View - The Municipality of Lambton Shores
View - The Municipality of Lambton Shores
View - The Municipality of Lambton Shores
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THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
Regular Meeting <strong>of</strong> Council<br />
Meeting Number: 04-2013<br />
Date <strong>of</strong> Meeting: Monday, January 28, 2013<br />
Time:<br />
Place <strong>of</strong> Meeting:<br />
07:00 p.m.<br />
Village Complex, <strong>The</strong>dford<br />
AGENDA<br />
Pages<br />
1. Call to Order<br />
2. Declaration <strong>of</strong> Pecuniary or Conflict <strong>of</strong> Interest<br />
3. Confidential Business<br />
3.1 Closed Session Minutes - January 14, 2013<br />
4. Consent Agenda<br />
4.1 CL Report No. 10-2013 - Re: Letter to Bev Shipley - Re: Bell<br />
Communiciation Tower Installation - Port Franks<br />
1 - 2<br />
5. Confirmation <strong>of</strong> Minutes from Previous Meetings<br />
5.1 Regular Council Meeting - January 14, 2013 3 - 23<br />
6. Delegations, Public Meetings & Presentations<br />
6.1 7:00 p.m. Stephanie Hyde - <strong>The</strong> Work Place Group - Re:<br />
Overview and Projects<br />
24 - 24<br />
6.2 7:10 p.m. - Kathi Lomas-Magee & Ian Foss - YMCA - Re: <strong>The</strong><br />
<strong>Shores</strong> Wellness Centre Operational Update (See TR Report No.<br />
13-2013)<br />
6.3 7:30 p.m. Ralph Romagnoli - Re: Issues Regarding the Placement<br />
<strong>of</strong> Snow Stakes in Port Franks (See D.C.S. Report No. 14-2013)<br />
6.4 7:40 p.m. - Sharon Weitzel - Grand Bend Community Association<br />
- Re: By-law Concerns<br />
25 - 55<br />
7. Correspondence & Petitions<br />
7.1 John Howard - Re: Vance Drive Road Conditions 56 - 58<br />
8. Consideration <strong>of</strong> Committee Minutes and Staff Reports<br />
Planning
8.1 PL Report No. 05-2013 - Re: Official Plan Amendmetn Application<br />
OP-04/2012 and Zoning By-law Amendment Application ZO-<br />
08/2012 for Martin Leenders - 6472 Cedar Point Line<br />
8.2 PL Report No. 06-2013 - Re: Suncor Energy Cedar Point Wind<br />
Power Project Draft Municipal Consultation Form<br />
8.3 PL Report No. 07-2013 - Re: Grant <strong>of</strong> Vehicular Access<br />
Easement over the King Street Parking Lot in Favour <strong>of</strong> Lands<br />
Owned by Tak-Shan (Eddie) Ho known as 75 Main Street West,<br />
Grand Bend<br />
59 - 86<br />
87 - 96<br />
97 - 98<br />
Community Services<br />
8.4 D.C.S. Report No. 08-2013 - Re: Heart & Stroke's Big Bike Event<br />
- Grand Bend<br />
8.5 D.C.S. Report No. 09-2013 - Re: Outdoor Sports Field Allocation<br />
Policy<br />
99 - 101<br />
102 - 115<br />
8.6 D.C.S. Report No. 10-2013 - Re: Fee Waiver Request 116 - 119<br />
8.7 D.C.S. Report No. 11-2013 - Re: Kaeden Brown Foundation<br />
Contribution Agreement<br />
8.8 D.C.S. Report No. 12-2013 - Re: Grand Bend Optimist Club Youth<br />
Centre Rental Agreement<br />
8.9 D.C.S. Report No. 13-2013 - Re: Legacy Centre LEED Gold<br />
Certfication<br />
8.10 D.C.S. Report No. 14-2013 - Re: Issues Regarding Property<br />
Owners and the Placement <strong>of</strong> Snow Stakes in Port Franks<br />
8.11 D.C.S. Report No. 15-2013 - Re: Municipal Drains - <strong>The</strong>dford<br />
Marsh Drainage Request<br />
8.12 D.C.S. Report No. 16-2013 - Re:" DWQMS Update Quarter 4<br />
2012 and Annual Endorsement<br />
120 - 132<br />
133 - 141<br />
142 - 143<br />
144 - 145<br />
146 - 148<br />
149 - 162<br />
Finance & Administration<br />
8.13 TR Report No. 10-2013 - Education Tax Rates 2013 163 - 164<br />
8.14 TR Report No. 13-2013 - Re: <strong>The</strong> <strong>Shores</strong> Wellness Centre<br />
Operational Update<br />
165 - 181<br />
8.15 TR Report No. 14-2013 - Re: Communication Survey 182 - 219<br />
8.16 CL Report No. 05-2013 - Re: Extending the Term <strong>of</strong> the Interim<br />
Chief Administrative Officer<br />
8.17 CL Report No. 06-2013 - Re: 2013 Dream Lottery Program -<br />
10159 Pinery Bluff Road, <strong>Lambton</strong> <strong>Shores</strong><br />
220 - 221<br />
222 - 223<br />
8.18 CL Report No. 07-2013 - Re: 2013 Grand Bend Winter Carnival 224 - 230
8.19 CL Report No. 08-2013 - Re: Delegation Request - 2013 OGRA-<br />
ROMA Conference<br />
231 - 233<br />
8.20 CL Report No. 09-2013 - Re: Integrity Commissioner 234 - 253<br />
9. By-laws & Resolutions<br />
9.1 By-law 10-2013 - Re: Appoint an Interim Chief Administrative<br />
Officer & Deputy Clerk (See CL Report No. 05-2013)<br />
9.2 By-law 11-2013 - Re: Authorizing Agreement with the Kaeden<br />
Brown Foundation (See D.C.S. Report No. 11-2013)<br />
9.3 By-law 12-2013 - Re: Authorizing Agreement with Grand Bend<br />
District Optimist Club for Use <strong>of</strong> Youth Centre (See D.C.S. Report<br />
No. 12-2013)<br />
9.4 By-law 13-2013 - Re: Official Plan Amendment for Leenders (See<br />
PL Report No. 05-2013)<br />
9.5 By-law 14-2013 - Re: Zone Amendment for Leenders (See PL<br />
Report No. 05-2013)<br />
9.6 By-law 15-2013 - Re: Confirming Resolutions to Date 254 - 254<br />
10. Accounts<br />
10.1 TR Report No. 11-2013 - Re: December, 2012 Cheque Listing 255 - 259<br />
11. Notice <strong>of</strong> Motion<br />
11.1 Notice <strong>of</strong> Motion from Deputy Mayor Davis-Dagg - Re: Full<br />
Accounting <strong>of</strong> the Expenditures for Engineering Services the<br />
Master Plan, EA's & Grand Bend Sewage Treatment Facility<br />
11.2 Notice <strong>of</strong> Motion from Deputy Mayor Davis-Dagg - Re: Council<br />
Approval & Endorsement <strong>of</strong> 2012 Year in Review<br />
260 - 260<br />
261 - 262<br />
12. New Business<br />
An opportunity for an emergent issue to be discussed by Council.<br />
13. Councillor Reports<br />
An opportunity for Members <strong>of</strong> Council to make a report.<br />
14. Opportunity for the Public to Seek Clarification<br />
Please Note: As per Byplaw 37-2012, Section 15, Subsection 13 -<br />
Questions must pertain to items on the agenda, and be for the<br />
purpose <strong>of</strong> clarification only, and not for the purpose <strong>of</strong> making<br />
statements.
15. Adjourn
THE MUNICIPALITY OF LAMBTON SHORES<br />
CL Report No. 10-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Carol McKenzie, Clerk<br />
Letter to Bev Shipley – Re: Bell Communication Tower<br />
Installation – Port Franks<br />
RECOMMENDATION:<br />
For information only.<br />
REPORT<br />
At the January 14, 2013 meeting, the following resolution was passed:<br />
13-0114-39 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Russell<br />
That Council instructs staff to send a letter to MP Bev Shipley<br />
immediately asking him to secure a cease-and-desist order for the<br />
proposed Port Franks cell tower which is contrary to Council’s<br />
non-concurrence resolution. Carried<br />
Attached for Council’s information is a copy <strong>of</strong> the correspondence sent (noted<br />
attachments not included with this report)<br />
Respectfully submitted,<br />
Carol McKenzie,<br />
Clerk<br />
1
January 21, 2013<br />
MP Bev Shipley<br />
<strong>Lambton</strong>-Kent Middlesex Riding<br />
380 Albert Street, Box 141<br />
Strathroy, Ontario N7G 3J1<br />
RE: Cellular Communications Tower – Port Franks<br />
Dear Sir:<br />
As you are aware, Bell Canada intends to construct a communication tower in the<br />
community <strong>of</strong> Port Franks.<br />
<strong>The</strong>re is a segment <strong>of</strong> the community that feels very strongly that this is the wrong<br />
location for a communications tower, and Council has supported this concern in a<br />
number <strong>of</strong> ways:<br />
<strong>The</strong> <strong>Municipality</strong> researched and approved a “Protocol” for the installation <strong>of</strong> Cell towers<br />
within the <strong>Municipality</strong> (copy attached) and one <strong>of</strong> the main criteria was that the towers<br />
not be constructed in residential areas - This proposed tower is located centrally to the<br />
main population <strong>of</strong> Port Franks.<br />
This <strong>Municipality</strong> also sent letters to every municipality in Ontario and every MP in<br />
Canada, asking for support for changes to the Federal guidelines pertaining to<br />
telecommunication towers to address health issues pertaining to Electromagnetic<br />
Radiation, as Council feels that those current protocols are outdated and no longer valid<br />
Residents continue to feel strongly about this intrusion into their community, and have<br />
asked Council to once again work on their behalf to have Bell Canada abandon this<br />
location, similar to the recent decision in Barry, Ontario, (attached). At the most recent<br />
meeting, Council passed the following resolution:<br />
13-1014-39 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Russell<br />
That Council instructs staff to send a letter to MP Bev Shipley<br />
immediately asking him to secure a cease-and-desist order for the<br />
proposed Port Franks cell tower which is contrary to Council’s<br />
non-concurrence resolution. Carried<br />
Your assistance in this matter will be greatly appreciated.<br />
Yours truly<br />
Carol McKenzie, Clerk<br />
2
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
Date <strong>of</strong> Meeting: January 14, 2012<br />
Regular Council Meeting<br />
Members Present: Mayor Bill Weber<br />
Deputy Mayor Elizabeth Davis-Dagg<br />
Councillor Dave Maguire<br />
Councillor Doug Bonesteel<br />
Councillor Lorie Scott<br />
Councillor Ken McRae<br />
Councillor Martin Underwood<br />
Councillor Doug Cook<br />
Councillor John Russell<br />
Staff Present:<br />
Acting C.A.O. / Treasurer Janet Ferguson<br />
Director <strong>of</strong> Community Services Brent Kittmer<br />
Planner Pattie Richardson<br />
Administrative Assistant Roberta Brandon<br />
1. CALL TO ORDER<br />
Mayor Weber called the meeting to order at 6:30 p.m.<br />
2. DECLARATION OF PECUNIARY OR CONFLICT OF INTEREST<br />
<strong>The</strong> Mayor asked members <strong>of</strong> Council to declare any pecuniary or conflict <strong>of</strong> interest<br />
that they may have with the business itemized on the agenda and Deputy Mayor Davis-<br />
Dagg declared a conflict with item # 8.4 being a planning report on the Suncor and<br />
Nextera Wind Energy projects as her husband is involved in a wind turbine project.<br />
Prior to proceeding with the agenda the Mayor made the following statement:<br />
“Concern has been raised regarding issues <strong>of</strong> safety and disrespect for the proceedings<br />
<strong>of</strong> this chamber. It is unfortunate that we have people that do not feel safe at these<br />
meeting or after the meetings have concluded. <strong>The</strong> safety <strong>of</strong> everyone that attends<br />
these meeting is <strong>of</strong> great importance to me.<br />
I do not want to have any one removed from the meetings and I do not want to<br />
request security. I truly hope we do not need to go to that next step. Section 15.8 <strong>of</strong> our<br />
procedure bylaw specifies what authority I have as Mayor.<br />
I will ask that in order for Council to continue to deal with the complex issues <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong> that the public in attendance at our meetings respect the process and<br />
the rights <strong>of</strong> others at the meeting, to respectfully express their opinions and would ask<br />
that you refrain from outbursts and disturbances.<br />
I have explained that proper procedures be followed regarding questions and comments<br />
3
Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
at the end <strong>of</strong> the meeting and would ask that only questions relating to clarification <strong>of</strong><br />
decisions made at the meeting are asked and that any issues outside <strong>of</strong> those on the<br />
agenda are raised using the proper procedures.”<br />
3. CONFIDENTIAL<br />
13-0114-01 Moved by: Councillor Scott<br />
Seconded by: Deputy Mayor Davis-Dagg<br />
That the Council meeting goes into a “Closed Session” at 6:30<br />
p.m. to discuss Closed Session minutes and a property matter<br />
under Section 239 (2) c <strong>of</strong> the Municipal Act. Carried<br />
Council rose from the “Closed Session” at 6:39 p.m. and there was nothing to report.<br />
4. CONSENT AGENDA<br />
4.1 Correspondence from the Honourable Michael Chan, Minister <strong>of</strong><br />
Citizenship and Immigration – Re: Nominations for the Ontario Medal for<br />
Young Volunteers<br />
4.2 Correspondence from Roger Howard, Rice Development Corporation – Re:<br />
Appreciation for Planner<br />
4.3 2012 Highlights <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Nature Trails Committee<br />
Accomplishments<br />
4.4 Highlights <strong>of</strong> the December 13, 2012 St. Clair Region Conservation<br />
Authority Meeting<br />
4.5 CL Report No. 04-2013 – Re: Applications to be heard by the Committee <strong>of</strong><br />
Adjustment on January 24, 2013<br />
Council reviewed those items listed as part <strong>of</strong> the Consent agenda and it was noted that<br />
possible youth volunteer nominations could be brought forward through the Community<br />
Services Department.<br />
13-0114-02 Moved by: Councillor Cook<br />
Seconded by: Councillor Maguire<br />
That the following items on the Consent Agenda be received and<br />
filed:<br />
- 4.1 Correspondence from the Honourable Michael Chan,<br />
Minister <strong>of</strong> Citizenship and Immigration – Re: Nominations for<br />
the Ontario Medal for Young Volunteers;<br />
- 4.2 Correspondence from Roger Howard, Rice Development<br />
Corporation – Re: Appreciation for Planner;<br />
4
Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
- 4.3 2012 Highlights <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Nature Trails<br />
Committee Accomplishments;<br />
- 4.4 Highlights <strong>of</strong> the December 13, 2012 St. Clair Region<br />
Conservation Authority Meeting; and<br />
- 4.5 CL Report No. 04-2013 – Re: Applications to be heard by<br />
the Committee <strong>of</strong> Adjustment on January 24, 2013.<br />
Carried<br />
5. CONFIRMATION OF MINUTES FROM PREVIOUS MEETINGS<br />
5.1 Regular Council Meeting – December 11, 2012<br />
5.2 Special Council Meeting – December 14, 2012<br />
5.3 Regular Council Meeting – December 17, 2012<br />
<strong>The</strong> minutes <strong>of</strong> the regular Council meetings held the 11th and 17th day <strong>of</strong> December,<br />
2012 and the Special Council meeting held the 14th day <strong>of</strong> December, 2012 were<br />
reviewed and the Deputy Mayor asked that the minutes be amended to reflect that the<br />
Mayor indicated he had spoken with candidates for the position <strong>of</strong> Ward 4 Councillor in<br />
advance <strong>of</strong> the meeting and that there is no approved process that prevents Council<br />
members from speaking to candidates.<br />
13-0114-03 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Bonesteel<br />
That the minutes <strong>of</strong> the regular Council meeting held December<br />
11th and 17th, 2012 and the minutes <strong>of</strong> the special Council meeting<br />
held December 14th, 2012 be accepted as amended. Carried<br />
6. DELEGATIONS, PUBLIC MEETINGS & PRESENTATIONS<br />
6.1 Public Meeting on Proposed Water and Wastewater Rates By-law<br />
13-0113-04 Moved by: Councillor Scott<br />
Seconded by: Councillor Underwood<br />
That the Public Meeting on the Proposed Water and Wastewater<br />
Rates By-law and open at 7:09 p.m.<br />
Carried<br />
<strong>The</strong> Treasurer Janet Ferguson advised that the required public meeting was being held<br />
to discuss the proposed water and wastewater rates for 2013 and 2014 as<br />
recommended by Council at the December 14, 2012 meeting.<br />
Mayor Weber asked for questions or comments from the audience and Council.<br />
Gerry Rupke asked if some <strong>of</strong> the capital costs associated with the proposed Grand<br />
Bend and Area Sewage Treatment Facility were reflected in these rates and it was<br />
confirmed that yes they were..<br />
5
Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
Discussion occurred on including capital costs for the Grand Bend and Area Sewage<br />
Treatment Facility into the proposed rates as no definitive answer has been received<br />
from the Ministry <strong>of</strong> Environment as to the status <strong>of</strong> this project and the importance <strong>of</strong><br />
increasing the water and wastewater reserves to meeting future capital expenses.<br />
13-0114-05 Moved by: Councillor Russell<br />
Seconded by: Councillor Scott<br />
That the public meeting to review the proposed Water and<br />
Wastewater Rates By-law adjourns and the regular Council<br />
meeting reconvenes at 7:24 p.m.<br />
Carried<br />
Further debate was held as to whether or not those sewer rates proposed in TR Report<br />
No. 05-2013 should be tabled until such time as the costs associated with the Grand<br />
Bend and Area Sewage Treatment Facility have been calculated and a recorded vote<br />
was requested on the following motion.<br />
13-0114-06 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Russell<br />
That the sewer rate increase as proposed in TR Report No. 05-<br />
2013 be tabled until such time as more accurate costs are known.<br />
Motion Defeated<br />
Those in support <strong>of</strong> the motion:<br />
Deputy Mayor Davis-Dagg<br />
Councillor Bonesteel<br />
Councillor Scott<br />
Councillor Russell<br />
Those opposed to the motion:<br />
Mayor Weber<br />
Councillor Maguire<br />
Councillor McRae<br />
Councillor Underwood<br />
Councillor Cook<br />
13-0114-06 Moved by: Councillor Maguire<br />
Seconded by: Councillor Cook<br />
That the 2013 and 2014 water and wastewater rates be adopted as<br />
outlined in Treasurer’s Report No. 05-2013 and that By-law 06-<br />
2013 be passed. Carried<br />
6
Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
6.2 Public Meeting for a Zone Amendment Application ZO-10/2012 being a<br />
General Amendment for Location and Size <strong>of</strong> Accessory Buildings within<br />
the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
13-0114-07 Moved by: Councillor Scott<br />
Seconded by: Councillor Cook<br />
That the Council meeting adjourns at 7:25 p.m. p.m. for a Public<br />
Meeting held under the Planning Act to hear an application for a<br />
Zone Amendment being a general amendment for location and size<br />
<strong>of</strong> accessory buildings within the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>.<br />
Carried<br />
<strong>The</strong> Planner Ms. Richardson advised that the Committee <strong>of</strong> Adjustment has considered<br />
a large number <strong>of</strong> minor variance applications over the past five years relating to the<br />
size and height <strong>of</strong> detached accessory buildings and the location within the front yard<br />
and that this Zone Amendment Application was warranted to remedy this matter.<br />
Ms. Richardson noted that the recommendations <strong>of</strong> the Committee <strong>of</strong> Adjustment to<br />
amend the zoning by-law represent a reasonable approach to the trend in the area for<br />
larger accessory structures. In addition, locating <strong>of</strong> accessory buildings in front yards<br />
on property which abut a watercourse or Lake Huron results in buildings being located<br />
outside <strong>of</strong> hazardous areas associated with the Lake Huron shoreline and floodplains<br />
and seems more practical in these situations where access around the dwelling is<br />
usually restricted by the dwelling location, lot width, natural vegetation and topography.<br />
Mayor Weber asked for questions or comments from the audience and Council and<br />
Mrs. Jean Dorey noted her pleasure with the recommendation to allow accessory<br />
buildings within the front yard along a watercourse.<br />
13-0114-08 Moved by: Councillor Bonesteel<br />
Seconded by: Councillor Scott<br />
That the public meeting adjourns and the regular Council meeting<br />
reconvenes at 7:31 p.m.<br />
Carried<br />
13-0114-09 Moved by: Councillor Cook<br />
Seconded by: Deputy Mayor Davis-Dagg<br />
That Zoning By-law Amendment Application ZO-10/2012 initiated<br />
by the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> to amend:<br />
a) Section 3.3.4 <strong>of</strong> Zoning By-law 1 <strong>of</strong> 2003 to change the<br />
maximum lot coverage allowed for all detached accessory<br />
buildings or structures on a lot in any residential zone to<br />
93m2 or 10% <strong>of</strong> the area <strong>of</strong> the lot, whichever is less subject<br />
to the following restrictions:<br />
7
Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
i) For buildings and structures <strong>of</strong> 67 m2 <strong>of</strong> lot coverage<br />
or less a maximum height <strong>of</strong> 5.5 metres shall be<br />
permitted; and<br />
ii)<br />
For buildings and structures with lot coverage<br />
between 68m2 to 93m2 a maximum height <strong>of</strong> 6.1<br />
metres shall be permitted.<br />
b) Section 3.3 <strong>of</strong> Zoning By-law 1 <strong>of</strong> 2003 to permit all<br />
accessory building and structures to be located in the front<br />
yard where a lot abuts a watercourse, provided it is not<br />
located any closer to the front lot line, side lot line or exterior<br />
side lot line than is permitted for a dwelling in the residential<br />
zone in which it is located<br />
be approved and the implementing by-law be enacted.<br />
Carried<br />
6.3 Public Meeting for a Zone Amendment Application ZO-1/12012 for Bruce<br />
Hiscott – 9983 Northville Crescent<br />
13-0114-10 Moved by: Councillor Bonesteel<br />
Seconded by: Councillor Underwood<br />
That the Council meeting adjourns at 7:32 p.m. for a Public Meeting<br />
held under the Planning Act to hear an application for a Zone<br />
Amendment submitted by Bruce Hiscott for property located at<br />
9983 Northville Crescent. Carried<br />
<strong>The</strong> Planner Ms. Richardson advised that the applicant, Bruce Hiscott was requesting<br />
an amendment to the Commercial 4 (C4) zoning on lands known as 9983 Northville<br />
Crescent to add as a permitted use on the lands a “Travel Trailer Sales Establishment”.<br />
Ms. Richardson recommended to Council that this application be tabled as insufficient<br />
information respecting development <strong>of</strong> the lands has been submitted to ensure proper<br />
site development in compliance with the zoning by-law, municipal site planning<br />
requirements and the requirements <strong>of</strong> the Ministry <strong>of</strong> Transportation.<br />
Mayor Weber asked for questions or comments from the audience and Council and Jeff<br />
Wilcocks noted that as a resident <strong>of</strong> the area he had no issues with the application and<br />
Marvin Childs noted his concerns with the need for a buffer between his and the<br />
applicant’s properties.<br />
13-0114-11 Moved by: Councillor Maguire<br />
Seconded by: Deputy Mayor Davis-Dagg<br />
That the public meeting adjourns and the regular Council meeting<br />
reconvenes at 7:39 p.m.<br />
Carried<br />
8
Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
A recorded vote was requested on the following motion:<br />
13-0114-12 Moved by: Councillor Bonesteel<br />
Seconded by: Councillor Scott<br />
That Zoning By-law Amendment Application ZO-11/2012, submitted<br />
by Bruce Hiscott, requesting amendments to the <strong>Lambton</strong> <strong>Shores</strong><br />
Zoning By-law 1 <strong>of</strong> 2003, as it relates to lands known as 9983<br />
Northville Road be tabled until the February 11, 2013 Council<br />
Meeting to allow the applicant to meet with Municipal staff and the<br />
MTO to discuss in more detail the site setbacks and upgrades<br />
required to allow a trailer sales establishment to be located on the<br />
lands in order to ensure that the zoning provisions approved by<br />
Council provide for the proper development <strong>of</strong> the lands<br />
incompliance with proper site planning and the Ministry <strong>of</strong><br />
Transportation requirements; and<br />
That the public hearing scheduled for January 14 proceed so that<br />
anyone in attendance can convey to Council their support or<br />
concerns respecting the application.<br />
Carried<br />
Those in favour <strong>of</strong> the motion: All Members <strong>of</strong> Council.<br />
6.4 Public Meeting for a Zone Amendment Application ZO-12/2012 for Michael<br />
and Jenna Beernink – 9 Water Street, Arkona<br />
13-0114-13 Moved by: Councillor Scott<br />
Seconded by: Deputy Mayor Davis-Dagg<br />
That the Council meeting adjourns at 7:42 p.m. for a Public Meeting<br />
held under the Planning act to hear an application for a Zone<br />
Amendment submitted by Michael and Jenna Beernink for property<br />
located at 9 Water Street in Arkona.<br />
Carried<br />
<strong>The</strong> Planner Ms. Richardson advised that the applicants Michael and Jenna Beernink<br />
are requesting an amendment to Zoning by-law 1 <strong>of</strong> 2003 as it affects the south half <strong>of</strong><br />
lands known as 9 Water Street in Arkona from Residential 3 (R3) to Residential (R1) to<br />
accommodate the construction <strong>of</strong> a new dwelling that would be situated on both lots that<br />
had been previously been deemed not to be lots in a registered plan.<br />
13-0114-14 Moved by: Councillor Russell<br />
Seconded by: Councillor Scott<br />
That the public meeting adjourns and the regular Council meeting<br />
reconvenes at 7:44 p.m.<br />
Carried<br />
13-0114-15 Moved by: Councillor Scott<br />
Seconded by: Councillor Cook<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
That Zoning By-law Amendment Application ZO-12/2012 submitted<br />
by Michael and Jenna Beernink, requesting an amendment to the<br />
<strong>Lambton</strong> <strong>Shores</strong> Zoning By-law 1 <strong>of</strong> 2003, as it relates to the part <strong>of</strong><br />
lands known as 9 Water Street described as lot 29, Registered Plan<br />
5 to amend the Zoning from Residential 3 (R3) to Residential 1 (R1)<br />
so that one signed detached dwelling can to constructed on the<br />
entire property be approved and the implementing by-law be<br />
enacted.<br />
Carried<br />
<strong>The</strong> order <strong>of</strong> the agenda was amended to accommodate the scheduled delegations.<br />
7. CORRESPONDENCE & PETITIONS<br />
Correspondence – Receive and File<br />
7.1 Laura M. McKeen, Lawyer with CohenHighley – Re: Kevin & Wayne<br />
Misselbrook – 11 and 13 Woodward Ave., Grand Bend (<strong>The</strong> Brookside<br />
Cottages)<br />
Correspondence from Laura M. McKeen, Lawyer with CohenHighley regarding Kevin<br />
and Wayne Misselbrook was briefly discussed and it was noted that the delegation from<br />
Sharon Weitzel dealing with this matter had been cancelled.<br />
13-0114-16 Moved by: Councillor Cook<br />
Seconded by: Councillor Maguire<br />
That correspondence from Laura M. McKeen, Lawyer with<br />
CohenHighley regarding Kevin and Wayne Misselbrook be received<br />
and filed.<br />
Carried<br />
Correspondence – For Council Direction<br />
7.2 Sara Milne – Re: Cut to Transportation Subsidies by <strong>Lambton</strong> Elderly<br />
Outreach<br />
Council briefly discussed correspondence from Sara Milne regarding the cut to<br />
transportation subsidies by <strong>Lambton</strong> Elderly Outreach and agreed that this letter be<br />
forwarded to the County for their assistance in ensuring this subsidy is not eliminated.<br />
13-0114-17 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Cook<br />
That correspondence from Sara Milne regarding her concerns with<br />
a cut to transportation subsidies by the <strong>Lambton</strong> Elderly Outreach<br />
be forwarded to the County <strong>of</strong> <strong>Lambton</strong> for their assistance in<br />
preventing such action.<br />
Carried<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
7.3 Susan Mills, Manager <strong>of</strong> the Grand Bend & Area Chamber <strong>of</strong> Commerce –<br />
Re: Concerns Regarding Parking, Pedestrian Safety and Traffic Congestion<br />
in Grand Bend<br />
Council reviewed correspondence from the Manager <strong>of</strong> the Grand Bend and Area<br />
Chamber <strong>of</strong> Commerce regarding parking, pedestrian safety and traffic congestion in<br />
Grand Bend. It was noted that several <strong>of</strong> the issues brought forward in this letter are<br />
being discussed during the budget deliberations.<br />
13-0114-18 Moved by:<br />
Seconded by:<br />
That correspondence from Sue Mills, Manager <strong>of</strong> the Grand Bend<br />
and Area Chamber <strong>of</strong> commerce regarding concerns with parking,<br />
pedestrian safety and traffic congestion in Grand Bend be received<br />
and filed and that staff thank Ms. Mills for bringing these concerns<br />
to Council and acknowledge that these concerns are being<br />
addressed.<br />
Carried<br />
7.4 Dennis Dunkley, 1st Officer – Canadian Motorcycle Cruisers – Re: Request<br />
to the <strong>Municipality</strong> for Sponsorship<br />
A letter from Dennis Dunkley, 1st Officer <strong>of</strong> the CMC 016 Sarnia Canadian Motorcycle<br />
Cruisers inviting the <strong>Municipality</strong> to purchase a sponsorship package for the National<br />
Rally that is being held at the Fair Grounds in Forest August 2nd – 5th, 2013 was briefly<br />
reviewed by Council.<br />
This sponsorship would allow the <strong>Municipality</strong> to be showcased during the rally, the<br />
<strong>Municipality</strong> would be recognized for contributing to the event as well as helping in<br />
fostering civic pride within the community and a recorded vote was requested on the<br />
following motion:<br />
13-0114-19 Moved by: Councillor Scott<br />
Seconded by: Councillor Russell<br />
That the <strong>Municipality</strong> purchase a Gold Sponsorship for the National<br />
Rally <strong>of</strong> the CMC 016 Sarnia Canadian Motorcycle Cruisers to be<br />
held in Forest August 2 – 5, 2013 at a cost <strong>of</strong> $1,000.00.<br />
Carried<br />
Those in favour <strong>of</strong> the motion:<br />
Mayor Weber<br />
Councillor Bonesteel<br />
Councillor Scot<br />
Councillor McRae<br />
Councillor Underwood<br />
Councillor Cook<br />
Councillor Russell<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
Those opposed to the motion:<br />
Deputy Mayor Davis-Dagg<br />
Councillor Maguire.<br />
<strong>The</strong> question <strong>of</strong> having a Municipal Policy for sponsoring event such that falls outside <strong>of</strong><br />
the current grant policy was discussed.<br />
13-0114-20 Moved by: Councillor Russell<br />
Seconded by: Councillor Scott<br />
That staff draft a policy for Council approval on sponsoring events<br />
that do not qualify under the current Municipal grant policy.<br />
Carried<br />
6.5 Bob Sharen – Re: Public Conduct @ Meetings<br />
Bob Sharen appeared before Council to outline his concerns regarding the conduct <strong>of</strong><br />
the public gallery at the <strong>Lambton</strong> <strong>Shores</strong> December 17, 2012 Council meeting. He<br />
noted that respect is deserved <strong>of</strong> those people who hold <strong>of</strong>fice and that those in<br />
attendance at the meeting should show some measure <strong>of</strong> decorum.<br />
6.6 Wayne Edlington – Re: Questions Regarding the Dismissal <strong>of</strong> John Byrne<br />
and the Proposed New Direction <strong>of</strong> Council<br />
Wayne Edlington appeared before Council to ask for additional information than that<br />
which has been already provided in the media and at Council meetings regarding the<br />
dismissal <strong>of</strong> C.A.O. John Byrne and what the new direction Council is proposing for the<br />
<strong>Municipality</strong>. He further noted the importance <strong>of</strong> democracy ,that it was important for<br />
Council to listen to the residents <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>.<br />
6.7 Rob Taggert – Re: Review <strong>of</strong> Grand Bend Harbour Water Depth and<br />
Dredging Requirements and Hazards to Marine Navigations<br />
Mr. Rob Taggert addressed Council regarding concerns over the increasing issue <strong>of</strong><br />
safety in the local harbour and river in Grand Bend due to the low water levels in the<br />
Great Lakes and lack <strong>of</strong> dredging for the Grand Bend Harbour.<br />
Mr. Taggert noted that Grand Bend Harbour is a very diverse and lucrative source <strong>of</strong><br />
revenue generation for private business, and all levels <strong>of</strong> governments and that local<br />
business depends on the tourism revenue generated as a result <strong>of</strong> boaters coming to<br />
the area.<br />
In order to prevent boaters from leaving the area, Mr. Taggert asked Council for<br />
consideration <strong>of</strong> putting in place a sustainment plan and budget for the necessary action<br />
or requirements to address this issue.<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
Council briefly discussed the issue <strong>of</strong> low water levels both in the Grand Bend and Port<br />
Franks areas and the need for partnerships to assist with dealing with this matter.<br />
6.8 Sharon Weitzel, <strong>Lambton</strong> <strong>Shores</strong> Community Association – Re: Concerns &<br />
Updates on Short Term Rental Committee Issues<br />
Mayor Weber advised Council that Sharon Weitzel had cancelled this delegation.<br />
8. CONSIDERATION OF COMMITTEE MINUTES AND STAFF REPORTS<br />
Planning<br />
Planning Reports No. 01, 02 & 03-2013 were dealt with during the public meetings.<br />
8.4 PL Report No. 04-2013 – Re: Suncor Energy Cedar Point Wind Power<br />
Project & Nextera Energy Canada Jericho Wind Power Project Municipal<br />
Consultation Form & Municipal Consultation Package<br />
<strong>The</strong> Planner Ms. Richardson advised Council that staff has been reviewing the reports<br />
submitted as part <strong>of</strong> the application for a Renewable Energy Approval for Suncor<br />
Energy’s Cedar Point Wind Power Project in order for Council review and submission to<br />
the Province.<br />
Ms. Richardson noted that staff has also reviewed other Municipalities’ comment forms<br />
for consideration and reference and it is anticipated that a draft <strong>of</strong> the Municipal<br />
comments for the Suncor Energy Cedar Point Power Project will be presented to<br />
Council for review at the January 28th, 2013 Council meeting.<br />
She further advised that staff is also reviewing the reports submitted as part <strong>of</strong> the<br />
application for a Renewable Energy Approval for the NextEra Energy Canada Jericho<br />
Wind Power Project and anticipate that a draft <strong>of</strong> the Municipal Comments for this<br />
project will be presented to Council for review at the February 7, 2013 Council meeting.<br />
13-0114-21 Moved by: Councillor Maguire<br />
Seconded by: Councillor Cook<br />
That PL Report No. 04-2013 regarding the Suncor Energy Cedar<br />
Point Wind Power Project and the NextEra Energy Canada Jericho<br />
Wind Power Project Municipal Consultations Form and Municipal<br />
Consultation Package be received and filed. Carried<br />
Community Services<br />
8.5 D.C.S. Report No. 01-2013 – Re: Communities in Bloom Update<br />
In D.C.S Report No.01-2013 the Acting Manager <strong>of</strong> Recreation and Leisure Shannon<br />
Prout provids an update on the Communities in Bloom (CIB) program for the past five<br />
years and noted that this organization was looking for Council’s consent to continue on<br />
with the program in 2013. It was noted that these members <strong>of</strong> this organization should<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
be commended and thanked for their efforts on behalf <strong>of</strong> the <strong>Municipality</strong> and a<br />
recorded vote was requested on the following motion.<br />
13-0114-22 Moved by: Councillor Bonesteel<br />
Seconded by: Councillor Russell<br />
That D.C.S. Report No. 01-2013 be approved and the <strong>Lambton</strong><br />
<strong>Shores</strong> Communities in Bloom Committee continue with their efforts<br />
in the program.<br />
Carried<br />
Those in favour <strong>of</strong> the motion: All Members <strong>of</strong> Council.<br />
8.6 D.C.S. Report No. 04-2013 – Re: Former Military Camp Water Servicing<br />
Agreement<br />
In D.C.S. Report No. 04-2013 Jeff Wolfe, Project and Infrastructure Manager advising<br />
Council that the Department <strong>of</strong> National Defence (DND) has requested temporary water<br />
servicing for the former Military Camp on Army Camp Road. <strong>The</strong> site has an existing<br />
water treatment and distribution system, however the intake line for the water treatment<br />
plant<br />
13-0114-23 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Scott<br />
That D.C.S. Report No. 04-2013 be approved; and further<br />
That the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> enter into an agreement<br />
with the Department <strong>of</strong> National Defence for the supply <strong>of</strong> water to<br />
the Former Military Camp on Army Camp Road; and further<br />
That By-law 04-2013 authorizing the Mayor and Clerk to sign the<br />
associated contract agreement be approved. Carried<br />
8.7 D.C.S. Report No. 05-2013 – Re: Harbour Depth Maintenance Program<br />
Review<br />
Council reviewed information respecting the current harbour depth maintenance<br />
program for the Grand Bend and Port Franks harbours, outlining the various challenges<br />
currently faced by the program and various suggested changes that can be made to the<br />
program.<br />
It was noted that presently Council is considering two distinct matters that are very<br />
much similar and at times get confused for one another. <strong>The</strong> first is the review <strong>of</strong> the<br />
annual dredging program completed for recreational boating purposes in each harbour<br />
and the second matter being river maintenance work upstream <strong>of</strong> the Municipal Marina<br />
in Port Franks for the purposes <strong>of</strong> ice management..<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
<strong>The</strong> background on these matters was presented in D.C.S. Report 05-2013 as well as<br />
the issues facing the harbour depth maintenance program, program funding, and<br />
considerations for improving the harbour depth maintenance program.<br />
Council discussed the current contract with Mitoi works and it was noted that in an effort<br />
to improve dredging activities Mitoi Works has procured a new vessel that dredges far<br />
better compared to the prop-washing method that is currently used.<br />
Council discussed a proposed amendment to the current contract with Mitoi that would<br />
change the maintenance program to fit this vessel at a cost <strong>of</strong> $60,000.for the remaining<br />
two years as well as discussing the possibility <strong>of</strong> allowing Mitoi Works to operate the<br />
Northside in Port Franks.<br />
A recorded vote was requested on the following motion:<br />
13-0114-24 Moved by: Councillor Maguire<br />
Seconded by: Councillor Scott<br />
That the current contract with Mitoi Works be amended to change<br />
the current river maintenance program to accommodate using the<br />
