area Sewage Treatment Board advise the <strong>Municipality</strong> <strong>of</strong><br />

Bluewater to appoint its member representatives by the next Board meeting or<br />

provide a resolution authorizing the Board to proceed with the construction <strong>of</strong> the<br />

treatment plant in accordance with the Agreement guidelines.<br />

At this time, a motion is tabled as follows:<br />

Moved by: Councillor Tomes<br />

Seconded by: Deputy Mayor Dietrich<br />

“THAT the Grand Bend Area Sewage Treatment Board direct the Administering <strong>Municipality</strong> to:<br />

� Speak to the Federal and Provincial MP & MPP and their Ministries about phasing the mechanical treatment<br />

plant construction, and the possibility <strong>of</strong> using the balance <strong>of</strong> the grant on the shared pumping and<br />

conveyance system; and,<br />

� Proceed on basis <strong>of</strong> construction a phased plant; and,<br />

� Authorize Dillon to revise the tender documents and drawings for construction to commence in the Spring <strong>of</strong><br />

2012.”<br />

Disposition: LOST<br />

Deputy Mayor Dietrich advises that if the Board intends to proceed with a full build out <strong>of</strong> the<br />

mechanical treatment plant, then South Huron may reduce its capacity in the new plant, as<br />

allowed under the Agreement, to keep the costs in line for the current and future users based on<br />

the results <strong>of</strong> the Collection System EA.<br />

As a result <strong>of</strong> the lost motion, a notice <strong>of</strong> motion is tabled for a future meeting <strong>of</strong> the Board as<br />

follows:<br />

Moved by: Councillor Tomes<br />

Seconded by: Mayor Weber<br />

“THAT the Grand Bend Areas Sewage Treatment Board support the review <strong>of</strong> phasing the mechanical treatment<br />

plant construction and that this be considered at a future Board meeting once all three parties are present.”<br />

Disposition: CARRIED<br />

39


Grand Bend Board Minutes – April 1, 2011 Page 4<br />

5.3 Certificate <strong>of</strong> Approval Application<br />

Pending the outcome <strong>of</strong> the planning application, the Board will deal with the Certificate <strong>of</strong><br />

Approval application at a future Board meeting.<br />

5.4 Project Timing<br />

<strong>The</strong> Board will review the timelines <strong>of</strong> the project at a future Board meeting once all parties are<br />

able to participate and agree on the project guidelines.<br />

5.5 Final Design & Call for Prequalification <strong>of</strong> Tenders<br />

6. New Business<br />

Based on the decision to phase the plant, a new project timetable will be presented before the<br />

Board for consideration at a future meeting.<br />

6.1 Commitment and Withdrawal Notices to partners – due December 31, 2011<br />

Mayor Robertson advises that the there is stringent time constraints to make decisions for the<br />

treatment plant with a decision to commit by all parties by end <strong>of</strong> year.<br />

6.2 Other New Business<br />

7. Next Board Meeting<br />

Mayor Robertson suggests that Dillon and Gambsy & Mannerow work together to update the<br />

design flows and population projections related to a phased mechanical treatment plant.<br />

Direction is given:<br />

� THAT the CAOs will follow up on the suggestion made by South Huron.<br />

Mayor Robertson opens the floor for comment about a future meeting date and there is general<br />

concurrence that the next meeting takes place on April 18, 2011 at 10:00 a.m. located at the South Huron<br />

Recreation Centre in Exeter (South Huron).<br />

8. Adjournment<br />

Mayor George Robertson (South Huron) adjourns the meeting at 10:20 a.m.<br />

Moved by: Deputy Mayor Dietrich<br />

Seconded by: Councillor Maguire<br />

“THAT the Grand Bend Area Sewage Plant Board meeting do now adjourn to meet again on Monday,<br />

April 18, 2011 at 10:00 a.m. at the South Huron Recreation Centre or at the Call <strong>of</strong> the Chair.”<br />

Disposition: CARRIED<br />

40


THE MUNICIPALITY OF LAMBTON SHORES<br />

C.A.O. Report No. 23-2011 Wednesday, April 20, 2011<br />

TO: Mayor Weber & Members <strong>of</strong> Council<br />

FROM : John Byrne, C.A.O.<br />

RE: Business Plan – <strong>The</strong>dford Dirty Dogs Senior AA Hockey Team<br />

RECOMMENDATION:<br />

REPORT<br />

BACKGROUND<br />

That C.A.O. Report No. 23-2011 – Business Plan <strong>The</strong>dford<br />

Dirty Dogs Senior AA Hockey team and the<br />

recommendations therein be accepted and approved and<br />

that staff be authorized to work with the team to implement<br />

those recommendations.<br />

As directed by Council, staff has been exploring ways in which those teams and<br />

organizations impacted in the delayed completion <strong>of</strong> the Legacy Centre could be<br />

compensated for the loss <strong>of</strong> ice time and added expense incurred. We have not yet<br />

developed a strategy for compensating these groups yet but will have something prior to<br />

the 2011-12 season. In the meantime the situation with the Dirty Dogs requires more<br />

immediate attention due to its relationship with the Senior AA Hockey League and the<br />

need to determine whether or not it will be able to compete in the upcoming season.<br />

<strong>The</strong> <strong>The</strong>dford Dirty Dogs Hockey Team has been operating out <strong>of</strong> the former <strong>The</strong>dford-<br />

Bosanquet arena facility since 2005 and has slowly but surely been able to build a<br />

successful team in what is considered to be a very small and challenging market.<br />

Attendance and support for the team has grown over the years but the challenges <strong>of</strong><br />

operating a competitive team at this level remain. While attendance has grown by some<br />

43% since its inception operating costs have continued to put a strain on the team<br />

especially in the 2010-11 season, when their home base, underwent its major<br />

renovation.<br />

Apart from its internal financial issues, there is no doubt that the Dirty Dogs and their<br />

hockey games have become a key component <strong>of</strong> the Legacy Centre’s viability but also<br />

that <strong>of</strong> the greater community. <strong>The</strong> operation <strong>of</strong> the team and the visiting teams and<br />

fans it attracts have a spin <strong>of</strong>f benefit to the local business community that should be<br />

recognized, while modest, this infusion <strong>of</strong> $2,500 to $3,000.00 a year is welcomed by<br />

the local business community and it is hoped that with the continued success <strong>of</strong> the<br />

team that spin <strong>of</strong>f will continue to grow.<br />

41


<strong>The</strong> team and its activities also contribute to the “quality <strong>of</strong> life” in the local community,<br />

as a draw that brings local residents together to share in the support <strong>of</strong> “<strong>The</strong>ir Team”.<br />

<strong>The</strong> team and its sponsors is largely made up <strong>of</strong> local residents from within <strong>Lambton</strong><br />

<strong>Shores</strong><br />

Unable to host games at its own home base and the added costs and logistical issues<br />

associated with finding ice time in the area for the 2010-11 season have brought the<br />

team to the verge <strong>of</strong> collapse. Council will recall that earlier this year the team appeared<br />

as a delegation before Council to plead its case and to seek some form <strong>of</strong> restitution for<br />

the losses it incurred in the 2010-11 season. Council agreed to consider the issue and<br />

see if there was some way in which the losses could be addressed.<br />

<strong>The</strong> 2010-11 Season – <strong>The</strong>dford Dirty Dogs - Cost Impacts<br />

<strong>The</strong> most immediate concern for the team is the cost incurred as a result <strong>of</strong> the<br />

renovation <strong>of</strong> the <strong>The</strong>dford Arena facility. Had the facility been ready for the team as<br />

promised by the <strong>Municipality</strong>, the team would have been expected to purchase a<br />

significant amount <strong>of</strong> ice time. As a result <strong>of</strong> the renovations the team had to seek that<br />

same amount <strong>of</strong> ice time at other facilities, who charge more for ice time. That is the ice<br />

time cost differential that the team is out <strong>of</strong> pocket for 2010-11. This is in addition to an<br />

outstanding ice rental bill from the 2009-10 season <strong>of</strong> $6,383.90.<br />

In addition, the <strong>The</strong>dford Arena also serves as the “Home Ice” for the Dirty Dogs and<br />

provides the source <strong>of</strong> most <strong>of</strong> its revenues from its ticket sales ($12,000.00 to<br />

13,500.00) and sponsorships ($5,000.00) other revenue sources including bar sales.<br />