new improved vessel purchased by Mitoi Works at a cost <strong>of</strong><br />
$60,000. and when the water level in the river allow Mitoi Works<br />
would operate the Northside in Port Franks to maintain the harbour<br />
in Port Franks.<br />
Carried<br />
Those in favour <strong>of</strong> the motion: All Members <strong>of</strong> Council.<br />
Council further discussed the challenges faced with the annual harbour depth<br />
maintenance program and the need to have a working group to come up with a<br />
resolution <strong>of</strong> dealing with and financing the issues that are impacting the Municipal<br />
harbour use.<br />
13-0114-25 Moved by: Councillor Underwood<br />
Seconded by: Councillor Scott<br />
That staff draft terms <strong>of</strong> reference for a proposed working group to<br />
deal with the issue <strong>of</strong> long term maintenance <strong>of</strong> the Port Franks and<br />
Grand Bend Harbour.<br />
Carried<br />
8.8 D.C.S. Report No. 07-2013 – Re: Project Update: Grand Bend Sewage<br />
Treatment Facility (Status <strong>of</strong> Part II Orders and BCF Scope Change<br />
Application)<br />
A brief update respecting the status Part II orders received as a result <strong>of</strong> the ESR<br />
addendum undertaken for the Grand Bend Sewage Treatment Facility project and the<br />
status <strong>of</strong> the Build Canada Funding scope Change application was provided in D.cS.S.<br />
report No. 07-2013.<br />
13-0114-26 Moved by: Councillor Bonesteel<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
Seconded by: Councillor Russell.<br />
That D.C.S. Report No. 07-2013 regarding a project update on the<br />
Grand Bend Sewage Treatment Facility be received and filed.<br />
Finance and Administration<br />
8.9 TR Report No. 02-2013 – Re: Signing Authority<br />
<strong>The</strong> current methodology regarding signing authority for the <strong>Municipality</strong> was outlined in<br />
TR Report No. 02-2013 and the Treasurer noted that in light <strong>of</strong> current staffing situation<br />
an update to the current by-law authorizing the signing authority for he <strong>Municipality</strong> was<br />
needed.<br />
13-0114-27 Moved by: Councillor Cook<br />
Seconded by: Councillor Maguire<br />
That the position <strong>of</strong> Clerk be added to our cheque signing authority<br />
as outlined in Treasurer`s Report No. 02-2013. Carried<br />
8.10 TR Report No. 03-2013 – Re: Annual By-laws<br />
In TR Report No. 03-2013, Treasurer Janet Ferguson outlined the requirement to<br />
establish the interim tax levy billing due dates and to pass the by-law to approve the<br />
borrowing necessary to meet the current expenditures.<br />
13-0114-28 Moved by: Councillor Scott<br />
Seconded by: Councillor McRae<br />
That Council passes the pertinent by-laws for the Interim Tax Billing<br />
and the Annual Borrowing for Current Expenditures as outlined in<br />
Treasurer’s Report No. 03-2013.<br />
Carried<br />
8.11 TR Report No. 04-2013 – Re: 2013 Supplemental Tax Billings and Write Offs<br />
TR Report No. 04-2013 provided an update to Council on the assessment changes<br />
received throughout the year and those write-<strong>of</strong>fs <strong>of</strong> taxes originally levied.<br />
13-0114-29 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Scott<br />
That Council approves the Supplemental Tax Billings and Write-<strong>of</strong>fs<br />
process in 2012 as outlined in Treasurer’s Report No. 04-2013.<br />
Carried<br />
TR Report No. 05-2013 regarding the water and wastewater rates for 2013 and 2014<br />
was dealt with during the public meeting.<br />
8.13 TR Report No. 06-2013 – Re: Annual Audit Reporting Requirements<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
In TR Report No. 06-2013, Treasurer Janet Ferguson provided information on the<br />
required Council Audit Questionnaire provided by the municipal auditors, and outlined<br />
the Council requirements to provide a response to the 3 questions in the letter regarding<br />
organizational risks.<br />
13-0114-30 Moved by: Councillor Russell<br />
Seconded by: Councillor Scott<br />
That Council, acting as the Committee <strong>of</strong> the Whole, provides the<br />
required responses to the Annual Audit Questionnaire.<br />
Carried<br />
8.14 TR Report No. 07-2013 – Re: 2013 Wages for Non-Union Staff<br />
<strong>The</strong> Treasurer Janet Ferguson advised that the past practice when it came to the cost<br />
<strong>of</strong> living adjustment to staff wages and salaries was to follow the adjustments negotiated<br />
in the Collective Agreement with our unionized staff. She noted that the Collective<br />
Agreement calls for a 1% adjustment effective January 1st, 1.5% effective July 1st and<br />
0.25% effective December 1st and asked for Council direction on this matter.<br />
13-0114-31 Moved by: Councillor Underwood<br />
Seconded by: Councillor Cook<br />
That the 2013 wages for non-union staff be adjusted in accordance<br />
with the cost <strong>of</strong> living adjustment granted to unionized employees.<br />
Carried<br />
Council briefly reviewed C.A.O. Report No. 69-2012 outlining the Market Review Study<br />
that was completed by McDowall Associates.<br />
13-0114-32 Moved by: Councillor Russell<br />
Seconded by: Councillor Scott<br />
That C.A.O. Report No. 69-2012 outlining the Market Review Study<br />
be referred to the 2013 Budget discussion to determine the<br />
implications <strong>of</strong> implementing the Market Review and conducting a<br />
Pay Equity Review <strong>of</strong> Salaries and Wages in accordance with the<br />
Pay Equity Act.<br />
Carried<br />
8.15 TR Report No. 08-2013 – Re: Interim C.A.O.<br />
Further to a previous Council decision to hire an interim C.A.O. the Acting C.A.O. Janet<br />
Ferguson explained that further clarification from Council was needed on the intent and<br />
process.<br />
Ms. Ferguson provided options for Council consideration in dealing with the matter <strong>of</strong><br />
hiring an Interim C.A.O. as well as providing the option <strong>of</strong> moving forward by fill the<br />
C.A.O. position on a permanent basis.<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
Council discussed those options and agreed that Council move directly to filling the<br />
position <strong>of</strong> C.A.O. on a permanent basis with the assistant <strong>of</strong> a consultant.<br />
A lengthy discussion ensued as to what the purpose <strong>of</strong> the consultant would be,<br />
whether it would be the consultant`s job to review Municipal operations in addition to<br />
assisting with the hiring <strong>of</strong> a C.A.O. however it was agreed that the new C.A.O. would<br />
review Municipal operations once he/she has taken the position.<br />
13-0114-32 Moved by: Councillor Underwood<br />
Seconded by: Councillor Bonesteel<br />
That Council hire a consultant through the request for proposals<br />
process to assist in filling the C.A.O. position on a permanent<br />
basis.<br />
Carried<br />
8.16 CL Report No. 01-2013 – Re: Accountability and Transparency – Update on<br />
the 2012 Freedom <strong>of</strong> Information Requests and Requests for Information<br />
from the Ombudsman<br />
Council reviewed information provided by the Clerk Carol McKenzie on Freedom <strong>of</strong><br />
Information and the Protection <strong>of</strong> Privacy Act requests and requests for information from<br />
the Ombudsman.<br />
13-0114-33 Moved by: Councillor Bonesteel<br />
Seconded by: Councillor Underwood<br />
That CL Report No. 01-2013 regarding accountability and<br />
transparency and an update on the 2012 Freedom <strong>of</strong> Information<br />
requests and requests for information from the Ombudsman be<br />
received and filed. Carried<br />
13-0114-34 Moved by: Councillor Bonesteel<br />
Seconded by: Councillor Russell<br />
That Council establish the terms <strong>of</strong> reference for the Grand Bend<br />
and Area Sewage Treatment Oversight Committee prior to reenactment.<br />
Carried<br />
8.17 CL Report No. 02-2013 – Re: Good Neighbour Award – Wendy Hoy and<br />
Judy Watt<br />
Council reviewed an application for Good Neighbour Awards submitted by the<br />
“Lakeshore Coalition” for Wendy Hoy and Judy Watt for their efforts to raise awareness<br />
<strong>of</strong> the issues pertaining to the installation <strong>of</strong> cell towers and the possible impacts <strong>of</strong><br />
electro magnetic radio emission on the citizens and the environmentally sensitive areas<br />
<strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>.<br />
13-0114-35 Moved by: Councillor Scott<br />
Seconded by: Deputy Mayor Davis-Dagg<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
That a “Good Neighbour” Award be presented to Wendy Hoy and<br />
Judy Watt at a dinner being held in their honour mid January for<br />
their efforts in raising awareness <strong>of</strong> issues concerning cell towers.<br />
Carried<br />
8.18 CL Report No. 03-2013 – Re: Short Term Rental Issue – Grand Bend<br />
As delegate Sharon Weitzel cancelled her appearance before Council it was decided<br />
that CL Report No. 03-2013 regarding the issue <strong>of</strong> short term rentals in Grand Bend be<br />
deferred to the January 28th, Council meeting.<br />
9. BY-LAWS & RESOLUTIONS<br />
13-0114-36 Moved by: Councillor Scott<br />
Seconded by: Councillor Russell<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 01-2013 – Provide for an Interim Tax Levy and to Provide<br />
for the Payment <strong>of</strong> Taxes and to Provide for Penalty and Interest<br />
- By-law 02-2013 – Authorize the Borrowing <strong>of</strong> Money to Meet<br />
Current Expenditures <strong>of</strong> Council<br />
- By-law 03-2013 – Appoint Signing Authorities<br />
- By-law 04-2013 – Authorize Agreement with the Department <strong>of</strong><br />
National Defence<br />
- By-law 06-2013 – Establish Water and Wastewater Usage and<br />
Consumption Rates for 2013 & 2014<br />
- By-law 07-2013 – Zone Amendment for Beernink<br />
- By-law 08-2013 – Zone Amendment for <strong>Lambton</strong> <strong>Shores</strong><br />
- By-law 09-2013 – Confirming Resolutions to Date. Carried<br />
It was noted that the by-law appointing Janet Ferguson as Interim C.A.O. would need to<br />
be amended to accommodate a longer term and this amending by-law would come<br />
back to Council for approval.<br />
10. ACCOUNTS<br />
<strong>The</strong>re were no Municipal accounts for Council to review.<br />
11. NOTICE OF MOTION<br />
11.1 Notice <strong>of</strong> Motion from Councillor Bonesteel – Re: Charitable Donation<br />
Boxes throughout the <strong>Municipality</strong><br />
<strong>The</strong> question <strong>of</strong> charitable donation boxes popping up all over the <strong>Municipality</strong> and the<br />
validity <strong>of</strong> those charities was discussed.<br />
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Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
13-0114-37 Moved by: Councillor Bonesteel<br />
Seconded by: Councillor Cook<br />
That staff be directed to prepare a strategy/protocol to<br />
regulate/manage the location <strong>of</strong> charitable donation boxes<br />
throughout the <strong>Municipality</strong>.<br />
Carried<br />
12. NEW BUSINESS<br />
D.C.S. Report No.06-2013 – Re: Port Franks Ice Management Emergency Dredging<br />
Award<br />
<strong>The</strong> results <strong>of</strong> the request for proposals by invite to open up the river mouth in Port<br />
franks were detailed in D.C.S. Report no. 06-2013 and Council agreed to award the<br />
contract to Babcock Marine and Shoreline Services.<br />
13-0114-38 Moved by: Councillor Russell<br />
Seconded by: Councillor Scott<br />
That D.C.S. Report No. 06-2013 be approved; and further that the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> enter into an agreement with Huron<br />
District Contracting to complete the proposed dredging <strong>of</strong> the<br />
Ausable Cut for the tendered upset limit amount <strong>of</strong> $100,000<br />
inclusive <strong>of</strong> HST; and further that By-law 05-2013 authorizing the<br />
Mayor and Clerk to sign the associated contract agreement be<br />
approved.<br />
Carried<br />
TR Report No. 09-2013 – Re: Municipal Delegation Request at OGRA Conference<br />
<strong>The</strong> Acting C.A.O. Janet Ferguson asked Council for input on the issues considered to<br />
be municipal priorities that should be presented as possible delegations with the<br />
Ministers at the OGRA/Good Roads.<br />
Council concurred that the Grand Bend Bridge upgrades and / or crosswalks, the Grand<br />
Bend Marina Dock upgrades and the MNR parking lot and disrepair and lack <strong>of</strong><br />
cleanliness <strong>of</strong> the washrooms at Ipperwash were the Municipal priorities that should be<br />
presented.<br />
13-0114-39 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Russell<br />
That the Grand Bend upgrades and / or Crosswalks, the Grand<br />
Bend Marina Dock upgrades and the MNR parking lot and disrepair<br />
and lack <strong>of</strong> cleanliness <strong>of</strong> the washroom be set as Municipal<br />
priorities for applications as delegates to the different Ministries at<br />
the upcoming OGRA/Good Roads Conference. Carried<br />
20
Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
Deputy Mayor Davis-Dagg asked that a request to halt the erection <strong>of</strong> a Bell<br />
Communications Tower in Port Franks be brought forward as an emergent issue.<br />
13-0114-40 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Russell<br />
That the issue <strong>of</strong> a request to halt the erection <strong>of</strong> a Bell<br />
Communications Tower in Port Franks be brought forward as an<br />
emergent issue.<br />
Carried<br />
Concerns regarding increased activity for the installation <strong>of</strong> a Bell Communications<br />
Tower in Port Franks were discussed and the Deputy Mayor presented the following<br />
motion:<br />
13-0114-41 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Russell<br />
That Council instructs staff to send a letter to MP Bev Shipley<br />
immediately asking him to secure a cease-and-desist order for the<br />
proposed Port Franks cell tower which is contrary to Council’s nonconcurrence<br />
resolution.<br />
Carried<br />
13-0114-42 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Russell<br />
<br />
<br />
<br />
<br />
<strong>The</strong> Council direct staff to investigate the installation <strong>of</strong> hard-wired phones in Port<br />
Franks’ waterfront area for the increase <strong>of</strong> emergency services where cell phone<br />
service is diminished.<br />
<strong>The</strong> council direct staff to send inquiry letters to the residents <strong>of</strong> Port Franks<br />
proper (w/in the “bowl”) and request whether they would be supportive <strong>of</strong><br />
establishing Port Franks as a “Frequency Reduced Environmental Enclave”<br />
(FREE) or “beige zone” as a refuge for those suffering from exposure to Electro-<br />
Magnetic Radiation (EMR). A summary <strong>of</strong> the recent Bio-Initiative Report (or<br />
comparable research) would be included to apprise residents <strong>of</strong> the potential<br />
impact <strong>of</strong> EMR to vulnerable individuals. A request would be made for a<br />
response within two weeks due to the time-sensitivity <strong>of</strong> the issue.<br />
If the majority <strong>of</strong> respondents indicate a support for this protective measure,<br />
council members John Russell and Lorie Scott along with Deputy Mayor<br />
Elizabeth Davis-Dagg would approach MP Bev Shipley and request his active<br />
support for a moratorium on further expansion <strong>of</strong> cell service in the Port Franks<br />
area for a minimum term <strong>of</strong> five years. Residents <strong>of</strong> the community at that time<br />
would have opportunity to reconsider this decision.<br />
If Bev Shipley’s support is secured, a meeting would be secured with our MP and<br />
Bell Canada executive(s) and/or Industry Canada where a formal request will be<br />
made face-to-face to halt progress on the proposed project for the next five<br />
years.<br />
NOT PASSED- LATER REWORDED<br />
21
Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
13-0114-42 Moved by: Deputy Mayor Davis-Dagg<br />
Seconded by: Councillor Russell<br />
That staff prepare a report on the possible installation <strong>of</strong> hard-wired<br />
phones in Port Franks’ waterfront area for the increase <strong>of</strong><br />
emergency services where cellphone service is diminished and;<br />
That staff research and define for clarity what establishing a<br />
“Frequency Reduced Environmental Enclave” or “Beige Zone”<br />
would entail and how this would help those people with<br />
electromagnetic sensitivities and further;<br />
That this information be sent out to the residents <strong>of</strong> Port Franks for<br />
their input on the matter.<br />
Carried<br />
13. COUNCILLOR REPORTS<br />
Councillor Underwood reported that he and Councillor McRae have scheduled an Town<br />
Hall Meeting for January 29th l in Forest to provide an opportunity for the public to ask<br />
questions or bring up concerns.<br />
Councillor McRae reported that the local fundraising for the proposed Spray Pad in<br />
Forest was going great however the application for a grant from the Trillium Foundation<br />
for this project has been refused and that the International Silver Stock Tournament<br />
held the past weekend end Forest had been a great success.<br />
Councillor Cook reported that he had attended the Levy in Grand Bend on January 1st<br />
and that this had been a great event.<br />
Councillor Scott noted her appreciation to staff for recent repairs and improvements<br />
conducted at the Port Franks Community Centre.<br />
Councillor Bonesteel advised that with the comments and concerns raised recently on<br />
Council’s conduct and the need to restore the public’s confidence in its Municipal<br />
Council he, as empowered under the Municipal Act, would like to retain an Integrity<br />
Commission to investigate complaints against Council’s code <strong>of</strong> conduct to determine if<br />
there has been leaks and if so to deal with them.<br />
13-0114-43 Moved by: Councillor Bonesteel<br />
Seconded by: Councillor Maguire<br />
That Council retain an Integrity Commissioner under the Municipal<br />
Act to start an investigation to determine if allegations against<br />
Council have any grounds.<br />
Carried<br />
14. OPPORTUNITY FOR THE PUBLIC TO SEEK CLARIFICATION<br />
Jim Hansen inquired if there was an upset limit on the costs <strong>of</strong> hiring a consultant to<br />
assist with the hiring <strong>of</strong> a new C.A.O.<br />
22
Minutes <strong>of</strong> the January 14, 2013 Council Meeting<br />
Eugene Dorey asked if Council could advise him when concerns with the Ipperwash<br />
area washrooms and parking lots that had been raised previously would be addressed<br />
by the Ministry <strong>of</strong> Natural Resources.<br />
Syd Fraleigh asked the Deputy Mayor and those Council members who supported her<br />
amendment to the minutes <strong>of</strong> the December 17th Council meeting how can an elected<br />
<strong>of</strong>ficials not know the difference between a candidate seeking election speaking to<br />
ratepayers and an elected <strong>of</strong>ficial seeking to meet candidates outside the advertised<br />
process.<br />
Dick Matzka made an inquiry regarding the water meter for the proposed water<br />
servicing <strong>of</strong> the former military camp at Ipperwash.<br />
Jeff Wilcocks asked Council if it was pro wind energy or not and how many wind energy<br />
projects would the <strong>Municipality</strong> allow in the area.<br />
Sarah Hornblower asked if Council would reconsider the date <strong>of</strong> February 7th for<br />
submission <strong>of</strong> the Municipal consultation form on the wind energy projects and how the<br />
consultation form for the NextEra wind energy project could be completed without the<br />
site information being submitted.<br />
Tom Hales asked if answers to the questions on the dismissal <strong>of</strong> the C.A.O. and<br />
Council new direction posed earlier in the meeting by Wayne Edlington would be<br />
forthcoming.<br />
Sarah Hornblower asked if Council would reconsider the date <strong>of</strong> February 7th for<br />
submission <strong>of</strong> the Municipal consultation form on the wind energy projects and how the<br />
consultation form for the NextEra wind energy project could be completed without the<br />
site information being submitted.<br />
Sheila Thompson asked who was acting as C.A.O. until such time as the new C.A.O.<br />
was hired and asked a question on the proposed Town Hall meeting planned by<br />
Councillor Underwood and Councillor McRae.<br />
Gerry Rupke made an inquiry on the water rate charged in the agreement with the<br />
Department <strong>of</strong> National Defence for servicing the former Army Camp.<br />
15. ADJOURN<br />
13-0114-44 Moved by: Councillor Cook<br />
Seconded by: Councillor Scott<br />
That the January 14, 2013 Council meeting adjourns at 10:24 p.m.<br />
Carried<br />
23
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 />
P.O. Box 1016<br />
Grand Bend, ON<br />
N0M 1T0<br />
Jan. 11, 2013<br />
To the Mayor and all members <strong>of</strong> Council:<br />
Jan 7 th 2013 the <strong>Lambton</strong> <strong>Shores</strong> Community Association received further information from the<br />
from the Clerk’s <strong>of</strong>fice consisting <strong>of</strong>:<br />
1. Jan 3 rd letter advising us <strong>of</strong> the details <strong>of</strong> the municipality’s activities with their lawyer<br />
and the building inspector’s activities regarding the Committee <strong>of</strong> Adjustment<br />
2. Fence By-Law 80-2009<br />
3. Fence By-Law 80-2009 diagram<br />
4. By-Law Enforcement Update 134 -2012 November 7, 2012<br />
This information does not address the concerns <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Community Association<br />
(LSCA).<br />
When this issue first came to our attention LSCA did review the Fence and Zoning Bylaws.<br />
<strong>The</strong> Clerk's letter says that the fences at 11 and 13 Woodward Avenue pre-exist the Fence Bylaw <strong>of</strong><br />
2008. LSCA believes that incorrect. <strong>The</strong>re were remnants <strong>of</strong> some fences along the back and<br />
interior side yards from years ago. <strong>The</strong>y were replaced recently by 12' fences.<br />
<strong>The</strong>se were lowered in the summer <strong>of</strong> 2012 to comply with the Bylaw and are now 6.5' according to<br />
those who approved them.<br />
<strong>The</strong>re were never any gates or fences between the buildings at the front or exterior side yards until<br />
they were built in the spring <strong>of</strong> 2010. Neighbours can verify this and we have photos dated from<br />
2008 which show no fences there at that time. (See Exhibit 4 a and 4 b)<br />
With this information, we contend the fences there now are NOT "legal non-conforming". <strong>The</strong>y<br />
were built after the Bylaw was passed.<br />
<strong>The</strong> Clerk believes this information was shared with several neighbours. Who received this<br />
information and in what format? <strong>The</strong>re was no <strong>of</strong>ficial letter from any authority like the Committee<br />
<strong>of</strong> Adjustment or the <strong>Municipality</strong> to anyone that LSCA is aware <strong>of</strong>.<br />
<strong>The</strong>se discussions appear to have no <strong>of</strong>ficial format and we are requesting that the municipality<br />
ensure in the future that such information is <strong>of</strong>ficial and dealt with properly to all parties.<br />
P . O B O X 1016, 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 />
25
– 2 –<br />
On the Parking Enforcement issue in the Bylaw Officers' Report, it states that: "Parking regulations<br />
are enforced to ensure that area streets remain clear and unobstructed for safety reasons ..." and "the Bylaw<br />
Enforcement staff patrol the municipal roads and the parking lots (in the summer months) to ensure<br />
compliance with municipal by-laws and regulations."<br />
When Bylaw Officers allow vehicles to park perpendicular to the lot lines on Municipal property,<br />
they are not ensuring that the streets remain clear and unobstructed because these vehicles stick<br />
out into the traveled part <strong>of</strong> the street.<br />
When cars begin to park diagonally along Woodward where cars have always parked parallel,<br />
that creates a hazard on the narrow streets <strong>of</strong> Plan 24; complaints were made to the <strong>Municipality</strong><br />
about it.<br />
When Bylaw Officers allow cars to park on streets that have posted signs that there is to be no<br />
parking on either side <strong>of</strong> the street, that is not ensuring compliance with municipal bylaws and<br />
regulations as the Bylaw Officers themselves are contravening the bylaws.<br />
It should be noted that on the narrow streets <strong>of</strong> Plan 24, we are seeing increased use by<br />
ambulances and rescue as they cannot get down Main Street during the busy summer season. <strong>The</strong><br />
parking issues we are discussing could have serious safety consequences if parking is not properly<br />
enforced.<br />
Sincerely,<br />
Sharon Weitzel per<br />
<strong>Lambton</strong> <strong>Shores</strong> Community Association<br />
P . O B O X 1 0 1 6 , 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 />
26
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 />
P.O. Box 1016,<br />
47 Hill St.<br />
Grand Bend, ON<br />
N0M 1T0<br />
Jan. 2, 2013<br />
To the Mayor and all members <strong>of</strong> Council:<br />
At the <strong>Lambton</strong> <strong>Shores</strong> Community Association (LSCA) Annual meeting on<br />
July, 7, 2012, the Chair <strong>of</strong> the Plan 24 Committee submitted her report.<br />
Among other things the Report details the failure <strong>of</strong> by-law enforcement<br />
to follow through on two Committee <strong>of</strong> Adjustment meetings that required<br />
compliance by the owners <strong>of</strong> 11 and 13 Woodward Avenue.<br />
A re-cap <strong>of</strong> activities to date includes:<br />
November 10, 2011- neighbours received the Committee <strong>of</strong> Adjustment<br />
notice <strong>of</strong> the hearing to be held.<br />
Thursday, November 24, 2011- At least twelve letters were sent objecting<br />
to the minor variance application and six <strong>of</strong> those people were in<br />
attendance at the hearing.<br />
November 25, 2011 -<strong>The</strong> report given to Council was that "<strong>The</strong> Committee<br />
deferred this application in order for the Applicant to work with the<br />
neighbours who opposed the application to come up with a solution that<br />
would be suitable to all concerned. <strong>The</strong> Applicant was granted 60 days to<br />
submit a new proposal and should that 60 days lapse, the fence must be<br />
brought into compliance with the requirements <strong>of</strong> Fence By-law 80 <strong>of</strong><br />
2008."<br />
February 10, 2012- a re-notification letter was sent to neighbours,<br />
indicating that another Committee <strong>of</strong> Adjustment hearing was being held<br />
on Thursday, February 23, 2012.<br />
February 29, 2012 -<strong>The</strong> report submitted to Council by the Committee<br />
stated "<strong>The</strong> Committee refused this application as, in the opinion <strong>of</strong> the<br />
Committee, the variances were not minor in nature, the intent <strong>of</strong> the<br />
fence by-law was not maintained, and the variances were not desirable<br />
for the appropriate development or use <strong>of</strong> the land."<br />
P . O B O X 1 0 1 6 , 4 7 H I L L S T . , 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 />
27
– 2 –<br />
Neighbours were all sent a copy <strong>of</strong> the Decision <strong>of</strong> the Committee <strong>of</strong><br />
Adjustment, restating that an application requesting a variance from the<br />
provisions <strong>of</strong> the Fence By-law to permit:<br />
a) A maximum fence height <strong>of</strong> 3.66 metres in the interior side and rear<br />
yards, whereas the maximum height permitted is 2 meters; and<br />
b) A maximum fence height <strong>of</strong> 2.74 metres in the front yard, whereas the<br />
maximum height permitted is 0.91 metres; was refused.<br />
<strong>The</strong> reasons were stated and the information regarding appealing the<br />
decision to the Ontario Municipal Board was given with the last date for<br />
an appeal being March 14th, 2012. <strong>The</strong>re was no appeal made to the<br />
O.M.B.<br />
An inquiry by the <strong>Lambton</strong> <strong>Shores</strong> Community Association (LSCA) elicited<br />
the following information: Carol McKenzie confirmed that a letter has<br />
been sent to the Misselbrook’s requiring them to bring the fences and<br />
gates at 11 and 13 Woodward St. into compliance with the Committee <strong>of</strong><br />
Adjustment ruling this past winter.<br />
<strong>The</strong>y have been given a timeline to comply that is usually prescribed by<br />
the courts before action is taken (around two weeks) and have been<br />
notified that if the fences and gates are not in compliance by the<br />
demand date then by-law enforcement will charge them.<br />
<strong>The</strong> letter was sent out about July 9 th.<br />
According to the Clerk, on August 1 st , 2012, an inspection was done and<br />
the property and its fences were found to comply with the building code<br />
and “all areas at 2 metres high as per Bylaw”.<br />
It was understood by the LSCA prior to this, that front fences could<br />
not exceed a height <strong>of</strong> 0.91 metres.<br />
<strong>The</strong> Clerk explained that the definition <strong>of</strong> “front yard” was the distance<br />
from the property line to the foundation <strong>of</strong> the building and all <strong>of</strong> the<br />
outer fences at this property are even with the buildings, so they are<br />
“technically” not in the front yard. Since they are not in the front<br />
yard, they could be considered to be in an inner side yard and could<br />
therefore, be six and a half feet high.<br />
We question:<br />
1) <strong>The</strong> <strong>Municipality</strong> using this premise that the 6' fences were okay at<br />
the front; the Committee <strong>of</strong> Adjustment did not use this distinction as<br />
part <strong>of</strong> their decision.<br />
P . O B O X 1 0 1 6 , 4 7 H I L L S T . , 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 />
28
– 3 –<br />
2) After review <strong>of</strong> the bylaw by the LSCA, it details that a property on<br />
a corner, like the one in question, is required that both the front and<br />
the side exterior fences be no more than 3' high.<br />
3) LSCA has now been told by the Clerk that everything complies, with<br />
no change to the height <strong>of</strong> the outer fences, because they are in not in<br />
the "yard" as described in the Bylaw.<br />
4) <strong>The</strong> Fence Bylaw states under "8. b) Conflicts - other bylaws: In the<br />
event <strong>of</strong> any conflict between provisions <strong>of</strong> this bylaw and any<br />
provisions <strong>of</strong> any other <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Bylaws, relating<br />
to fencing, the provisions <strong>of</strong> this bylaw shall prevail.<br />
It appears the <strong>Municipality</strong> is allowing non compliance in spite <strong>of</strong> the<br />
existing by-law and despite all the people who have objected.<br />
It is the opinion <strong>of</strong> LSCA that at times the discretion given to the<br />
Bylaw Officer has been excessively and inappropriately applied.<br />
<strong>Lambton</strong> <strong>Shores</strong> Community Association is highly concerned that the<br />
Committee <strong>of</strong> Adjustment decision has been so completely undermined.<br />
Before reviewing our other concerns, the <strong>Lambton</strong> <strong>Shores</strong> Community<br />
Association would like to commend Council for initiating and supporting<br />
the efforts <strong>of</strong> the Short Term Rental Accommodation Committee.<br />
Other outstanding Issues:<br />
Illegal Parking:<br />
<strong>The</strong> Short Term Rental Accommodations Committee surveyed a couple <strong>of</strong><br />
properties in Plan 24 in the fall <strong>of</strong> 2011 to establish Municipal<br />
property lines and then informed owners that there would be no parking<br />
on Municipal property in those instances.<br />
In the spring, instead <strong>of</strong> vehicles parked illegally in front <strong>of</strong> 11 & 13<br />
Woodward Avenue and on Centre Street (a fire route with no parking<br />
allowed on either side), one car was parked on Centre and one on<br />
Woodward. Permission to do this was given by the Bylaw Officer, contrary<br />
to the Councilors’ instructions.<br />
This situation proved to be confusing to visitors as in one disturbing<br />
incident; a car which parked beside the “allowed” car on Centre was<br />
ticketed and then towed by the Bylaw Officer, while leaving the<br />
illegally parked car there, without a ticket. This situation continued<br />
P . O B O X 1 0 1 6 , 4 7 H I L L S T . , 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 />
29
– 4 –<br />
all summer even though Councilors Bonesteel and Maguire were made aware<br />
<strong>of</strong> it at the LSCA AGM in early July.<br />
It should be noted that the gates and fences at the front and sides <strong>of</strong><br />
those properties have made the parking problem worse. In the past with<br />
no fences, cars could pull up onto the property from the street between<br />
the buildings when the need arose. Now they are completely blocked out.<br />
This is because the owner chooses to use the property for excessive<br />
people instead <strong>of</strong> parking. <strong>The</strong>refore, his parking problems are <strong>of</strong> his<br />
own making.<br />
Noise:<br />
Council made it a priority to make the village a place to be enjoyed by<br />
all not just by those who make a pr<strong>of</strong>it from rentals. <strong>The</strong>y formed a<br />
committee and increased the by law budget by $5000.00 this year; despite<br />
this there is still a problem at several properties.<br />
According to 20 written LSCA members’ Calls for Service reports from<br />
this summer’s activities, there was a lot <strong>of</strong> noise at several addresses<br />
in Plan 24 plus property damage at Sam’s Playing Field, Village Green<br />
Mini Putt and Pizza Place & Dairy Dip, in May and June during prom<br />
parties and on the May 24 weekend.<br />
Even though there was improvement in July and August, there were also<br />
reports that other areas and cottages such as Shady Lane and Lakeside<br />
Circle in Gibbs Park were more noisy and disruptive than previous<br />
summers. On the Labour Day weekend things seemed to ramp up again and we<br />
got reports that the noise at the corner <strong>of</strong> Woodward and Centre was the<br />
worst it had been all summer.<br />
<strong>The</strong>re were also reports that other areas and cottages such as Shady Lane<br />
and Lakeside Circle in Gibbs Park were more noisy and disruptive. On the<br />
Labour Day weekend a LSCA member got a report that the noise at the<br />
corner <strong>of</strong> Woodward and Centre was the worst it had been all<br />
summer. Other complaints were lodged with the OPP. <strong>The</strong>re were also<br />
reports <strong>of</strong> disturbances in other parts <strong>of</strong> the village such as Southcott<br />
and Beach <strong>of</strong> Pines.<br />
Because this is a village wide issue, LSCA requests that the Short Term<br />
Rental Accommodations Committee also send their letter regarding noise<br />
/disturbances and consequences to ALL <strong>Lambton</strong> <strong>Shores</strong> residents.<br />
P . O B O X 1 0 1 6 , 4 7 H I L L S T . , 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 />
30
– 5 –<br />
Although Council’s Short Term Rental Accommodations Committee has made a<br />
good effort to educate and encourage cooperation from property owners<br />
who rent to too many disrespectful tenants, the lack <strong>of</strong> consistent bylaw<br />
enforcement is undermining all their good intentions.<br />
If Council fails to ensure that by-laws are being enforced it is our<br />
determination that the <strong>Municipality</strong> may have liability issues.<br />
Certainly, if any resulting fines are not a large enough deterrent<br />
Council needs to rethink its approach to all by-law enforcement issues.<br />
Council may also find itself with more by-law battles if enforcement<br />
does not follow through.<br />
If actions set in motion by the Short Term Rental Accommodations<br />
Committee and Council have no follow through, there can be no confidence<br />
that Council or By-laws have any teeth.<br />
<strong>The</strong> LSCA is asking Council to enforce its by-laws as requested by the<br />
Plan 24 Committee and the <strong>Lambton</strong> <strong>Shores</strong> Community Association. <strong>The</strong> LSCA<br />
has no confidence in the current contracted By Law enforcement firm<br />
and believes Council needs to rethink their service provider.<br />
I trust we will hear back from the <strong>Municipality</strong> on this matter as soon<br />
as possible.<br />
Sincerely,<br />
Sharon Weitzel per<br />
<strong>Lambton</strong> <strong>Shores</strong> Community Association<br />
Attachments:<br />
Exhibits 1-6<br />
P . O B O X 1 0 1 6 , 4 7 H I L L S T . , 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 />
31
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 />
Exhibits:<br />
1) Parking on Municipal Property Summer <strong>of</strong> 2011 (pictures taken July 30, 2011)<br />
showing the many cars parked along Centre, Woodward and Elmwood - all<br />
illegal except that the bylaw <strong>of</strong>ficer "allows" it. A survey was done at<br />
Misselbrooks' and there was to be no parking along either street in 2012.<br />
However the by law <strong>of</strong>ficer allowed one car on Centre and one car on Woodward.<br />
<strong>The</strong>y are now parking along Woodward between King and Centre, side by side<br />
diagonally, where they always had parked parallel.<br />
2) Red flags marking Municipal property at the corner <strong>of</strong> Center and Woodward<br />
Ave., Grand Bend. It also shows the single car parked on Center and the "Tow<br />
away Zone" sign on the post, the car being towed and renters on May 12, 2012.<br />
3) August 11, 2012 <strong>The</strong> New Compound at 11 & 13 Woodward Ave., Grand Bend -<br />
a variety <strong>of</strong> pictures showing the height <strong>of</strong> the fences now, from different angles<br />
including the fence at the side <strong>of</strong> 11 Woodward extending into the outer side<br />
yard.<br />
4 a) 11 Woodward from the 2008 Website predates by law<br />
4 b) Back <strong>of</strong> 11 Woodward from 2008 website predates by law<br />
5) Diagonal parking July 2, 2012<br />
6) Plan 24 Map with 11 & 13 Woodward identified with red numbers<br />
P . O B O X 1016, 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 />
32
THE MUNICIPALITY OF LAMBTON SHORES<br />
CL Report No. 03-2013 Wednesday, January 9, 2012<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Carol McKenzie, Clerk<br />
Short Term Rental Issue – Grand Bend<br />
RECOMMENDATION:<br />
For information only.<br />
REPORT<br />
Representatives from the <strong>Lambton</strong> <strong>Shores</strong> Community Association have requested a<br />
delegation to discuss issues that arose in Grand Bend in 2012 related to Short Term<br />
Rental accommodations. Information received from the Association is included in the<br />
agenda, and also included is the information provided to the Associate that pertains to<br />
this issue.<br />
Respectfully submitted,<br />
Carol McKenzie<br />
Clerk<br />
40
THE MUNICIPALITY OF LAMBTON SHORES<br />
CL Report No. 134-2012 Wednesday, November 7,2012<br />
TO:<br />
FROM:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Carol McKenzie, Clerk<br />
RE: By-law Enforcement Update - 2012<br />
RECOMMENDATION:<br />
For information only.<br />
REPORT<br />
<strong>The</strong> Municipal by-law <strong>of</strong>ficers enforce a variety <strong>of</strong> by-laws that deal with property<br />
matters – standards <strong>of</strong> maintenance, parking restrictions, fencing, animal control, site<br />
alteration, zoning etc, or the health and safety <strong>of</strong> residents, such as open air burning,<br />
streets by-laws and sewage discharge by-laws.<br />
For By-law Enforcement purposes, <strong>Lambton</strong> <strong>Shores</strong> is divided into two service areas:<br />
<strong>The</strong> North Area includes Grand Bend, and all the subdivisions north <strong>of</strong> Klondyke Road.<br />
Keith Crawford, along with several part time staff, has been looking after Grand Bend<br />
and area for the past 35 years.<br />
<strong>The</strong> South area consists <strong>of</strong> the area south <strong>of</strong> Klondyke Road, including Port Franks,<br />
Ipperwash, Arkona, Forest, <strong>The</strong>dford and all the areas in between. Glenn Bell has been<br />
with <strong>Lambton</strong> <strong>Shores</strong> since 2001, and prior to that, served the community with the<br />
O.P.P. for 30 years. Glen’s duties are the south area <strong>of</strong> the municipality, and he is also<br />
responsible for the canine control, grease trap inspections, weed inspection and<br />
livestock evaluation for the entire municipality.<br />
<strong>The</strong> following is a brief summary <strong>of</strong> the most common by-laws/issues enforced:<br />
Parking Enforcement<br />
Parking regulations are enforced to ensure that area streets remain clear and<br />
unobstructed for safety reasons and to facilitate winter snow clearing. While the By-law<br />
Enforcement staff patrol the municipal roads and the parking lots (in the summer<br />
months) to ensure compliance with municipal by-laws and regulations.<br />
Property Standards and Tidy Yard By-Laws<br />
41
<strong>The</strong> Property Standards and Tidy Yard by-laws prescribe the minimum standards for<br />
maintenance and physical condition <strong>of</strong> properties to ensure properties are kept in good<br />
repair, and are safe for inhabitants.<br />
It is important to note that at all stages <strong>of</strong> the enforcement process, the By-Law Officers<br />
works with the property owner to try to resolve the issues, which results in the majority<br />
<strong>of</strong> the properties being brought into compliance without legal action. When dealing with<br />
a person’s home or property, it is important to exhaust all opportunities for compliance<br />
prior to initiating legal action to ensure the person’s rights are protected. This process<br />
tends to take a significant amount <strong>of</strong> time before results are achieved, which can be<br />
frustrating for whoever lodged the complaint.<br />
On occasion, there are owners that refuse to comply with the by-law and legal action is<br />
required.<br />
Animal Control<br />
<strong>The</strong> most common complaints received pertain to animal control – either barking dogs,<br />
or dogs running at large. <strong>The</strong> South Area By-Law Enforcement Officer, Glenn Bell,<br />
undertakes animal control for the entire municipality, and to date, has responded to 42<br />
animal complaints, ranging from barking dogs to animals running at large. 9 dogs found<br />
running at large have been collected and taken to the Sarnia Humane Society, which is<br />
the organization that serves as the municipal “pound”.<br />
<strong>The</strong> number <strong>of</strong> animal control issues has been reducing each year, and may be<br />
attributed to the increase in fine amounts for repeat <strong>of</strong>fences.<br />
SHORT TERM RENTAL ISSUES:<br />
In 2011, the issues and problems resulting from some properties <strong>of</strong>fering “Short Term<br />
Rental Accommodation” in Plan 24 Grand Bend were studied in depth, with discussions<br />
on the appropriateness <strong>of</strong> municipal by-laws that have been enacted to regulate<br />
community issues such as the Parking, Noise, Streets and Beach usage. <strong>The</strong><br />
enforcement <strong>of</strong>ficers provided information on the situations they are encountering, the<br />
current enforcement practices, and any impediments they have experienced when<br />
enforcing the regulations.<br />
Ways <strong>of</strong> protecting the rights <strong>of</strong> the residents, and ensuring a reasonable measured<br />
response to issues were debated, as well as some <strong>of</strong> the limitations that the By-law<br />
Officers face, such as the fact they cannot compel a person to provide the identification<br />
necessary to issue a ticket, or that peace <strong>of</strong>ficers (including Police Officers) do not have<br />
the right to enter a “Residence” without a warrant, unless there is a criminal activity in<br />
the works or a criminal activity in plain view. Additional funds were allocated in the 2012<br />
budget for enhanced patrols in the problem area, and the result was fewer infractions,<br />
and happier residents. A brief overview is included in the report from the North Area Bylaw<br />
Officer, and a full report on “Short Term Rental 2012” is pending.<br />
Report from the By-law Officers:<br />
42
<strong>Lambton</strong> <strong>Shores</strong> North- 2012 Bylaw Enforcement Report:<br />
Bylaw enforcement for <strong>Lambton</strong> <strong>Shores</strong>’ North during the summer <strong>of</strong> 2012 consisted <strong>of</strong><br />
4 full time <strong>of</strong>ficers and 4 part time <strong>of</strong>ficers. As in the past, <strong>of</strong>ficers handled the needs <strong>of</strong><br />
a tourist area with flexible judgment and common sense. <strong>The</strong> co-operation <strong>of</strong> the OPP<br />
<strong>of</strong>ficers, <strong>Lambton</strong> <strong>Shores</strong>’ staff and Council allowed <strong>of</strong>ficers to apply municipal bylaws in<br />
a fair but firm manner. Heightened enforcement in Plan 24 during peak periods<br />
achieved the desired result <strong>of</strong> fewer complaints and better behavior by tenants.<br />
Bylaw <strong>of</strong>ficers issued 2032 parking infractions, 447 <strong>of</strong> which were issued on Main Street<br />
Grand Bend.<br />
Bylaw <strong>of</strong>ficers issued 39 charges under the Provincial Offenses Act:<br />
Breakdown <strong>of</strong> P.O.A. charges:<br />
Public Nuisance 10<br />
Glass on Beach 10<br />
Safety on Beach 03<br />
Nuisance on Beach 02<br />
Noise 14<br />
Total 39<br />
This compares with 40 P.O.A. charges laid in 2011. Noise charges were down from 17<br />
last year with the biggest change occurring at the corner <strong>of</strong> Woodward and Centre<br />
Streets, which dropped from 09 charges in 2011 to only 02 charges in 2012. 5 charges<br />
were laid in the “Shady Lane” area, and the other 8 were spread throughout the<br />
community.<br />
P.O.A. charges on the beach were up from 09 in 2011 to 15 in 2012. Extra hours used<br />
for Plan 24 in 2012 totaled 146 at a cost <strong>of</strong> $3,212.00 out <strong>of</strong> the $5,000.00 budgeted.<br />
Breakdown <strong>of</strong> extra hours by month were:<br />
May 30<br />
June 49<br />
July 42<br />
August 15<br />
September 10<br />
May and June are Prom months and July is the busiest tourist/rental month. Extra staff<br />
was utilized on a perceived need basis with more frequently weekend day patrols, extra<br />
bodies at night and earlier start times. This created more enforcement visibility and in<br />
most cases nipped potential problems in the bud. <strong>The</strong> knowledge <strong>of</strong> the property lines<br />
and the controlled parking at Centre and Woodward were also factors in reducing<br />
problems at that location. Co-operation from the landlords at 11 and 13 Woodward was<br />
appreciated.<br />
43
<strong>The</strong>re continues to be a need for more visible signage on Main Street, and a list <strong>of</strong> sign<br />
replacements and additions/alteration will be provided to the Community Services<br />
Department. This list will encompass parking lots, back and side streets in Plan 24 and<br />
entrance points to Grand Bend from all major links.<br />
We have 3 trials scheduled for November 2012, all related to noise charges. (Note: all<br />
charges were upheld)<br />
People sleeping in their vehicles especially during the long weekend in May increased<br />
this year. It is suggested that the fine for 2am – 6am overnight parking be increased<br />
from the current $40 or a separate category created on the ticket which levies a stiff fine<br />
for occupying a parked vehicle during restricted hours. Minor revisions are also needed<br />
to the “Streets Bylaw” to allow tickets to be issued anyone relieving themselves in our<br />
parking lots or on municipal property.<br />
Overall, I consider bylaw enforcement during the summer <strong>of</strong> 2012 successful. We were<br />
frequently at saturation with the excellent weather. In spite <strong>of</strong> the “over enforcement”<br />
comments received, crowds and full parking lots indicate that our community <strong>of</strong>fers<br />
more than enough to compensate people for 1-3 hour drives and $20 parking fees.<br />
Most people love our safe, clean beach and beautiful Main Street and even comment<br />
positively on the helpfulness and visibility <strong>of</strong> OPP and bylaw patrols as well as the<br />
presence <strong>of</strong> lifeguards. We do our best, and to most visitors and residents that is good<br />
enough.<br />
(Report prepared by Keith Crawford, North Area By-Law Enforcement Officer)<br />
<strong>Lambton</strong> <strong>Shores</strong> South- 2012 Bylaw Enforcement Report:<br />
<strong>The</strong> summer <strong>of</strong> 2012 started in early April due to the warm weather and was busy until<br />
the Labour Day weekend. Most weekends had good weather resulting in numerous<br />
visitors to the beach especially on Holiday weekends.<br />
<strong>The</strong> revised boat launch area at Ipperwash worked very well with only two incidents <strong>of</strong><br />
boaters parking and leaving their vehicles in the prohibited area. <strong>The</strong> usual parking<br />
problems in Windsor Park subdivision continue and meetings are being planned for<br />
early in the new year with the Windsor Park residents.<br />
<strong>The</strong> following complaints were investigated or infractions issued:<br />
Property Standards Investigations (major) 9<br />
Property Standards Investigations (minor) 13<br />
Property Standards Investigation follow-up 27<br />
Grass and Weed complaints (Tidy Yard) 10<br />
Fence By-law investigations 4<br />
Sign By-law investigations 7<br />
Giant Hog Weed investigations 4<br />
44
Parking exemption request re Council meetings 8<br />
Parking complaints 8<br />
Dog complaints (barking, strays etc.) 42<br />
Dogs taken to Sarnia Humane Society 9<br />
Zoning By-law investigations 7<br />
Zoning By-law investigations follow-up 3<br />
Burning Complaints 16<br />
Garbage dumping complaints 1<br />
Street Alteration investigations 2<br />
Noise By-law complaint investigations 3<br />
Chip wagon inspections 2<br />
Livestock Evaluations 1<br />
Weed Control Act investigations 1<br />
Training seminars 2<br />
Seminars attended 3<br />
Meetings attended 5<br />
General Occurrences 21<br />
Grease Trap inspections 5<br />
Dumpster By-law investigation 1<br />
(Report prepared by G.C. Bell, South Area By-Law Enforcement Officer)<br />
BY-LAW ENFORCEMENT SUMMARY<br />
<strong>Lambton</strong> <strong>Shores</strong> is extremely fortunate to employ By-Law Enforcement Officers who<br />
understand the issues, and the need to resolve situations to the benefit <strong>of</strong> all parties<br />
involved. This is especially challenging in <strong>Lambton</strong> <strong>Shores</strong>, as it is an area that serves<br />
both permanent residents and visitors to our area, groups that <strong>of</strong>ten have different goals<br />
and desires.<br />
Respectfully submitted,<br />
Carol McKenzie<br />
Clerk<br />
45
January 3, 2013<br />
<strong>Lambton</strong> <strong>Shores</strong> Community Association<br />
c/o Sharon Weitzel<br />
2950 Line 29, R. R. # 2<br />
Tavistock, Ontario N0B 2R0<br />
Dear Mrs. Weitzel:<br />
I am in receipt <strong>of</strong> the delegation request to attend the Council meeting to discuss by-law<br />
issues in Grand Bend, more particularly, the fences at the corner <strong>of</strong> Woodward and<br />
Centre Streets in Grand Bend.<br />
As you are aware, these fences were the subject <strong>of</strong> Committee <strong>of</strong> Adjustment<br />
deliberation last year, and a decision was rendered that the fences were to conform to<br />
the requirement <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Fence By-Law 80 <strong>of</strong> 2008.<br />
During the course <strong>of</strong> the enforcement <strong>of</strong> the ruling by the Committee <strong>of</strong> Adjustment, the<br />
matter was forwarded to and reviewed by the Municipal solicitor, and it was determined<br />
that there had been a misunderstanding in the interpretation <strong>of</strong> the “yard definitions” in<br />
the Fence By-law 80 <strong>of</strong> 2008 (copy attached)<br />
<strong>The</strong> Definitions in the by-law state:<br />
“Yard” means that part <strong>of</strong> a lot not covered or occupied by any building;<br />
“Yard, exterior side” means a side yard immediately adjoining a street, extending from a<br />
front yard to the rear lot line;<br />
“Yard, front” means a yard that extends across the full width <strong>of</strong> the lot from the front lot<br />
line to the nearest wall <strong>of</strong> the main building on the lot;<br />
“Yard, rear” means a yard that extends across the full width <strong>of</strong> the lot from the rear lot<br />
line to the nearest wall <strong>of</strong> the main building on the lot;<br />
“Yard, side” means a yard that extends from the front yard to the rear yard and from the<br />
side line <strong>of</strong> a lot to the nearest wall <strong>of</strong> the main building on the lot.<br />
<strong>The</strong> drawing on the last page <strong>of</strong> the by-law provides a visual representation <strong>of</strong> the<br />
definitions.<br />
46
A “yard” is only the area from the structure to the property line. <strong>The</strong> fences at the<br />
properties at the corner <strong>of</strong> Centre and Woodward Street are parallel to and in line with<br />
the buildings and do not extend beyond the structure into the front or exterior side<br />
yards, and therefore are not subject to the additional requirements <strong>of</strong> section 2 (c) <strong>of</strong> the<br />
by-law.<br />
While this may not be visibly pleasing, it is in compliance with the Fence By-Law<br />
regulations. Situations such as this were not likely envisioned when the Fence By-law<br />
was drafted, and even if the by-law was to be modified to address this issue, these<br />
fences would be deemed to be “legal non conforming” as they were in existence prior to<br />
the passing <strong>of</strong> the by-law. ( Section 2 (b) explains this further. )<br />
<strong>The</strong> Building Inspector did review the fences and required several modifications to the<br />
gates to ensure proper and safe egress from the property. <strong>The</strong>se modifications were<br />
completed, and the lattice panels were removed from the interior side fence. At the<br />
conclusion <strong>of</strong> the inspection, the fence was deemed to be in compliance with the Fence<br />
By-law requirements.<br />
I apologize that, while this information was shared with several residents, it was not<br />
conveyed to the Association.<br />
With respect to the other By-law enforcement issues noted in the delegation request,<br />
would it be possible to outline the specific concerns, as based on the feedback we<br />
received during 2012, the enhanced patrols in the problem areas resulted in fewer<br />
infractions, and the residents were pleased with the results.<br />
A brief report on By-law Enforcement Issues was considered by Council earlier (copy<br />
attached) and it does note that there will be a more detailed report on the 2012 season<br />
in the near future. Our goal is to stay focused on the issues that impact our residents<br />
and continue with a program <strong>of</strong> additional patrols. In order to ensure all the issues are<br />
covered in the report, and any additional needs considered, would it be possible to meet<br />
with the Association and discuss any outstanding issues?<br />
If the Association still wishes to be a delegation at Council at the January 14 meeting,<br />
please let me know.<br />
Thank you<br />
Carol McKenzie<br />
Clerk<br />
47
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
BY-LAW 80-2008<br />
A By-law to Prescribe the Height and Type <strong>of</strong> Fences<br />
WHEREAS pursuant to the Municipal Act, S.O., 2001, C. 25, S. 11 a Council may pass a<br />
by-law respecting matters within the spheres <strong>of</strong> jurisdiction regulating structures, including<br />
fences and signs;<br />
AND WHEREAS it is deemed expedient and desirable to pass a by-law to regulated the<br />
erection and maintenance <strong>of</strong> fences:<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. DEFINITIONS<br />
For the purposes <strong>of</strong> this by-law, the following definitions shall apply:<br />
“Building Inspector” means a Building Inspector <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong>;<br />
“By-law Enforcement Officer” shall mean a By-law Enforcement Officer appointed by the<br />
Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>;<br />
“Council” means the Council <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>;<br />
“Corner Visibility Triangle” means the portion <strong>of</strong> a corner lot within the triangular area<br />
formed by measuring 7.5 metres (25 feet) in each direction from the point where two<br />
property lines intersect at the street lot line corner; (See “ Diagram 1”)<br />
“Driveway” means a vehicle access provided between a street and a parking area/space<br />
or a loading space;<br />
“Driveway Visibility Triangle” means the triangular area formed by measuring 4.5 metres<br />
(15 feet) down the driveway and 4.5 metres (15 feet) down the side lot line abutting a<br />
street, regardless <strong>of</strong> whether or not the DVT is on the subject lot or the adjacent<br />
neighbour’s property. (See “Diagram 1”)<br />
“Electrical Fence” means a fence through which electricity passes;<br />
“Erect” includes alter, construct, plant, grow, place and relocate;<br />
“Fence” includes a railing, wall, line <strong>of</strong> posts, wire, masonry, gate, boards or pickets or<br />
other similar substances, used to enclose or divide in whole or in part a yard or other land,<br />
or to establish a property boundary, and includes a continual hedge, but does not include<br />
a retaining wall;<br />
48
By-Law 80-2008 – Fence By-law Page 2<br />
“Fence – open type construction” means a fence constructed so that its vertical surface<br />
area is unobstructed, enabling motorists and pedestrians to have a clear view through<br />
such fence (e.g. a fence <strong>of</strong> chain link construction, wrought iron, etc);<br />
“Fence – solid type construction” means a fence constructed so that its vertical surface is<br />
obstructed, preventing motorists and pedestrians from having a clear view through such<br />
fence;<br />
“Height” is measured from the ground where the fence posts are embedded to the top <strong>of</strong><br />
the fence.<br />
“Hydro Massage Pool” includes pools commonly referred to as hot tubs, whirlpools, a<br />
Jacuzzi or a spa;<br />
“Lot” means any parcel <strong>of</strong> land which can be occupied or used or otherwise disposed <strong>of</strong><br />
separately and apart from any abutting lands, whether or not such parcel is described in a<br />
registered deed or shown on a registered plan <strong>of</strong> subdivision;<br />
“Owner” means the person who holds legal title to a piece <strong>of</strong> property or has an equitable<br />
interest in the same;<br />
“Pond” means a confined body <strong>of</strong> water (which may contain fish and/or plants) which is<br />
located in an area zoned to permit residential development but does not include farming<br />
areas or ponds located more than 150 metres (500 feet) from an area zoned to permit<br />
residential development.<br />
“Street” shall mean a public highway which provides the principal means <strong>of</strong> vehicular<br />
access to abutting lots and includes its sidewalks and boulevards;<br />
“Street Line” means the boundary between a street and a lot separating the lot from the<br />
abutting street;<br />
“Swimming Pool” means a privately-owned outdoor swimming pool, constructed or<br />
fabricated and located for swimming, wading, diving, and bathing and which when filled is<br />
capable <strong>of</strong> containing a depth <strong>of</strong> 75 cm (29.5”) or more <strong>of</strong> water, has a surface area <strong>of</strong><br />
more than 1 square metre ( 10.8 sq. feet), but does not include a wading pool which is not<br />
capable <strong>of</strong> containing a depth <strong>of</strong> more than 75 cm (29.5”) <strong>of</strong> water and which may be<br />
emptied on a daily or frequent basis, not does it include a pond or reservoir utilized solely<br />
for farming purposes;<br />
“Swimming Pool Area” means the swimming pool plus any area which lie within the<br />
swimming pool enclosure;<br />
“Swimming pool enclosure” means the fence and gate or gates around a privately-owned<br />
outdoor swimming pool/pond restricting access, and includes the wall <strong>of</strong> a building or<br />
structure;<br />
“Yard” means that part <strong>of</strong> a lot not covered or occupied by any building;<br />
49
By-Law 80-2008 – Fence By-law Page 3<br />
“Yard, exterior side” means a side yard immediately adjoining a street, extending from a<br />
front yard to the rear lot line;<br />
“Yard, front” means a yard that extends across the full width <strong>of</strong> the lot from the front lot<br />
line to the nearest wall <strong>of</strong> the main building on the lot;<br />
“Yard, rear” means a yard that extends across the full width <strong>of</strong> the lot from the rear lot line<br />
to the nearest wall <strong>of</strong> the main building on the lot;<br />
“Yard, side” means a yard that extends from the front yard to the rear yard and from the<br />
side line <strong>of</strong> a lot to the nearest wall <strong>of</strong> the main building on the lot.<br />
2. GENERAL PROVISIONS<br />
<strong>The</strong> requirements <strong>of</strong> this by-law apply to all properties within the geographic limits <strong>of</strong> the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>, except where specified otherwise. No permit is required<br />
for a fence that complies with the requirements <strong>of</strong> this by-law.<br />
a) Visibility - Obstruction – prohibited<br />
Notwithstanding any <strong>of</strong> the regulations set out in this by-law, no person shall erect,<br />
construct or permit to be erected or constructed a fence that, in the opinion <strong>of</strong> the<br />
By-Law Enforcement Officer:<br />
(i) obstructs pedestrian or vehicular traffic; or<br />
(ii) obscures clear visibility <strong>of</strong> normal approaching pedestrian or<br />
vehicular traffic<br />
b) Erection – Fence- Non-compliance – Prohibited<br />
No person shall construct, erect, or permit to be erected or constructed any fence<br />
within the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> that does not comply with the provisions<br />
<strong>of</strong> this by-law. A fence that was erected prior to the passing <strong>of</strong> this by-law and was<br />
erected in compliance with the predecessor <strong>of</strong> this by-law and is not moved,<br />
replaced, altered or enlarged in any way shall be considered a “legal fence”.<br />
c) Maximum Height – Front Yards and Exterior Yards (See Diagram 1)<br />
No person shall erect, construct or permit to be erected or constructed, a fence in a<br />
front yard or an exterior side yard unless such fence:<br />
(ii) does not exceed a maximum height <strong>of</strong> 0.91metres (3 feet) measured from the<br />
ground level if a solid type construction or a maximum height <strong>of</strong> 2 metres (6.5 feet)<br />
measured from the ground level if <strong>of</strong> open type construction<br />
d) Maximum Height – All Other Yards (See Diagram 1)<br />
No person shall erect, construct, or permit to be erected or constructed a fence in<br />
an interior side yard or rear yard unless such fence:<br />
50
By-Law 80-2008 – Fence By-law Page 4<br />
(i) does not exceed a height <strong>of</strong> 2 metres (6.5 feet) measured from the ground level;<br />
e) Fence – Condition <strong>of</strong> Development or Redevelopment<br />
Notwithstanding any other provision in this By-law, a fence, which is required and<br />
approved as a condition <strong>of</strong> a site plan agreement for the development or<br />
redevelopment <strong>of</strong> land, shall be deemed to be in conformity with the provisions <strong>of</strong><br />
this by-law<br />
f) Variances<br />
Any person may apply to the Committee <strong>of</strong> Adjustment for a minor variance from<br />
the requirements <strong>of</strong> this by-law.<br />
i) <strong>The</strong> Committee may grant a minor variance if, in its opinion, the general intent<br />
and purpose <strong>of</strong> the Fence By-law are maintained or if the Committee is satisfied,<br />
after allowing input from the applicant and property owners within 60 metres (200<br />
feet), that the variance is appropriate.<br />
ii) <strong>The</strong> Committee may attach terms and conditions to the minor variance.<br />
iii) A minor variance shall be invalid if the terms and conditions are contravened.<br />
3. FENCES AND VEGETATION WITHIN A CORNER VISIBILITY TRIANGLE<br />
AND/OR A DRIVEWAY VISIBILITY TRIANGLE<br />
a) No person shall erect or cause to be erected a fence, hedge or shrubs within<br />
a Corner Visibility Triangle or a Driveway Visibility Triangle as shown on<br />
Diagram 1, unless:<br />
i) it is <strong>of</strong> open-type construction and does not obstruct the visibility <strong>of</strong><br />
motorists and pedestrians; or<br />
ii)<br />
it is <strong>of</strong> solid-type construction and does not exceed 0.9 m (30 inches)<br />
in height above effective ground level.<br />
4. FENCES WITH BARBED WIRE OR OTHER BARBED MATERIAL<br />
a) No person shall erect or cause to be erected on any land used for residential<br />
or commercial purposes, a fence which either contains, or is constructed <strong>of</strong>,<br />
barbed wire or other barbed or sharp material.<br />
b) Barbed wire or other barbed or sharp material may be used on the top and<br />
to the outside <strong>of</strong> fences that are erected on a lot, which meet all the<br />
following criteria:<br />
i) the lot is zoned Industrial in the Zoning By-law;<br />
51
By-Law 80-2008 – Fence By-law Page 5<br />
ii) the barbed wire is located not less than 1.52 metres (5 feet) above<br />
ground level;<br />
iii) the outward projection <strong>of</strong> the barbed wire does not project onto a<br />
neighboring property;<br />
c) Barbed wire may be used on fences lawfully used for agricultural purposes<br />
on land zoned Agricultural, as long as such fence does not abut a residential<br />
zone.<br />
5. ELECTRICAL FENCES<br />
a) Except as provided in section (b), no person shall erect or cause to be<br />
erected an electrical fence on any land;<br />
b) An electrical fence using direct current only may be erected on land while it<br />
is being lawfully used for agricultural purposes, provided such fence:<br />
i) is designed and erected solely to contain animals;<br />
ii) does not abut a residential zone.<br />
6. FENCES AROUND A HYRDO MASSAGE POOL AND SWIMMING POOLS<br />
a) A “Hydro Massage Pools” must be adequately secured by a cover with a<br />
locking device and locked when not in use.<br />
b) <strong>The</strong> owner and/or occupant <strong>of</strong> any lands on which a pool is located shall<br />
erect and maintain a “swimming pool enclosure” that complies with the<br />
provisions <strong>of</strong> this by-law, either around the entire yard containing the<br />
pool or the “swimming pool area”.<br />
c) A swimming pool enclosure shall extend from a maximum <strong>of</strong> no more than 5<br />
cm (2 inches) vertically above ground level to a height that is at least 150 cm<br />
(5 feet), above ground level;<br />
d) Fences forming part <strong>of</strong> the prescribed swimming pool enclosure shall not<br />
contain barbed wire, electrical wiring, sharp projections or any other<br />
dangerous characteristics either on the outside or the inside;<br />
e) If an above-ground swimming pool has as an integral part <strong>of</strong> its<br />
construction, a deck that is level with the top <strong>of</strong> the pool and a Fence around<br />
the deck which has an effective combined height <strong>of</strong> 150 cm (5 feet) above<br />
grade, the fence may be considered as being part <strong>of</strong> the required swimming<br />
pool enclosure;<br />
f) <strong>The</strong> walls <strong>of</strong> an above-ground swimming pool may be used as part <strong>of</strong> the<br />
fence.<br />
GATES AND ENTRANCES TO THE POOL AREA<br />
g) Gates which form part <strong>of</strong> the swimming pool enclosure shall be:<br />
52
By-Law 80-2008 – Fence By-law Page 6<br />
i) <strong>of</strong> such construction as will provide a degree <strong>of</strong> safety and<br />
rigidity equivalent to or greater than that <strong>of</strong> a required fence;<br />
ii)<br />
iii)<br />
supported on substantial hinges; and<br />
self-closing and self-latching with the latching device a minimum <strong>of</strong><br />
1.2 metres (4 feet) from grade and on the inside <strong>of</strong> the Gate;<br />
h) Any gate which forms part <strong>of</strong> the swimming pool enclosure shall be kept<br />
closed and locked at all times when not attended by a responsible, adult<br />
person.<br />
7. LINE FENCES IN AN AGRICULTURAL AREA<br />
<strong>The</strong> requirements <strong>of</strong> the Line Fences Act are to be used for fences on lands<br />
designated “Agricultural” in the Official Plan and Zoning By-law.<br />
8. GENERAL<br />
a) In this by-law, unless the context otherwise requires, words imparting the<br />
singular number shall include the plural, and words imparting the feminine<br />
gender shall include the masculine and, further, the converse <strong>of</strong> the<br />
foregoing also applies where the context so requires.<br />
b<br />
Conflicts – other by-laws<br />
In the event <strong>of</strong> any conflict between provisions <strong>of</strong> this by-law and any<br />
provisions <strong>of</strong> any other <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> By-laws, relating to<br />
fencing, the provisions <strong>of</strong> this by-law shall prevail.<br />
9. ADMINISTRATION AND ENFORCEMENT<br />
a) In the event that the <strong>Municipality</strong> receives complaints regarding a fence, the Bylaw<br />
Enforcement Officer shall inspect such fence. If, in the opinion <strong>of</strong> the Bylaw<br />
Enforcement Officer, the fence does not meet provisions <strong>of</strong> the by-law, the<br />
By-law Enforcement Officer shall require, in writing, the owner, agent or person<br />
responsible for the fence to comply with the provisions <strong>of</strong> this by-law. Failure to<br />
comply shall be considered a contravention <strong>of</strong> the by-law which is subject to the<br />
penalty set out in Section 10 <strong>of</strong> this by-law.<br />
Notice in writing is deemed delivered when it has been:<br />
i) personally served;<br />
ii) sent by regular mail to the address <strong>of</strong> the owner, as shown on the last<br />
revised assessment roll, on the seventh day after mailing; and/or<br />
iii) when posted on the <strong>of</strong>fending fence.<br />
53
By-Law 80-2008 – Fence By-law Page 7<br />
10. PENALTY<br />
Every person who contravenes any provisions <strong>of</strong> this by-law is guilty <strong>of</strong> an <strong>of</strong>fence<br />
and subject to the provisions <strong>of</strong> <strong>The</strong> Provincial Offences Act.<br />
11. SEVERABILITY<br />
If a court <strong>of</strong> competent jurisdiction declares any Section or Subsection <strong>of</strong> this bylaw<br />
invalid, the remainder <strong>of</strong> this by-law shall continue in force unless the court<br />
makes an order to the contrary.<br />
12. TITLE<br />
<strong>The</strong> short title <strong>of</strong> this by-law is the “<strong>Lambton</strong> <strong>Shores</strong> Fence By-law”.<br />
13. REPEAL OF PREVIOUS BY-LAWS<br />
By-laws passed by the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and the former<br />
municipalities including the Village <strong>of</strong> Arkona, the Town <strong>of</strong> Bosanquet, the Village<br />
<strong>of</strong> Grand Bend, the Town <strong>of</strong> Forest and the Village <strong>of</strong> <strong>The</strong>dford that are<br />
inconsistent with the provisions <strong>of</strong> this by-law are hereby repealed.<br />
14. DATE BY-LAW COMES INTO FORCE<br />
This by-law comes into force and effect when finally passed.<br />
Read a FIRST and SECOND time this 17 th day <strong>of</strong> November, 2008.<br />
READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF NOVEMBER 2008.<br />
“Gord Minielly”<br />
MAYOR<br />
“Carol McKenzie”<br />
CLERK<br />
54
By-Law 80-2008<br />
Diagram 1.<br />
55
THE MUNCIPALITY OF LAMBTON SHORES<br />
PL Report No. 05-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Patti Richardson, Senior Planner<br />
OFFICIAL PLAN AMENDMENT APPLICATION OP-04/2012<br />
ZONING BY-LAW AMENDMENT APPLICATION ZO-08/2012<br />
LOCATION: 6472 Cedar Point Line<br />
OWNER: Martin Leenders<br />
RECOMMENDATION:<br />
That Official Plan Amendment Application OP-04/2012,<br />
submitted by Martin Leenders requesting an amendment to<br />
the <strong>Lambton</strong> <strong>Shores</strong> Official Plan and Zoning By-law as it<br />
relates to lands known as 6472 Cedar Point Line, to allow the<br />
creation <strong>of</strong> a new non-farm dwelling lot for a dwelling which is<br />
surplus to a farming operation as result <strong>of</strong> a farm consolidation<br />
be APPROVED.<br />
That Zoning By-law Amendment Application ZO-04/2012,<br />
submitted Martin Leenders, requesting an amendment to the<br />
<strong>Lambton</strong> <strong>Shores</strong> Zoning By-law 1 <strong>of</strong> 2003 as it relates to lands<br />
known as 6472 Cedar Point Line to:<br />
a) prohibit the construction <strong>of</strong> a new dwelling on the<br />
remnant farm parcel after the severance <strong>of</strong> the surplus<br />
dwelling;<br />
b) allow a 201 m² accessory building to remain on the<br />
proposed non-farm dwelling lot<br />
be APPROVED<br />
and that the By-laws to implement the amendments to the<br />
Official Plan and Zoning By-law be adopted.<br />
REPORT<br />
<strong>The</strong>se applications were considered by Council as their September 17, 2012 and<br />
Council passed the following resolutions:<br />
59
Moved by: Councillor Russell<br />
Seconded by: Councillor Cook<br />
That the Official Plan Amendment Application OP-04/12 and Zoning Bylaw<br />
Amendment Application ZO-08/12 submitted by Martin Leenders<br />
requesting an amendment to the <strong>Lambton</strong> <strong>Shores</strong>’ Official Plan as it<br />
relates to lands known as 6472 Cedar Point Line, to allow the creation <strong>of</strong> a<br />
new non-farm dwelling lot for a dwelling which is surplus to a farming<br />
operation as a result <strong>of</strong> a farm consolidation be tabled, pending:<br />
a) Staff and the applicant evaluating whether the creation <strong>of</strong> a non-farm<br />
dwelling lot will impact animal operations in the area; and<br />
b) <strong>The</strong> County and the <strong>Municipality</strong> being satisfied that the proposed nonfarm<br />
lot can support a new septic system.<br />
Carried<br />
Staff have, with the applicant’s agent, reviewed the property’s location in relation to the<br />
large animal operation located on 8070 Rawlings Road and operated by Eusi Farms<br />
Limited (Eugin Bergin) and find that there are eight other dwellings in the general area<br />
which are located closer to the animal operation than the dwelling on the subject lands and<br />
thus would impact the animal operation before the dwelling on the subject lands.<br />
<strong>The</strong> septic system serving the subject dwelling has been replaced under permit from the<br />
County.<br />
In light <strong>of</strong> the above I can recommend that the applications be approved as they comply<br />
with provincial policy. <strong>The</strong>refore, I have prepared the <strong>of</strong>ficial plan amendment and<br />
amending by-law for Council review and approval.<br />
Respectfully submitted<br />
Patti L. Richardson<br />
Senior Planner<br />
60
OFFICIAL PLAN AMENDMENT APPLICATION OP-04/2012<br />
ZONING BY-LAW AMENDMENT APPLICATION ZO-08/2012<br />
LOCATION: 6472 Cedar Point Line<br />
OWNER: Martin Leenders<br />
61
AMENDMENT NO. 36<br />
TO THE MUNICIPALITY OF LAMBTON SHORES<br />
OFFICIAL PLAN<br />
62
MUNICIPALITY OF LAMBTON SHORES<br />
Official Plan Amendment No. 36<br />
This amendment was adopted by the Council <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong> by By-Law 13 <strong>of</strong> 2013 in accordance with the provisions <strong>of</strong> Section 21<br />
(1) and 19 (15) <strong>of</strong> the Planning Act, R.S.O. 1990, on the 28th day <strong>of</strong> January, 2013.<br />
Corporate<br />
Seal<br />
_____________________<br />
Mayor Bill Weber<br />
______________________<br />
Clerk Carol McKenzie<br />
CERTIFICATE OF COMPLIANCE<br />
WITH PUBLIC INVOLVEMENT<br />
AND NOTICE REQUIREMENT<br />
I, Carol McKenzie, Clerk for the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>, hereby certify that the<br />