<strong>The</strong>se losses in total amount to approximately $15,000.00. <strong>The</strong> Team stood a good<br />

chance <strong>of</strong> making this revenue again in 2010-11 had they not been impacted by the<br />

arena renovations. <strong>The</strong>se lost revenues should be addressed in whatever<br />

compensation package is developed for those user groups. <strong>The</strong> issue <strong>of</strong> the<br />

compensation will be the subject <strong>of</strong> a separate report and not addressed here, other<br />

than to say until such time as the issue is resolved some consideration should be given<br />

to the Dirty Dogs.<br />

As Council can see, the impact <strong>of</strong> not being able to use the <strong>The</strong>dford Arena as originally<br />

intended has had significant impacts on this team and its financial viability. In order to<br />

address these impacts, it is suggested that the <strong>Municipality</strong> consider covering the cost<br />

<strong>of</strong> the ice rental fees the team has been forced to pay to other venues totalling<br />

$6,228.37, so those municipalities who rented ice are reimbursed for those costs. <strong>The</strong>se<br />

costs are as follows:<br />

<strong>Municipality</strong> <strong>of</strong> South Huron –Exeter Arena - $4,701.80<br />

North Middlesex –Parkhill Arena - $ 909.13<br />

Strathroy-Caradoc –Gemini Centre - $ 230.00<br />

Warwick -Watford Arena -$ 387.44<br />

While it is proposed that these other municipalities be reimbursed for these ice rentals,<br />

this is only an interim measure intended to “localize” the issue so that other<br />

municipalities are not out <strong>of</strong> pocket for our internal issue. I am suggesting that if an<br />

arrangement is made to compensate other user groups for the inconvenience caused<br />

42


y the renovations, that whatever solution that may be, also apply to the Dirty Dogs, it<br />

may take a month or more to resolve the issue for all groups and organizations. As for<br />

the repayment <strong>of</strong> these costs it is suggested that this be treated as a “Deferred Debt” <strong>of</strong><br />

the <strong>The</strong>dford Dirty Dogs, to be repaid over time, once the club gets back on its feet.<br />

As for the outstanding ice rental billing for the 2009-10 season <strong>of</strong> $6,383.90 it is<br />

suggested that this be added to the “Deferred Debt” <strong>of</strong> the team, together the total debt<br />

would amount to $12,612.27. I would stress again that this financial obligation <strong>of</strong> the<br />

team be held, interest free, and be paid down over time as the team can afford. <strong>The</strong><br />

status <strong>of</strong> this outstanding amount would be reviewed annually to ensure plans are in<br />

place for its retirement.<br />

<strong>The</strong> 2011-12 Season –Business Plan<br />

Recognizing that the operation <strong>of</strong> a Senior AA Hockey Club is a complex and<br />

challenging venture, especially in a small market, the Dirty Dogs have recognized the<br />

need to restructure their organization and adopt a more “businesslike” approach to<br />

running the team, to this end Mr. Bill Ballard a local <strong>Lambton</strong> <strong>Shores</strong> resident and<br />

retired businessman has agreed to assume the role <strong>of</strong> Chief Executive Officer <strong>of</strong> the<br />

team. Mr. Ballard met with Mayor Weber, and Councillors Bonesteel and Russell along<br />

with staff to discuss the finances <strong>of</strong> the club, their current dilemma and a strategy for the<br />

future viability <strong>of</strong> the club. While the details <strong>of</strong> this are still under discussion, it is<br />

anticipated that a more viable business plan for the club will be established for the<br />

upcoming 2011-12 season. I should further state that any financial arrangements<br />

regarding the Dirty Dogs, be conditional upon Mr. Ballard’s continued role as Chief<br />

Executive Officer <strong>of</strong> the teams “<strong>of</strong>f-ice” business.<br />

<strong>The</strong>re is hope that the Dirty Dogs will see a restoration <strong>of</strong> their fan base and financial<br />

viability for the 2011-12 season. <strong>The</strong> new Legacy Centre facility will be substantially<br />

completed later this month, with full operations recommencing this fall. As part <strong>of</strong> the<br />

business plan for the Dirty Dogs viability, accommodations have been made to permit,<br />

with Council approval the setting up <strong>of</strong> a “Blue Line Club” in the Legacy Centre that will<br />

allow the club to serve alcohol at its games. <strong>The</strong> details <strong>of</strong> how this will be set up have<br />

yet to be worked out.<br />

Summary<br />

<strong>The</strong> report above is an attempt to address the immediate and long term financial issues<br />

<strong>of</strong> the Dirty Dogs Senior AA Hockey Team. <strong>The</strong> suggestions outlined in the report are<br />

simply recommendations on how that might be accomplished. Detailed implementation<br />

<strong>of</strong> the plan would be the next step if Council is agreeable.<br />

<strong>The</strong> plan in brief is to defer, not forgive, the outstanding ice time rental costs incurred by<br />

the team and to allow those costs to be repaid, without interest, over time. <strong>The</strong> second<br />

component <strong>of</strong> the plan is to incorporate the other financial losses incurred by the club<br />

from the loss <strong>of</strong> their home base into the overall compensation package being<br />

developed for all user groups impacted by the delayed completion <strong>of</strong> the Legacy Centre.<br />

<strong>The</strong> third component <strong>of</strong> the plan is to require the Dirty Dogs to designate Mr. Bill Ballard<br />

43


as the Chief Executive Officer <strong>of</strong> the Club until such time as a new business plan is<br />

developed and implemented.<br />

Respectfully submitted,<br />

John Byrne<br />

Chief Administrative Officer<br />

44


THE MUNICIPALITY OF LAMBTON SHORES<br />

C.A.O. Report No. 24-2011 Thursday, April 21, 2011<br />

TO: Mayor Weber & Members <strong>of</strong> Council<br />

FROM : John Byrne, C.A.O.<br />

RE: Tender Approval – Water Tanker Truck – Arkona Fire Department<br />

RECOMMENDATION:<br />

REPORT<br />

That the tender <strong>of</strong> Mid West Fire Equipment in the amount <strong>of</strong><br />

$210,361.73 (including HST) for the supply and delivery <strong>of</strong> a<br />

Water Tanker Truck for the Arkona Fire Department be<br />

accepted and approved.<br />

Pursuant to the direction <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Fire Board and Council tenders were<br />

called for the supply and delivery <strong>of</strong> a new Water Tanker Truck for the Arkona Fire<br />

Department. <strong>The</strong> specifications and tender call were made in accordance with municipal<br />

tendering policy. <strong>The</strong> tenders received were as follows:<br />

Mid West Fire Equipment $188,876.00 US<br />

Darch Fire $216,681.67 CN<br />

Eastway Emergency Vehicle $218,381.74 CN<br />

Dependable Emergency Vehicle $221,726.00 CN<br />

Arnprior Fire Truck Corp. $224,900.00 CN<br />

Metal Fab $226,652.00 CN<br />

Resqtech $228,500.00 CN<br />

All subject to HST<br />

<strong>The</strong> Chief and his staff have reviewed the lowest tender and discussed this firm and the<br />

quality <strong>of</strong> their workmanship and service with Chiefs from other municipalities who have<br />

purchased vehicles from them. All reports were very positive. Given that this is the<br />

lowest tender and has good references it is recommended that the low tender <strong>of</strong><br />

45


MidWest Fire Equipment be accepted. <strong>The</strong> cost, including HST, totals $210,200.91 and<br />

although above our estimate it is still within the Fire Department Reserve limit. <strong>The</strong><br />

Chief expects delivery <strong>of</strong> the vehicle within 30 weeks or earlier, which is fine with the<br />

department.<br />

Respectfully submitted,<br />

John Byrne<br />

Chief Administrative Officer<br />

46


TO:<br />

FROM:<br />

RE:<br />

THE MUNCIPALITY OF LAMBTON SHORES<br />

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

Barry Card, Municipal Solicitor<br />

Patti Richardson, Senior Planner<br />

Grand Bend <strong>Shores</strong> Development<br />

Formerly Wintru Developments Inc. (Murray Troup)<br />

Proposed Grand Bend Development<br />

RECOMMENDATION:<br />

REPORT<br />

For Council information and direction<br />

Council at their April 4, 2011 meeting passed the following motion:<br />

Moved by: Councittor Russe//<br />

Seconded by: Councillor Scott<br />

That the Planner be instructed to prepare a further report on Option 1 from PL<br />

Report No. ' 18-201 1 and detail how the development could proceed in a<br />

manner in which the commercial development would be tied into the future<br />

development on the property and that the report include possib/e impacts and<br />

ramifications <strong>of</strong> proceeding with this option.<br />

:<br />

Option 1<br />

Option 1 contained in Planning Report No. 18-2011 proposed the severance <strong>of</strong> a four<br />