requirements for the holding <strong>of</strong> at least one public meeting as set out in subsection 19(15)<br />
<strong>of</strong> the Planning Act, R.S.O.1990 and the giving notice as set out in subsection 19(19) <strong>of</strong><br />
the Planning Act, R.S.O.1990, have been complied with.<br />
_______________________<br />
Clerk Carol McKenzie<br />
63
MUNICIPALITY OF LAMBTON SHORES<br />
BY-LAW NUMBER 13 OF 2013<br />
WHEREAS the Council <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> deems it<br />
advisable to adopt AMENDMENT NO. 36 to the <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />
NOW THEREFORE the Council <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong>, in accordance with the provisions <strong>of</strong> Section 18 (22) <strong>of</strong> the Planning Act,<br />
R.S.O. 1990, hereby enacts as follows:<br />
1. Amendment No. 36 <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Official Plan consisting<br />
<strong>of</strong> the attached text and maps is hereby adopted.<br />
2. <strong>The</strong> Clerk is hereby authorized and directed to make application to the County <strong>of</strong><br />
<strong>Lambton</strong> for approval <strong>of</strong> Amendment No.36 to the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
Official Plan.<br />
3. This By-Law shall come into force and take effect on the day <strong>of</strong> the final passing<br />
there<strong>of</strong>.<br />
Read a First and Second Time this 28 th Day <strong>of</strong> January, 2013.<br />
READ A THIRD TIME AND FINALLY PASSED THIS 28 th day <strong>of</strong> January, 2013.<br />
Bill Weber, Mayor<br />
_____ _<br />
Carol McKenzie, Clerk<br />
64
INDEX<br />
PAGE<br />
STATEMENT OF COMPONENTS 1<br />
PART A - THE PREAMBLE<br />
1. PURPOSE .......................................................................................... 2<br />
2. LOCATION ......................................................................................... 2<br />
3. BASIS ................................................................................................. 2<br />
PART B - THE AMENDMENT<br />
1. INTRODUCTION ................................................................................ 5<br />
2. DETAILS OF THE AMENDMENT ...................................................... 5<br />
3. IMPLEMENTATION AND INTERPRETATION .................................. 5<br />
PART C - APPENDIX ............................................................................................... 7<br />
65
STATEMENT OF COMPONENTS<br />
PART A - THE PREAMBLE does not constitute part <strong>of</strong> this amendment.<br />
PART B - THE AMENDMENT consisting <strong>of</strong> the following text and map (designated<br />
Schedule 'A') constitutes Amendment No. 36 to the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
Official Plan.<br />
PART C - APPENDIX does not constitute part <strong>of</strong> this amendment. This appendix<br />
contains background data, planning considerations and a record <strong>of</strong> the public<br />
involvement associated with this amendment.<br />
66
PART A – THE PREAMBLE<br />
Purpose<br />
<strong>The</strong> purpose <strong>of</strong> this amendment is to allow the creation <strong>of</strong> a new non-farm dwelling lot<br />
for a dwelling which is surplus to a farming operation as result <strong>of</strong> a farm consolidation.<br />
Location<br />
<strong>The</strong> lands affected by this amendment comprise lands described as the West Part <strong>of</strong><br />
Lot 9, Concession 13, Geographic Township <strong>of</strong> Bosanquet, now the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong> and known municipally as 6472 Cedar Point Line and are shown on<br />
Schedule “A” to this Amendment. <strong>The</strong> subject lands are located on the northeast corner<br />
<strong>of</strong> Rawlings Road (Highway 21) and Cedar Pont Line.<br />
Basis<br />
<strong>The</strong> lands are currently designated “Agriculture” in the <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />
<strong>The</strong> primary use <strong>of</strong> lands located within the “Agricultural” designation include the<br />
growing <strong>of</strong> crops, including nursery and horticultural crops; raising <strong>of</strong> livestock and other<br />
animals for food, or fur, including poultry and fish; aquaculture; agro-forestry; maple<br />
syrup production; and associated on-farm buildings and structures including accessory<br />
farm dwellings.<br />
<strong>The</strong> Official Plan indicates that the minimum lot size for agricultural uses shall generally<br />
be 40 hectares. <strong>The</strong> proposed retained farm parcel will have a lot area <strong>of</strong> 19.4 (48<br />
acres) hectares. <strong>The</strong> farm parcel as it exists today does not meet the policy in the<br />
Official Plan. After the severance <strong>of</strong> the surplus farm dwelling, the surplus farm dwelling<br />
lot will be only marginally smaller than exists today.<br />
Section 1.11 <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Official Plan states:<br />
A severance to create a new non-farm lot may be permitted for infilling purposes,<br />
provided Council is satisfied that the lot to be created and the proposed retained<br />
farm lot comply with the following polices:<br />
i) infilling will be limited to the creation <strong>of</strong> one residential lot between two<br />
existing non-farm residences which are on separate lots <strong>of</strong> a similar size<br />
and which are situated on the same side <strong>of</strong> the road and are not more than<br />
61 metres apart;<br />
ii)<br />
only one non-farm single-detached residential lot will be permitted to be<br />
severed from an original farm lot;<br />
iii) the proposed non-farm single-detached dwelling lot meets the<br />
requirements <strong>of</strong> the Province, the County, the Health Unit and the<br />
67
<strong>Municipality</strong> regarding water supply and sewage disposal;<br />
iv)<br />
the proposed non-farm single-detached dwelling is located in compliance<br />
with the Minimum Distance Separation formulae; and<br />
v) the proposed non-farm single-detached dwelling lot has direct access to an<br />
improved year round public road and the access does not result in traffic<br />
hazards due to poor sight lines or proximity to an intersection.<br />
Provincial Policy Statement 2005<br />
Section 2.3.1 <strong>of</strong> the 2005 Provincial Policy Statement states that Prime Agricultural<br />
areas shall be protected for long-term use for agriculture.<br />
Further, Section 2.3.4.1 <strong>of</strong> the Provincial Policy Statement indicates the following:<br />
Lot Creation in prime agricultural areas is discouraged and may be permitted for:<br />
c) a residence surplus to a farming operation as a result <strong>of</strong> farm consolidation<br />
provided that the planning authority ensures that new residential dwellings are<br />
prohibited on any vacant remnant parcel <strong>of</strong> farmland created by severance.<br />
<strong>The</strong> approach used to ensure that no new residential dwellings are permitted<br />
on the remnant parcel may be recommended by the Province, or based on<br />
municipal approaches which achieve the same objective: and<br />
<strong>The</strong> 2005 Provincial Policy Statement defines “residence surplus to a farming operation<br />
as<br />
” an existing farm residence that is rendered surplus as a result <strong>of</strong> farm<br />
consolidation (the acquisition <strong>of</strong> additional farm parcels to be operated as one<br />
farm operation).<br />
Finally, Section 2.3.3.3 states:<br />
“New land uses, including the creation <strong>of</strong> lots, and new and expanding livestock<br />
facilities shall comply with the minimum distance separation formulae.”<br />
<strong>The</strong> 1997 Provincial Policy Statement, on which the present Official Plan policies were<br />
based and which has been superseded by the 2005 Policy Statement, provided the<br />
following with respect to the creation <strong>of</strong> new residential lots:<br />
Lot Creation in prime agricultural Areas is generally discouraged and will be<br />
permitted only in the following situations:<br />
(a) new lots for residential uses may be permitted for :<br />
68
1. a farm retirement lot;<br />
2. a residence surplus to a farming operation; and<br />
3. residential infilling.<br />
Mr. Leenders and his parents are cash crop and swine farmers. <strong>The</strong>y own 140 acres <strong>of</strong><br />
land in <strong>Lambton</strong> <strong>Shores</strong> and 109 acre in Perth County. <strong>The</strong>y also rent 80 acres <strong>of</strong> land<br />
in Perth<br />
County. Mr. Leenders lives on his farm on Perth and has no use for the dwelling on the<br />
subject lands. As a result they would like to dispose <strong>of</strong> it. This would be permitted by<br />
the 2005 Provincial Policy Statement, but not the <strong>Lambton</strong> <strong>Shores</strong> Official Plan which<br />
has not been updated to reflect the 2005 Policy Statement.<br />
<strong>The</strong> Policy Statement would require that the retained farm parcel be zoned to prohibit<br />
the construction <strong>of</strong> a new farm dwelling on the lands. <strong>The</strong> applicants have applied for a<br />
zoning amendment to prohibit a new dwelling on the farm parcel.<br />
As well, the Provincial Policy Statement requires that the creation <strong>of</strong> lots comply with the<br />
minimum distance separation formulae (MDS). Mr. Eugin Burgin attended the <strong>of</strong>fice in<br />
Forest on September 11 and expressed concern that the severance as proposed may<br />
impact his large animal operation on lands to the south. A review <strong>of</strong> the property’s<br />
location in relation to the large animal operation located on 8070 Rawlings Road and<br />
operated by Eusi Farms Limited (Eugin Bergin) finds that there are eight other dwellings in<br />
the general area which are located closer to the animal operation than the dwelling on the<br />
subject lands and thus would impact the animal operation before the dwelling on the<br />
subject lands.<br />
<strong>The</strong> septic system serving the subject dwelling has been replaced under permit from the<br />
County.<br />
69
PART B – THE AMENDMENT<br />
Introduction<br />
All <strong>of</strong> this part <strong>of</strong> the document entitled Part B - <strong>The</strong> Amendment, consisting <strong>of</strong> the<br />
following text and attached map, designated Schedule “A” (Land Use Plan), constitutes<br />
Amendment No. 36 to the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />
Details <strong>of</strong> the Amendment<br />
<strong>The</strong> following amendments affect lands shown on Schedule “A” to this Amendment.<br />
Section 1.11(e) <strong>of</strong> the Official Plan for the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> is hereby<br />
amended by adding the following to Section 1.11(e) after section (xviii)<br />
; and<br />
(xix) West Part <strong>of</strong> Lot 9, Concession 13, Geographic Township <strong>of</strong> Bosanquet, now<br />
the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and known municipally as 6472 Cedar<br />
Point Line;<br />
Implementation and Interpretation<br />
<strong>The</strong> implementation and interpretation <strong>of</strong> this amendment shall be in accordance with<br />
the respective policies <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />
70
PART C - THE APPENDIX<br />
<strong>The</strong> following appendix does not constitute part <strong>of</strong> Amendment No. 32 but is included as<br />
information supporting the amendment.<br />
APPENDIX 1......................................Planner’s Report No. 31 <strong>of</strong> 2012- September 11,<br />
2012<br />
APPENDIX 2......................................Minutes <strong>of</strong> Public Meeting – September 12, 2012<br />
APPENDIX 3 …………………………Planner’s Report No. 5 <strong>of</strong> 2013 – January 22, 2013<br />
71
APPENDIX 1<br />
THE MUNCIPALITY OF LAMBTON SHORES<br />
PL Report No. 31-2012 Tuesday, September 11, 2012<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Patti Richardson, Senior Planner<br />
OFFICIAL PLAN AMENDMENT APPLICATION OP-04/2012<br />
ZONING BY-LAW AMENDMENT APPLICATION ZO-08/2012<br />
LOCATION: 6472 Cedar Point Line<br />
OWNER: Martin Leenders<br />
RECOMMENDATION:<br />
That Official Plan Amendment Application OP-04/2012 and<br />
Zoning By-law Amendment Application ZO-08/2012 submitted<br />
by Martin Leenders requesting an amendment to the <strong>Lambton</strong><br />
<strong>Shores</strong>’ Official Plan as it relates to lands known as 6472 Cedar<br />
Point Line, to allow the creation <strong>of</strong> a new non-farm dwelling lot<br />
for a dwelling which is surplus to a farming operation as result <strong>of</strong><br />
a farm consolidation be TABLED, pending:<br />
a) staff and the applicant evaluating whether the creation <strong>of</strong> a<br />
non-farm dwelling lot will impact animal operations in the<br />
area; and<br />
b) the County and <strong>Municipality</strong> being satisfied that the<br />
proposed non-farm lot can support a new septic system.<br />
_____________________________________________________________________<br />
REPORT<br />
Summary <strong>of</strong> the Application<br />
<strong>The</strong> Applicant, Martin Leenders, is requesting:<br />
Official Plan Amendment Application<br />
An amendment to the “Agricultural” policies in the <strong>Lambton</strong> <strong>Shores</strong> Official Plan to<br />
permit the creation <strong>of</strong> a new 0.8 hectare non-farm dwelling lot for a dwelling which is<br />
surplus to a farming operation as a result <strong>of</strong> a farm consolidation.<br />
Zoning By-law Amendment Application<br />
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an amendment to the Agricultural 1 (A1) zone in Zoning By-law 1 <strong>of</strong> 2003:<br />
(a) as it affects the remnant farm parcel to prohibit the construction <strong>of</strong> a new dwelling<br />
on the farm parcel after the severance <strong>of</strong> the surplus dwelling and to allow a lot<br />
area <strong>of</strong> approximately 48 acres; and<br />
(b) as it affects the proposed severed non-farm dwelling lot to allow a 200 m²<br />
accessory buildings to remain on the proposed non-farm dwelling lot.<br />
<strong>The</strong> applications are being proposed in order to allow the existing farm dwelling and<br />
accessory building to be severed from the farm parcel and sold as a non-farm dwelling.<br />
<strong>The</strong> proposed severed dwelling is excess to the owner’s needs as he resides on<br />
another farm.<br />
Location<br />
<strong>The</strong> subject lands are located on the northeast corner <strong>of</strong> Rawlings Road (Highway 21)<br />
and Cedar Pont Line. <strong>The</strong> lands are occupied by a dwelling and a 200m² (2160 sq. ft.)<br />
shed. <strong>The</strong> lands have frontage <strong>of</strong> approximately 500 metres (1,640 ft.) and a lot area <strong>of</strong><br />
hectares (50 acres). Lands to the north, east and west are under cultivation. A large<br />
animal operation exists on lands to the south.<br />
Correspondence<br />
An email has been received from Corrine Nauta, Chief Building Official and Manager <strong>of</strong><br />
Building Services, County <strong>of</strong> <strong>Lambton</strong>, advising that there are no septic records for the<br />
lands.<br />
Mr. Eugin Burgin attended the Forest <strong>of</strong>fice and expressed concern about the impact<br />
the creation <strong>of</strong> a non-farm lot might have on his extensive animal operation located to<br />
the south.<br />
Discussion<br />
<strong>The</strong> lands are currently designated “Agriculture” in the <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />
<strong>The</strong> primary use <strong>of</strong> lands located within the “Agricultural” designation include the<br />
growing <strong>of</strong> crops, including nursery and horticultural crops; raising <strong>of</strong> livestock and other<br />
animals for food, or fur, including poultry and fish; aquaculture; agro-forestry; maple<br />
syrup production; and associated on-farm buildings and structures including accessory<br />
farm dwellings.<br />
<strong>The</strong> Official Plan indicates that the minimum lot size for agricultural uses shall generally<br />
be 40 hectares. <strong>The</strong> proposed retained farm parcel will have a lot area <strong>of</strong> 19.4 (48<br />
acres) hectares. <strong>The</strong> farm parcel as it exists today does not meet the policy in the<br />
Official Plan. After the severance <strong>of</strong> the surplus farm dwelling, the surplus farm dwelling<br />
lot will be only marginally smaller than exists today. I have no concerns with the<br />
73
emnant farm parcel size<br />
Section 1.11 <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Official Plan states:<br />
A severance to create a new non-farm lot may be permitted for infilling purposes,<br />
provided Council is satisfied that the lot to be created and the proposed retained<br />
farm lot comply with the following polices:<br />
i) infilling will be limited to the creation <strong>of</strong> one residential lot between two<br />
existing non-farm residences which are on separate lots <strong>of</strong> a similar size<br />
and which are situated on the same side <strong>of</strong> the road and are not more than<br />
61 metres apart;<br />
ii)<br />
only one non-farm single-detached residential lot will be permitted to be<br />
severed from an original farm lot;<br />
iii) the proposed non-farm single-detached dwelling lot meets the<br />
requirements <strong>of</strong> the Province, the County, the Health Unit and the<br />
<strong>Municipality</strong> regarding water supply and sewage disposal;<br />
iv)<br />
the proposed non-farm single-detached dwelling is located in compliance<br />
with the Minimum Distance Separation formulae; and<br />
v) the proposed non-farm single-detached dwelling lot has direct access to an<br />
improved year round public road and the access does not result in traffic<br />
hazards due to poor sight lines or proximity to an intersection.<br />
Provincial Policy Statement 2005<br />
Section 2.3.1 <strong>of</strong> the 2005 Provincial Policy Statement states that Prime Agricultural<br />
areas shall be protected for long-term use for agriculture.<br />
Further, Section 2.3.4.1 <strong>of</strong> the Provincial Policy Statement indicates the following:<br />
Lot Creation in prime agricultural areas is discouraged and may be permitted for:<br />
d) a residence surplus to a farming operation as a result <strong>of</strong> farm consolidation<br />
provided that the planning authority ensures that new residential dwellings are<br />
prohibited on any vacant remnant parcel <strong>of</strong> farmland created by severance.<br />
<strong>The</strong> approach used to ensure that no new residential dwellings are permitted<br />
on the remnant parcel may be recommended by the Province, or based on<br />
municipal approaches which achieve the same objective: and<br />
<strong>The</strong> 2005 Provincial Policy Statement defines “residence surplus to a farming operation<br />
as<br />
74
” an existing farm residence that is rendered surplus as a result <strong>of</strong> farm<br />
consolidation (the acquisition <strong>of</strong> additional farm parcels to be operated as one<br />
farm operation).<br />
Finally, Section 2.3.3.3 states:<br />
“New land uses, including the creation <strong>of</strong> lots, and new and expanding livestock<br />
facilities shall comply with the minimum distance separation formulae.”<br />
<strong>The</strong> 1997 Provincial Policy Statement, on which the present Official Plan policies were<br />
based and which has been superseded by the 2005 Policy Statement, provided the<br />
following with respect to the creation <strong>of</strong> new residential lots:<br />
Lot Creation in prime agricultural Areas is generally discouraged and will be<br />
permitted only in the following situations:<br />
(b) new lots for residential uses may be permitted for :<br />
4. a farm retirement lot;<br />
5. a residence surplus to a farming operation; and<br />
6. residential infilling.<br />
Mr. Leenders and his parents are cash crop and swine farmers. <strong>The</strong>y own 140 acres <strong>of</strong><br />
land in <strong>Lambton</strong> <strong>Shores</strong> and 109 acre in Perth County. <strong>The</strong>y also rent 80 acres <strong>of</strong> land<br />
in Perth County. Mr. Leenders lives on his farm on Perth and has no use for the<br />
dwelling on the subject lands. As a result they would like to dispose <strong>of</strong> it. This would be<br />
permitted by the 2005 Provincial Policy Statement, but not the <strong>Lambton</strong> <strong>Shores</strong> Official<br />
Plan which has not been updated to reflect the 2005 Policy Statement.<br />
<strong>The</strong> Policy Statement would require that the retained farm parcel be zoned to prohibit<br />
the construction <strong>of</strong> a new farm dwelling on the lands. <strong>The</strong> applicants have applied for a<br />
zoning amendment to prohibit a new dwelling on the farm parcel. As well, the Provincial<br />
Policy Statement requires that the creation <strong>of</strong> lots comply with the minimum distance<br />
separation formulae (MDS). As indicated in the correspondence section <strong>of</strong> this report,<br />
Mr. Eugin Burgin attended the <strong>of</strong>fice in Forest on September 11 and expressed concern<br />
that the severance as proposed may impact his large animal operation on lands to the<br />
south. Staff recommends that this applicant be tabled in order that the applicant and<br />
staff can assess possible impacts on Mr. Burgin’s operation.<br />
Zoning<br />
<strong>The</strong> subject lands are zoned “Agricultural 1” in the <strong>Lambton</strong> <strong>Shores</strong> Zoning By-law. <strong>The</strong><br />
Agricultural 1 (A1) zone requires that a farm parcel have a minimum lot area <strong>of</strong> 38<br />
hectares and a minimum lot frontage <strong>of</strong> 150 metres. <strong>The</strong> lands which are to be retained<br />
in agricultural use will have a split lot frontage well in excess <strong>of</strong> 150 metres but a lot<br />
area <strong>of</strong> 19.4 (48 acres) hectares and thus does not comply with the current standards<br />
75
<strong>of</strong> the “A1” zone. <strong>The</strong> “A1” zoning on these lands permits an accessory farm dwelling<br />
as a permitted use. <strong>The</strong> zoning on the remnant farm parcel will be amended by this<br />
application to prohibit the construction <strong>of</strong> a new non-farm dwelling as is required by the<br />
Provincial Policy Statement and will recognize the deficient lot area.<br />
<strong>The</strong> Agricultural 1 (A1) Zone requires that a non-farm dwelling lot have a minimum lot<br />
area <strong>of</strong> 0.8 hectares and a minimum lot frontage <strong>of</strong> 45 metres. <strong>The</strong> surplus dwelling lot<br />
is proposed to have a lot area <strong>of</strong> approximately 0.8 hectares and a lot frontage <strong>of</strong> 83<br />
metres (273 ft.) and thus complies with the minimums established in the A1 zone.<br />
Servicing<br />
<strong>The</strong> proposed non-farm residential lot is serviced by a private septic system and<br />
municipal water. <strong>The</strong> County <strong>of</strong> <strong>Lambton</strong> advises that there are no records indicating<br />
when the septic system was installed and no records <strong>of</strong> its location. In light <strong>of</strong> the<br />
absence <strong>of</strong> records for the property, it is likely that the existing septic system is not to<br />
current standards and should be replaced. <strong>The</strong> County’s minimum lot area standard<br />
established for lots on clay soil is 0.8 hectares and usually a raised bed septic system is<br />
required on clay soils. <strong>The</strong> proposed non-farm residential lot is proposed to have a lot<br />
area <strong>of</strong> 0.8 hectares. I would recommend that the application be tabled pending<br />
verification that a new septic system can be installed on the property and that any<br />
approval <strong>of</strong> the application be conditional on the Applicants satisfying the County and<br />
the <strong>Municipality</strong> that a new septic system is installed on the proposed non-farm<br />
residential lot.<br />
Summary<br />
In light <strong>of</strong> the above, I recommend that these applications be tabled pending<br />
confirmation that the lands can support a septic system and that the creation <strong>of</strong> a new<br />
non-farm dwelling lot does not impact Eugin Burgin’s animal operation to the south.<br />
Respectfully submitted<br />
Patti L. Richardson<br />
Senior Planner<br />
76
OFFICIAL PLAN AMENDMENT APPLICATION OP-04/2012<br />
ZONING BY-LAW AMENDMENT APPLICATION ZO-08/2012<br />
LOCATION: 6472 Cedar Point Line<br />
OWNER: Martin Leenders<br />
77
APPENDIX 2<br />
Excerpt from September 17, 2012 Council Meeting<br />
8.4 PL Report No. 31-2012 – Re: Official Plan Amendment Application and<br />
Zoning By-law Amendment for 6472 Cedar Point Line – Martin Leenders<br />
12-0917-04 Moved by: Councillor Underwood<br />
Seconded by: Councillor Scott<br />
That the Council meeting adjourns at 7:10 p.m. for a public<br />
meeting held under the Planning Act to hear applications for a<br />
Zoning By-law and Official Plan Amendment submitted by<br />
Martin Leenders for property located at 6472 Cedar Point<br />
Line.<br />
Carried<br />
<strong>The</strong> Planner Ms. Richardson advised that the applicant, Mr. Leenders is<br />
requesting an Official Plan Amendment to the “Agricultural” policies to permit the<br />
creation <strong>of</strong> a new 0.8 hectare non-farm dwelling lot for a dwelling which is surplus<br />
to a farming operation as a result <strong>of</strong> a farm consolidation.<br />
She further advised that the applicant is requesting a Zoning By-law Amendment<br />
to the Agricultural 1 (A)) zone <strong>of</strong> Zoning By-law 1 <strong>of</strong> 2003 as it affects the<br />
remnant parcel to prohibit the construction <strong>of</strong> a new dwelling on the farm parcel<br />
after the severance <strong>of</strong> the surplus dwelling and to allow a lot area <strong>of</strong><br />
approximately 48 acres and as it affects the proposed severed non-farm dwelling<br />
lot to allow a 200 m 2 accessory building to remain on the proposed non-farm<br />
dwelling lot.<br />
Ms. Richardson recommended to Council that the application for an Official Plan<br />
Amendment and Zone Amendment be tabled pending confirmation from the<br />
County that the lands can support a septic system and until it is confirmed that<br />
the creation <strong>of</strong> a new non-farm dwelling lot does not impact the neighbouring<br />
animal operation to the south.<br />
12-0917-05 Moved by: Councillor Scott<br />
Seconded by: Councillor Russell<br />
That the public meeting closes and the regular Council<br />
meeting reconvenes at 7:17 p.m.<br />
Carried<br />
12-0917-06 Moved by: Councillor Russell<br />
Seconded by: Councillor Cook<br />
78
That the Official Plan Amendment Application OP-04/12 and<br />
Zoning By-law Amendment Application ZO-08/12 submitted<br />
by Martin Leenders requesting an amendment to the<br />
<strong>Lambton</strong> <strong>Shores</strong>’ Official Plan as it relates to lands known as<br />
6472 Cedar Point Line, to allow the creation <strong>of</strong> a new nonfarm<br />
dwelling lot for a dwelling which is surplus to a farming<br />
operation as a result <strong>of</strong> a farm consolidation be tabled,<br />
pending:<br />
a) Staff and the applicant evaluating whether the creation <strong>of</strong><br />
a non-farm dwelling lot will impact animal operations in<br />
the area; and<br />
b) <strong>The</strong> County and the <strong>Municipality</strong> being satisfied that the<br />
proposed non-farm lot can support a new septic system.<br />
Carried<br />
79
APPENDIX 3<br />
THE MUNCIPALITY OF LAMBTON SHORES<br />
PL Report No. 05-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Patti Richardson, Senior Planner<br />
OFFICIAL PLAN AMENDMENT APPLICATION OP-04/2012<br />
ZONING BY-LAW AMENDMENT APPLICATION ZO-08/2012<br />
LOCATION: 6472 Cedar Point Line<br />
OWNER: Martin Leenders<br />
RECOMMENDATION:<br />
That Official Plan Amendment Application OP-04/2012,<br />
submitted Martin Leenders requesting an amendment to the<br />
<strong>Lambton</strong> <strong>Shores</strong> Official Plan and Zoning By-law as it relates<br />
to lands known as 6472 Cedar Point Line, to allow the creation<br />
<strong>of</strong> a new non-farm dwelling lot for a dwelling which is surplus<br />
to a farming operation as result <strong>of</strong> a farm consolidation be<br />
APPROVED.<br />
That Zoning By-law Amendment Application ZO-04/2012,<br />
submitted Martin Leenders, requesting an amendment to the<br />
<strong>Lambton</strong> <strong>Shores</strong> Zoning By-law 1 <strong>of</strong> 2003 as it relates to lands<br />
known as 6472 Cedar Point Line to:<br />
a) prohibit the construction <strong>of</strong> a new dwelling on the<br />
remnant farm parcel after the severance <strong>of</strong> the surplus<br />
dwelling;<br />
b) allow a 201 m² accessory building to remain on the<br />
proposed non-farm dwelling lot<br />
be APPROVED<br />
and that the By-laws to implement the amendments to the<br />
Official Plan and Zoning By-law be adopted<br />
REPORT<br />
80
<strong>The</strong>se applications were considered by Council as their September 17, 2012 and<br />
Council passed the following resolutions:<br />
Moved by: Councillor Russell<br />
Seconded by: Councillor Cook<br />
That the Official Plan Amendment Application OP-04/12 and Zoning Bylaw<br />
Amendment Application ZO-08/12 submitted by Martin Leenders<br />
requesting an amendment to the <strong>Lambton</strong> <strong>Shores</strong>’ Official Plan as it<br />
relates to lands known as 6472 Cedar Point Line, to allow the creation <strong>of</strong> a<br />
new non-farm dwelling lot for a dwelling which is surplus to a farming<br />
operation as a result <strong>of</strong> a farm consolidation be tabled, pending:<br />
a) Staff and the applicant evaluating whether the creation <strong>of</strong> a non-farm<br />
dwelling lot will impact animal operations in the area; and<br />
b) <strong>The</strong> County and the <strong>Municipality</strong> being satisfied that the proposed nonfarm<br />
lot can support a new septic system.<br />
Carried<br />
Staff have, with the applicant’s agent, reviewed the property’s location in relation to the<br />
large animal operation located on 8070 Rawlings Road and operated by Eusi Farms<br />
Limited (Eugin Bergin) and find that there are eight other dwellings in the general area<br />
which are located closer to the animal operation than the dwelling on the subject lands and<br />
thus would impact the animal operation before the dwelling on the subject lands.<br />
<strong>The</strong> septic system serving the subject dwelling has been replaced under permit from the<br />
County.<br />
In light <strong>of</strong> the above I can recommend that the applications be approved as they comply<br />
with provincial policy. <strong>The</strong>refore, I have prepared the <strong>of</strong>ficial plan amendment and<br />
amending by-law for Council review and approval.<br />
Respectfully submitted<br />
Patti L. Richardson<br />
Senior Planner<br />
81
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
BY-LAW 14 OF 2013<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 September 17, 2012 under Section 34(12) <strong>of</strong> the<br />
Planning 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<br />
this By-law) is hereby declared to form part <strong>of</strong> this By-law.<br />
2. Section 5.5 <strong>of</strong> By-law 1 <strong>of</strong> 2003 is hereby amended by adding the following thereto:<br />
ddd)<br />
Exception 56 to the Agricultural - 1 Zone<br />
Notwithstanding any other provisions <strong>of</strong> this By-law to the contrary, on lands<br />
zoned Agricultural 1.56 (A1-56) on Schedule “A-1” to this By-law, and<br />
described as the West Part <strong>of</strong> Lot 9, Concession 13, Geographic Township<br />
<strong>of</strong> Bosanquet, <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>, no dwelling unit <strong>of</strong> any kind<br />
shall be permitted and the agricultural lot shall have a minimum lot area <strong>of</strong><br />
19.4 hectares.<br />
eee)<br />
Exception 57 to the Agricultural - 1 Zone<br />
Notwithstanding any other provisions <strong>of</strong> this By-law to the<br />
contrary, on lands zoned Agricultural 1.57 (A1-57) on Schedule<br />
“A-1” to this By-law and known municipally as 6472 Cedar<br />
Point Line, the maximum lot coverage for accessory buildings<br />
shall be 201 m² and the existing accessory building is<br />
considered to be accessory to the residential use.<br />
3. Schedule ‘A-1’ to Zoning By-law 1 <strong>of</strong> 2003 is hereby amended by changing the<br />
zone symbol that applies to those lands as indicated on Schedule ‘A’ to this Bylaw<br />
from the:<br />
“AGRICULTURAL- 1- (A1)”<br />
82
to the<br />
“AGRICULTURAL 1.56 (A1-56)”<br />
And<br />
“AGRICULTURAL 1.57- (A1-57)”<br />
4. This By-law shall come into force and effect pursuant to Section 34(21) or Section<br />
34(30) <strong>of</strong> the Planning Act, R.S.O. 1990.<br />
Read a First and Second Time this 28 th Day <strong>of</strong> January, 2013.<br />
READ A THIRD TIME AND FINALLY PASSED THIS 28 th DAY OF JANUARY, 2013.<br />
Bill Weber, Mayor<br />
_____ _<br />
Carol McKenzie, Clerk<br />
83
MUNICIPALITY OF LAMBTON SHORES<br />
ZONING BY-LAW 14 OF 2013<br />
Explanatory Note<br />
<strong>The</strong> purpose <strong>of</strong> this zoning by-law amendment is to change the Agricultural 1 (A1) zoning<br />
on the lands described as the West Part <strong>of</strong> Lot 9, Concession 13, Geographic Township<br />
<strong>of</strong> Bosanquet, <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and known municipally as 6472 Cedar<br />
Point Line to a :<br />
a) an Agricultural A1.56 (A1-56) Zone on the remnant farm parcel to prohibit the<br />
construction <strong>of</strong> a new dwelling on the remnant farm parcel after the severance <strong>of</strong> the<br />
surplus dwelling and to allow the remnant farm parcel to have a lot area <strong>of</strong> 19.4<br />
hectares.<br />
b) an Agricultural A1.57 (A1-57) Zone on the surplus dwelling lot to allow<br />
an accessory building lot coverage <strong>of</strong> a maximum <strong>of</strong> 201 m².<br />
<strong>The</strong> lands are also subject <strong>of</strong> an Official Plan Amendment Application (OP-04/2012)<br />
which has been considered by Council and approved, to allow the creation <strong>of</strong> a new<br />
non-farm residential dwelling lot for a dwelling which is surplus to a farming operation.<br />
85
THE MUNCIPALITY OF LAMBTON SHORES<br />
PL Report No. 06-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Patti Richardson, Senior Planner<br />
Suncor Energy Cedar Point Wind Power Project<br />
Draft Municipal Consultation Form<br />
RECOMMENDATION:<br />
For Council review and direction.<br />
REPORT<br />
Staff have competed for Council review and direction a draft <strong>of</strong> the Municipal Comments<br />
solicited by the Province as part <strong>of</strong> the Application for a Renewable Energy Approval<br />
(REA application) for the Suncor Energy Cedar Point Wind Power Project.<br />
Council will recall that at their January 14 th meeting, Sarah Hornblower requested that<br />
the Municipal Comments not be sent to the Province until the final Public Consultation<br />
meetings are held for both the Suncor Energy Cedar Point Wind Power Project and<br />
NextEra Energy Canada Jericho Wind Power Project. Council direction on this matter<br />
is also requested.<br />
Respectfully submitted<br />
Patti L. Richardson<br />
Senior Planner<br />
87
1<br />
Renewable Energy Approval Consultation Form:<br />
Municipalities, Local Authorities<br />
Suncor Energy Cedar Point Wind Power Project 3<br />
Part B<br />
<strong>The</strong> Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
7883 Amtelecom Pkwy., Forest, ON N0N 1J0<br />
Carol McKenzie Clerk Email: cpmckenzie@lambtonshores.ca<br />
Ph: (519) 786-2335 Fax: (519) 786-2135<br />
Section 5: Consultation Requirement<br />
Municipal Council General Comments:<br />
<strong>The</strong> Council <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> has expressed support for a<br />
moratorium on the construction <strong>of</strong> industrial wind turbines until such time as third party<br />
health studies have been done. Comments contained in this municipal consultation form<br />
should not be construed in any way as support for the project, prior to the health studies<br />
being completed and implemented.<br />
In addition, the Council <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> is supportive <strong>of</strong> the<br />
province reinstating local planning authority to municipalities regarding renewable<br />
energy projects so that they can enact land use policies appropriate for this community<br />
which control industrial wind turbine projects.<br />
In addition to comments contained within this form, the following council resolutions<br />
relating to industrial wind turbines have been passed as:<br />
11-0404-07 Moved by: Councillor Illman<br />
Seconded by: Councillor Underwood<br />
That the correspondence regarding the concerns with the industrial wind turbines<br />
be received.<br />
Carried<br />
11-0404-08 Moved by: Councillor Illman<br />
Seconded by: Councillor Underwood<br />
That motion 11-0404-07 be amended with the addition that correspondence on the<br />
issue <strong>of</strong> wind turbines in the community be forwarded to the local MPP, the Minister <strong>of</strong><br />
Energy and the Premier so that the concerns can be addressed at the appropriate<br />
government level, and the municipal concern that the local municipalities need to have<br />
control over the number and location <strong>of</strong> units be included. Carried<br />
88
2<br />
11-0808-13 Moved by: Councillor Russell<br />
Seconded by: Councillor Maguire<br />
That Council supports a moratorium on the construction <strong>of</strong> industrial wind turbines until<br />
such time as third party health studies have been done and further that the province<br />
reinstate local planning authority to municipalities regarding renewable energy projects.<br />
Councillor Bonesteel Yes<br />
Councillor Scott Yes<br />
Councillor Maguire Yes<br />
Councillor Russell Yes<br />
Mayor Weber<br />
Yes<br />
Councillor Cook Yes<br />
Councillor Underwood No Carried<br />
12-0221-13 Moved by: Councillor Russell<br />
Seconded by: Councillor Scott<br />
That Council reaffirm its position with the Province for a moratorium on the construction<br />
<strong>of</strong> industrial wind turbines until health and safety concerns have been addressed.<br />
12-0807-23 Moved by: Councillor Russell<br />
Seconded by: Councillor Cook<br />
Carried<br />