(4) acre lot for the development <strong>of</strong> a Canadian Tire store.<br />

How the Development Could Proceed<br />

.<br />

<strong>The</strong> proposed development would require an immediate extension <strong>of</strong> the following<br />

services:<br />

sanitary servicing<br />

water servicing<br />

stormwater management<br />

47


For the purpose <strong>of</strong> this response, it is assumed that these services have capacity and<br />

that the extension <strong>of</strong> services (both hard and s<strong>of</strong>t costs) would be achieved at the<br />

expense <strong>of</strong> the developer. lt is for the applicant to demonstrate the feasibility <strong>of</strong> these<br />

assumptions.<br />

<strong>The</strong> reference to connection on a "temporary basis" means that although the land would<br />

enjoy immediate access to these services, it would ultimately be serviced in a manner<br />

that will be determined on the basis <strong>of</strong> future studies. <strong>The</strong> temporary connection allows<br />

Canadian Tire the ability to proceed before the final servicing strategy is in place and<br />

gives the <strong>Municipality</strong> the assurance that the developer will be required in the future to<br />

contribute and connect to the permanent servicing solution for the lands as has been<br />

required <strong>of</strong> other developers in the <strong>Municipality</strong>. This temporary approach is similar to<br />

what was done a few years ago with the Oakwood Condominium project on Highway<br />

#21 in South Huron. <strong>The</strong> lands were allowed to connect temporarily to the <strong>Lambton</strong><br />

<strong>Shores</strong> collection system conditional on the lands being disconnected from the <strong>Lambton</strong><br />

<strong>Shores</strong> system when the permanent South Huron collection system was operational.<br />

However, Council should be aware that this approach not common practice in the<br />

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

A "permanent" connection should not be permitted at this time for a variety <strong>of</strong> reasons,<br />

not the least <strong>of</strong> which is that the capacity for and ultimate design for the servicing<br />

infrastructure for the land in which this development lays has yet to be determined.<br />

Permitting a "permanent" connection in advance <strong>of</strong> that design could negatively impact<br />

both the ultimate design and the performance <strong>of</strong> the "permanent" connection or both. As<br />

stated above a conditional "temporary" connection is the better solution to allow a<br />

development to proceed ahead <strong>of</strong> time on the understanding that they will have to<br />

connect and contribute to the cost <strong>of</strong> the ultimate design when it is implemented.<br />

Inteqration with Development on the Balance <strong>of</strong> the Land<br />

<strong>The</strong> Official Pldn calls for the integration <strong>of</strong> commercial development, even when this<br />

development is, undertaken by different owners. <strong>The</strong> purpose <strong>of</strong> integration is to<br />

facilitate access, multi-purpose trips, pedestrian and vehicle safety, servicing and other<br />

aspects <strong>of</strong> efficiency and planning that are in the public interest.<br />

ldeally, a concept plan would be available for the whole site before any development<br />

was undertaken. This would inform <strong>of</strong> decisions respecting external and internal site<br />

services, building placement, landscaping and other matters. In the absence <strong>of</strong> a<br />

comprehensive:plan, assumptions must be made about how the development will<br />

proceed. <strong>The</strong>se assumptions may affect development <strong>of</strong> the remaining land, either by<br />

limiting its utility for certain uses, or by creating constraints that could have been<br />

avoided. <strong>The</strong> needs <strong>of</strong> the whole site must be taken into account as much as possible.<br />

For example, the primary vehicle access to the Canadian Tire parking area may,<br />

ultimately, be fl'om within the larger development. Alternatively, direct access to the<br />

Canadian Tire site may be required to serve other portions <strong>of</strong> the whole site. This could<br />

48


equire adjustments to already developed segments <strong>of</strong> the whole site.<br />

One way to address this issue is to require that prior to the first severance, a site plan<br />

agreement be registered against the whole <strong>of</strong> the site. <strong>The</strong> site plan would show the<br />

area that is to be developed now and the area that is for future commercial<br />

development. <strong>The</strong> agreement would provide for future reconfiguration <strong>of</strong> the whole at<br />

the expense <strong>of</strong> the owner, as additional lands develop. This would facilitate the<br />

relocation <strong>of</strong> intbrnal driveways, external access, services, such as drainage works and<br />

other matters that should be integrated to achieve a functional and nodal development.<br />

This agreement will run with the lands and bind all future owners, whether or not<br />

severances are,granted.<br />

As each phase'<strong>of</strong> development is proposed for approval, the functionality <strong>of</strong> the whole<br />

would be evaluated. A new site plan agreement would be registered, to reflect<br />

amendments to the facilities required for the whole. This approach would assist with<br />

integration.<br />

I<br />

lmpacts and Ramifications<br />

Development <strong>of</strong>ten does proceed in phases. That is not unusual, however, the absence<br />

<strong>of</strong> a guiding vision for development <strong>of</strong> a whole property, within a planned community, is<br />

less usual<br />

<strong>The</strong>re are three main drawbacks to allowing piecemeal development:<br />

1. lt can prejudice the development <strong>of</strong> adjoining land,<br />

2. lt can undermine the function <strong>of</strong> existing planned and serviced lands, and<br />

3. lt can interfere with the fairness and efficiency <strong>of</strong> future infrastructure investment.<br />

<strong>The</strong> first two items have been discussed above. <strong>The</strong> third can be overcome by requiring<br />

that land developed on the basis <strong>of</strong> "temporary" facilities, be required to contribute on a<br />

pro rata basis,, towards the cost <strong>of</strong> the ultimate servicing scheme which Council<br />

approves for the area, without any deduction for the cost <strong>of</strong> the temporary services<br />

installed at owner expense. This would be expressly stated in the agreement which<br />

permits an extension <strong>of</strong> services.<br />

Trusting this is the information Council requires.<br />

Yours Respectftrlly<br />

t,<br />

a ) : , 1<br />

6t"4 rd /-<br />

"-*1///fr/t<br />

,,"" ;,|, :<br />

,nt .i,f.," L<br />

l,-" ! "i i{il,t"i,':#.r,i.'..'<br />

Barry Card Patti L. Richardson,<br />

49


Municipal Solicitor Senior Planner<br />

50


THE MUNCIPALITY OF LAMBTON SHORES<br />

PL Report No. 21-2011 Wednesday, April 20, 2011<br />

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

FROM: Patti Richardson, Senior Planner<br />

RE: ZONING BY-LAW AMENDMENT APPLICATION ZO-02/2011<br />

LOCATION: Clemens Line<br />

OWNER: Cecil Wayne and Kevin Paul Thody<br />

AGENT: <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

RECOMMENDATION:<br />

REPORT<br />

That Zoning By-law Amendment Application ZO-02/2011<br />

requesting an amendment to Zoning By-law 1 <strong>of</strong> 2003 as it<br />

affects lands on Clements Line owned by Cecil and Kevin<br />

Thody to change the Environmental Protection - Natural<br />

Conservation (EP-NC) Zone on the lands to a Environmental<br />

Protection - Natural Conservation 2 (EP-NC2) Zone to allow a<br />

dwelling to be constructed on the lands be APPROVED.<br />

Summary <strong>of</strong> the Application<br />

<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> has initiated an amendment to the <strong>Lambton</strong> <strong>Shores</strong><br />

Zoning By-law 1 <strong>of</strong> 2003 to amend the Environmental Protection - Natural Conservation<br />

(EP-NC) Zone on lands located on the south side <strong>of</strong> Clemens Line in Ipperwash and<br />

owned by Cecil and Kevin Thody to a Environmental Protection - Natural Conservation 2<br />

(EP-NC2) Zone to allow a dwelling to be constructed on the lot.<br />

It has come to the <strong>Municipality</strong>„s attention that a mapping error occurred when the current<br />

Zoning By-law was initially approved by Council in 2003, which resulted in the incorrect<br />

zone being placed on Messer Thody„s lands. Correspondence and Council minutes<br />

indicate that Council directed that Messrs Thody‟s property be placed in a special<br />

Environmental Protection - Natural Conservation Zone that would allow the construction <strong>of</strong><br />

a dwelling on the lands. Messrs Thody had already cleared a portion <strong>of</strong> the lands and<br />

installed a septic system on the property in anticipation <strong>of</strong> building a dwelling. Mr. Kevin<br />

Thody indicated to Council, that at the time <strong>of</strong> purchase, he was advised that he could<br />

build a dwelling. It appears the Environmental Protection – Natural Conservation 2 (EP-NC<br />

2) Zone was created for this purpose.<br />

51


Location<br />

<strong>The</strong> subject lands are located on<br />

the south side <strong>of</strong> Clemens Line,<br />

east <strong>of</strong> Army Camp Road in the<br />

Ipperwash Community. <strong>The</strong><br />

lands owned by the applicants<br />

have a lot area <strong>of</strong> 4.24 acres and<br />

a frontage <strong>of</strong> 33 ft. <strong>The</strong> lands<br />

form part <strong>of</strong> a <strong>The</strong> Ipperwash<br />

Dunes Environmentally Sensitive<br />

Area.<br />

Discussion<br />

<strong>The</strong> subject lands are currently<br />

designated “Wetland and Hazard<br />

and Environmental Protection in<br />

the <strong>Lambton</strong> <strong>Shores</strong> Official<br />

Plan. A dwelling is not permitted<br />

in these designations.<br />

That portion <strong>of</strong> the land<br />

designated “Wetland” in the Official Plan are zoned Environmental Protection -<br />

Wetlands (EP-WET) in the Zoning By-law and that portion <strong>of</strong> the property designated<br />

Hazard and Environmental Protection in the Official Plan are zoned Environmental<br />

Protection - Natural Conservation (EP-NC) I the Zonign By-law.<br />

<strong>The</strong> owner <strong>of</strong> the property Kevin Thody participated in the public consultation respecting<br />

the new <strong>Lambton</strong> <strong>Shores</strong> Zoning By-law in 2002 and requested that his property be<br />

zoned to permit a dwelling to be constructed. He indicated at the time that a portion <strong>of</strong><br />

the lands had already been cleared and a septic system and driveway installed in<br />

anticipation <strong>of</strong> a dwelling being constructed. He further indicated that he had been<br />

advised that a dwelling could be constructed on the lands when he purchased it. This<br />

request was investigated by the Planner <strong>of</strong> the day, who did a site visit and<br />

recommended to Council that a special zone be placed on the lands to allow a dwelling<br />

to be constructed. Council approved that recommendation at their January 20, 2003<br />

meeting.<br />

<strong>The</strong> special zone was developed and included in the text portion <strong>of</strong> the zoning by-law in<br />

the form <strong>of</strong> the Environmental Protection - Natural Conservation 2 (EP-NC2) Zone.<br />

However, the Environmental Protection - Natural Conservation 2 (EP-NC2) Zone was<br />

placed on the lands to the west <strong>of</strong> the subject lands on the map portion <strong>of</strong> the By-law.<br />

Attached for Council information are the relevant reports and Council minutes<br />

respecting the previous Council‟s approval <strong>of</strong> a zoning which would permit a dwelling to<br />

be constructed on the lands.<br />

52


Summary<br />

In light <strong>of</strong> the above, I recommend that <strong>Lambton</strong> <strong>Shores</strong> Zoning By-law 1 <strong>of</strong> 2003 be<br />

amended to reflect the previous <strong>Lambton</strong> <strong>Shores</strong> Council approval to allow a dwelling to<br />

be constructed on the subject lands.<br />

Respectfully submitted<br />

Patti L. Richardson<br />

Senior Planner<br />

53


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

BY-LAW 34 OF 2011<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 May 2, 2011 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. Schedule ‘A-5’ 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 />

“ENVIRONMENTAL PROTECTION – NATURAL CONSERVATION (EP-NC)<br />

to the<br />

“ENVIRONMENTAL PROTECTION – NATURAL CONSERVATION 2 (EP-NC2)<br />

3. 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 2 nd Day <strong>of</strong> May, 2011.<br />

READ A THIRD TIME AND FINALLY PASSED THIS 2ND DAY OF MAY, 2011.<br />

64<br />

________________________<br />

MAYOR – Bill Weber<br />

________________________<br />

CLERK – Carol McKenzie


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

ZONING BY-LAW 34 OF 2011<br />

Explanatory Note<br />

<strong>The</strong> purpose <strong>of</strong> this zoning by-law amendment is to change the Environmental Protection –<br />

Natural Conservation (EP-NC) zoning on those land son the south side <strong>of</strong> Clemens Line and<br />

owned by Cecil and Kevin Thody to a Environmental Protection – Natural Conservation 2<br />

(EP-NC2) Zone to allow a new dwelling to be constructed on the lot . This application is<br />

intended to correct a mapping error that was made in 2003 when the new <strong>Lambton</strong><br />

<strong>Shores</strong> Zoning By-law 1 <strong>of</strong> 2003 was adopted.<br />

66


THE MUNCIPALITY OF LAMBTON SHORES<br />

PL Report No. 22-2011 Wednesday, April 20, 2011<br />

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

FROM: Patti Richardson, Senior Planner<br />

RE: SITE PLAN AGREEMENT<br />

Between MOR Properties Inc. and the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong><br />

<strong>Lambton</strong> <strong>Shores</strong><br />

29 Main Street West - Grand Bend<br />

RECOMMENDATION:<br />

REPORT<br />

To request that Council approve a by-law authorizing the<br />

execution <strong>of</strong> a Site Plan Agreement between MOR Properties<br />

Inc. and the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong>.<br />

MOR Properties Inc. is proposing to establish a restaurant in the existing building at 29<br />

Main Street West, which includes two outdoor patios. Council will recall that they<br />

exempted the lands from a cash-in-lieu <strong>of</strong> parking payment for the restaurant. Further,<br />

the Committee <strong>of</strong> Adjustment granted a minor variance to the Zoning By-law to allow the<br />

restaurant without providing the required 32 parking spaces and to allow a small<br />

addition to the rear <strong>of</strong> the building to provide an exterior side yard and a rear yard which<br />

are less than the minimum by-law requirements. <strong>The</strong> appeal period respecting the<br />

Committee <strong>of</strong> Adjustment’s decision for the variance application expired on April 16,<br />

2011, with no appeals being received.<br />

I am pleased to report to Council that an acceptable site plan agreement has been<br />

prepared by staff and executed by MOR Properties Inc., which is now presented for<br />

Council approval. <strong>The</strong> agreement provides for proper development <strong>of</strong> the lands. A bylaw<br />

authorizing the <strong>Municipality</strong> to execute the agreement is attached for Council’s<br />

consideration.<br />

Respectfully submitted<br />

Patti L Richardson<br />

Senior Planner<br />

68


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

BY-LAW 33 OF 2011<br />

Being a By-law to Authorize a Site Plan Agreement<br />

with MOR Properties Inc.<br />

WHEREAS it is deemed desirable that the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong> enter into a Site Plan Agreement with MOR Properties Inc. affecting lands<br />

known municipally as 29 Main Street West, Grand Bend, in the <strong>Municipality</strong> <strong>of</strong><br />

<strong>Lambton</strong> <strong>Shores</strong> in the County <strong>of</strong> <strong>Lambton</strong>.<br />

NOW THEREFORE the Municipal Council <strong>of</strong> the 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 Site Plan Agreement with MOR Properties Inc., in the form <strong>of</strong> the<br />

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> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <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 2 day <strong>of</strong> May, 2011.<br />

READ A THIRD TIME AND FINALLY PASSED THIS 2ND DAY OF MAY, 2011.<br />

69<br />

________________________<br />

MAYOR – Bill Weber<br />

________________________<br />

CLERK – Carol McKenzie


THE MUNICIPALITY OF LAMBTON SHORES<br />

D.C.S. Report No. 38-2011 Wednesday, April 27, 2011<br />

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

FROM: Peggy Van Mierlo-West, Director <strong>of</strong> Community Services<br />

RE: Tractor Request for Proposals - Results<br />

RECOMMENDATION:<br />

REPORT<br />

For Council information.<br />

On Thursday April 7 th , 2011 tenders were opened in public for the above noted item.<br />

<strong>The</strong> proposal included all things necessary for the supply <strong>of</strong> a 4–wheel drive utility<br />

tractor and self leveling loader. Six proposals were submitted for opening. <strong>The</strong> results<br />

were as follows:<br />

Delta Power Forest $58,744.00<br />

Delta Power Warwick $61,020.00<br />

Podolinsky Equipment $63,396.39<br />

Delta Power Watford $63,762.51<br />

Huron Tractor $73,067.00<br />

CG Equipment $79,100.00<br />

(All prices include HST)<br />

<strong>The</strong> approved capital budget allocation for this purchase is $80,000.00. During the<br />

review <strong>of</strong> the proposals it was found that the low bid did not include some <strong>of</strong> the<br />

mandatory requirements <strong>of</strong> the RFP and that items which were requested as mandatory<br />

were <strong>of</strong>fered as an optional portion which increased the proposal to approximately<br />