That staff is directed to re-send correspondence to Premier McGuinty requesting a<br />
moratorium on wind turbines until health and safety concerns have been addressed.<br />
Carried<br />
Other general comments.<br />
Noise and Complaint Monitoring and Response<br />
It is our understanding that the turbines are equipped with sensors to identify<br />
abnormalities in sound level 24/7 and that the turbines automatically shut down if<br />
abnormal sound levels are sensed. <strong>The</strong> <strong>Municipality</strong> would like to be notified if the<br />
turbines shut down due to abnormal noise levels being sensed. As well the <strong>Municipality</strong><br />
would like to be notified as to what was done to rectify the noise abnormality.<br />
Similarly, the <strong>Municipality</strong> will require that a Noise Complaint Protocol be established in<br />
the Development Agreement to address noise concerns emanating from the turbines<br />
raised by residents. <strong>The</strong> developer would be required to provide details on the process<br />
that would be followed when complaints are received and the intended process to<br />
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resolve issues and would also be required to maintain a log <strong>of</strong> all calls received and<br />
include the manner in which the concern was addressed by the developer. Further the<br />
<strong>Municipality</strong> wants to be notified when a complaint is received and advised as to how<br />
and when the complaint was addressed. In addition there should be requirements for<br />
these complaints to be resolved in a timely fashion.<br />
Similar to the Noise Complaint Protocol, the developer would be required to provide<br />
information on the process to address other concerns residents may have, such as<br />
communication disruptions or issues pertaining to the construction or personnel.<br />
As with the Noise Complaint Protocol, the developer would be required to provide<br />
details on the process that would be followed when complaints are received and the<br />
intended process to resolve issues and would be required to maintain a log <strong>of</strong> all calls<br />
received and include information on how the concern was addressed by the developer.<br />
Turbine Locations<br />
<strong>The</strong> <strong>Municipality</strong> requests that all turbines be located a minimum distance <strong>of</strong> hub height<br />
from adjacent property boundaries (99.5 metres) except if the adjacent property is under<br />
contract. <strong>The</strong> <strong>Municipality</strong> supports the rights <strong>of</strong> non-participating property owners to<br />
expect that the turbines will be located a minimum distance <strong>of</strong> the hub height from their<br />
property boundaries and do not support the proponents justify a reduction under any<br />
circumstance.<br />
In addition the <strong>Municipality</strong> is requesting that Turbine Nos. CP 18 and CP20 located on<br />
Rawlings Road adjacent the <strong>Municipality</strong>’s industrial park be located a minimum <strong>of</strong> 550<br />
metres from the boundaries <strong>of</strong> the Industrial park in order to ensure that the option <strong>of</strong> an<br />
accessory dwelling unit to an industrial use be maintained for the lands within the<br />
Municipal industrial park.<br />
Mediation and Arbitration<br />
<strong>The</strong> development agreement shall contain a process for conflict resolution. Such conflict<br />
resolution shall take place within <strong>Lambton</strong> <strong>Shores</strong>.<br />
Costs<br />
<strong>The</strong> developer shall cover all reasonable cost associated with municipal review <strong>of</strong> this<br />
project including the preparation and administration <strong>of</strong> the development agreement.<br />
5.1 Project Location:<br />
Provide comment on the project location with respect to infrastructure and servicing<br />
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4<br />
A development agreement is required to be entered into by the proponent and<br />
registered on title <strong>of</strong> the lands where accesses or infrastructure are to be located;<br />
provisions for securities and insurance will be included. Details relating to proposed<br />
road accesses, infrastructure and route management including post-construction<br />
restoration are to be addressed in the road user agreement.<br />
Costs incurred by the <strong>Municipality</strong> relating to project construction, installation,<br />
administration, evaluation or costs caused by the <strong>Municipality</strong> hosting the project in<br />
general, will be recovered from the proponent.<br />
Detailed engineered plans relating to the installation <strong>of</strong> collector and transmission lines<br />
on Municipal lands must be approved by the Municipal engineer prior to any<br />
construction taking place and will form part <strong>of</strong> the development agreement.<br />
A Stormwater Management report as required by the <strong>Municipality</strong> is to be provided for<br />
review and approval by the <strong>Municipality</strong> and will form part <strong>of</strong> the development<br />
agreement.<br />
A list <strong>of</strong> locations where fill is proposed to be placed along with a description <strong>of</strong> how the<br />
fill is proposed to be handled is to be provided to the <strong>Municipality</strong> for approval.<br />
Prior to work commencing, the developer will provide an assessment, to the satisfaction<br />
<strong>of</strong> the municipality, <strong>of</strong> all roads, intersections, bridges, culverts etc. to be used or<br />
affected during the project. This assessment will include a video recording <strong>of</strong> the<br />
existing conditions <strong>of</strong> the roads, road allowances, intersection, bridges, culverts, etc that<br />
will be used or affected during the project. No later than 2 months after the work is<br />
completed, provide an assessment, to the satisfaction <strong>of</strong> the municipality, <strong>of</strong> all roads,<br />
intersections, bridges, culverts etc. used or affected during the project. After<br />
construction/commercial operation the developer will provide a video <strong>of</strong> the conditions <strong>of</strong><br />
the roads, road allowances, intersections, bridges, culverts, etc that were used during<br />
the project and arrange to repair any deficiency to the municipality’s satisfaction, prior<br />
to the release <strong>of</strong> securities. In addition prior to any deposit being returned the developer<br />
shall provide “as built drawings” for the distribution lines and facilities, in both paper and<br />
digital formats, showing the location <strong>of</strong> the new utility in relation to the existing utilities.<br />
As security deposit will be required to be submitted to the <strong>Municipality</strong> to guarantee<br />
compliance with the agreement requirements, and ensure the restoration and/or repair<br />
<strong>of</strong> any road damage. <strong>The</strong> amount <strong>of</strong> the deposit will be equal the cost to install the<br />
service.<br />
Haul routes will be identified and approved for inclusion in the development agreement<br />
with the municipality, prior to work commencing. <strong>The</strong> <strong>Municipality</strong> recommends that the<br />
Developer makes their best effort to plan haul routes that are primarily located on<br />
Provincial or County roads and limit the use <strong>of</strong> municipal roadways. <strong>The</strong> developer shall<br />
be responsible for the reasonable maintenance <strong>of</strong> the haul roads or roads used during<br />
construction, including dust control, grading, repairs, restoration to ensure a safe<br />
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condition at all times, and so that the roads are able to support emergency service<br />
vehicles at all time.<br />
Prior to work commencing the developer shall mark the location <strong>of</strong> any services located<br />
on an unopened road allowance.<br />
Prior to work commencing the developer shall satisfy the <strong>Municipality</strong> with respect to<br />
liability insurance and shall save the <strong>Municipality</strong> harmless from any claim, loss, costs,<br />
damages or other expenses or any incidental or indirect claim arising from the project.<br />
5.2 Project Roads<br />
Provide comment on the proposed project’s plans respecting proposed road access<br />
Detailed engineered plans, including intersection details are required for each<br />
entrance/access to be installed. Plans will be approved by the Municipal engineer at the<br />
proponents cost prior to the commencement <strong>of</strong> construction.<br />
All entrances/accesses will be identified and subject to the development agreement.<br />
Final approval for all entrances will be subject to municipal operations considerations<br />
and By-laws.<br />
All transmission lines are to be buried underground in order to decrease the<br />
maintenance required to maintain the lines and to limit the amount <strong>of</strong> stray voltage that<br />
is present under and around high voltage overhead transmission lines. In addition the<br />
proponent should work with other companies proposing to install transmission lines by<br />
utilizing the same trench or by the sharing <strong>of</strong> lines in the same trench.<br />
Identify any issues and provide recommendations with respect to road access<br />
All access roads are to be signed that they are private roads. Signage is to be approved<br />
by the <strong>Municipality</strong>. Signage is to be installed at pre-construction phase.<br />
Provide comment on any proposed Traffic Management Plans<br />
<strong>The</strong> <strong>Municipality</strong> has not received a Traffic Management Plan for review. <strong>The</strong> Plan must<br />
be submitted for Municipal approval prior to start <strong>of</strong> project and will form part <strong>of</strong> the<br />
Development Agreement. <strong>The</strong> <strong>Municipality</strong> recommends that the Developer make their<br />
best efforts to plan haul routes that are primarily located on Provincial or County roads<br />
and limit their use <strong>of</strong> municipal roadways.<br />
Identify any issues and provide recommendations with respect to the proposed Traffic<br />
Management Plans<br />
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<strong>The</strong> Traffic Management Plan will be reviewed by the Municipal engineer to assess<br />
road, culvert and bridge capacity to determine the design, capacity and condition to<br />
accommodate the transportation components for each turbine.<br />
A pre-construction and post-construction analysis <strong>of</strong> road conditions will be prepared;<br />
restoration will be addressed to the satisfaction <strong>of</strong> the <strong>Municipality</strong> in the development<br />
agreement.<br />
Spring weight restrictions may be in effect and will apply to all project activities.<br />
<strong>The</strong> Traffic Management Plan must be submitted for Municipal review prior to the road<br />
condition report being prepared and submitted.<br />
5.3 Municipal or Local authority Service Connections<br />
Provide comment on the proposed project plans related to the location <strong>of</strong> and type <strong>of</strong> municipal<br />
service connections, other than roads<br />
Substation and operations facilities require utility, water, sewage servicing.<br />
Final design <strong>of</strong> collection and transmission lines to be reviewed by the <strong>Municipality</strong> for<br />
comment and will be included in the development agreement.<br />
Identify any issues and provide recommendations with respect to the type <strong>of</strong> municipal service<br />
connections, other than roads<br />
No comment.<br />
5.4 Facility Other<br />
Identify any issues and recommendations with respect to the proposed landscaping design for the<br />
facility<br />
Requirements regarding tree removal and replacement will be detailed in the<br />
development agreement. However, it is the goal <strong>of</strong> the <strong>Municipality</strong> to protect trees on<br />
our road allowances as well as on private property. <strong>The</strong> development agreement shall<br />
contain detail on proposed tree removal and dictate the number <strong>of</strong> replacement trees,<br />
types and locations for replanting those trees removed as a result <strong>of</strong> this project.<br />
Every effort should be made to limit removal <strong>of</strong> trees located in windrows, fence rows<br />
and along natural features.<br />
Provide comment on the proposed project plans for emergency management procedures/safety<br />
protocols<br />
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All access roads require address numbering as required by the County <strong>of</strong> <strong>Lambton</strong><br />
Emergency Management 9 -1-1 Policies and Procedures.<br />
<strong>The</strong> <strong>Municipality</strong> will require an Emergency Response Plan be developed by the<br />
proponent for the sites in collaboration with the Fire Chiefs, the Ontario Provincial<br />
Police, <strong>Lambton</strong> County Emergency Medical Services and Municipal Staff that takes<br />
into consideration such matters and acknowledgments as:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<strong>The</strong> volunteer base <strong>of</strong> the Fire Department with respect to any medical first<br />
response or fire call, especially during the construction phase;<br />
<strong>The</strong> developer acknowledges the Municipal limit <strong>of</strong> service to ground level<br />
assistance only for all core services;<br />
<strong>The</strong> developer acknowledging that it is responsible for all emergency response relating<br />
to the turbine, and that the municipal or local response will be limited to caring for and<br />
transporting victims once on the ground, guarding against the spread <strong>of</strong> fire, fighting fires<br />
in operations or accessory buildings, emergency scene management, and/or<br />
investigating criminal activities.<br />
<strong>The</strong> developer shall ensure that an emergency response plan for personnel<br />
operating the turbines is available, and all staff are aware <strong>of</strong> their duties and<br />
responsibilities, and are fully trained on the procedures and protocols. <strong>The</strong><br />
Developer shall also ensure that regular drills are carried out and, that the<br />
required safety equipment is available.<br />
<strong>The</strong> developer shall ensure personnel are trained in High Angle and Confined<br />
Space rescue procedures and/or enter into a contract with a High Angle Service<br />
Provider.<br />
<strong>The</strong> developer shall provide any specialized equipment for High Angle rescue<br />
that is required.<br />
<strong>The</strong> developer shall provide the <strong>Municipality</strong> with copies <strong>of</strong> the emergency<br />
response protocols for but not limited to:<br />
o fire or explosion<br />
o injury/ trauma<br />
o high angle or confined space rescue<br />
o collapse or collision<br />
o environmental spills<br />
o site evacuation.<br />
<strong>The</strong> developer shall post a sign at each IWT access road, listing the turbine<br />
number, municipal address (number and street), contact name and address <strong>of</strong><br />
the Project manager, (including a telephone number that can be used 24 hours<br />
day) and hazmat symbols for all onsite materials.<br />
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<br />
Actively maintains the contact information beginning at the start <strong>of</strong> construction<br />
phase and continuing for the duration <strong>of</strong> the project until final decommissioning.<br />
Identify any issues and recommendations with respect to any Easements or Restrictive<br />
Covenants associated with the Project Location<br />
<strong>The</strong>re may be other ownership/access issues to be confirmed by the project proponent.<br />
<strong>The</strong> operations and maintenance building is to obtain all relevant approvals under the<br />
Planning Act and must be located within a Settlement Area as identified in the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Official Plan.<br />
5.5 Project Construction<br />
Identify any issues and recommendations with respect to the proposed rehabilitation <strong>of</strong> any<br />
temporary disturbance areas and any municipal or local authority infrastructure that could be<br />
damaged during construction<br />
Municipal requirements regarding construction damage and/or restoration will be<br />
detailed in a Development agreement.<br />
Identify any issues and recommendations with respect to the proposed location <strong>of</strong> fire hydrants<br />
and connections to existing drainage, water works and sanitary sewers<br />
<strong>The</strong> proponent is required to evaluate existing municipal drains and report on potential<br />
crossings and/or modifications. <strong>The</strong> report must contain a request for appointment <strong>of</strong> a<br />
drainage engineer under Section 78 <strong>of</strong> the Drainage Act, R.S.O. 1990, c.D.17. <strong>The</strong><br />
<strong>Municipality</strong> will appoint a drainage engineer to prepare any required reports and<br />
schedules at the proponents cost. All costs associated with the preparation <strong>of</strong> the report<br />
and subsequent drainage works shall be borne by the proponent.<br />
All Drain crossing should be below grade and directional drilled, within a minimum<br />
separation from the drain invert <strong>of</strong> 1.5 metres.<br />
<strong>The</strong> developer and the <strong>Municipality</strong> will jointly develop a process for the relocation <strong>of</strong><br />
the projects infrastructure if relocation is necessary in the future. <strong>The</strong> developer shall be<br />
responsible for the cost <strong>of</strong> relocating their infrastructure should it be deemed necessary<br />
for any future municipal roadway project. <strong>The</strong>se provisions shall be included in the<br />
development agreement.<br />
Identify any issues and recommendations with respect to the proposed location <strong>of</strong><br />
buried kiosks and above-grade utility vaults.<br />
Above-grade utility vaults are to be constructed in a location that will maintain<br />
appropriate site lines at intersections. Appropriate drainage measures are to be<br />
addressed and approved by the <strong>Municipality</strong>.<br />
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Identify any issues and recommendations with respect to the proposed location <strong>of</strong> existing and<br />
proposed gas and electricity lines and connections<br />
<strong>The</strong> proponent will locate existing utilities on the as-constructed drawings to be provided<br />
to the <strong>Municipality</strong> post installation.<br />
Provide comment on the proposed project plans with respect to Building Code permits &<br />
licenses<br />
<strong>The</strong> proponent is subject to the Building Code Act and Regulations and Municipal<br />
Building By-law 80 <strong>of</strong> 2007, as amended. All structures, other than turbines, are also<br />
subject to the Planning Act, Site Plan Control By-law and Municipal Zoning By-laws.<br />
Ancillary buildings shall be located within the limits <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />
<strong>Shores</strong> in an identified settlement area pursuant to the <strong>Municipality</strong>’s Official Plan.<br />
Identify any issues and recommendations related to the identification <strong>of</strong> any significant natural<br />
features and water bodies within the municipality or territory<br />
Natural features and water bodies are to be addressed to the satisfaction <strong>of</strong> the MNR,<br />
the Ausable Bayfield Conservation Authority and the St. Clair Region Conservation<br />
Authority. No development shall proceed until final approval <strong>of</strong> the Natural Heritage<br />
Assessment and Environmental Impact Study Report is received by the <strong>Municipality</strong><br />
from the Ministry <strong>of</strong> Natural Resources.<br />
Identify any issues and recommendations related to the identification <strong>of</strong> any archaeological<br />
resource or heritage resource<br />
<strong>The</strong> <strong>Municipality</strong> requests that final approval be received from the Ministry <strong>of</strong> Tourism,<br />
Culture and Sport for this project which identifies any additional work required for<br />
individual sites prior to a turbine being installed. Such information shall form part <strong>of</strong> the<br />
Development Agreement<br />
96
THE MUNCIPALITY OF LAMBTON SHORES<br />
PL Report No. 07-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Patti Richardson, Senior Planner<br />
Grant <strong>of</strong> Vehicular Access Easement over the King Street Parking Lot in<br />
Favour <strong>of</strong> Lands Owned by Tak-Shan (Eddie) HO known as 75 Main Street<br />
West, Grand Bend<br />
RECOMMENDATION:<br />
For Council review and direction.<br />
REPORT<br />
Early last year staff was contacted by Mr Eddie Ho, the owner <strong>of</strong> lands known as 75<br />
Main Street West in Grand Bend, respecting the re-instatement <strong>of</strong> the driveway access<br />
to his lands at 75 Main Street West in Grand Bend. <strong>The</strong> access was removed when<br />
Main Street West was reconstructed in late 2009, early 2010. After some discussion<br />
with Mr. Ho, it was agreed that rather than restore the entrance to Main Street West it<br />
might be more prudent to grant Mr. Ho a permanent access easement to the rear <strong>of</strong> his<br />
lands over the Huron/King Street parking lot. <strong>The</strong> benefit to the <strong>Municipality</strong> is, first we<br />
do not have to modify the newly constructed Main Street West to re-install the driveway,<br />
which would require removal <strong>of</strong> the curb and adjustments to the grade <strong>of</strong> the sidewalk.<br />
Secondly, it would not re-create a driveway which could cause traffic and pedestrian<br />
conflicts during peak usage times in the summer and finally it would not result in the<br />
elimination <strong>of</strong> a parking space on Main Street West.<br />
<strong>The</strong> benefit to Mr. Ho is that he is assured permanent vehicular access to his rear<br />
parking area, a benefit both currently and in the future should he re-develop the lands.<br />
<strong>The</strong> Plan attached shows the general location <strong>of</strong> the easement. Any easement<br />
registered over the parking lot in favour <strong>of</strong> Mr Ho’s lands would include a clause<br />
allowing the actual easement to be re-aligned or re-located should changes be made at<br />
the parking lot.<br />
<strong>The</strong> cost to grant this easement to Mr. Ho should be borne by the <strong>Municipality</strong> as we<br />
eliminated the original access to his lands. I estimate the cost to arrange this easement<br />
to be approximately $3,500 to $5,000, as it may require a reference plan.<br />
Staff are requesting Council approval to proceed with this easement.<br />
Respectfully submitted<br />
Patti L. Richardson<br />
Senior Planner<br />
97
THE MUNICIPALITY OF LAMBTON SHORES<br />
D.C.S. Report No. 08-2013 Monday, January 15, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Brent Kittmer, Director <strong>of</strong> Community Services<br />
Heart & Stroke’s Big Bike Event – Grand Bend<br />
RECOMMENDATION:<br />
That the recommendation in Report No. D.C.S. 08-2013 be<br />
approved and the Heart & Stroke Foundation’s Big Bike<br />
event take place in Grand Bend again this year.<br />
REPORT<br />
<strong>The</strong> Heart & Stroke Foundation would like to organize another Big Bike event for Grand<br />
Bend on Saturday, June 1, 2013 from 9:00am – 12:00pm. This will be the seventh year<br />
the event has taken place in Grand Bend.<br />
<strong>The</strong> Heart & Stroke Big Bike is a team event geared towards community organizations,<br />
companies and groups. Teams made up <strong>of</strong> 29 enthusiastic riders (and one driver<br />
provided by the Foundation) pedal through their community in support <strong>of</strong> heart disease<br />
and stroke research. As a vital fundraiser with impressive results, Heart & Stroke Big<br />
Bike has continued to engage Canadians across the country for the past 20 years. Last<br />
year, over 40,000 riders, in over 200 communities, helped raise over $7 million for<br />
research! This is helping the Foundation achieve even greater results that change the<br />
lives <strong>of</strong> not only heart and stroke patients, but for all Canadians. (<strong>The</strong> Heart & Stroke<br />
Foundation)<br />
<strong>The</strong> Program Coordinator for Sarnia-<strong>Lambton</strong>, Mary-Jane Samela, has requested to<br />
use the same route that was used in 2012, which would tour the Big Bike down the Main<br />
Street West corridor in hopes <strong>of</strong> drawing a larger audience. A map <strong>of</strong> the route can be<br />
found in ‘Schedule A’. <strong>The</strong> route was submitted to Ontario Provincial Police Sergeant<br />
Mike Dougan for review and the OPP do not have any concerns with it as it has been<br />
done in the past without incident. By-law also had the chance to review the route and<br />
had no concerns with it.<br />
<strong>The</strong> roads will not be closed during the event, so the Big Bike will slow traffic down.<br />
However, with the event taking place in the morning hours and it is not during the peak<br />
summer months, it is anticipated that this will not be a nuisance for traffic. Police will not<br />
be present at the event, but there will be a lead car in front <strong>of</strong> the bike.<br />
Riders will be gathering at St. John’s at the Lake Anglican Church, so the Foundation is<br />
not looking for parking passes for participants or use <strong>of</strong> Municipal parking lots. <strong>The</strong>y will<br />
not be asking for any additional staff support either.<br />
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<strong>The</strong> Heart & Stroke Foundation is looking for Council’s consent for the event to take<br />
place and their approval on the route. Staff would like to recommend approving the<br />
event again in 2013, as it is a fun event for a great cause that will attract people to the<br />
downtown area.<br />
Respectfully submitted,<br />
Brent Kittmer, P.Eng.<br />
Director <strong>of</strong> Community Services<br />
Report Prepared by Shannon Prout – Acting Facilitator <strong>of</strong> Recreation & Leisure<br />
Attachment:<br />
1. Schedule A - Requested Grand Bend Big Bike Route<br />
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Schedule A<br />
101
THE MUNICIPALITY OF LAMBTON SHORES<br />
D.C.S. Report No. 09-2013 Tuesday, January 15, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Brent Kittmer, Director <strong>of</strong> Community Services<br />
Outdoor Sports Field Allocation Policy<br />
RECOMMENDATION:<br />
That the recommendation in D.C.S. Report No. 09 – 2013 be<br />
approved; and further that the draft “Outdoor Sports Field<br />
Allocation Policy” be approved and staff work to<br />
communicate the policy to sports field users for the 2013<br />
season.<br />
REPORT<br />
<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> is fortunate to have eight sports field complexes<br />
within our borders, which contain eight soccer pitches and eight baseball diamonds.<br />
Each facility <strong>of</strong>fers different amenities and different classes <strong>of</strong> fields (based on size,<br />
availability <strong>of</strong> lights, etc.). During the spring and summer months, these facilities are<br />
utilized by youth baseball and soccer groups, adult baseball groups, schools and private<br />
renters.<br />
In May 2009, the Arena Ice Allocation Policy was passed to assist the municipality in the<br />
allocation <strong>of</strong> facility rental time at the <strong>Shores</strong> Recreation Centre and the Legacy<br />
Recreation Centre. <strong>The</strong> intent <strong>of</strong> the policy is to make <strong>Lambton</strong> <strong>Shores</strong>’ residents and<br />
non-pr<strong>of</strong>it organizations felt equal and to ensure groups are treated fairly.<br />
<strong>The</strong> policy established procedures and standards that have helped to allocate minimum<br />
requirements <strong>of</strong> facility rental time at all municipally-owned recreation centres to all<br />
qualified user groups within the <strong>Municipality</strong>, as well as maximize the potential <strong>of</strong> all<br />
recreation facilities.<br />
<strong>The</strong> policy did not include sports field allocations, and to date, no such policy exists.<br />
At this time, groups contact the <strong>Municipality</strong> for facility rentals which are then entered<br />
into the booking system; however, not all groups abide by this procedure, which<br />
presents a challenge for staff as we are not always informed when users are at certain<br />
facilities. This is especially challenging when the facility would have required<br />
preparation and it is not completed and staff received criticism for a process that they do<br />
not control. This can pose a liability issue for the <strong>Municipality</strong>, and can also be an<br />
inconvenience for other users wishing to rent a sports field. It can also become<br />
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problematic with maintenance schedules as staff try to plan maintenance activities<br />
around facility usage.<br />
<strong>The</strong> Recreation and Leisure Services Master Plan (2012) recommends:<br />
1-7. In consultation with local user groups, establish a Sports Field Allocation<br />
Policy to formalize equitable access to municipal sports fields (similar in<br />
nature to the existing Ice Allocation Policy).<br />
<strong>The</strong> draft policy can be reviewed in ‘Schedule A’. <strong>The</strong> policy largely reflects the Ice<br />
Allocation Policy, and sets out the parameters for developing the annual sports facilities<br />
schedule.<br />
<strong>The</strong> allocation priorities outlined in the policy are as follows:<br />
1. Municipal programs<br />
2. Tournaments and special events<br />
3. Minor organizations<br />
4. Major teams (i.e. Forest Dragons)<br />
5. Schools<br />
6. Local adult leagues<br />
7. All other local groups<br />
8. Non-resident groups<br />
9. Commercial operations.<br />
Additionally, teams and organizations that are considered to be existing organizations<br />
(more than two years in <strong>Lambton</strong> <strong>Shores</strong>) will be prioritized before new organizations.<br />
As noted above, the policy suggests that minor organization requests will take priority<br />
over most organizations. Minor organizations should take priority for three main<br />
reasons: first, these organizations provide recreational and fitness opportunities for<br />
children and youth <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and without the minor organizations, these<br />
programs would not exist. Second, minor organizations have a large local volunteer<br />
base that is committed to improving the quality <strong>of</strong> life for families in <strong>Lambton</strong> <strong>Shores</strong>.<br />
Finally, the health and wellness <strong>of</strong> children and youth is a priority as participating in<br />
sport at an early age creates a future <strong>of</strong> healthier and more active adults in the<br />
community.<br />
Also included with the draft policy are the recommended User Agreement and the rental<br />
confirmation form. <strong>The</strong> Agreement outlines the user group’s responsibilities when<br />
renting a sports field and is also a reminder <strong>of</strong> the existing policies that are in place.<br />
Again, this Agreement is very similar to the Ice User Agreement, but has been adapted<br />
for sports field use.<br />
Since the Sports Field Allocation Policy is so similar to the Ice Allocation Policy, it is the<br />
opinion <strong>of</strong> staff that user group feedback is not needed for the policy development, but<br />
rather would be required as part <strong>of</strong> the annual review process. Should Council approve<br />
the policy, staff will communicate the new requirements to the user groups in advance<br />
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<strong>of</strong> the 2013 recreation season. As this is the first year under the new policy frame work<br />
staff will exercise a certain degree <strong>of</strong> flexibility when scheduling the requested events.<br />
Each sports field user group in <strong>Lambton</strong> <strong>Shores</strong> is unique, and they operate excellent<br />
program opportunities for children, youth and adults in <strong>Lambton</strong> <strong>Shores</strong>. <strong>The</strong>se<br />
organizations are valuable assets to this community and all <strong>of</strong> the volunteers who spend<br />
countless hours working to support these programs in the <strong>Municipality</strong> should be<br />
applauded for their efforts. It goes without saying that the programs that these<br />
organizations <strong>of</strong>fer have a huge impact on the quality <strong>of</strong> life for residents <strong>of</strong> the<br />
<strong>Municipality</strong>.<br />
It is recommended that the Outdoor Sports Field Allocation Policy be approved, as<br />
outlined in this report. Staff will meet with the regular sports field users to ensure that<br />
the policy is communicated, and if changes are required to the policy based on user<br />
group feedback, staff will submit a subsequent report to Council.<br />
Respectfully submitted,<br />
Brent Kittmer, P.Eng.<br />
Director <strong>of</strong> Community Services<br />
Report Prepared by Ashley Farr<br />
Attachment:<br />
1. Draft Outdoor Sports Field Allocation Policy<br />
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SPORTS FIELD ALLOCATION POLICY<br />
Schedule A<br />
<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
Policy #<br />
Effective Date:<br />
Purpose<br />
To assist the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> in the allocation <strong>of</strong> sports field rental time<br />
at Coultis Park, McRae Ball Diamond, Shipley’s Grove, Utter Ball Park, Grand Bend<br />
Lions’ Park, Klondyke Sports Park, Port Franks Community Centre and the Legacy<br />
Recreation Centre. It is the intent that through this uniform policy, the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong> residents and non-pr<strong>of</strong>it organizations will feel equally and fairly<br />
treated. It is also important to ensure that equal opportunity exists regardless <strong>of</strong> gender.<br />
<strong>The</strong> policy will establish procedures and standards that will help allocate minimum<br />
requirements <strong>of</strong> facility rental time at all municipally-owned sports fields and baseball<br />
diamonds to all qualified user groups in the <strong>Municipality</strong> as well as maximize the<br />
potential <strong>of</strong> all recreation facilities.<br />
Procedure<br />
Municipal Facilities<br />
<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> owns and operates eight sports field complexes,<br />
comprised <strong>of</strong> eight soccer pitches and eight baseball diamonds:<br />
Shipley’s Grove Soccer Pitch<br />
Klondyke Sports Park<br />
Grand Bend Lions’ Park<br />
Utter Ball Park<br />
McRae Ball Diamond<br />
Coultis Park<br />
Legacy Recreation Centre Ball Diamonds<br />
Port Franks Community Centre Ball Diamond and Soccer Pitch<br />
Operating Governance<br />
<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> Community Services Department will be<br />
responsible for calculating each regular user groups’ facility allocation. This will be done<br />
annually. <strong>The</strong> Community Services Department is responsible for the implementation <strong>of</strong><br />
the policy as outlined.<br />
Sports Field Allocation Priorities<br />
<strong>The</strong> sports field allocations will be prioritized in the following order:<br />
1. Municipal Programs<br />
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a. Defined as programs <strong>of</strong>fered by the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> to<br />
provide an opportunity for community residents (open to the general<br />
public)<br />
2. Special Events and Tournaments (Blackout Dates)<br />
a. Defined as those which bring recognition to, or increase the public pr<strong>of</strong>ile<br />
<strong>of</strong>, the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
b. International, National, Provincial and Regional multi-sport/recreational<br />
events or events which are sanctioned by the appropriate governing body<br />
and which bring recognition to, or increase the public pr<strong>of</strong>ile <strong>of</strong> the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
c. OFSAA (Ontario Federation <strong>of</strong> School Athletic Associations) and<br />
SWOSSAA (South Western Ontario Secondary Schools Athletic<br />
Association) regional and provincial tournaments<br />
d. Note: in order to be considered in this priority order, blackout dates must<br />
be submitted to the Community Services Department per the schedule<br />
below.<br />
3. Local Minor/Youth Organizations<br />
a. Defined as having the majority <strong>of</strong> the registered players being residents <strong>of</strong><br />
the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and the primary purpose <strong>of</strong> the<br />
organization is to <strong>of</strong>fer, and involve, individuals in recreation, athletic,<br />
cultural or social activities.<br />
b. One hundred percent <strong>of</strong> the participants must be 18 years <strong>of</strong> age or under<br />
prior to December 31 st <strong>of</strong> that year’s session and/or the age categories as<br />
outlined in the existing provincial or national governing bodies.<br />
4. Major <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> teams (i.e. Forest Dragons)<br />
5. Local Elementary and Secondary Schools<br />
a. A publicly-funded school or a “not-for-pr<strong>of</strong>it school” recognized by the<br />
Province <strong>of</strong> Ontario as an education institution, located in the <strong>Municipality</strong><br />
<strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>.<br />
6. Adult Non-Pr<strong>of</strong>it Organizations within the <strong>Municipality</strong><br />
a. Defined as having the majority <strong>of</strong> the registered players being residents <strong>of</strong><br />
the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and the primary purpose <strong>of</strong> the<br />
organization is to <strong>of</strong>fer, and involve, individuals in recreation, athletic,<br />
cultural or social activities.<br />
b. <strong>The</strong> age <strong>of</strong> the participants is greater than that which qualifies as a youth<br />
organization.<br />
7. All other local user groups<br />
a. Defined as any use by an organization or individual where the purpose is<br />
to generate activity for the “public good” <strong>of</strong> the community or to generate<br />
funds which will be to a “public good” in the community.<br />
8. Non-resident groups<br />
a. Defined as any use by an organization or individual where the<br />
organization, group or individual does not reside or operate within the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
9. Commercial operations<br />
a. Private sector group or individual whose primary purpose in booking the<br />
facility is to make a pr<strong>of</strong>it.<br />
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All other rentals (i.e. private, infrequent rentals) will be on a first come, first served<br />
basis.<br />
Financial Obligation<br />
<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> will issue invoices on a weekly basis, unless<br />
requested differently. Staff will ensure that all final invoices are issued no later than one<br />
(1) week subsequent to the final day <strong>of</strong> the user group’s season.<br />
User groups understand that invoices are due when rendered. A late payment fee at a<br />
rate <strong>of</strong> 2% per month on any outstanding balance shall be applied to the account until it<br />
is paid in full.<br />
Groups are responsible for paying <strong>of</strong>f any final balances by the 31 st day <strong>of</strong> October<br />
subsequent to the final day <strong>of</strong> the sports season. Failure to do so will forfeit any facility<br />
requests for the next season. Once full payment has been received, the user group<br />
may select from the remaining available time slots.<br />
Insurance Obligation<br />
As per the annual agreement, the User Group will maintain liability insurance coverage<br />
in the amount <strong>of</strong> $2 million, naming the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> as an additional<br />
insured throughout the duration <strong>of</strong> the agreed time period. <strong>The</strong> User Group will provide<br />
pro<strong>of</strong> <strong>of</strong> such coverage by April 15 or prior to the start <strong>of</strong> the season if before this date.<br />
Failure to do so will result in the forfeit <strong>of</strong> any facility requests for the season. Once<br />
pro<strong>of</strong> has been received, the user group may select from the remaining available time<br />
slots.<br />
Historical Precedent<br />
Existing<br />
Preference in the allocation system will be given to established organizations, which<br />
have provided quality programming to the residents <strong>of</strong> the <strong>Municipality</strong> over previous<br />
years. In order to be considered existing, an organization must have been in operation<br />
for a minimum <strong>of</strong> two years, and must be in good standing with the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong>.<br />
New<br />
New organizations will be considered within the allocation provided that:<br />
<strong>The</strong>y meet an identified need in the community<br />
<strong>The</strong>re are sufficient registrants<br />
Facility time is available<br />
New groups will be identified as “New” for two years to help support the establishment<br />
<strong>of</strong> the group. Identified needs and appropriate use <strong>of</strong> the facility will be evaluated by the<br />
Community Services Department.<br />
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Accommodating new groups at the expense <strong>of</strong> the existing groups will be considered<br />
only in cases where a program is being introduced into the area for the first time and no<br />
other program <strong>of</strong> this nature is available.<br />
Tournaments and Special Events<br />
Blackout dates for existing events and tournaments must be submitted to the<br />
Community Services Department by March 15 th <strong>of</strong> the year prior for consideration.<br />
New tournaments and special events will be assessed on a case-by-case basis. <strong>The</strong><br />
Community Services Department will try to accommodate all requests for new<br />
tournaments/events. New tournament/event locations will be at the discretion <strong>of</strong> the<br />
Community Services Department, and will work in conjunction with the existing user<br />
groups to minimize the impact to regularly scheduled programming.<br />
Participant Data<br />
Groups are required to submit participant data to the Community Services Department,<br />
including names, addresses and age groups <strong>of</strong> participants to assist with future<br />
planning and assessing access needs. All information will be kept confidential.<br />
Facility Allocation Time Schedule<br />
Season start and end dates may vary depending on weather/field conditions, however<br />
the “regular” season will fall between May 1 and September 30 each year.<br />
All requests must be submitted according to the schedule below:<br />
March 15 All groups are required to submit Blackout dates<br />
(tournaments/special events)<br />
March 15<br />
All groups are required to submit the upcoming season’s facility<br />
requests. <strong>The</strong> Community Services Department will prioritize the<br />
requests according to the Allocation Policy and will enter the<br />
requests into the MaxEnterprise booking system. Organizations<br />
will be advised if a request cannot be accommodated.<br />
April 1<br />
Contracts will be sent out to the organizations.<br />
April 1<br />
A list <strong>of</strong> blackout dates will be provided to the organizations<br />
April 15 (or prior to<br />
start <strong>of</strong> season if<br />
All signed contracts must be returned to the Community Services<br />
Department.<br />
before this date)<br />
April 15 (or prior to<br />
start <strong>of</strong> season if<br />
before this date)<br />
April 15 (or prior to<br />
the start <strong>of</strong> season<br />
if before this date)<br />
Updated insurance documents must be submitted to the<br />
Community Services Department.<br />
All participant data (including names, addresses and age groups)<br />
must be submitted to the Community Services Department.<br />
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It is important to note that the creation <strong>of</strong> sports fields’ schedules and implementation <strong>of</strong><br />
policies and procedures relating to sports fields operations is the responsibility <strong>of</strong><br />
Community Services staff. Every effort will be made to accommodate all requests;<br />
however, the Community Services Department reserves the right to reallocate<br />
times/facilities if required.<br />
It is to be understood that, if a parent organization is submitting requests, individual<br />
organizations will continue to be responsible for scheduling teams within their allotted<br />
contracted times. Once facility times have been contracted for the season, any<br />
subletting or revisions to the schedule are the responsibility <strong>of</strong> the individual<br />
organization. <strong>The</strong> Community Services Department must be notified in writing <strong>of</strong> any<br />
subletting or revisions to the regular schedule.<br />
Policy Review<br />
This policy will be reviewed annually by the Community Services Department.<br />
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Sports Facility Rental Agreement<br />
<strong>Lambton</strong> <strong>Shores</strong> Community Services Department<br />
1. Rental Rates (2013)<br />
a. No Charge for Youth Organizations<br />
b. No Lights: $8.70 + HST per hour<br />
c. Lights: $14.50 + HST per hour<br />
d. Tournaments<br />
i) Coultis, Lions, McRae, Legacy, PFCC: $173.90 + HST for 3 days<br />
ii) Utter w/o bar: $173.90 + HST for 3 days<br />
iii) Utter w/ bar: $248.90 + HST for 3 days<br />
(Rates are subject to change as set by Council)<br />
2. Authorized Person<br />
a. A “User Group” which is not an adult or individual or a corporation must<br />
appoint an “Authorized Person” for the purpose <strong>of</strong> this Agreement.<br />
b. <strong>The</strong> function <strong>of</strong> the Authorized Person is to assume responsibility on<br />
behalf <strong>of</strong> the User Group, for the obligations set out in this Agreement.<br />
c. By signing this Agreement, the Authorized Person accepts these<br />
obligations personally on behalf <strong>of</strong> the User Group, for the obligations set<br />
out in these Terms and Conditions.<br />
d. <strong>The</strong> Authorized Person is jointly and severally liable for all User Group<br />
obligations and should make such arrangements as he or she considers<br />
advisable with other members <strong>of</strong> the User Group.<br />
3. Rental Times<br />
a. Facility rental time will be provided to the User Group, as confirmed<br />
following acceptance <strong>of</strong> your application.<br />
b. <strong>The</strong> User Group and Authorized Person agree to pay for all noted time on<br />
the rental confirmation form on a monthly basis (unless otherwise<br />
requested), for the duration <strong>of</strong> this Agreement. An interest rate <strong>of</strong> 2% per<br />
month is charged on late payments.<br />
c. <strong>Lambton</strong> <strong>Shores</strong> Community Services Department must be advised <strong>of</strong> any<br />
“sub-letting” <strong>of</strong> facility time. Failure <strong>of</strong> a User Group to make reasonable<br />
use <strong>of</strong> the booked time (at the Manager’s discretion) may result in the<br />
Agreement being cancelled.<br />
d. Exceptions to the providing <strong>of</strong> time include:<br />
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i. Mechanical or electrical failure <strong>of</strong> any kind, beyond the reasonable<br />
control <strong>of</strong> the Management.<br />
ii. Unsafe conditions <strong>of</strong> any kind<br />
4. Booking Agreement<br />
All User Groups, through their Authorized Person, are required to sign an<br />
Agreement to book and pay for a specific block <strong>of</strong> time, as identified on the<br />
Agreement. Users must provide at least 48 hours cancellation notice to the<br />
Community Services Department, in writing. Failure to provide notice will result<br />
in the User being billed for the scheduled time. Cancellation notice is not<br />
required in unforeseen circumstances beyond the User Group’s control such as<br />
weather conditions; however, the User must contact the Community Services<br />
Department the next business day informing <strong>of</strong> the unused time.<br />
5. Weekly Schedules<br />
Schedules must be submitted to the Community Services Department two (2)<br />
weeks in advance.<br />
6. General Conditions<br />
a. Hourly rental rates are determined annually. This Agreement is for the<br />
availability <strong>of</strong> time, and hourly rates are not confirmed. A full listing <strong>of</strong><br />
facility rates and time definitions is available from the Community Services<br />
Department.<br />
b. Payment for each rental is required at the time <strong>of</strong> the rental, unless prior<br />
billing arrangements are approved. Late payments are subject to 2%<br />
monthly interest. Final balances are due by the 31 st day <strong>of</strong> October<br />
subsequent to the final day <strong>of</strong> the sports season (see Financial Obligation<br />
<strong>of</strong> the Sports Field Allocation Policy).<br />
c. User Groups are deemed responsible for admission, conduct and control<br />
<strong>of</strong> spectators attending events. Any security costs are the sole<br />
responsibility <strong>of</strong> the User Group.<br />
d. Tournaments are subject to the <strong>Lambton</strong> <strong>Shores</strong> Outdoor Facility Rental<br />
Policy.<br />
e. User Groups are not permitted to sell/give away any items (food or<br />
otherwise) within the facilities, unless approved in advance by the<br />
Manager.<br />
f. <strong>The</strong> <strong>Lambton</strong> <strong>Shores</strong> Community Services Department recommends that<br />
all persons partaking in activities at municipal facilities wear approved<br />
111
protective equipment. User Groups are responsible for their members’<br />
safety.<br />
g. User Groups are responsible to ensure members are aware and abide by<br />
the facility rules and regulations, and terms throughout this Agreement.<br />
7. Insurance<br />
<strong>The</strong> User Group throughout the duration <strong>of</strong> this permit will maintain liability<br />
insurance coverage in the amount <strong>of</strong> $2 million, naming the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong> as an additional insured. <strong>The</strong> User Group will provide pro<strong>of</strong> <strong>of</strong><br />
such coverage by April 15 or prior to the start <strong>of</strong> the season if before this date<br />
(see Insurance Obligation <strong>of</strong> the Sports Field Allocation Policy).<br />
8. Equipment Storage<br />
<strong>The</strong> User Group acknowledges that the <strong>Municipality</strong> is not responsible for any<br />
damage, loss or theft <strong>of</strong> any equipment stored at Municipal facilities.<br />
9. Consumption <strong>of</strong> Alcohol on Municipal Property<br />
<strong>The</strong> consumption <strong>of</strong> alcohol is strictly prohibited at outdoor sports facilities,<br />
including dugouts, pavilions, playing fields and parking lots, unless a liquor<br />
license has been obtained from the Alcohol and Gaming Commission <strong>of</strong> Ontario<br />
(AGCO), in which case consumption <strong>of</strong> alcohol is limited to the area(s) specified<br />
on the license. All licensed events must follow the <strong>Lambton</strong> <strong>Shores</strong> Municipal<br />
Alcohol Policy, and provincial legislation applies.<br />
10. Smoking on Municipal Property<br />
As per the County <strong>of</strong> <strong>Lambton</strong> Bylaw #10-2004 smoking indoors is strictly<br />
prohibited and failure to comply could result in the maximum fine <strong>of</strong> $5,000.00.<br />
11. <strong>Lambton</strong> <strong>Shores</strong> Recreation Facilities Anti-Violence Policy<br />
<strong>Lambton</strong> <strong>Shores</strong> recreation facilities – arenas, recreation centres, outdoor parks<br />
and playing fields – exist to provide residents with opportunities to participate in<br />
sport and recreational activities in a safe and positive environment. By<br />
implementing this policy, <strong>Lambton</strong> <strong>Shores</strong> shows its commitment to providing<br />
facilities which try to achieve an atmosphere where patrons can enjoy sport and<br />
physical activity and which values participation, teamwork, safety and fair play.<br />
Policy Objectives:<br />
To reduce or eliminate violence and antisocial behaviour from recreation<br />
facilities (both indoor and outdoor)<br />
112
To ensure a positive, safe and encouraging environment for spectators,<br />
volunteers, staff and participants – a culture which supports safety, fair play<br />
and positive sport experiences for all those involved.<br />
To give facility staff and volunteers the authorization to deal with unruly and<br />
violent behaviour with appropriate sanctions.<br />
Guiding Principles:<br />
Violent, abusive or antisocial behaviour, such as verbal threats and insults,<br />
attempts to intimidate as well as physical assault and battery have no place in<br />
<strong>Lambton</strong> <strong>Shores</strong> facilities.<br />
<strong>The</strong> sports and recreation programs in <strong>Lambton</strong> <strong>Shores</strong> are driven by hardworking<br />
committed volunteers and staff members who dedicate time and<br />
energy to allow participant safety in sport. <strong>The</strong>se community-minded citizens<br />
contribute in many ways to the success <strong>of</strong> local sport and recreation activities<br />
and should have the ability to work in a safe and positive environment.<br />
Sport and physical activity teach participants important social skills such as<br />
teamwork, goal-setting and fair play and promote healthy lifestyles. Violence,<br />
harassment and antisocial behaviour can turn a positive experience into a<br />
negative one.<br />
Sport rules and regulations exist to protect the players. Umpires and <strong>of</strong>ficials<br />
are charged with ensuring the fair and even application <strong>of</strong> the rules to ensure<br />
safety <strong>of</strong> the players and integrity <strong>of</strong> the game.<br />
Promotion <strong>of</strong> this policy and positive spectator behaviour will assist in the<br />
reduction <strong>of</strong> violent behaviours and contribute to a safe and fun sport<br />
experience.<br />
Roles and Responsibilities:<br />
<strong>The</strong> rules <strong>of</strong> the game and <strong>of</strong>ficials <strong>of</strong> sports retain responsibility for managing<br />
excessive violence on the field <strong>of</strong> play. Associations and groups are responsible<br />
for managing the behaviour <strong>of</strong> coaches, volunteers, spectators and players.<br />
<strong>Lambton</strong> <strong>Shores</strong> staff may be available and ready to support the <strong>of</strong>ficials,<br />
coaches and other volunteers and implement the ejection and banning<br />
component <strong>of</strong> the policy.<br />
<strong>The</strong> responsibility <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> to maintain safe facilities comes out <strong>of</strong> the<br />
Occupiers Liability Act, which generally requires all owners and occupiers <strong>of</strong> land<br />
and buildings to take care to ensure that persons will be reasonably safe when<br />
using the premises. In cases <strong>of</strong> assault and battery, the Criminal Code <strong>of</strong><br />
Canada will apply.<br />
Definition <strong>of</strong> Violence:<br />
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Violence is seen as the following behaviour:<br />
Loud verbal assaults<br />
Threats and attempts to intimidate<br />
Throwing <strong>of</strong> articles in a deliberate or aggressive manner<br />
Aggressive approaches to another individual<br />
Physical striking <strong>of</strong> another individual<br />
Attempts to goad or incite violence in others<br />
Consequences:<br />
Individuals who engage in any <strong>of</strong> the above behaviours will be subject to<br />
immediate ejection from the facility by a person(s) designated by the recreation<br />
facility and a further ban from all <strong>Lambton</strong> <strong>Shores</strong> recreation facilities for a period<br />
<strong>of</strong> time to be determined by the person in charge <strong>of</strong> the recreation facilities (or a<br />
person authorized by <strong>Lambton</strong> <strong>Shores</strong>).<br />
Incidents <strong>of</strong> a verbal nature may be tolerated initially with a warning from facility<br />
staff, but will be noted and reported to the organization using the facility.<br />
Serious and physical assault incidents will be reported to the local police<br />
authorities.<br />
Subsequent violent behaviours by individuals using facilities may prohibit the<br />
individual or the organization from future facility access.<br />
If an individual asked to leave the facility refuses to do so, facility staff or an adult<br />
associated with the teams using the facility (i.e. umpire, <strong>of</strong>ficial, coach,<br />
commissioner) will stop the game until the individual leaves. If this doesn’t work,<br />
the local police may be called in.<br />
12. Compliance<br />
Failure to abide by the terms <strong>of</strong> the Agreement will result in the forfeiture <strong>of</strong><br />
current and/or future rentals at <strong>Lambton</strong> <strong>Shores</strong> facilities.<br />
_____________________________________<br />
Signature: User Group “Authorized Person”<br />
_____________________________________<br />
Print Name: User Group “Authorized Person”<br />
_____________________<br />
Date<br />
114
OUTDOOR FACILITY RENTAL CONFIRMATION<br />
(Issued by <strong>Lambton</strong> <strong>Shores</strong> Community Services Department)<br />
1. User Group: ________________________________________<br />
2. Authorized Person: ________________________________________<br />
3. Rental Times<br />
Facility: ____________________________________________________<br />
Monday<br />
Tuesday<br />
Wednesday<br />
Thursday<br />
Friday<br />
Saturday<br />
Sunday<br />
TOTAL<br />
DAY START TIME END TIME # OF HOURS<br />
4. Start Date: ________________________<br />
MM/DD/YYYY<br />
5. Termination Date: ________________________<br />
MM/DD/YYYY<br />
6. Pro<strong>of</strong> <strong>of</strong> Insurance:<br />
Provided:<br />
___________<br />
To Follow: ___________ (required before using the facility)<br />
<strong>Lambton</strong> <strong>Shores</strong> Community Services Department<br />
Per: ____________________________________<br />
Brent Kittmer, Director <strong>of</strong> Community Services<br />
115
THE MUNICIPALITY OF LAMBTON SHORES<br />
D.C.S. Report No. 10-2013 Thursday, January 17, 2013<br />
TO:<br />
FROM :<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Brent Kittmer, Director <strong>of</strong> Community Services<br />
Fee Waiver Request<br />
RECOMMENDATION:<br />
That the recommendation in D.S.C. Report No. 10-2013 be<br />
approved and the rental fees at Legacy Recreation Centre<br />
be waived for this fundraiser.<br />
REPORT<br />
A letter was received on January 16, 2013 from Tara Fraleigh-Schram requesting<br />
Council consider waiving the rental fees for the Legacy Recreation Centre’s Thomas<br />
Hall for the annual fundraising event she organizes for the Children’s Hospital <strong>of</strong><br />
Western Ontario.<br />
As outlined in her letter (Schedule A), the event has grown each year and has<br />
continuously received great support from the local residents and businesses. <strong>The</strong> goal<br />
<strong>of</strong> this event is strictly to raise funds for the hospital. Since 2007, the event has raised<br />
more than $33,000 for the Children’s Health Foundation. <strong>The</strong> event far exceeded their<br />
goal <strong>of</strong> $10,000 in 2012, and they were able to purchase 3 new IV pumps for the<br />
Neonatal Intensive Care Unit with the $15,000 raised.<br />
This year’s event has been scheduled for Saturday, March 16, 2013 and will have the<br />
same format as it has in the past – a dinner, dance and a silent auction. It will be a<br />
licensed event.<br />
<strong>The</strong> total cost <strong>of</strong> the rental for this event would be $710.95 before taxes. Broken down,<br />
the rental is as follows:<br />
Thomas Hall Rental - $567.70 (for the Friday night set up and all day Saturday)<br />
Kitchen Rental - $90.20<br />
Bar Rental - $53.05<br />
Ms. Fraleigh-Schram will be responsible for paying for the Special Occasion Insurance,<br />
which is a requirement for all licensed events, and the damage deposit. Please note<br />
that the damage deposit is refundable, pending inspection <strong>of</strong> the facility after the event<br />
takes place.<br />
Since the total rental exceeds $500.00, the waiver is being brought forward to Council<br />
for their consideration in accordance to Policy 25-2002. This policy is currently under<br />
116
eview, but, in the meantime, staff would like to recommend that this request be<br />
approved as it has been in the past. Although the hospital is not within <strong>Lambton</strong> <strong>Shores</strong>,<br />
it is a place whose services have benefited, and will continue to benefit, many families<br />
within the community.<br />
Respectfully submitted<br />
Brent Kittmer, P.Eng.<br />
Director <strong>of</strong> Community Services<br />
Report Prepared by Shannon Prout – Acting Facilitator <strong>of</strong> Recreation & Leisure<br />
Attachment:<br />
1. Schedule A – Letter requesting the fee waiver.<br />
117
Schedule A<br />
118
119
THE MUNICIPALITY OF LAMBTON SHORES<br />
D.C.S. Report No. 11-2013 Thursday, January 17, 2013<br />
TO:<br />
FROM<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Brent Kittmer, Director <strong>of</strong> Community Services<br />
Kaeden Brown Foundation Contribution Agreement<br />
RECOMMENDATION:<br />
That D.C.S. Report No. 11-2013 be approved; and further<br />
That the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> enters into a capital<br />
contribution agreement with the Kaeden Brown Foundation<br />
for the Kaeden Brown Foundation spray pad in Arkona; and<br />
further<br />
That By-law 11-2013 authorizing the Mayor and Clerk to sign<br />
the associated contract agreement be approved.<br />
REPORT<br />
<strong>The</strong> Kaeden Brown Foundation spray pad is located at the municipal park in Arkona at<br />
16 Smith Street. <strong>The</strong> total value <strong>of</strong> the project was approximately $130,000 and was a<br />
partnership between the municipality and the Kaeden Brown Foundation. <strong>The</strong><br />
Foundation was instrumental in raising funds for the project, and was able to acquire<br />
close to a value <strong>of</strong> $30,000 in donated services.<br />
<strong>The</strong> remainder <strong>of</strong> the capital costs <strong>of</strong> the project have been agreed to be split between<br />
the <strong>Municipality</strong> and the Foundation. <strong>The</strong> Kaeden Brown Foundation is prepared to<br />
contribute $49,634.09 towards the cost <strong>of</strong> the project, subject to a capital contribution<br />
agreement with the <strong>Municipality</strong>. <strong>The</strong> agreement is attached to this report, and is a<br />
twenty-year term that commits the municipality to a minimum level <strong>of</strong> maintenance to<br />
ensure that the foundation’s investment is protected.<br />
Respectfully submitted,<br />
Brent Kittmer, P.Eng.<br />
Director <strong>of</strong> Community Services<br />
Attachments:<br />
1. Authorizing By-law #11-2013<br />
2. Capital Contribution Agreement with the Kaeden Brown Foundation<br />
120
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
BY-LAW 11 OF 2013<br />
Being a By-law to authorize an Agreement between the<br />
Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and<br />
<strong>The</strong> Kaeden Brown Foundation<br />
WHEREAS:<br />
<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> constructed the Kaeden<br />
Brown Foundation spray pad located at the Arkona Recreation<br />
Centre (16 Smith Street, Arkona, ON);<br />
AND WHEREAS: <strong>The</strong> Kaeden Brown Foundation wishes to protect its donation<br />
towards the spray pad by way <strong>of</strong> a capital contribution agreement;<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 the Kaeden<br />
Brown Foundation a copy <strong>of</strong> which is attached to this by-law as “Schedule “A”,<br />
and to affix to the contract the Corporate Seal <strong>of</strong> the Corporation <strong>of</strong> the<br />
<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 28 th day <strong>of</strong> January, 2013.<br />
READ A THIRD TIME AND FINALLY PASSED THIS 28 th DAY OF January, 2013.<br />
___________________________<br />
MAYOR – Bill Weber<br />
___________________________<br />
CLERK – Carol McKenzie<br />
121
THIS CAPITAL CONTRIBUTION AGREEMENT (the “Agreement”) made and entered<br />
into this ____ day <strong>of</strong> ______________, 2013 (the “execution date”)<br />
B E T W E E N :<br />
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
Hereinafter referred to as the “<strong>Municipality</strong>”<br />
OF THE FIRST PART<br />
- and -<br />
THE KAEDEN BROWN FOUNDATION<br />
Hereinafter referred to as the “Kaeden Brown Foundation”<br />
OF THE SECOND PART<br />
WHEREAS the <strong>Municipality</strong> has constructed a spray pad (hereinafter referred to<br />
as the “constructed works”) at the municipal park located at 16 Smith Street Arkona<br />
Ontario;<br />
AND WHEREAS the KAEDEN BROWN FOUNDATION is desirous <strong>of</strong> making a<br />
capital contribution towards the total cost <strong>of</strong> the constructed works;<br />
AND WHEREAS the term and conditions <strong>of</strong> this Agreement set out the terms<br />
governing the capital contribution from the Kaeden Brown Foundation<br />
NOW THEREFORE in consideration <strong>of</strong> these covenants and other good and<br />
valuable consideration, the receipt and sufficiency <strong>of</strong> which is hereby acknowledged, the<br />
parties to this Agreement agree as follows:<br />
122
-2-<br />
Name<br />
1. <strong>The</strong> name <strong>of</strong> the constructed works shall be “<strong>The</strong> Kaeden Brown Foundation<br />
Spray Pad”<br />
Purpose<br />
2. <strong>The</strong> purpose <strong>of</strong> the constructed works is to act as a recreation location serving<br />
residents <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>, and the general public.<br />
Capital Contribution<br />
3. <strong>The</strong> Kaeden Brown Foundation shall contribute capital in the amount <strong>of</strong><br />
$49,634.09 to the <strong>Municipality</strong> to be directly applied towards the total cost <strong>of</strong> the<br />
constructed works.<br />
Possessory Interest<br />
4. It is the intention <strong>of</strong> the parties to this Agreement that the agreement between the<br />
two parties for capital contribution from the Kaeden Brown Foundation does not<br />
create a possessory interest or any other interest in real property and the property<br />
and constructed works shall remain the sole property <strong>of</strong> the <strong>Municipality</strong>. <strong>The</strong><br />
Kaeden Brown Foundation acknowledges that the constructed works is owned by<br />
the <strong>Municipality</strong>, and as the owner; the <strong>Municipality</strong> has the right to operate the<br />
constructed works as outlined by this Agreement.<br />
Responsibilities <strong>of</strong> the <strong>Municipality</strong><br />
5. In consideration <strong>of</strong> the capital contribution made by the Kaeden Brown Foundation<br />
to the <strong>Municipality</strong>, the <strong>Municipality</strong> agrees to the following responsibilities:<br />
i. Pay all utility costs associated with the operation <strong>of</strong> the constructed<br />
works, and the Kaeden Brown Foundation is not liable for any utility<br />
costs;<br />
123
-3-<br />
ii. Provide and hold all necessary liability insurance for the constructed<br />
works;<br />
iii. Maintain the constructed works in accordance with the minimum<br />
requirements <strong>of</strong> the County <strong>of</strong> <strong>Lambton</strong>’s “A Guide to the Safe<br />
Operation <strong>of</strong> Spray Pad/Splash Pad (2011)”, as amended from time<br />
to time, and affixed hereto as Schedule “A”;<br />
iv. Acting reasonably, correct any deficiencies to the constructed works<br />
that the <strong>Municipality</strong> is made aware <strong>of</strong>, within a reasonable time<br />
frame.<br />
Management<br />
6. Day to day management <strong>of</strong> the constructed works will be provided by the<br />
<strong>Municipality</strong> at its sole discretion. <strong>The</strong> Kaeden Brown Foundation claims no right to<br />
direct the operation <strong>of</strong> the constructed works.<br />
Signage<br />
7. <strong>The</strong> <strong>Municipality</strong> shall approve all signage prior to it being erected on, or at the<br />
property <strong>of</strong>, the constructed works.<br />
Term<br />
8. This agreement shall remain in effect for the life <strong>of</strong> the constructed works which<br />
shall be considered to be that point in time when the value <strong>of</strong> the constructed works<br />
is considered to be fully depreciated, or a term <strong>of</strong> twenty (20) years from the<br />
execution date <strong>of</strong> this agreement.<br />
Assignment<br />
9. No party’s interest can be assigned to another party without consent <strong>of</strong> all other<br />
party’s.<br />
Indemnity<br />
124
-4-<br />
10. <strong>The</strong> <strong>Municipality</strong> agrees to indemnify and save the Kaeden Brown Foundation<br />
harmless from any claims, prosecutions, actions, proceedings and judgments <strong>of</strong><br />
any type relating to the operation <strong>of</strong> the constructed works area by the <strong>Municipality</strong>.<br />
Notice<br />
11. Any notice or any other communication required or permitted to be given under this<br />
Agreement shall be in writing and, unless some other method <strong>of</strong> giving the same is<br />
accepted by the person to whom it is given, shall be given by registered mail or by<br />
being delivered to the person to whom it is to be given at the appropriate address<br />
set out below:<br />
to the <strong>Municipality</strong>:<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
7883 Amtelecom Parkway<br />
Forest, Ontario N0N 1J0<br />
Attn: Carol McKenzie, Clerk<br />
to the Kaeden Brown Foundation<br />
c/o Marty Meadows<br />
35 Ann Street<br />
Arkona, ON<br />
NOM1B0<br />
or such other address as may be furnished by such person, and such notice or<br />
other communication shall be deemed effective, as the case may be, at the time <strong>of</strong><br />
delivery there<strong>of</strong> or four (4) business days after the date <strong>of</strong> mailing there<strong>of</strong>.<br />
Severability<br />
125
-5-<br />
12. If any provision <strong>of</strong> this Agreement shall be found or declared by a Court <strong>of</strong><br />
competent jurisdiction to be invalid, unenforceable or ultra vires <strong>of</strong> the <strong>Municipality</strong><br />
then such provision shall conclusively be deemed to be severable and the<br />
remainder <strong>of</strong> the Agreement mutatis mutandis, shall be and remain in full force and<br />
effect.<br />
Number and Gender<br />
13. In this Agreement, unless the contrary intention appears, words importing only<br />
singular number or masculine gender shall include more persons, parties or things<br />
<strong>of</strong> the same kind than one and the feminine and neuter gender.<br />
IN WITNESS WHEREOF the parties hereto have executed this Agreement as <strong>of</strong><br />
the date first above written.<br />
THE CORPORATION OF THE MUNICIPALITY<br />
OF LAMBTON SHORES<br />
Per:_________________________________<br />
Mayor<br />
Per:_________________________________<br />
Clerk<br />
KAEDEN BROWN FOUNDATION<br />
Per:_________________________________<br />
I have authority to bind the corporation.<br />
Print name:________________________<br />
_________________________________<br />
Witness<br />
Print name:________________________<br />
126
2011<br />
A Guide to Safe Operation <strong>of</strong><br />
Spray Pad/Splash Pad<br />
2/22/2011<br />
127
A Guide to Safe Operation <strong>of</strong> Spray Pad/Splash Pad<br />
A Guide to Safe Operation <strong>of</strong> Spray Pad / Splash Pad<br />
<strong>The</strong> following information will assist owner/operators <strong>of</strong> spray/splash pads carry out their<br />
responsibilities to ensure the safe use, operation and maintenance <strong>of</strong> recreational water facilities.<br />
Additional action should be taken by the owner/operator, above and beyond these<br />
recommendations, as necessary. When a health hazard is identified, a public health inspector<br />
may take action to lessen the health hazard in accordance with Section 13 <strong>of</strong> the Health<br />
Protection and Promotion Act (HPPA).<br />
General safety principles<br />
To reduce the risk <strong>of</strong> injury, illness or death to spray/splash pad users, especially when young<br />
children are present, the facility should be operated and maintained in a clean, safe, sanitary<br />
manner.<br />
<strong>The</strong> spray/splash pad should be supervised at all times when it is open for use either by the<br />
owner/operator, pool staff or through parental/guardian supervision <strong>of</strong> individual users.<br />
Pre-opening checks<br />
Before opening each day, or after a period <strong>of</strong> non-use, the operator should inspect the following:<br />
<br />
<br />
<br />
<br />
<br />
Spray/splash pad area is clean and free from obstacles or items that may cause injury,<br />
illness or death<br />
Water chemistry is adequate, and treatment and recirculation equipment are operational,<br />
where applicable<br />
All gratings or drain covers are securely fastened to all pipelines and fittings that<br />
terminate in the spray/splash pad<br />
Fittings that terminate in the pool are flush with the edges, or free <strong>of</strong> sharp edges<br />
All ground fault interrupters are operational, where provided.<br />
Construction<br />
All spray/splash pads should be designed and constructed to ensure the safety <strong>of</strong> the users. Prior<br />
to any construction or alterations, owners/operators should contact the local municipal building<br />
bylaw department(s), the Electrical Safety Authority (www.esasafe.com) and/or Technical<br />
Standards and Safety Authority (www.tssa.org) for specific requirements about construction<br />
details.<br />
Consider the following when designing and constructing a spray pad / splash pad:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Play surfaces and equipment designed and maintained to prevent injury<br />
No play surface should slope more than 8% (8 cm down for every 100 cm length)<br />
Play surfaces are non-slip and made <strong>of</strong> a material that would reduce the risk <strong>of</strong> falls<br />
Spray pad / splash pad surfaces slope to drain<br />
Perimeter <strong>of</strong> pad is designed to prevent water entering from the surrounding area<br />
Spray pad / splash pad drains prevent the possibility <strong>of</strong> stagnant water<br />
If water is allowed to be retained for a short period <strong>of</strong> time, the depth <strong>of</strong> the retained water<br />
basin should not exceed 15 cm<br />
Surfaces can be readily cleaned and sanitized<br />
Back-flow preventers on water supply lines<br />
Securely fasten gratings or covers to all pipelines and fittings that terminate in the pool<br />
(suction outlet and drain covers should be secured with corrosion resistant bolts/screws)<br />
All water suction outlets or drains within the water-bearing structure are fitted with antientrapment<br />
coverings or are anti-entrapment by design. Where appropriate, the suction<br />
systems are equipped with a vacuum relief mechanism or other engineered system.<br />
Where electricity is used, ground fault circuit interrupters are functioning. Owners /<br />
operators should contact the Electrical Safety Authority about compliance with the<br />
electrical code (www.esasafe.com).<br />
128<br />
Adapted from MOHLTC's Operating Procedures for Non-Regulated Recreational Water Facilities Guidance Document
A Guide to Safe Operation <strong>of</strong> Spray Pad/Splash Pad<br />
Specific construction considerations regarding fresh or re-circulated water include:<br />
<br />
<br />
All water used in the facility comes from a source that is free <strong>of</strong> potential disease-causing<br />
organisms, harmful chemicals or is treated prior to being circulated to ensure it is free <strong>of</strong><br />
potential disease-causing organisms or harmful chemicals<br />
If recirculation is provided, the water leaving the spray/splash pad should pass through<br />