$62,000.00. <strong>The</strong> attached Schedule A further breakdowns the review <strong>of</strong> the proposals.<br />

Staff also did visits the low bid tractor and found it to be too small to effectively run the<br />

beach cleaner.<br />

It is the recommendation <strong>of</strong> the Community Services Department that bid <strong>of</strong> $61,020.00<br />

be approved and that staff be directed to purchase the 2011 Kubota M9540 from Delta<br />

Power Warwick.<br />

Respectfully submitted<br />

Peggy Van Mierlo-West<br />

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

81


Review <strong>of</strong> Tenders / proposals, quotations to replace the 6200 series John Deere Tractor and Loader<br />

Colour Code Chart<br />

Green Colour - meets specifications for proposed use <strong>of</strong> tractor<br />

Yellow Colour - warning, does not totally meet specifications for proposed use <strong>of</strong> tractor<br />

Red Colour - does not meet our specifications for the proposed use <strong>of</strong> the tractor<br />

Description <strong>of</strong> Otions Required Delta Power-Forest Delta Power-Warwick Podolinsky Equip. Delta Power-Watford Huron Tractor CG Equipment<br />

Case/Farmall 95C Kubota M9540 John Deere 5093E New Holland T4050 6030 John Deere Massey Ferguson MF5445<br />

Bid Price HST Included $58,744.00 $61,020.00 $63,396.39 $63,762.51 $73,067.00 $79,100.00<br />

Tractor General<br />

91-95 Horse Power 95 hp 95 hp 93 hp 95 hp 95 hp 95 hp<br />

75-80 PTO Horse Power 80 hp 84 hp 79 hp 80 hp 76 hp 75 hp<br />

Four Wheel Drive with cab yes yes yes yes yes yes<br />

Full Frame Support loader bracket support Full Frame + loader support loader bracket support loader bracket support Full Frame + loader support Full Frame + loader support<br />

Height from ground to top <strong>of</strong> Cab 91.4 in. 102 in. 98.8 in. 91.4 in. 102 in. 108.3 in.<br />

Tractor weight with cab 7055 lbs 6908 lbs. 7385 lbs. 7055 lbs. 9361 lbs. 9848 lbs.<br />

Tractor Engine<br />

4 cylinder engine (4 litre) 4.5 litre, 4 cyl. 3.8 litre, 4 cyl. 4.5 litre, 4 cyl. 4.5 litre, 4 cyl. 4.5 litre, 4 cyl. 4.4 litre, 4 cyl.<br />

Wet Sleeve cylinders or bored block parent bore parent bore wet sleeve parent bore wet sleeve bored block<br />

Turbo Charged yes yes yes yes yes yes<br />

Under Hood muffler yes yes yes yes yes yes<br />

Vertical exhaust stack yes yes yes yes yes yes<br />

Hand and foot throttle yes yes yes yes yes yes<br />

100 litre fuel tank 87.8 litre 110 litres 127 liters 87.8 litre 165 litres 145 litre<br />

Tractor - Instrumentation<br />

Fuel guage yes yes yes yes yes yes<br />

Hour meter yes yes yes yes yes yes<br />

High Beam Indicator yes yes yes yes yes yes<br />

Coolant Temperature Guage yes yes yes yes yes yes<br />

Oil pressure light yes yes yes yes yes yes<br />

Tractor- Electrical<br />

12 volt electrical system yes yes yes yes yes yes<br />

7 pin ASAE oulet socket yes yes yes yes Yes Yes<br />

Tractor Lighting<br />

Two front halogen headlights yes yes yes yes yes yes<br />

Two front turn/warning lights yes yes yes yes yes yes<br />

Two front/two rear ro<strong>of</strong> mounted work lights yes yes yes yes yes yes<br />

Brake Lights yes yes yes yes yes yes<br />

Beacon light on cab yes yes yes yes yes yes<br />

Aux. loader lights compatable with loader yes yes yes yes yes yes<br />

Tractor Hydraulics<br />

Min. 20.0 GPM gear pump 25.5 gpm 23.1 gpm 22.5 gpm 25.5 gpm 22.5 gpm 29 gpm<br />

Min. 6.0 GPM steering pump 9.4 gpm 6.1 gpm 6.6 gpm 9.4 gpm 6.6 gpm ?<br />

Min. 15.0 GPM implement pump 16.1 gpm 17.0 gpm 15.9 gpm 16.1 gpm 15.9 gpm 15 gpm<br />

82


Tractor - Transmission<br />

Min 12 forward/12 reverse on the go shifting 16F/16R 12F/12R 12F/12R 16F/16R 16F/16R 16F/16R<br />

Wet clutch for heavy loads and volume shifting yes yes yes yes yes yes<br />

Electro-hydraulic clutchless directional reverser power shuttle hydraulic shuttle electrohydraulic revereser power shuttle Power Quad power shuttle<br />

Tractor- Steering and Brakes<br />

Hydrostatic power steering yes yes yes yes yes yes<br />

Tilt/Telescoping steering column yes yes yes yes yes yes<br />

Self-equalizing and self adjusting hydraulic wet disk brakes yes yes yes yes yes yes<br />

Tractor - Front Axles and Tires<br />

4 wheel drive front axle yes yes yes yes Yes Yes<br />

(2) 12.4-24 - 8ply (R1) tires 11.2 -24 12.4-24-8 ply, radials 11.2-24, R1 11.2 -24 12.4-24-8 ply, radials 12.4-24-8 ply, radials<br />

Tractor - Rear Axle and tires<br />

Flanged rear axle yes yes yes yes Yes Yes<br />

(2) 18.4-30 - 8 ply (R1) tires 16.9-30 18.4-30-8 ply, radials 16.9-30, R1 16.9-30 18.4-30-8 ply, radials 18.4-30-8 ply, radials<br />

Tractor - Power Take Off (PTO)<br />

Independent Live 540 drive yes yes yes yes Yes Yes<br />

Tractor - Rockshaft, hitch and Drawbar<br />

Rear Rockshaft yes yes yes yes yes yes<br />

Min. lift capacity 3200 lbs at 24" behind lift point 3962 lbs. 4630 lbs. 3213 lb. 3962 lbs. 4450 lbs 7817 lbs.<br />

Telescopic draft links yes yes yes yes yes yes<br />

Adjustable straight heavy duty drawbar yes yes yes yes yes yes<br />

Tractor - Selective Control Valves (SCV)<br />

Triple rear hydraulic control valves with ISO couplers and lever control yes yes yes yes Yes Yes<br />

Triple mid hydraulic control valves with iso multi couplers & joystick 2 plus, 1 retr<strong>of</strong>it yes 2 plus, 1 retr<strong>of</strong>it 2 plus, 1 retr<strong>of</strong>it Yes Yes<br />

Tractor - Operating Station (Cab)<br />

Deluxe cab with dB (A) rating <strong>of</strong> 80 or lower Under 80 dB Under 80 dB Under 80 dB Under 80 dB Under 80 dB 75 dB<br />

Flat floor/deck Straddle Deck ISO-mounted flat deck Full Flat Deck Straddle Deck Full Flat Deck Full Flat Deck<br />

Two doors yes yes yes yes yes yes<br />

Air Conditioning yes yes yes yes yes yes<br />

Air suspression seat yes yes yes yes yes yes<br />

Radio yes yes yes yes yes yes<br />

Horn yes yes yes yes yes yes<br />

Back up alarm yes yes yes yes yes yes<br />

Tractor - other<br />

Vandal protection package yes yes yes yes yes yes<br />

toolbox yes yes yes yes yes yes<br />

Tractor - Loader self Levelling<br />

73 in bucket 73 in. 73 in. 73 in. 73 in. 73 in 72"<br />

Self levelling L720 LA1353 563 MSL 820TL 673SL MF945<br />

Lift Height 124 in. 145.7 in. 131 in. 135 in. 145 in. 148"<br />

Lift Capacity 2100 lb 2977 lbs. 3117 lbs. 2500 lbs. 3791 lb 4409 lbs<br />

83


THE MUNICIPALITY OF LAMBTON SHORES<br />

CL Report No. 31-2011 Thursday, April 21, 2011<br />

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

FROM: Carol McKenzie, Clerk<br />

RE: Taxi Licenses in the Village <strong>of</strong> Grand Bend<br />

RECOMMENDATION:<br />

REPORT<br />

That the Grand Bend By-law 4050 <strong>of</strong> 1992, as amended,<br />

“Being a By-law to Provide for Licensing and Governing<br />

Taxicab Owners and Drivers <strong>of</strong> Motor Vehicles Used for<br />

Hire” and the application forms be amended as outlined in<br />

CL Report No. 21-2011.<br />

Taxi cabs provide an important service in the Village <strong>of</strong> Grand Bend, not only to the<br />

residents needing transportation throughout the year, but they also provide a safe<br />

method <strong>of</strong> transportation for patrons <strong>of</strong> the area restaurants and licensed<br />

establishments during the busy tourist season. As taxi cabs deal with a potentially<br />

vulnerable sector <strong>of</strong> society – the elderly, disabled, and at times, the inebriated,<br />

consumer protection is an important issue.<br />

Persons operating taxi cabs need to be trustworthy, and operate vehicles that are safe;<br />

therefore, in order to operate or drive a taxi cab originating within the Village <strong>of</strong> Grand<br />

Bend, a “Taxi License” from the municipality is required. (this is the only <strong>Lambton</strong><br />

<strong>Shores</strong>’ community that still requires a taxi license)<br />

This requirement was first initiated by the Village <strong>of</strong> Grand Bend under By-law 4050-92,<br />

(as amended) and was carried forward into <strong>Lambton</strong> <strong>Shores</strong>. <strong>The</strong> original by-law<br />

contained some requirements that were difficult to enforce, such as:<br />

� the taxi driver and cab to be neat and clean while on duty,<br />

� requiring the keeping <strong>of</strong> daily receipts <strong>of</strong> the kilometer readings,<br />

� retain list <strong>of</strong> the number <strong>of</strong> passengers carried,<br />

� pick up and drop <strong>of</strong>f locations” etc.<br />

Also regulated was the “tariff” <strong>of</strong> fees to be charged, and the by-law also required that<br />

the driver not “carry any passenger who is under the influences <strong>of</strong> alcohol while his<br />

taxicab is occupied by a person who is not under the influence <strong>of</strong> alcohol”.<br />

84


As these items were outside <strong>of</strong> the ability <strong>of</strong> the By-law Officers to enforce, the 1992<br />

Grand Bend By-law was amended in 2007 to remove many <strong>of</strong> the unenforceable items.<br />

<strong>The</strong> current by-law still requires more updating and a complete review is being planned<br />

and will be ready for review later in the year. <strong>The</strong>re are, however, some items that need<br />

to be addressed immediately to meet the goals <strong>of</strong> consumer protection and public<br />

safety, as the information required on the current application form is not sufficient to<br />

determine if the applicant is a safety threat to the community.<br />

After reviewing licensing by-laws from several other municipalities, both large and small,<br />

I am recommending that the following amendments be made to Section 4 <strong>of</strong> the by-law:<br />

4(2)(c) <strong>The</strong> minimum amount <strong>of</strong> insurance is increased from 1 million dollars to 2<br />

million dollars<br />

That the following is added to the driver’s application submission requirements:<br />

4(1)(c) A Police Records Check and Vulnerable Sector Screening dated no later<br />

than 30 days prior to the application<br />

4(1)(d) A Ministry <strong>of</strong> Transportation driver’s abstract dated no later than 30 days<br />

prior to the application<br />

4(1)(e) 2 colour passport sized photographs<br />

Information and details will also be requested on any convictions that the driver may<br />

have, and the severity <strong>of</strong> the convictions will be used to determine whether or not the<br />

license will be issues. In order to ensure public safety and consumer protection,<br />

convictions including, but not be limited to: sexual assault; assault; fraud; weapons<br />

possession; robbery; prostitution; impaired driving; and organized crime, would be<br />

reasons to deny an application. <strong>The</strong> denial criteria should also include a reference to a<br />

specific number <strong>of</strong> demerit points as a result <strong>of</strong> driving convictions.<br />

<strong>The</strong> fees charged are less than in neighbouring municipalities, however, an increase is<br />

not being recommended at this time, as there will be additional expenses to meet the<br />

application requirements.<br />

CHALLENGES<br />

One <strong>of</strong> the challenges for the By-Law Enforcement personnel is that the main use <strong>of</strong><br />

cabs is during the summer months, at which time, the by-law enforcement <strong>of</strong>ficers and<br />

the Ontario Provincial Police (OPP) are the busiest with other issues, and there isn’t the<br />

time to stop each cab coming into town to determine if the vehicle and driver are in<br />

compliance with the regulations.<br />

85


<strong>The</strong> Ontario Provincial Police Sergeant has advised that the <strong>of</strong>ficers in town will be<br />

available to compel vehicles to stop to determine if the unit and driver are licensed.<br />

In order to assist with this challenge, stickers will be issued for each vehicle licensed,<br />

which will be required to be displayed prominently. <strong>The</strong> driver will be provided a<br />

business card sized picture license that can be presented to the <strong>of</strong>ficers.<br />

Respectfully submitted,<br />

Carol McKenzie<br />

Clerk<br />

86


THE CORPORATION OF THE VILLAGE OF GRAND BEND<br />

By-law Number 4050 <strong>of</strong> 1992<br />

Being a By-law to provide for licensing, regulating and governing taxicab owners and<br />

drivers or motor vehicles used for hire and to repeal By-law Number 4046 <strong>of</strong> 1991<br />

WHEREAS the Municipal Council <strong>of</strong> the Corporation <strong>of</strong> the Village <strong>of</strong> Grand Bend is<br />

authorized to pass By-laws for licensing, regulating and governing owners and drivers <strong>of</strong><br />

cabs;<br />

AND WHEREAS pursuant to the Public Vehicles Act R.S.O. 1980, Chapter 425 Section<br />

1 to 36, the Corporation <strong>of</strong> the Village <strong>of</strong> Grand Bend may within the limitations therein<br />

set out, license, regulate and govern the taxi industry.<br />

BE IT THEREFORE ENACTED by the Municipal Council <strong>of</strong> the Corporation <strong>of</strong> the<br />

Village <strong>of</strong> Grand Bend, as a By-law there<strong>of</strong> as follows:<br />

1. DEFINITIONS<br />

IN THIS BY-LAW:<br />

a) “Village” shall mean the Corporation <strong>of</strong> the Village <strong>of</strong> Grand Bend.<br />

b) “Taxicab” shall mean a motor vehicle which is kept or used for hire for the<br />

conveyance <strong>of</strong> passengers.<br />

c) “Licence” shall mean a license granted by the Village Clerk under the provisions<br />

<strong>of</strong> this by-law to keep or use a taxicab.<br />

d) “Village Clerk” shall mean the Village Clerk <strong>of</strong> the Village <strong>of</strong> Grand Bend.<br />

e) “License” shall mean an individual who under the provisions <strong>of</strong> this by-law has<br />

been granted the right to operate a motor vehicle for the purpose <strong>of</strong> the<br />

conveyance <strong>of</strong> passengers.<br />

2. RESPONSIBILITES<br />

a) <strong>The</strong> Village Clerk on instructions from Council shall be responsible for the<br />

issuance, suspension and revocation <strong>of</strong> all licenses pertaining to the By-law and<br />

shall be in the Form as set out in Schedules “D” and “E” attached hereto.<br />

b) Accept applications for licenses required by the By-law in the form set out in<br />

Schedules “B” and “C” attached hereto.<br />

c) Provide a copy <strong>of</strong> this By=law and Tariff “A” referred to herein to each applicant<br />

for a license under the provisions <strong>of</strong> this By=law<br />

87


By-law 4050 <strong>of</strong> 1992 Page 2<br />

d) Maintain a record <strong>of</strong> all licenses issued including the name and address <strong>of</strong> each<br />

applicant and the number <strong>of</strong> taxicabs or limousines owned by each licensee.<br />

e) Deleted by By-law 49-2007<br />

f) Deleted by By-law 49 <strong>of</strong> 2007<br />

3. 1) Within the Village <strong>of</strong> Grand Bend no person shall;<br />

a) Deleted by By-law 4082-98<br />

b) Drive a taxi cab which has not been licensed under the provisions<br />

<strong>of</strong> this by-law (By-law 49 <strong>of</strong> 2007)<br />

2) A license issued under this By-law shall end on December 31 st <strong>of</strong> the<br />

current year.<br />

4. 1) Each applicant for a taxi license shall;<br />

a) Make a written application to the Clerk for such a license in the<br />

form as set out in Schedule “B” attached hereto, without exception,<br />

all applications require a 5 day review period prior to the issuance<br />

<strong>of</strong> the license (By-law 49-2007)<br />

b) Have a valid driver’s license issued under the provisions <strong>of</strong> the<br />