the following treatment steps:<br />
1. Filter<br />
2. Chemically disinfect with either chlorine or bromine<br />
3. Retained in a storage tank for an appropriate period <strong>of</strong> time to allow effective<br />
disinfection to occur<br />
4. Treated with ultraviolet light (UV) capable <strong>of</strong> rendering cysts and oocysts inactive<br />
before water enters the spray/splash pad. This step is the primary disinfection<br />
activity to ensure recreational water is free <strong>of</strong> micro-organisms.<br />
Note: Turbidity monitoring and control should be in place to ensure the ultra violet treatment<br />
device is effective. Ultra violet treatment units should have a mechanism to prevent water from<br />
being directed to the spray pad / splash pad in the event <strong>of</strong> equipment malfunction.<br />
Safety Tip<br />
If playground equipment is installed in the spray/splash pad, it should be appropriate<br />
for the water depth. Spray/splash pad owners/operators should follow the<br />
manufacturer standards and contact the Canadian Standards Association about<br />
compliance with the CAN/CSA-z614-2008 Children’s Playspaces and Equipment<br />
playground safety standards (www.csa.ca).<br />
Safe Operation<br />
Supervision<br />
Provide ample supervision <strong>of</strong> the facility to ensure safe use and response to adverse events.<br />
Use <strong>of</strong> the spray/splash pad should be stopped when there is contamination <strong>of</strong> the water, or a<br />
health or safety concern is identified.<br />
Safety Tips<br />
Facility staff should be encouraged to obtain a first aid certificate. Also provide a<br />
first aid kit for emergency use. <strong>The</strong> kit should contain, at a minimum, the<br />
requirements under the under O. Reg. 428/05 (Public Spas)<br />
If the spray/splash pad facility does not have a phone, it is recommended the<br />
person supervising the spray/splash pad have an emergency phone, cell phone or<br />
radio device to obtain emergency help.<br />
Prevent spray/splash pad water from becoming stagnant<br />
<br />
<br />
<br />
For non-recirculating systems, drain and disinfect the spray/splash pad surface between<br />
daily uses.<br />
If recirculation is provided, it should be maintained with adequate disinfectant 24 hours<br />
per day unless the water is drained.<br />
Continuously refresh the water by discharging 15% <strong>of</strong> the water directly to waste; add<br />
15% fresh water whenever water is being circulated to the spray/splash pad.<br />
129<br />
Adapted from MOHLTC's Operating Procedures for Non-Regulated Recreational Water Facilities Guidance Document
A Guide to Safe Operation <strong>of</strong> Spray Pad/Splash Pad<br />
Chemical Handling<br />
Chemicals should be stored so they are available only to the operator.<br />
Safety Tips<br />
When using chemicals to clean and disinfect, always add the chemical to the<br />
water.<br />
Clear the spray/splash pad <strong>of</strong> users before adding chemicals. Prevent entry into<br />
the water until the chemicals are dissolved.<br />
Persons responsible for handling chemicals should be trained in the safe storage<br />
and handling <strong>of</strong> the chemicals, and the operation <strong>of</strong> the spray/splash pad.<br />
Provide appropriate safety clothing or equipment for handling any chemicals. Refer<br />
to Occupational Health and Safety Act.<br />
Water treatment<br />
<strong>The</strong> water used in a spray/splash pad should be:<br />
<br />
<br />
<br />
<br />
Testing frequency<br />
Obtained from a source free <strong>of</strong> potential disease-causing organisms or harmful<br />
chemicals<br />
Treated to ensure it is free <strong>of</strong> potential disease-causing organisms or harmful<br />
chemicals<br />
Used once and drained from the play area, OR<br />
Provided with appropriate filtration and disinfection<br />
To ensure the filtration and disinfection treatment systems are working in accordance with their<br />
design, the system should be checked daily: 30 minutes before opening, and every 2 hours<br />
during operation.<br />
If the level <strong>of</strong> disinfectant or pH is controlled by an automatic device, the operation <strong>of</strong> the device<br />
should be checked by doing a manual test <strong>of</strong> the disinfectant or pH in the water at least once per<br />
day.<br />
If the disinfection level is controlled by an automatic sensing device, the Oxidation Reduction<br />
Potential ORP value should be set above 700 mV.<br />
130<br />
Adapted from MOHLTC's Operating Procedures for Non-Regulated Recreational Water Facilities Guidance Document
Useful Tools<br />
Maintain a log book<br />
A Guide to Safe Operation <strong>of</strong> Spray Pad/Splash Pad<br />
It is recommended the operator keep daily records <strong>of</strong> the following:<br />
<br />
<br />
<br />
<br />
Filtration, disinfection and addition <strong>of</strong> fresh water<br />
Total number <strong>of</strong> users per day<br />
Emergencies, rescues, or breakdowns <strong>of</strong> equipment<br />
Daily records should be retained for a minimum <strong>of</strong> one year<br />
Use <strong>of</strong> notices<br />
Owners/operators should post signs that set out health and safety rules for spray pad / splash<br />
pad users. See the sample below. For the safety <strong>of</strong> patrons, owners/operators may include other<br />
rules that may be appropriate for a particular facility, such as a contact number if the facility<br />
requires attention.<br />
SPRAY/SPLASH PAD POOL RULES<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Parents or guardians must supervise their children at all times when the children<br />
are using the spray/splash pad.<br />
Children should be appropriately dressed for their age, and continence ability, to<br />
prevent fouling <strong>of</strong> the spray/splash pad (e.g. swim diapers recommended).<br />
No glass containers, food, or beverages are allowed on the spray/splash pad, or<br />
in the area immediately surrounding the spray/splash pad.<br />
Recreational water is not intended for drinking.<br />
Do not use the spray/splash pad if you have an open sore or rash, or are<br />
experiencing nausea, vomiting or diarrhea.<br />
No person shall pollute the water or surface <strong>of</strong> the spray/splash pad in any<br />
manner, or the immediate area surrounding the spray/splash pad.<br />
No person shall engage in rowdy play in or near the spray/splash pad.<br />
Responding to fouling <strong>of</strong> spray pad / splash pads<br />
If the spray/splash pad has been contaminated due to fouling:<br />
<br />
<br />
<br />
<br />
Ensure users leave the spray pad / splash pad;<br />
Drain the spray pad / splash pad and the recirculation system;<br />
Clean and disinfect the spray pad / splash pad and any equipment used in accordance<br />
with the Centers for Disease Control and Prevention’s “Fecal Incident Response<br />
Recommendations for Pool Staff”<br />
Ensure proper operation <strong>of</strong> the spray pad / splash pad prior to reopening.<br />
Safety Tip<br />
Obtain a copy <strong>of</strong> the Centers for Disease Control and Prevention document<br />
“Fecal Incident Response Recommendations for Pool Staff." Visit:<br />
www.cdc.gov/healthywater/pdf/swimming/pools/fecal-incident-response-recommendations.pdf<br />
131<br />
Adapted from MOHLTC's Operating Procedures for Non-Regulated Recreational Water Facilities Guidance Document
Appendix A - First Aid Kits<br />
Section 16 <strong>of</strong> Ontario Regulation 428/05 (Public Spas) outlines first aid requirements for a<br />
Public Spa based on minimum requirements under the Workplace Safety and Insurance Act<br />
(WSIA), 1997, R.R.O. 1990, Regulation 11 01. For the purposes <strong>of</strong> applying the first aid<br />
requirements to non-regulated, recreational water facilities, the following contents are<br />
recommended:<br />
First Aid Kit<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Current copy <strong>of</strong> a standard first aid manual<br />
12 safety pins<br />
24 adhesive dressings, individually wrapped<br />
12 sterile gauze pads, each 75 mm square<br />
4 rolls <strong>of</strong> 50 mm gauze bandage<br />
4 rolls <strong>of</strong> 100 mm gauze bandage<br />
4 sterile surgical pads suitable for pressure dressings, individually wrapped<br />
6 triangular bandages<br />
2 rolls <strong>of</strong> splint padding<br />
1 roll-up splint<br />
1 pair <strong>of</strong> scissors<br />
2 pair <strong>of</strong> non-permeable gloves<br />
1 resuscitation pocket<br />
132
THE MUNICIPALITY OF LAMBTON SHORES<br />
D.C.S. Report No. 12-2013 Thursday, January, 17, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Brent Kittmer, Director <strong>of</strong> Community Services<br />
Grand Bend Optimist Club Youth Centre Rental Agreement<br />
RECOMMENDATION:<br />
That the recommendation in D.S.C. Report No. 12-2013 be<br />
approved; and further<br />
That the <strong>Municipality</strong> enter into a three-year agreement with<br />
the Grand Bend and District Optimist Club for the operations<br />
<strong>of</strong> the Grand Bend Youth Centre; and further<br />
That By-law 12-2013 authorizing the Mayor and Clerk to sign<br />
the associated contract agreement be approved.<br />
REPORT<br />
<strong>The</strong> Grand Bend and District Optimist Club established the Youth Centre in Grand Bend<br />
to promote and encourage recreation programs for all ages within <strong>Lambton</strong> <strong>Shores</strong>,<br />
while creating long lasting relationships with peers, volunteers and staff. It is a nonpr<strong>of</strong>it<br />
organization working with the children and youth <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and the<br />
Youth Centre has <strong>of</strong>fered various programs throughout the year since opening its doors.<br />
<strong>The</strong> Centre has been primarily run by volunteers with support staff hired through the<br />
summer months, however, because <strong>of</strong> a decrease in volunteers and an increased<br />
difficulty in keeping a program coordinator on staff, the Optimist Club recently entered<br />
into an agreement with the YMCA to operate the program.<br />
<strong>The</strong> Grand Bend Optimist Club lease agreement for the Grand Bend Youth Centre<br />
<strong>of</strong>ficially expired on March 31, 2009. Since then, they have continued to abide by the<br />
expired agreement and paying the $1,500 annual rental charge in that agreement.<br />
Staff met with the Optimist Club to review a draft agreement that was very similar to the<br />
previous agreement between the Club and the <strong>Municipality</strong>. After discussion, the<br />
following amendments are being proposed:<br />
133
Agreement<br />
Section<br />
Term <strong>of</strong> License<br />
License Fee<br />
Insurance<br />
Use <strong>of</strong> Other<br />
Municipal<br />
Facilities<br />
General<br />
Conditions<br />
Recommended Revision<br />
<strong>The</strong> length <strong>of</strong> the agreement has<br />
been revised to three (3) years.<br />
Increased to $2,000.00/yr from<br />
$1,500.00/yr<br />
New - <strong>The</strong> Club shall carry<br />
liability insurance in an amount<br />
not less than $2 million which<br />
includes the <strong>Municipality</strong> as an<br />
additional named insured and<br />
will provide a copy <strong>of</strong> the policy<br />
to the <strong>Municipality</strong> at the time <strong>of</strong><br />
signing the agreement.<br />
New - <strong>The</strong> Club shall utilize<br />
other municipal facilities<br />
including, but not limited to the<br />
Grand Bend Public School<br />
Gymnasium and Lions’ Park for<br />
Youth Centre programs only.<br />
New -<br />
a) <strong>The</strong> Club acknowledges that<br />
the facility is owned by the<br />
<strong>Municipality</strong>, and as the<br />
owner; the <strong>Municipality</strong> has<br />
the right to use the facility<br />
when required. <strong>The</strong><br />
<strong>Municipality</strong> reserves the right<br />
to use any portion <strong>of</strong> the<br />
licensed premises for<br />
municipal purposes provided<br />
a minimum <strong>of</strong> seven (7) days<br />
notice is given to the Club.<br />
<strong>The</strong> seven days notice<br />
requirement will be waived in<br />
the case <strong>of</strong> an emergency, at<br />
which time no notice will be<br />
required to be provided to the<br />
Club;<br />
Rationale<br />
<strong>The</strong> agreement with the YMCA<br />
is up for review at the end <strong>of</strong><br />
2015. If it is extended, then the<br />
<strong>Municipality</strong> will submit a new<br />
agreement for the Optimist<br />
Club to sign.<br />
<strong>The</strong> increase is to reflect the<br />
increase in utility fees<br />
This has become the standard<br />
practice for all groups using<br />
our facilities for on-going<br />
programming.<br />
This was a verbal agreement<br />
made years ago. By adding it<br />
to the new agreement<br />
formalizes what was said in<br />
the verbal agreement and<br />
keeps the expenses down for<br />
the Club. This will allow them<br />
to <strong>of</strong>fer the programs at no<br />
cost or a low cost.<br />
This clarifies the fact that the<br />
facility is essentially the<br />
<strong>Municipality</strong>’s. It also releases<br />
the <strong>Municipality</strong> from any<br />
responsibility <strong>of</strong> lost/damaged<br />
items belonging to the Club.<br />
This is standard for all groups<br />
using our facilities for<br />
programming and storage.<br />
134
Indemnity<br />
b) Requests to utilize any space<br />
habitually not being used by<br />
the Club will be discussed<br />
between the <strong>Municipality</strong> and<br />
the Club;<br />
c) <strong>The</strong> Club acknowledges that<br />
the <strong>Municipality</strong> is not<br />
responsible for lost, stolen or<br />
damaged equipment<br />
belonging to the Club.<br />
Club agrees to indemnify and<br />
save the <strong>Municipality</strong> harmless<br />
from any claims, prosecutions,<br />
actions, proceedings and<br />
judgments <strong>of</strong> any type relating to<br />
the use <strong>of</strong> the licensed area by<br />
the Club. <strong>The</strong> Club shall respond<br />
to any such matter by engaging<br />
legal counsel to represent the<br />
<strong>Municipality</strong>’s interest and will<br />
promptly satisfy any settlement<br />
amount, fine, bill <strong>of</strong> costs or<br />
judgment imposed with respect<br />
to same<br />
Standard for all lease<br />
agreements.<br />
Council should be aware that the utilities over the past five years (excluding 2012<br />
because the program did not run) averaged a $3,898.15 expense annually for the<br />
municipality. “Utilities” include hydro, gas and water. During the meeting with the<br />
Optimist Club, it was suggested by staff that every effort be made to conserve when<br />
possible to keep the expenses down. <strong>The</strong> $2,000 annual rental fee proposed clearly<br />
will not cover this expense; however the Club is providing an invaluable service to the<br />
community by operating programs for the youth <strong>of</strong> Grand Bend that would otherwise not<br />
be available to them. It should be noted that the Optimist Club does pay for the<br />
telephone and internet expenses incurred at the Youth Centre.<br />
During this meeting, it was also mentioned that there may be programs established for<br />
the senior citizens <strong>of</strong> the community to help fill in the gaps. Staff would be required to<br />
meet with the Club to discuss any proposed programming prior to implementation to<br />
ensure it do not overlap with what is already <strong>of</strong>fered in the community. <strong>The</strong> Club also<br />
brought up that another group may consider setting up an <strong>of</strong>fice in the Youth Centre.<br />
This would also need to be discussed with municipal staff, as it would directly impact the<br />
utility usage and increase the expense to the <strong>Municipality</strong>. Any changes, such as the<br />
aforementioned, would be forwarded to Council via a staff report for their final<br />
consideration. Amendments to the agreement may be required if such changes were to<br />
occur. This is understood by the Grand Bend and District Optimist Club as well.<br />
135
It is recommended that the Grand Bend Optimist Club be granted a three-year lease<br />
agreement with the <strong>Municipality</strong> for the operation <strong>of</strong> youth programming at the Grand<br />
Bend Youth Centre. <strong>The</strong> draft agreement has been included in ‘Schedule A’ for Council<br />
to review. <strong>The</strong> agreement would be effective from January 1, 2013 to December 31,<br />
2015, and renewal would be possible pending a re-evaluation <strong>of</strong> the program and utility<br />
expenses.<br />
Providing the Grand Bend Optimist Club with an agreement for the next three years will<br />
allow the operations <strong>of</strong> the Youth Centre to be re-established with their new partnership.<br />
<strong>The</strong> new partnership will provide a valuable service to the community’s youth which<br />
allows for socialization and recreation opportunities that are not otherwise available.<br />
Respectfully submitted,<br />
Brent Kittmer, P.Eng.<br />
Director <strong>of</strong> Community Services<br />
Report prepared by Shannon Prout, Acting Facilitator <strong>of</strong> Recreation and Leisure<br />
Attachments:<br />
1. Schedule A - Draft License Agreement with the Grand Bend Optimist Club<br />
2. Authorizing By-law #12-2013<br />
136
Schedule A<br />
THIS LICENSE AGREEMENT is made the day <strong>of</strong> , 20 __<br />
BETWEEN<br />
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
(Hereinafter called the “<strong>Municipality</strong>”)<br />
OF THE FIRST PART<br />
AND<br />
THE GRAND BEND AND DISTRICT OPTIMIST CLUB<br />
(Hereinafter called the “Club”)<br />
OF THE SECOND PART<br />
WHEREAS the Club is desirous <strong>of</strong> using the former Public Works Garage on Municipal<br />
Drive, Grand Bend known as <strong>The</strong> Youth Centre (“Licensed Premises”) for the purposes<br />
<strong>of</strong> a Youth Program Centre;<br />
AND WHEREAS: It is deemed expedient to outline the roles and responsibilities <strong>of</strong><br />
each <strong>of</strong> the parties:<br />
NOW THEREFORE WITNESSETH that for an in consideration <strong>of</strong> the premises and<br />
mutual covenants hereinafter set forth, the parties agree as follows:<br />
1. <strong>The</strong> <strong>Municipality</strong> hereby grants leave and license and full permission and<br />
authority to the Club to enter upon, occupy, use and enjoy the licensed premises<br />
for the specific purposes <strong>of</strong> a Youth Program Centre in accordance with the<br />
terms set out herein.<br />
2. TERM OF LICENSE<br />
<strong>The</strong> term <strong>of</strong> this License shall be for three (3) years, commencing January 1,<br />
2013 and expiring December 31, 2015, with an option to renew, subject to<br />
approval <strong>of</strong> both parties.<br />
3. UTILITY AND CLEANING COSTS<br />
All utility costs will be borne by the <strong>Municipality</strong> and the Club will be responsible<br />
for all costs associated with the cleaning <strong>of</strong> the licensed premises.<br />
137
Every effort will be made by the Club to minimize utility costs by reducing<br />
consumption.<br />
4. LICENSE FEE<br />
<strong>The</strong> license fee for 2013 for the use <strong>of</strong> the licensed premises is Two Thousand<br />
Dollars ($2,000.00) plus applicable taxes, due on signing. <strong>The</strong> License fee is to<br />
<strong>of</strong>fset the annual utility costs. Each year, prior to the anniversary date, the<br />
<strong>Municipality</strong> will review the utility costs for the previous year, and determine the<br />
license fee for the following year. Fees are subject to an annual 3% increase, as<br />
per the municipal fee by-law. Payment will be due on the yearly anniversary date<br />
<strong>of</strong> the agreement.<br />
5. INSURANCE<br />
<strong>The</strong> <strong>Municipality</strong> shall provide liability insurance on the building and<br />
appurtenances. <strong>The</strong> Club shall provide insurance on all equipment and furniture<br />
for which it claims exclusive use. <strong>The</strong> Club shall carry liability insurance in an<br />
amount not less than $2 million which includes the <strong>Municipality</strong> as an additional<br />
named insured, and will provide a copy <strong>of</strong> the policy to the <strong>Municipality</strong> at the<br />
time <strong>of</strong> the signing <strong>of</strong> the Agreement.<br />
6. BUILDING MAINTENANCE<br />
<strong>The</strong> <strong>Municipality</strong> will be responsible for all external maintenance necessary to<br />
protect the integrity <strong>of</strong> the building. <strong>The</strong> Club will be responsible for the interior<br />
maintenance <strong>of</strong> the building and all equipment and facilities for which it claims<br />
exclusive use.<br />
7. SIGNAGE<br />
<strong>The</strong> <strong>Municipality</strong> must approve all signage prior to it being erected on the building<br />
or elsewhere on the property.<br />
8. OPERATION AS A YOUTH DROP IN CENTRE<br />
<strong>The</strong> Club shall partner with whomever they choose, within reason, to provide the<br />
necessary staff to carry out its programs and to ensure the safety <strong>of</strong> the<br />
participants and staff.<br />
9. USE OF OTHER MUNICIPAL FACILITES<br />
<strong>The</strong> Club shall be permitted to utilize other municipal facilities including, but not<br />
limited to, the Grand Bend Public School Gymnasium and Lions’ Park for youth<br />
programming at no charge. <strong>The</strong> facility must be booked through the <strong>Municipality</strong>,<br />
and the Club is required to adhere to booking and cancellation policies, as well<br />
as facility policies set forth by the <strong>Municipality</strong>. If at all possible, the <strong>Municipality</strong><br />
138
equests at least 48-hours notice for any cancellation. This will allow for sufficient<br />
time to notify staff. Bookings shall be limited to programs run by the Club for the<br />
Youth Centre. A Youth Centre staff person is required to be in attendance for the<br />
duration <strong>of</strong> the booking, and shall be responsible for all program participants.<br />
10. POSSESSORY INTEREST<br />
It is the intention <strong>of</strong> the parties to this Agreement that the agreement between the<br />
two parties for occupancy by the Club does not create a possessory interest or<br />
any other interest in real property and the property shall remain the sole property<br />
<strong>of</strong> the <strong>Municipality</strong>.<br />
11. MODIFICATIONS TO THE BUILDING<br />
Prior written approval by the Director <strong>of</strong> Community Services is required before<br />
any modifications are made to the building. No modifications will be allowed that<br />
will impede the Municipal access to the water tap in the licensed premises.<br />
12. GENERAL CONDITIONS<br />
a) <strong>The</strong> Club acknowledges that the facility is owned by the <strong>Municipality</strong>, and as<br />
the owner; the <strong>Municipality</strong> has the right to use the facility when required. <strong>The</strong><br />
<strong>Municipality</strong> reserves the right to use any portion <strong>of</strong> the licensed premises for<br />
municipal purposes provided a minimum <strong>of</strong> seven (7) days notice is given to<br />
the Club. <strong>The</strong> seven days notice requirement will be waived in the case <strong>of</strong> an<br />
emergency, at which time no notice will be required to be provided to the<br />
Club;<br />
b) Requests to utilize any space habitually not being used by the Club will be<br />
discussed between the <strong>Municipality</strong> and the Club;<br />
c) <strong>The</strong> Club acknowledges that the <strong>Municipality</strong> is not responsible for lost, stolen<br />
or damaged equipment belonging to the Club.<br />
13. NOTICE OF TERMINATION<br />
If either the Club or the <strong>Municipality</strong> wishes to terminate this license prior to the<br />
end <strong>of</strong> the term created by this Agreement, notice to that affect will be given in<br />
writing NOT LESS THAN SIXTY (60) DAYS prior to each anniversary date or to<br />
the termination date. <strong>The</strong> Club agrees and acknowledges that a notice to<br />
terminate the license as described above shall be delivered or mailed to the<br />
<strong>of</strong>fices <strong>of</strong> the <strong>Municipality</strong> at:<br />
<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
7883 Amtelecom Parkway<br />
Forest, ON N0N 1J0<br />
Attention: Carol McKenzie, Clerk<br />
139
<strong>The</strong> <strong>Municipality</strong> agrees that a notice to terminate the Agreement as described<br />
above shall be delivered or mailed to:<br />
Grand Bend and District Optimist Club<br />
P.O. Box 822<br />
Grand Bend, ON N0M 1T0<br />
EXCEPTION: In the case that the “licensed premises” is required by the<br />
<strong>Municipality</strong> for municipal purposes, the <strong>Municipality</strong> can give notice <strong>of</strong><br />
termination <strong>of</strong> the agreement to the Licensee, providing LESS THAN SIXTY (60)<br />
DAYS notice.<br />
14. INDEMNITY<br />
<strong>The</strong> Club agrees to indemnify and save the <strong>Municipality</strong> 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 Club. <strong>The</strong> Club shall respond to any such<br />
matter by engaging legal counsel to represent the <strong>Municipality</strong>’s interest and will<br />
promptly satisfy any settlement amount, fine, bill <strong>of</strong> costs or judgment imposed<br />
with respect to same.<br />
IN WITNESS WHEREOF the Parties hereto have hereunto caused to be affixed<br />
their respective seals, attested by the hands <strong>of</strong> their proper <strong>of</strong>ficers duly<br />
authorized in that behalf.<br />
SIGNED, SEALED AND DELIVERED<br />
In the presence <strong>of</strong><br />
______________________________<br />
Grand Bend and District Optimist Club<br />
______________________________<br />
Grand Bend and District Optimist Club<br />
THE CORPORATION OF THE<br />
MUNICIPALITY OF LAMBTON SHORES<br />
_____________________________<br />
Mayor Bill Weber<br />
______________________________<br />
Clerk, Carol McKenzie<br />
140
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
BY-LAW 12 OF 2013<br />
Being a By-law to authorize an Agreement between the Corporation <strong>of</strong> the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and the Grand Bend and District Optimist Club<br />
WHEREAS:<br />
<strong>The</strong> Grand Bend and District Optimist Club operates a Youth<br />
Centre out <strong>of</strong> the facility owned by <strong>Lambton</strong> <strong>Shores</strong> located at<br />
16 Municipal Drive in Grand Bend, Ontario;<br />
AND WHEREAS: <strong>The</strong> Grand Bend and District Optimist Club leases the facility<br />
from the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> subject to the terms<br />
and conditions <strong>of</strong> a lease agreement, as amended from time to<br />
time;<br />
AND WHEREAS: <strong>The</strong> term <strong>of</strong> the existing lease agreement has expired and the<br />
Grand Bend and District Optimist Club and the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong> are mutually desirous <strong>of</strong> entering into a new<br />
agreement;<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><br />
the Corporation between the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and the Grand<br />
Bend and District Optimist Club a copy <strong>of</strong> which is attached to this by-law as<br />
“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 28 th day <strong>of</strong> January, 2013.<br />
READ A THIRD TIME AND FINALLY PASSED THIS 28 th DAY OF January, 2013.<br />
___________________________<br />
MAYOR – Bill Weber<br />
141<br />
___________________________<br />
CLERK – Carol McKenzie
THE MUNICIPALITY OF LAMBTON SHORES<br />
D.C.S. Report No. 13-2013 Monday January 21, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Brent Kittmer, Director <strong>of</strong> Community Services<br />
Legacy Centre LEED ® Gold Certification<br />
RECOMMENDATION:<br />
That the report be received for Council’s information.<br />
REPORT<br />
This report is presented to provide Council with an update respecting <strong>Lambton</strong> <strong>Shores</strong>’<br />
LEED ® application for the Legacy Recreation Centre in <strong>The</strong>dford.<br />
<strong>The</strong> Leadership in Energy and Environmental Design (LEED ® ) Green Building Rating<br />
System encourages global adoption <strong>of</strong> sustainable green building and development<br />
practices through the creation and implementation <strong>of</strong> a universally understood and<br />
accepted tools and performance criteria.<br />
LEED ® is a third-party certification program and an internationally accepted benchmark<br />
for the design, construction and operation <strong>of</strong> high performance green buildings. It<br />
provides building owners and operators the tools they need to have an immediate and<br />
measurable impact on their buildings’ performance.<br />
LEED ® promotes a whole-building approach to sustainability by recognizing<br />
performance in five key areas <strong>of</strong> human and environmental health:<br />
sustainable site development<br />
water efficiency<br />
energy efficiency<br />
materials selection<br />
indoor environmental quality<br />
Certification is based on the total point score achieved, following an independent review<br />
and an audit <strong>of</strong> selected credits. With four possible levels <strong>of</strong> certification (certified, silver,<br />
gold and platinum), LEED ® is flexible enough to accommodate a wide range <strong>of</strong> green<br />
building strategies that best fit the constraints and goals <strong>of</strong> particular projects.<br />
<strong>The</strong> Canadian rating systems are an adaptation <strong>of</strong> the US Green Building Council's<br />
(USGBC) LEED ® Green Building Rating System, tailored specifically for Canadian<br />
climates, construction practices and regulations. <strong>The</strong> rating systems are adapted to the<br />
Canadian market through an inclusive process that engages stakeholders and experts<br />
representing the various sectors <strong>of</strong> the Canadian industry.<br />
142
During the design <strong>of</strong> the Legacy Centre Fluent Engineering incorporated various design<br />
features into the project for the purpose <strong>of</strong> pursuing the LEED ® Silver designation for the<br />
facility. <strong>The</strong>se design features included:<br />
A new high-efficiency refrigeration plant for the ice rink;<br />
A low-emissivity ceiling over the rink playing surface to lower radiant heat loss<br />
from the ice to the ro<strong>of</strong>ing assembly and minimize loads on the refrigeration<br />
plant;<br />
Low-flow lavatory faucets and showerheads to reduce water consumption and<br />
hot water demand;<br />
Heat reclaim from the refrigeration plant for in-floor hydronic radiant heating<br />
system, as well as the domestic hot water supply;<br />
Back up heating by high-efficiency condensing boilers and water heaters;<br />
Variable speed pumping systems;<br />
Increased natural daylight;<br />
Energy-efficient lighting for new lighting systems;<br />
Occupancy and daylight sensors for control <strong>of</strong> lighting systems;<br />
Heat recovery on ventilation air, including a dedicated outdoor air system (via<br />
HRV) in the change room area;<br />
Under slab insulation (R-10) throughout to minimize heat loss from the in-floor<br />
radiant heating system;<br />
High-efficiency cooling and ventilation<br />
Demand controlled ventilation (via CO2 sensors) to reduce fan power; and<br />
Energy Star ® rated commercial kitchen equipment;<br />
On January 21, 2013 <strong>Lambton</strong> <strong>Shores</strong> received the <strong>of</strong>ficial notice that the Legacy<br />
Recreation Centre has exceeded the LEED ® Silver standard and has received the<br />
LEED ® Gold certification. <strong>The</strong> Legacy Recreation Centre is the first LEED ® Certified<br />
building in <strong>Lambton</strong> <strong>Shores</strong>. LEED ® Certification distinguishes building projects that<br />
have demonstrated a commitment to sustainability by meeting the highest performance<br />
standards.<br />
Respectfully submitted<br />
Brent Kittmer, P.Eng.<br />
Director <strong>of</strong> Community Services<br />
Attachments:<br />
1. CaGBC Final LEED ® Review<br />
143
THE MUNICIPALITY OF LAMBTON SHORES<br />
D.C.S. Report No. 14-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Brent Kittmer, Director <strong>of</strong> Community Services<br />
Issues regarding Property owners and the Placement <strong>of</strong> Snow Stakes in<br />
Port Franks<br />
RECOMMENDATION:<br />
For Council information.<br />
REPORT<br />
As Council is aware a major part <strong>of</strong> the mandate <strong>of</strong> the Community Services department<br />
is winter snow removal. Within the <strong>Municipality</strong> is over 300 km <strong>of</strong> roads that are<br />
maintained by the Community Services department. Response times are critical to<br />
ensure that residents’ safety and quality <strong>of</strong> life are maintained even in the worst weather<br />
during the winter months.<br />
Within residential areas in <strong>Lambton</strong> <strong>Shores</strong> there are many twisting narrow streets,<br />
dead ends, crescents, elevation differences, and other challenges that can make quick<br />
removal <strong>of</strong> snow a challenge. <strong>The</strong> Community Services Department takes steps such as<br />
training and assigning routes to particular operators in order to mitigate some <strong>of</strong> these<br />
challenges. Over the years, there are also many private residents who will place<br />
delineating stakes or markers fronting their properties in trouble spots as a helpful<br />
indicator <strong>of</strong> roadways, driveways, or grass areas that in the past may have been<br />
damaged by snow plowing activities. Generally our operators find these markers to<br />
helpful and we appreciate efforts by our residents to help improve our snow plowing<br />
operations. In the past, the placement <strong>of</strong> these markers has been on a case by case<br />
basis with a phone call to the Municipal <strong>of</strong>fices being sufficient for approval.<br />
Unfortunately this ‘un<strong>of</strong>ficial’ policy has caused a disagreement between a pair <strong>of</strong><br />
neighbours in the Port Franks area which Community Services staff have been unable<br />
to resolve. Resident ‘A’ came to the Northville <strong>of</strong>fice to ask permission to place some<br />
stakes to mark a green area at the front <strong>of</strong> his property on a dead end street that has<br />
historically had some sod damage after plowing. As described above the Community<br />
Services Department had informally accepted marker placements such as these in the<br />
past and also accepted these markers. Resident ‘B’, the neighbor across the dead end<br />
street, complained to the Community Services Department about the markers. In an<br />
effort to reach a compromise, Community Services staff contacted Neighbour ‘A’ to ask<br />
him to make changes to the marker placements. Neighbour ‘A’ was not happy with this<br />
compromise and refused to make any adjustments. Community Services staff then went<br />
out and adjusted the placement <strong>of</strong> markers in order to enforce the compromise.<br />
Neighbour ‘B’ has also reaffirmed his disagreement with the compromise and wants<br />
further adjustments.<br />
144
<strong>The</strong> Community Services department staff at this point does not believe the markers in<br />
their current placement represent an issue or interference with municipal operation and<br />
that the disagreement may be more than an issue with snow removal operations. We<br />
have recommended to both parties that it would be in everyone’s interest for an<br />
agreement between each party be made but at this point it has not happened and the<br />
conflict has continued.<br />
At this point in time staff does not believe that there are any further actions that can be<br />
taken by the municipality to resolve this conflict. Municipal staff has made a reasonable<br />
effort to establish a compromise and neither neighbour has chosen to accept this<br />
solution and are therefore bringing the issue to Council.<br />
Respectfully submitted,<br />
Brent Kittmer, P.Eng.<br />
Director <strong>of</strong> Community Services<br />
Report Prepared by Nick Verhoeven, P.Eng., North Area Manager<br />
145
THE MUNICIPALITY OF LAMBTON SHORES<br />
D.C.S. Report No. 15-2013 Wednesday, January 23, 2013<br />
TO:<br />
FROM :<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Brent Kittmer, Director <strong>of</strong> Community Services<br />
Municipal Drains – <strong>The</strong>dford Marsh Drainage Request<br />
RECOMMENDATION:<br />
That the report be received for Council’s information.<br />
REPORT<br />
Every fall, <strong>Lambton</strong> <strong>Shores</strong> notifies landowners <strong>of</strong> the process to have drain<br />
maintenance completed, which requires the submittion <strong>of</strong> a “Maintenance Request<br />
Form” to the drainage superintendent. This initiates the process and invloveds the<br />
Drainage Superintendent reviewing the drainage reports on file, ensuring that there is a<br />
current by-law which covers the drain. Once this review is completed, a physical review<br />
<strong>of</strong> the drainage area is done.<br />
Grower groups with interest in the <strong>The</strong>dford Marsh area have requested that an<br />
automatic maintenance program be initaiated on a three year cycle (see attached<br />
letter). This will ensure that the drains are functioning adequately per the design <strong>of</strong> the<br />
engineer. <strong>The</strong> reason this request has been brought forward is due to the<br />
characteristics <strong>of</strong> the soils within the marsh <strong>The</strong> soil composition in the Lake Smith area<br />
is a light loam composition <strong>of</strong> organic deposits consisting <strong>of</strong> peat, muck and marl. This<br />
area has been prime cropland for the vegetable growers in the area for decades, and<br />
given the characteristics <strong>of</strong> the soil, it is very susceptible to wind erosion (thus filling in<br />
the drains) and excessive water retention if the drains do not provide a proper drainage<br />
conduit.<br />
Staff have consulted with OMAFRA regarding the municipality’s ability to initiate drain<br />
maintenacnce without a specific request being filed each year, and received the<br />
information below from Sid Vanderveen, Drainage Coordinator for the Ministry <strong>of</strong><br />
Agriculture, Food and Rural Affairs quoting section 74 & 79 <strong>of</strong> the Drainage Act that<br />