Ministry <strong>of</strong> Transportation and Communication.<br />

c) Deleted by By-law 49-2007<br />

d) Deleted by By-law 49-2007<br />

e) Deleted by By-law 49-2007<br />

2) Each applicant for a taxicab owner license shall:<br />

a) Have the motor vehicle which is to be licensed as a taxicab<br />

registered in his or her own name.<br />

b) Produce certificate <strong>of</strong> mechanical fitness <strong>of</strong> the motor vehicle at the<br />

time <strong>of</strong> application.<br />

c) Produce to the Village Clerk pro<strong>of</strong> <strong>of</strong> insurance for each motor<br />

vehicle used as a taxicab, indemnifying and protecting the owner<br />

and the public, including passengers, carried in such vehicles in the<br />

amount <strong>of</strong> $1,000,000.00 inclusive <strong>of</strong> public liability and property<br />

damage.<br />

88


By-law 4050 <strong>of</strong> 1992 Page 3<br />

3). Deleted by By-law 49-2007<br />

5. DUTIES OF A TAXICAB DRIVER<br />

Section 5 deleted in entirety by By-law 49-2007<br />

6. DUTIES OF A TAXICAB OWNER<br />

1) Each taxicab owner shall<br />

7. TARIFFS<br />

a) Be permitted a maximum <strong>of</strong> 6 vehicles under each license.<br />

b) Maintain insurance on each vehicle as required.<br />

c) Deleted by By-law 49-2007<br />

d) Deleted by By-law 49-2007<br />

Section 7 deleted in its entirety by By-law 49-2007<br />

8. RENEWAL, SUSPENSION AND REVOCATION<br />

1) Each license unless previously suspended or revoked shall be renewed<br />

upon payment <strong>of</strong> the appropriate fee. <strong>The</strong> Village Clerk may suspend a<br />

license for failure to comply with any <strong>of</strong> the provisions <strong>of</strong> this By-law, on<br />

instruction from Council.<br />

2) Any suspension shall remain in force until such a time as the licensee has<br />

satisfied the Village Clerk as to his or her compliance with this Bly-law.<br />

9. LICENSE FEE<br />

<strong>The</strong> annual fees to be paid to the Village Clerk for those licenses referred to in the Bylaw<br />

shall be as outlined on the attached Schedule “A”.<br />

10 SCOPE<br />

Deleted in its entirety by By-law 49-2007<br />

89


By-law 4050 <strong>of</strong> 1992 Page 4<br />

11. PENALTY<br />

Every person who contravenes any provision <strong>of</strong> this by-law is guilty <strong>of</strong> an <strong>of</strong>fence and<br />

on conviction is liable to a fine as provided under the Provincial Offences Act (49-2007)<br />

That 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, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16 TH DAY<br />

OF MARCH, 1992.<br />

90


By-law 4050 <strong>of</strong> 1992 Page 5<br />

SCHEDULE “A”<br />

This is Schedule “A” to the By-law to provide for licensing, regulating and governing taxi<br />

cab brokers and owners and drivers <strong>of</strong> motor vehicles used for hire, and for limiting the<br />

number <strong>of</strong> taxi owners licenses, to which it is attached and forms a part.<br />

TAXI LICENSE FEES:<br />

TARIFF:<br />

1. Taxi License $100.00<br />

(Initial Year <strong>of</strong> Licensing)<br />

Renewals $50.00<br />

For each additional automobile used<br />

as a taxi where more than one taxi<br />

is owned $50.00<br />

2. Taxi Driver’s License $20.00<br />

(Initial Year <strong>of</strong> Licensing)<br />

Renewals $20.00<br />

3. <strong>The</strong> above fees are non-transferable.<br />

Deleted by By-law 49-2007<br />

SCHEDULE “B”<br />

Schedule “B” is the Application Form for a Taxi License, a copy <strong>of</strong> which is attached.<br />

SCHEDULE “C”<br />

Schedule “C” is the Application Form for a Taxi Driver’s License, a copy <strong>of</strong> which is<br />

attached.<br />

SCHEDULE “D”<br />

Schedule “D” is the Taxi License, a copy <strong>of</strong> which is attached.<br />

SCHEDULE “E”<br />

Schedule “E” is the Taxi Driver’s License, a copy <strong>of</strong> which is attached.<br />

91


THE MUNICIPALITY OF LAMBTON SHORES<br />

CL Report No. 32-2011 Tuesday, April 26, 2011<br />

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

FROM: Carol McKenzie, Clerk<br />

RE: Annual Agreement with Xtreme Water Sports for the use <strong>of</strong> Municipal<br />

Property<br />

RECOMMENDATION:<br />

REPORT<br />

That CL Report No. 32-2011 regarding the annual<br />

agreement between the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong><br />

<strong>Lambton</strong> <strong>Shores</strong> and Xtreme Water Sports for the use <strong>of</strong> 30’<br />

<strong>of</strong> the North Pier in Grand Bend be accepted as presented<br />

and that trtrdt656745e7ut6qt435.kui7 drteBy-law34-2010<br />

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

approved.<br />

Prior to amalgamation, the Village <strong>of</strong> Grand Bend made arrangements with Xtreme<br />

Water Sports (or their predecessor) that would allow the company to use approximately<br />

30 feet <strong>of</strong> the municipal pier in Grand Bend as a meeting place for persons who rent the<br />

water sports equipment. <strong>Lambton</strong> <strong>Shores</strong> has carried on this lease/rental each year<br />

since that time, and over the years, has increased the rates and the insurance<br />

requirements.<br />

<strong>The</strong> company uses the river adjacent to the pier to park their pontoon boat, onto which<br />

the rental wave runners, etc are attached. Tickets for the equipment are sold from a<br />

commercial location on the Main Street, and after purchasing the ticket, the patrons<br />

proceed to the pier to either obtain the wave runner, or meet the transfer boat for the<br />

trampoline, or water skiing type activities.<br />

<strong>The</strong> Harbour Master monitors the operations <strong>of</strong> the company to ensure compliance with<br />

municipal regulations. In addition to the commercial operations, the staff also assists the<br />

OPP and the lifeguards with water rescues when requested.<br />

Each evening, all equipment is removed from the area and the boats and all equipment<br />

are taken to the docks the company rents further upstream.<br />

<strong>The</strong> agreement is renewed annually, to allow the <strong>Municipality</strong> an opportunity to review<br />

the operations. <strong>The</strong> <strong>Municipality</strong> has not received any complaint regarding the<br />

operations or the use <strong>of</strong> the property.<br />

92


<strong>The</strong> recommended fee is $ 51.20 per foot, and if the full 30 feet is used, the fee will be<br />

$1,536.00 plus all applicable taxes, which is an increase <strong>of</strong> 2.4% over the 2010 rate,<br />

which is the CPI increase used on the other licences. This fee reflects the fact that a<br />

commercial operation is using municipal property as an integral part <strong>of</strong> their operations.<br />

<strong>The</strong> municipal staff, by-law <strong>of</strong>ficer and Harbour Master have been contacted, and have<br />

stated that they have not received complaints regarding the operations, nor do they<br />

have objection to the continued use <strong>of</strong> the municipal property for this use.<br />

A copy <strong>of</strong> the draft agreement is attached for Council’s review and consideration.<br />

Respectfully submitted,<br />

Carol McKenzie<br />

Clerk<br />

93


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

BY-LAW 36 OF 2011<br />

Being a By-law to authorize an Agreement between<br />

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

1610241 Ontario Ltd. o/a Grand Bend Xtreme Water Sports<br />

WHEREAS: 1610241 Ontario Ltd. o/a Grand Bend Xtreme Water Sports has<br />

requested permission to use a portion <strong>of</strong> the municipal dock in<br />

Grand Bend;<br />

AND WHEREAS: An agreement has been drafted that outlined the terms and<br />

conditions under which the permission would be granted;<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 1610241 Ontario<br />

Ltd. o/a Grand Bend Xtreme Water Sports, a copy <strong>of</strong> which is attached to this<br />

by-law as “Schedule “A”, and to affix to the contract the Corporate Seal <strong>of</strong> the<br />

Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <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 2 nd day <strong>of</strong> May, 2011.<br />

READ A THIRD TIME AND FINALLY PASSED THIS 2 nd DAY OF MAY, 2011.<br />

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_________________________<br />

MAYOR – Bill Weber<br />

__________________________<br />

CLERK – Carol McKenzie


THIS LICENCE AGREEMENT is made the day <strong>of</strong> , 2011<br />

BETWEEN<br />

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

(Hereinafter referred to as the “Licensor”)<br />

OF THE FIRST PART<br />

- and –<br />

1610241 Ontario Ltd. c/o ‘XTREME WATER SPORTS<br />

.<br />

(Hereinafter referred to as the “Licensee”)<br />

OF THE SECOND PART<br />

WHEREAS the North Pier in Grand Bend is owned by the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />

<strong>Shores</strong>;<br />

AND WHEREAS the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> is empowered under Section 2 <strong>of</strong><br />

the Municipal Act, 2001 to manage public assets <strong>of</strong> the <strong>Municipality</strong> as it sees fit;<br />

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration <strong>of</strong> the<br />

sum <strong>of</strong> Five ($5.00) Dollars and other good and valuable consideration now paid by the<br />

Licensee to the Licensor, the receipt and sufficiency <strong>of</strong> which are acknowledged, the<br />

parties agree as follows:<br />

Area Affected by Licence<br />

1. This licence applies to the land totalling 30 lineal feet, shown on Schedule “A”, to<br />

Term<br />

be used as an area for customers to access the rental equipment;<br />

2. This Agreement commences on May 2, 2011 and expires on September 30,<br />

2011.<br />

Termination with Notice<br />

3. It is understood and agreed to by the Licensee that if any or all <strong>of</strong> the lands are<br />

required for Municipal purposes, the license will be terminated, with the<br />

<strong>Municipality</strong> providing a minimum <strong>of</strong> 30 days notice. <strong>The</strong> agreement may also be<br />

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cancelled by the Licensor immediately if the Licensee does not comply with the<br />

Licence Fee<br />

regulations established in this agreement, or for cause.<br />

4. Prior to the commencement <strong>of</strong> operations, the Licensee shall pay to the Licensor<br />

Title<br />

the following fees:<br />

a. Administrative fee <strong>of</strong> $ 30.00<br />

b. Sign permit fee <strong>of</strong> $ 25.00 per sign, if signage is erected<br />

c. license fee <strong>of</strong> $ 51.20 per lineal foot, plus H.S.T.<br />

d. $ 5.00 “consideration – see preamble<br />

5. <strong>The</strong> Licensor represents to the Licensee that it has the authority to licence the<br />

use <strong>of</strong> the land described above. In the event <strong>of</strong> a dispute regarding the<br />

Licensor’s authority to licence use <strong>of</strong> the land, the Licensor will respond to such<br />

proceedings as it considers appropriate and shall notify the Licensee <strong>of</strong> any<br />

determination which is adverse to continuation <strong>of</strong> the Agreement. <strong>The</strong> Licensee<br />

is responsible for payment for the use <strong>of</strong> the land for all periods during which it<br />

has been licensed to use same notwithstanding any subsequent determination<br />

regarding the Licensor’s title. In the event <strong>of</strong> a legal determination or<br />

interpretation that requires the use <strong>of</strong> the licensed land to cease, the parties<br />

specifically agree that the Licensee’s payment <strong>of</strong> a licence fee for the year in<br />

question will be prorated. <strong>The</strong> Licensor shall have no further obligation or liability<br />

to the Licensee with respect to termination.<br />

Use <strong>of</strong> Licensed Area for Docking Purposes Only<br />

6. <strong>The</strong> Licensor does not warrant that any particular use <strong>of</strong> the licensed land is<br />

authorized at law or that the licensed land is suitable for the intended purpose.<br />

<strong>The</strong> Licensee shall determine at its own risk and expense the suitability <strong>of</strong> the<br />

land for the intended purpose. Permits, approvals and improvements (including<br />

dredging) are the Licensee’s responsibility and at the Licensee’s expense. A<br />

determination by any court or tribunal that the Licensee is not permitted to use<br />

the land for a purpose that the Licensee wishes to make <strong>of</strong> the land does not<br />

terminate this Agreement. It is the responsibility <strong>of</strong> the Licensee to provide notice<br />

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Risk<br />

if it wishes to terminate the Agreement owing to controls respecting use <strong>of</strong> the<br />

property whether at a Federal, Provincial or local level or for any other reason.<br />

b) the Licensee agrees to maintain the area in a clean and tidy manner at his<br />

own expense;<br />

c) the Licensee acknowledges and agrees that no commercial sales or<br />

activities will take place on the Municipal property.<br />

7. <strong>The</strong> Licensee agrees to assume all risk associated with use <strong>of</strong> the licensed land<br />

Indemnity<br />

and will:<br />

a) carry liability insurance in an amount not less than 2 million dollars which<br />

includes the Licensor as a named insured, and will provide a copy <strong>of</strong> the<br />

policy to the Licensor at the time <strong>of</strong> the signing <strong>of</strong> the agreement. <strong>The</strong><br />

Licensee shall not be permitted to commence operations until the<br />

insurance is provided.<br />

b) If the policy expires during the term <strong>of</strong> this agreement, the Licensee shall<br />

provide replacement insurance PRIOR to the expiration. Failure to provide<br />

the required replacement insurance will be considered “cause” to cancel<br />

the agreement, and no part <strong>of</strong> the fee shall be returned;<br />

c) provide in such policy <strong>of</strong> insurance that the insurance is not to be<br />

terminated without a minimum <strong>of</strong> thirty (30) days notice to the Licensor;<br />

d) provide the insurance at no expense to the Licensor, and in a form that is<br />

satisfactory to the Licensor’s solicitor and insurance advisor.<br />

8. <strong>The</strong> Licensee agrees to indemnify and save the Licensor harmless from any<br />

claims, prosecutions, actions, proceedings and judgments <strong>of</strong> any type relating to<br />

the use <strong>of</strong> the licensed area by the Licensee. <strong>The</strong> Licensee shall respond to any<br />

such matter by engaging legal counsel to represent the Licensor’s interest and<br />

will promptly satisfy any settlement amount, fine, bill <strong>of</strong> costs or judgment<br />

imposed with respect to same.<br />

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Harbour Master<br />

9. <strong>The</strong> Harbour Master may, at his discretion, suspend operations temporarily due<br />

Notice<br />

to weather or water conditions, or any unsafe operation <strong>of</strong> equipment is observed<br />

in conjunction with the operations.<br />

10. If notice is required to be given with respect to this agreement, notice will be sent<br />

to:<br />

<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />

7883 Amtelecom Parkway<br />

Forest, Ontario NON IJO Attn. Clerk<br />

to: 1610241 Ontario Limited<br />

o/a Xtreme Watersports<br />

7155 Black Bush Line<br />

Dashwood, Ontario N0M 1N0<br />

IN WITNESS WHEREOF the Parties hereto have hereunto caused to be affixed their<br />

respective seals, attested by the hands <strong>of</strong> their proper <strong>of</strong>ficers duly authorized in that<br />

behalf.<br />

SIGNED, SEALED AND DELIVERED<br />

in the presence <strong>of</strong><br />

THE CORPORATION OF THE<br />

MUNICIPALITY<br />

OF LAMBTON SHORES<br />

______________________________<br />

Bill Weber, Mayor<br />

______________________________<br />

Carol McKenzie, Clerk<br />

1610241 Ontario Limited<br />

___________________________________<br />

I/we have the authority to bind the company<br />

__________________________________<br />

I/we have the authority to bind the company<br />

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

BY-LAW NUMBER 37-2011<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 May 2, 2011<br />

WHEREAS: 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: 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: <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 May 2, 2011 be<br />

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 May 2,<br />

2011<br />

100<br />

_________________________<br />

MAYOR – Bill Weber<br />

_________________________<br />

CLERK – Carol McKenzie


Councillor Reports<br />

Councillor Russell has made arrangements for a tour <strong>of</strong> the Bluewater Recycling facility. Available dates<br />

are May 17, 18 or 24 at 11:00 a.m.. (Lunch will be provided). If there is sufficient interest,<br />

Councillor Russell can arrange for a tour <strong>of</strong> the Lake Huron Water Plant in the afternoon<br />

Carol McKenzie<br />

Clerk<br />

<strong>Lambton</strong> <strong>Shores</strong> Forest Office<br />

7883 Amtelecom Parkway, Forest ON N0N 1J0<br />

Phone 519-786-2335<br />

Fax 519-786-2135<br />

cpmckenzie@lambtonshores.ca<br />

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