relates to this request. <strong>The</strong> municipal responsibility for drain maintenance and repair is<br />
assigned by Section 74 <strong>of</strong> the Drainage Act:<br />
“Any drainage works constructed under a by-law passed under this Act or any<br />
predecessor <strong>of</strong> this Act, relating to the construction or improvement <strong>of</strong> a drainage<br />
works by local assessment, shall be maintained and repaired by each local<br />
municipality through which it passes, to the extent that such drainage works lies<br />
within the limits <strong>of</strong> such municipality, at the expense <strong>of</strong> all the upstream lands<br />
and roads in any way assessed for the construction or improvement <strong>of</strong> the<br />
drainage works and in the proportion determined by the then current by-law<br />
pertaining thereto until, in the case <strong>of</strong> each municipality, such provision for<br />
146
maintenance or repair is varied or otherwise determined by an engineer in a<br />
report or on appeal therefrom.”<br />
Although it has been the practice for <strong>Lambton</strong> <strong>Shores</strong> to wait for a maintenance request<br />
to be filed before intiating work, this is not required under the Drainage Act. In fact,<br />
there are several municipalities in the Province that have a proactive, scheduled drain<br />
maintenance program.<br />
Section 79(1) <strong>of</strong> the Drainage Act states the following:<br />
“Upon forty-five days’ notice served by any person affected by the condition <strong>of</strong> a<br />
drainage works, upon the head or clerk <strong>of</strong> the local municipality whose duty it is<br />
to maintain and repair the drainage works, the municipality is compellable by an<br />
order <strong>of</strong> the referee to exercise the powers and to perform the duties conferred or<br />
imposed upon it by this Act as to maintenance and repair or such <strong>of</strong> the powers<br />
and duties as to the referee appears proper, and the municipality is liable in<br />
damages to the owner whose property is so injuriously affected.”<br />
While some may interpret that this section as requiring notice to be given, that is not<br />
the case. This section indicates that municipal liability is triggered if an affected<br />
property owner gives notice that maintenance or repair is required.<br />
<strong>The</strong> Drainage Superintendent has agreed to meet each spring with the grower’s group<br />
to discuss the scheduled seasonal drainage cleanouts based on the requested 3 year<br />
cycle. In total there would be 3-4 <strong>of</strong> the 14 municipal drains in the area cleaned each<br />
year and all work would be assessed to the benefing landowners in the drainage area.<br />
Based on the feedback received from OMAFRA, there is no further action or decisions<br />
required from Council respecting this matter. <strong>The</strong> 3 year clean-oput schedule can be<br />
accommodated, and, as noted, staff will meet with the grower’s groupd each year to<br />
discuss the needs. <strong>The</strong> purpose <strong>of</strong> this report is to provide Council with the necessary<br />
information to respond to upstream property owners who do not necessarily see a direct<br />
benefit from the clean-out and inquire why they are being assessed for maintenance<br />
costs.<br />
Respectfully submitted,<br />
Brent Kittmer, P.Eng.<br />
Director <strong>of</strong> Community Services<br />
Report Prepared by Allan Little, Drainage Superintendent<br />
147
148
THE MUNICIPALITY OF LAMBTON SHORES<br />
D.C.S. Report No. 16-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM<br />
RE:<br />
Mayor Bill Weber and Members <strong>of</strong> Council<br />
Brent Kittmer, Director <strong>of</strong> Community Services<br />
DWQMS Update Quarter 4 2012 and Annual Endorsement<br />
RECOMMENDATION:<br />
That D.C.S. Report No. 16-2013 be received and that<br />
Council endorse the current DWQMS Plan and commit to<br />
continuing to provide safe drinking water to <strong>Lambton</strong> <strong>Shores</strong>’<br />
residents in accordance with standards and regulations.<br />
REPORT<br />
<strong>Lambton</strong> <strong>Shores</strong> received its first Drinking Water License in December 2010 under the<br />
Safe Drinking Water Act (SDWA). Drinking Water Licenses were implemented by the<br />
Ministry <strong>of</strong> Environment as a result <strong>of</strong> findings following the Walkerton Inquiry. <strong>The</strong><br />
SDWA enacted significant changes to the regulation <strong>of</strong> drinking water systems in the<br />
Province <strong>of</strong> Ontario.<br />
A requirement <strong>of</strong> a Municipal Drinking Water License is to maintain an active Drinking<br />
Water Quality Management System (DWQMS). <strong>The</strong> DWQMS is a management system<br />
based on ISO and other international standards. <strong>The</strong> <strong>Lambton</strong> <strong>Shores</strong> DWQMS<br />
conforms to the MOE standard <strong>of</strong> 21 elements and is based on a ‘plan-do-checkimprove’<br />
approach.<br />
On an annual basis Council is asked to endorse the operational plan. Record <strong>of</strong> the<br />
annual endorsement is enclosed within the operational plan as required and is available<br />
for audit purposes as required by staff or external regulators. Record consists <strong>of</strong> an<br />
excerpt <strong>of</strong> a motion endorsing the DWQMS Operational Plan from council minutes. <strong>The</strong><br />
endorsement is a commitment by council to the stated goals <strong>of</strong> the DWQMS to a ‘plando-check-improve’<br />
approach to the provision <strong>of</strong> safe drinking water in <strong>Lambton</strong> <strong>Shores</strong>.<br />
<strong>The</strong> <strong>Lambton</strong> <strong>Shores</strong> DWQMS has a number <strong>of</strong> requirements for staff to review and<br />
evaluate components <strong>of</strong> the plan. <strong>The</strong>se events are carried out by the <strong>Lambton</strong> <strong>Shores</strong><br />
Infrastructure Manager and Community Services Administrative Assistant accompanied<br />
by appropriate staff from the Operating Authority. <strong>The</strong> events include quarterly internal<br />
audits, annual facilities tour, and external and DWQMS related unscheduled meetings.<br />
A summary <strong>of</strong> DWQMS events in 2012 is provided:<br />
149
Recent events<br />
Internal Audits: March 1, 2012, June 14, 2012, October 25, 2012, December 6, 2012,<br />
December 18, 2012<br />
Facilities Tour: October 1, 2012<br />
Management Review: December 28, 2012<br />
Future Events in the next Quarter (to March 31, 2013):<br />
Internal Audit: March 19, 2013<br />
Next Council Update: April 2013 with Internal Audit Results.<br />
Changes required by audit or other events are incorporated into the DWQMS plans<br />
throughout the year. As the changes are complete they are reviewed and approved by<br />
the Infrastructure Manager and Director <strong>of</strong> Community Services. <strong>The</strong> document is<br />
readily available to the public on the Municipalities website.<br />
Element 3 <strong>of</strong> the Plan requires that the “Owner” (Mayor and Council) review revisions<br />
the plan on a quarterly basis. Attached to this report is the latest revision table detailing<br />
changes made to the plan. Typically changes made are <strong>of</strong> an administrative nature and<br />
have no significant change to operations. Changes that do have a significant change to<br />
the plan or to water operations will be reported to Council at the appropriate time.<br />
An updated policy statement is attached. This statement is updated annually and is<br />
contained within the plan. <strong>The</strong> policy statement confirms the commitment that staff have<br />
to the provision <strong>of</strong> safe drinking water through the Quality Management System.<br />
<strong>The</strong> spirit behind the implementation <strong>of</strong> the DWQMS is to enact a continuous self<br />
improvement approach to the delivery <strong>of</strong> water services. <strong>The</strong> <strong>Lambton</strong> <strong>Shores</strong> DWQMS<br />
team has taken a very self critical approach in order to identify and implement the best<br />
possible service to our residents. As owner, council should be aware and involved in our<br />
water operations and endorse the ongoing self awareness and success <strong>of</strong> the <strong>Lambton</strong><br />
<strong>Shores</strong>’ DWQMS.<br />
Respectfully submitted,<br />
Brent Kittmer, P.Eng.<br />
Director <strong>of</strong> Community Services<br />
Report Prepared by Jeff Wolfe, Infrastructure Manager<br />
Attachments:<br />
1. Schedule A – Revision Table<br />
2. Schedule B – Policy Statement<br />
150
Schedule A – Revision Table<br />
Drinking Water Quality Management System Operational Plan Revisions<br />
NOTE: ALL REVISIONS MUST BE DATED AND CLEARLY DOCUMENTED ON THE PAGES<br />
WITHIN THE REVISED PLAN PRINTED AND RELEASED<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
Quality Management System- Element 1<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van Added title block on the front <strong>of</strong> the<br />
Howley Mierlo-West page<br />
Added Footer to each page<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
2 15/11/2011 Natasha<br />
Vaessen<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
Revision<br />
Number<br />
1 14/04/2010<br />
Quality Management System Policy - Element 2<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West<br />
Added title block on the front page<br />
Added footer to each page<br />
Commitment System Policy - Element 3<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
Nick Verhoeven<br />
Added footer to each page<br />
Changed "endorse the Operational<br />
Plan <strong>of</strong> the DWQMS and will<br />
review the revisions annually" to<br />
"endorse the Operational Plan <strong>of</strong><br />
the DWQMS annually and will<br />
review revisions quarterly"<br />
Quality Management System Representative - Element 4<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West<br />
Added title block on the front page<br />
Added footer to each page<br />
Document and Records Control - Element 5<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
151
Revision<br />
Number<br />
1 14/04/2010<br />
Revision<br />
Number<br />
Added footer to each page<br />
East <strong>Lambton</strong> <strong>Shores</strong> Water Distribution System - Element 6<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
Added footer to each page<br />
Revision<br />
Date<br />
1 14/04/2010<br />
2 03/12/2010<br />
Risk Assessment and Outcomes - Element 7/8<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West<br />
Added title block on the front page<br />
Added footer to each page<br />
Tanya<br />
Howley Nick Verhoeven In the third paragraph tak out top<br />
Operational Structure, Roles, Responsibilities and Authorities - Element 9<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
Tanya Peggy Van<br />
1 14/04/2010 Howley Mierlo-West<br />
Revision<br />
Number<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
2 03/03/2011 Shannon<br />
Prout<br />
Added title block on the front page<br />
Added footer to each page<br />
Competencies - Element 10<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
Nick Verhoeven<br />
Added footer to each page<br />
Removed Operations Supervisor<br />
from the Competencies Chart<br />
Removed operations supervisor<br />
and replaced with project manager<br />
in paragraph<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
Personal Coverage - Element 11<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
Added footer to each page<br />
Changed the time from 4:00pm to<br />
4:30pm<br />
152
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
2 07/10/2011 Natasha<br />
Vaessen<br />
Revision<br />
Number<br />
Communication - Element 12<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
Nick Verhoeven<br />
Added footer to each page<br />
Change "meetings filed at<br />
Northville Office" to "updates are<br />
provided through regular reports to<br />
the owner"<br />
Essential Suppliers and Services - Element 13<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
1 30/09/2009 Rick Marsh Peggy Van<br />
Mierlo-West<br />
2 14/04/2010<br />
Revision<br />
Number<br />
Tanya<br />
Howley<br />
Peggy Van<br />
Mierlo-West<br />
This element has been re-written.<br />
Remove existing element in the<br />
plan and replace. A copy <strong>of</strong> the rewritten<br />
element is included with this<br />
revision<br />
Added title block on the front page<br />
Added footer to each page<br />
Change Director <strong>of</strong> Community<br />
Services to Project and<br />
Infrastructure Manager<br />
Review and Provision <strong>of</strong> Infrastructure - Element 14<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
1 30/09/2009 Rick Marsh Peggy Van<br />
Mierlo-West<br />
2 14/04/2010<br />
Tanya<br />
Howley<br />
Peggy Van<br />
Mierlo-West<br />
This element has been re-written.<br />
Remove existing element in the<br />
plan and replace. A copy <strong>of</strong> the rewritten<br />
element is included with this<br />
revision<br />
Added title block on the front page<br />
Added footer to each page<br />
Infrastructure, Maintenance, Rehabilitation and Renewal - Element 15<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
Completed<br />
By Authorized By Remarks<br />
1 30/09/2009 Rick Marsh Peggy Van<br />
Mierlo-West<br />
2 14/04/2010<br />
Tanya<br />
Howley<br />
Peggy Van<br />
Mierlo-West<br />
This element has been re-written.<br />
Remove existing element in the<br />
plan and replace. A copy <strong>of</strong> the rewritten<br />
element is included with this<br />
revision<br />
Added title block on the front page<br />
Added footer to each page<br />
153
Revision<br />
Number<br />
1 14/04/2010<br />
Change Director <strong>of</strong> Community<br />
Services to Project and<br />
Infrastructure Manager<br />
Sampling, Testing and Monitoring - Element 16<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
2 03/12/2010<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
Tanya<br />
Howley<br />
2 03/03/2011 Shannon<br />
Prout<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
2 03/12/2010 Tanya<br />
Howley<br />
Nick Verhoeven<br />
Added footer to each page<br />
Added North Middlesex to the third<br />
paragraph<br />
Added pressure gages flow<br />
monitoring to the last sentence in<br />
the third paragraph<br />
Measurement and Recording - Element 17<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
Nick Verhoeven<br />
Added footer to each page<br />
Changed "procedure annually and<br />
recorded" to "procedure monthly<br />
and recorded".<br />
Emergency Management - Element 18<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
Changed Director <strong>of</strong> Community<br />
Services to Project and<br />
Infrastructure Manager<br />
Add footer to each page<br />
Nick Verhoeven<br />
Added located in the East and<br />
West Manuals<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
Internal Audit - Element 19<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
Added footer to each page<br />
Changed Director <strong>of</strong> Community<br />
Services to Project and<br />
Infrastructure Manager<br />
154
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
2 14/12/2011 Natasha<br />
Vaessen<br />
Management Review - Element 20<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
Added footer to each page<br />
Take out Owner<br />
Added Project and Infrastructure<br />
Nick Verhoeven<br />
Manager<br />
Added "<strong>The</strong> Owner will receive the<br />
results <strong>of</strong> the Management Review<br />
through regular reports"<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
Continual Improvement - Element 21<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van<br />
Howley Mierlo-West Added title block on the front page<br />
Added footer to each page<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010 Tanya<br />
Howley<br />
2 16/06/2011<br />
Annex A - Council Endorsement<br />
Completed<br />
By Authorized By Remarks<br />
Peggy Van<br />
Mierlo-West<br />
Change the date on the document<br />
to March 10, 2009<br />
Added title block on the front page<br />
Added footer to each page<br />
Shannon<br />
Prout Nick Verhoeven Added 2011 Council Report<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
Annex B - System Schematic<br />
Completed<br />
By Authorized By Remarks<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 30/09/2009 Rick Marsh<br />
Tanya<br />
2 14/04/2010 Howley<br />
Annex C - Operations Organization Chart<br />
Completed<br />
By Authorized By Remarks<br />
Peggy Van<br />
Mierlo-West<br />
Peggy Van<br />
Mierlo-West<br />
Change Operator Supervisor to<br />
Operations Supervisor<br />
Added footer to each page<br />
Operations Organization Chart add<br />
<strong>Lambton</strong> <strong>Shores</strong> Administrative<br />
Assistant, change on <strong>of</strong> the OMI<br />
Administrative Specialist to<br />
Administrative Assistant<br />
155
3 03/03/2011 Shannon<br />
Prout<br />
Nick Verhoeven<br />
Added title block to front <strong>of</strong> the<br />
page<br />
Remove OMI Administrative<br />
Assistant<br />
Remove OMI Operations<br />
Supervisor Alternate ORO<br />
4 26/10/2012 Jeff Wolfe Brent Kittmer Update OMI Project Manager title<br />
Revision<br />
Number<br />
Annex D - Operational Responsibilities and Authorities<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
Peggy Van<br />
Mierlo-West<br />
1 14/04/2010 Tanya<br />
Howley<br />
2 03/12/2010<br />
03/12/2010<br />
Tanya<br />
Howley<br />
Tanya<br />
Howley<br />
3 03/03/2011 Shannon<br />
Prout<br />
Peggy Van<br />
Mierlo-West<br />
Nick Verhoeven<br />
Nick Verhoeven<br />
Under Project and Infrastructure<br />
Manager add Administrative<br />
Assistant roles and responsibilities<br />
for <strong>Lambton</strong> <strong>Shores</strong><br />
Take out CH2M Hill, change to<br />
OMI<br />
Add administrative Assistant under<br />
Administrative Specialist<br />
Added footer to each page<br />
Added title block to front page<br />
Added QMS Representative to the<br />
Director <strong>of</strong> Community Services<br />
Deleted QMS Representative to<br />
Infrastructure Manager<br />
Deleted Operations Supervisor<br />
Added to Project Manager<br />
supervise employees and trains<br />
Added Directs operations in the<br />
day to day operations and<br />
maintenance <strong>of</strong> water distribution<br />
system maintains parts and<br />
chemical supplies<br />
Add prepares work schedules and<br />
CMMS<br />
Removed Operations Supervisor<br />
wherever listed and replaced with<br />
Project Manager if the Project<br />
Manager was not alredy listed.<br />
Revision<br />
Number<br />
Annex E - Essential Supplies and Services - Contact List<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
156
1 30/09/2009 Rick Marsh Peggy Van<br />
Mierlo-West<br />
2 14/04/2010<br />
Tanya<br />
Howley<br />
3 03/03/2011 Shannon<br />
Prout<br />
4 13/07/2011 Shannon<br />
Prout<br />
5 07/10/2011 Natasha<br />
Vaessen<br />
6 28/03/2012 Tanya<br />
Howley<br />
7 26/10/2012 Connie<br />
Garrison<br />
8 18/12/2012 Connie<br />
Garrison<br />
Peggy Van<br />
Mierlo-West<br />
Nick Verhoeven<br />
Nick Verhoeven<br />
Nick Verhoeven<br />
Nick Verhoeven<br />
Jeff Wolfe<br />
Jeff Wolfe<br />
Remove the existing Annex E in<br />
the plan and replace with the<br />
correct contact list. This revision<br />
was originally document for change<br />
from the Internal Review. See pg<br />
15. A copy <strong>of</strong> the re-submitted<br />
Annex E is included with this<br />
revision-Essential Supplies and<br />
Services-Contact List to update the<br />
plan.<br />
Added footer to each page<br />
Add listing after services<br />
Added title block to front page<br />
Added D.H. Jutzi as a supplier<br />
Added the After Hours number to<br />
SGS London Lab<br />
Updated contact information<br />
Updated contact information<br />
Updated contact information<br />
Updated Contact information<br />
Annex F - Council Report/Resolution/Policy<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
1 30/09/2009 Rick Marsh Peggy Van<br />
Mierlo-West<br />
Revision<br />
Number<br />
2 14/04/2010<br />
Tanya<br />
Howley<br />
3 03/12/2010<br />
Tanya<br />
Howley<br />
4 03/03/2011 Shannon<br />
Prout<br />
5 16/06/2011 Shannon<br />
Prout<br />
Peggy Van<br />
Mierlo-West<br />
Nick Verhoeven<br />
Nick Verhoeven<br />
Add the council Resolution into the<br />
Plan and remove "Schedule A"<br />
from the policy statement Annex F<br />
to include the Council<br />
report/resolution and policy. A copy<br />
<strong>of</strong> the resolution is included with<br />
this revision table to update the<br />
plan.<br />
Change the date<br />
Added title block to front page<br />
Added footer to each page<br />
Added Annex F title to council<br />
report<br />
Added titles "Council Report",<br />
"Resolution" and "Policy" to each<br />
statement<br />
Added the 2011 Council Report,<br />
2011 Resolution and 2011 Policy<br />
157
6 28/03/2012<br />
Tanya<br />
Howley<br />
Nick Verhoeven<br />
Added the 2012 Resolution and<br />
2012 Policy<br />
Revision<br />
Number<br />
Procedure A - Document and Record Control<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
Peggy Van<br />
Mierlo-West<br />
1 14/04/2010 Tanya<br />
Howley<br />
2 13/12/2011 Natasha<br />
Vaessen<br />
Revision<br />
Number<br />
Nick Verhoeven<br />
Change Office Assistant to<br />
Administrative Assistant<br />
Under Approving Documents:<br />
Change Director <strong>of</strong> Community<br />
Services to Projects and<br />
Infrastructure Manager<br />
Under Creating New Updating<br />
Existing Document: Change<br />
Infrastructure Manager to Project<br />
and Infrastructure Manager<br />
Added footer to the bottom <strong>of</strong> each<br />
page<br />
Added title block to the front page<br />
Added "Electronic documents are<br />
available on a shared web-based<br />
network, secured by username and<br />
password. <strong>The</strong> network is<br />
subjected to daily updates."<br />
Under Document Availability:<br />
added "Council meeting minutes<br />
regarding DWQMS are retained in<br />
the QMS binder at the Northville<br />
Office, Water Department."<br />
Under Approving Documents:<br />
changed Project and Infrastructue<br />
Manager to Director <strong>of</strong> Community<br />
Services<br />
Procedure B - East <strong>Lambton</strong> Risk Assessment and Outcomes<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
1 14/04/2010 Tanya<br />
Howley<br />
Peggy Van<br />
Mierlo-West Change the Severity from 3 to 4<br />
Change Detectability from 1 to 4<br />
Change High Risk CCP Threshold<br />
from 5 to 9<br />
Change CCP No below risk<br />
threshold from CCP to Yes, isolate<br />
and supple from LAWSS<br />
Change Likelihood from 5 to 2<br />
Change High Risk CCP Threshold<br />
from 7 to 4<br />
Add in the comment use 12 hour<br />
158
2 13/12/2011 Natasha<br />
Vaessen<br />
Nick Verhoeven<br />
outage<br />
In the column backflow from private<br />
plumbing (cross connection)<br />
change the detectability from 3 to 4<br />
Change High Risk CCP from 7 to 8<br />
Change CCP from no below risk<br />
threshold for CCP to, Yes, see<br />
emergency procedure<br />
Changed "identity" to "identify" in<br />
the first paragraph<br />
Changed "Management OMI<br />
Management" to Management and<br />
OMI Management" in the third<br />
paragraph<br />
Revision<br />
Number<br />
Procedure C - West <strong>Lambton</strong> Risk Assessment and Outcomes<br />
Revision Completed<br />
Date By Authorized By Remarks<br />
Peggy Van<br />
Mierlo-West<br />
1 14/04/2010 Tanya<br />
Howley<br />
2 03/12/2010 Tanya<br />
Howley<br />
3 13/12/2011 Natasha<br />
Vaessen<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010 Tanya<br />
Howley<br />
Nick Verhoeven<br />
Nick Verhoeven<br />
Add Vandalism/Terrorism column<br />
to the Risk Assessment Table<br />
Add Power outage to the Risk<br />
Assement Table<br />
Change High Risk CCP Threshold<br />
to 9 from 8<br />
Change CCP from no-below risk<br />
threshold from CCP to isolate and<br />
supply from LHPWSS<br />
Added footer to the end <strong>of</strong> each<br />
page<br />
Added title block to the front page<br />
Deleted top management<br />
Changed "identity" to "identify" in<br />
the first paragraph<br />
Procedure D - Personnel Coverage<br />
Completed<br />
By Authorized By Remarks<br />
Peggy Van<br />
Mierlo-West<br />
Change section (If calls come in at<br />
the Forest or Grand Bend Office<br />
staff will redirect calls to the<br />
Northville Office<br />
Added footer to the end <strong>of</strong> each<br />
page<br />
Added title block to the front page<br />
2 26/10/2012 Jeff Wolfe Brent Kittmer Added information for "after hours"<br />
to identify a 1 hour response time<br />
and the location <strong>of</strong> the on-call list<br />
159
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010<br />
2 14/12/2011 Natasha<br />
Vaessen<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 14/04/2010 Tanya<br />
Howley<br />
2 14/12/2011 Natasha<br />
Vaessen<br />
Procedure E -Internal Audit<br />
Completed<br />
By Authorized By Remarks<br />
Tanya Peggy Van Take out (for the upcoming fiscal<br />
Howley Mierlo-West year)<br />
Added footer to the end <strong>of</strong> each<br />
page<br />
Nick Verhoeven<br />
Added title block to the front page<br />
Under Reporting the Results:<br />
added "An electronic copy <strong>of</strong> the<br />
results shall be available on the<br />
shared web-based network."<br />
Procedure F - Management Review<br />
Completed<br />
By Authorized By Remarks<br />
Peggy Van<br />
Mierlo-West<br />
Nick Verhoeven<br />
Take out (the owner) and change<br />
(Director <strong>of</strong> Community Services)<br />
to Project and Infrastructure<br />
Manager<br />
Added footer to the end <strong>of</strong> each<br />
page<br />
Added title block to the front page<br />
Added "Element 14 minutes from<br />
previous years"<br />
Revision<br />
Number<br />
Revision<br />
Date<br />
1 30/09/2009 Rick Marsh<br />
2 14/04/2010<br />
Table <strong>of</strong> Contents<br />
Completed<br />
By Authorized By Remarks<br />
Peggy Van<br />
Mierlo-West<br />
Tanya<br />
Howley<br />
Peggy Van<br />
Mierlo-West<br />
Added Table <strong>of</strong> Contents to<br />
Document<br />
Table <strong>of</strong> Contents - Annex F -<br />
Remove (Schedule A) Annex F to<br />
read as follows - Council<br />
Report/Resolution Policy<br />
Table <strong>of</strong> Contents - Annex E -<br />
Annex E should read - Essential<br />
Supplies and Services - Contact<br />
List<br />
Added footer to each page<br />
Changed Page Numbers to match<br />
the Document<br />
Changed Page Numbers to match<br />
3 03/12/2010<br />
Tanya<br />
Howley Nick Verhoeven the Document<br />
Shannon<br />
Changed Page Numbers to match<br />
4 16/06/2011 Prout Nick Verhoeven the Document<br />
5 07/10/2010 Natasha Nick Verhoeven Changed Page Numbers to match<br />
160
6 28/03/2012<br />
Vaessen<br />
Tanya<br />
Howley<br />
Nick Verhoeven<br />
the Document<br />
Changed Page Numbers to match<br />
the Document<br />
Revision<br />
Number<br />
General Revisions<br />
Completed<br />
By Authorized By Remarks<br />
Revision<br />
Date<br />
1 30/09/2009 Rick Marsh Peggy Van<br />
Mierlo-West<br />
2<br />
Tanya<br />
14/04/2010 Howley<br />
3 03/03/2011 Shannon<br />
Prout<br />
4<br />
14/02/2012<br />
5 28/03/2012<br />
Tanya<br />
Howley<br />
Tanya<br />
Howley<br />
Peggy Van<br />
Mierlo-West<br />
Nick Verhoeven<br />
Brent Kittmer<br />
Nick Verhoeven<br />
6 28/12/2012 Jeff Wolfe Brent Kittmer<br />
If an Annex/Procedure is more than<br />
one page, record the<br />
Annex/Procedure letter on each<br />
additional page.<br />
In the body <strong>of</strong> the plan where an<br />
Annex or Procedure is indicated<br />
remove the page numbers<br />
recorded a the page numbers will<br />
constantly change with additions<br />
and deletions.<br />
Start every element on a new page<br />
Updated revision chart. Revision<br />
number is reflected by the date<br />
now and not the number <strong>of</strong><br />
changes made on that date.<br />
Re-formatted pages<br />
Changed revision number and date<br />
as reflected on new Revision Table<br />
Change the title page added Brent<br />
Kittmer's name and he signed the<br />
current copy<br />
Change the title page to match new<br />
revision date<br />
Change the title page to match new<br />
revision date<br />
161
Schedule B – Policy Statement<br />
162
THE MUNICIPALITY OF LAMBTON SHORES<br />
TR Report No. 10-2013 Wednesday, January 16, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Janet Ferguson, Treasurer<br />
2013 Education Tax Rates<br />
RECOMMENDATION:<br />
For information only.<br />
REPORT<br />
For school purposes, the Ministry <strong>of</strong> Finance prescribes in each year a uniform<br />
education tax rate for residential, multi-residential, and new multi-residential properties<br />
across the province. Each year they have the choice <strong>of</strong> reconfirming the current rate or<br />
recalculating new rates for one or all tax classes. Farm and managed forest properties<br />
follow the prescribed rate <strong>of</strong> 25% <strong>of</strong> the residential rate. For each reassessment year,<br />
the provincial government resets the residential education tax rate to ensure that<br />
education tax revenues for the class remain constant.<br />
Business Education Tax (BET) rates for the commercial, industrial and pipeline tax<br />
classes are not standardized across the Province. <strong>The</strong> Province determines the rate for<br />
each upper tier municipality, recognizing local reassessments, to ensure that the same<br />
amount <strong>of</strong> tax is collected across the Province.<br />
All education taxes are collected by the local municipality and remitted to the local<br />
school boards on a quarterly basis.<br />
An amendment to Ontario Regulation 400/98 filed on December 21 st , 2012 set the<br />
municipal specific and uniform education rates for 2013. As in previous reassessment<br />
years the Province is adjusting the residential education tax rate.<br />
<strong>The</strong> 2013 residential education rate will be 0.00212000% which is a reduction from the<br />
2012 rate <strong>of</strong> 0.00221000%. This reduction is 4.07% or $9.00 per $100,000.00 <strong>of</strong><br />
assessment.<br />
Properties in the farm and managed forest tax classes will be taxed at 25% <strong>of</strong> this rate,<br />
therefore being 0.00530000%.<br />
Since 2007, high Business Education Tax (BET) rates have been reduced by the<br />
Province. Under the original BET reduction plan, reductions were to continue to 2014.<br />
<strong>The</strong> province, in accordance with their 2012 Provincial budget, will be freezing further<br />
reductions beginning in 2013. <strong>The</strong> government will resume the BET reductions when<br />
the province returns to a balanced budget position in 2017 – 2018.<br />
163
<strong>The</strong> Broad Class rates are established, then those with Optional classes, as in <strong>Lambton</strong><br />
County, are also set by the Province rather than the individual County tax ratio’s being<br />
applied. <strong>The</strong> Province established a set <strong>of</strong> “New Construction” property classes for<br />
new or significantly improved properties. <strong>The</strong>se classes have been established for<br />
properties that would otherwise fall in the broad commercial or industrial classes but<br />
have no impact on the municipal portion <strong>of</strong> the tax bill. <strong>The</strong> lower tax rate for the “New<br />
Construction” properties provide incentive to property owners to either start a new<br />
business or improve their properties.<br />
<strong>The</strong> tax rates for 2013 for the Commercial, Industrial residual class as well as New<br />
Construction tax classes remain unchanged over 2012.<br />
Commercial Industrial New Construction<br />
2013 0.01490000 0.01590000 0.01260000<br />
<strong>The</strong> Province is also continuing their program to provide BET cuts to match municipal<br />
tax reductions and approve these on a case per case basis.<br />
This report was to inform Council <strong>of</strong> the Education Tax rates for 2013.<br />
Respectfully submitted,<br />
Janet Ferguson,<br />
Treasurer<br />
Report prepared by Wendy Jennison, Tax Collector<br />
164
THE MUNICIPALITY OF LAMBTON SHORES<br />
TR Report No. 13-2013 Wednesday, January 24, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Janet Ferguson, Treasurer<br />
<strong>The</strong> <strong>Shores</strong> Wellness Centre Operational Update<br />
RECOMMENDATION:<br />
For Council information.<br />
REPORT<br />
As Council is aware <strong>The</strong> <strong>Shores</strong> Wellness Centre is operated by the YMCA to <strong>of</strong>fer<br />
health and fitness programs to residents <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and surrounding area.<br />
We have invited representatives from the YMCA to provide Council with an overview <strong>of</strong><br />
the operations <strong>of</strong> the Wellness Centre and update you on the proposed activities and<br />
programs for 2013.<br />
Kathi Lomas-Magee and Ian Foss will be presenting the information to Council and can<br />
answer any questions you may have.<br />
Respectfully submitted,<br />
Janet Ferguson,<br />
Treasurer<br />
165
<strong>Lambton</strong> <strong>Shores</strong><br />
YMCA<br />
2012 – 2013 Operational<br />
Highlights<br />
166
<strong>The</strong> YMCA – Overview<br />
<strong>The</strong> YMCA is a charitable organization dedicated to the<br />
enrichment <strong>of</strong> the community through the growth and<br />
development <strong>of</strong> people in spirit, mind and body.<br />
1. Experienced provider <strong>of</strong> fitness and recreation<br />
2. Numerous operational partnerships with<br />
municipalities, government and community groups<br />
3. Recognized and valued brand<br />
4. National Quality Assurance & Member Engagement<br />
programs<br />
167
<strong>The</strong> YMCA – Core Services<br />
Health, Fitness and Recreation<br />
Programs include youth leadership, group fitness, swim instruction, YMCA<br />
Fitness Leadership Program, lifeguard training, nutrition workshops, and<br />
specialty wellness programs and counseling .<br />
Childcare & Family Development<br />
Providing high quality, safe and affordable licensed child care and summer camp<br />
programs specializing in the healthy development <strong>of</strong> children aged 0-16, and in<br />
support <strong>of</strong> positive parenting.<br />
Employment & Community Development<br />
Providing youth, newcomers and adults with training, mentoring, employment,<br />
education, housing, referrals and support systems.<br />
168
YMCA Strong Kids<br />
Participation at the YMCA is open to<br />
all. In an environment free <strong>of</strong><br />
discrimination, our Assistance<br />
Program helps individuals and<br />
families who have the greatest need<br />
in our communities. Financial aid is<br />
available to those who are unable,<br />
not unwilling, to pay full regular fees.<br />
Strong Kids Final MPEG4.mov<br />
169
Community Reach<br />
170
Regional GM<br />
Vice President<br />
Sr Vice President<br />
Association Services / YMCA Management<br />
Chatham-Kent<br />
Child Care Community Health & Wellness<br />
Goderich-Huron<br />
Sarnia-<strong>Lambton</strong><br />
<strong>Lambton</strong> <strong>Shores</strong><br />
Central Huron<br />
North Middlesex<br />
Accounting<br />
Services<br />
Risk<br />
Management<br />
Information<br />
Systems<br />
Purchasing<br />
Executive<br />
Leadership<br />
Capital<br />
Development<br />
Human<br />
Resources 171<br />
Business<br />
Development<br />
Communications<br />
Funds<br />
Development
Our social enterprise model stresses<br />
successful operational performance on<br />
behalf <strong>of</strong> our partners<br />
172
<strong>Lambton</strong> <strong>Shores</strong> YMCA<br />
Key Objectives<br />
1. Share 2012 operational highlights<br />
2. Share our 2013 – 2016 Vision<br />
3. Review the 2013 Financials & Key variances<br />
4. Recommend Capital investments at the <strong>Shores</strong><br />
YMCA Wellness<br />
173
“Growing Stronger Together”<br />
<strong>Lambton</strong>-<strong>Shores</strong> YMCA Membership:<br />
Impact 2008 2009 2010 2011 2012<br />
Participation 695 745 726 917 785<br />
Member<br />
Renewal %<br />
% Financially<br />
Assisted<br />
Member<br />
Satisfaction<br />
Survey<br />
30.97% 44.61% 46.45% 53.40% 57.70%<br />
3.5% 5.9% 8.9% 7.4% 10%<br />
NA 84% NA 85% 84%<br />
174
2012 Highlights<br />
782 participants, finished with 415 members<br />
Successful 2 full weeks <strong>of</strong> summer day camp 18 children served<br />
Community Advisory Committee 3 new volunteers engaged<br />
8 volunteers<br />
Participation in the Forest Fall Fair<br />
10% <strong>of</strong> membership received financial assistance<br />
77 children and students engaged in the YMCA membership programs<br />
Increased Community relationships-ie. High school<br />
Group Fitness classes averaging 10 participants/class<br />
175
“Together We Can”<br />
176
2013 Together We Can … a Vision towards 2016<br />
3 Key areas <strong>of</strong> YMCA development & focus:<br />
1. Strengthen the bonds that build families<br />
and communities<br />
2. Improve the health <strong>of</strong> individuals<br />
3. Address the issues facing young people<br />
in their communities<br />
177
Serve More People 2013<br />
Maintain participation level at 800 at the <strong>Shores</strong> YMCA,<br />
annual membership at 415<br />
Improve the quality <strong>of</strong> our health programs (SAM)<br />
Build stronger relationships and seek new partnerships,<br />
youth centre in Grand Bend<br />
Strengthen the communities ability to donate<br />
Introduce a new Family programming model at the <strong>Shores</strong><br />
YMCA<br />
178
Operating Budget – 5 years at a Glance<br />
200,000<br />
175,000<br />
150,000<br />
125,000<br />
100,000<br />
75,000<br />
Revenue<br />
Compensation<br />
50,000<br />
25,000<br />
-<br />
(25,000)<br />
(50,000)<br />
2009 2010 2011 2012 2013<br />
Other Expense<br />
Contribution to<br />
Recreation<br />
179
2013 Budget Breakdown<br />
Membership Revenue $174,993<br />
Other Revenue $ 19,311<br />
Subsidies (YMCA Financial Assistance) $ 5,406<br />
Total Revenue $ 188,898<br />
Compensation $ 96,911<br />
Marketing/Promotion $ 2,250<br />
YMCA Association Service Recovery $ 57,000<br />
Other Expenses (Equipment mtnce, contract fees) $ 32,332<br />
Total Expense $ 188,493<br />
Municipal Contribution to Recreation $ 405<br />
180
Minor Capital Recommendations<br />
Area Item Year Rationale Cost<br />
Service TVs 2013 Lifespan $5 000<br />
Change<br />
rooms<br />
Painting, tiling, locker replacement 2013 Retention<br />
Standards<br />
$10 000<br />
Facility Paint upgrades, 2013 Health &<br />
Safety<br />
$ 7 000<br />
Program<br />
2 treadmill replacement<br />
Benches<br />
Mirrors<br />
Branding – Y Signage<br />
2014 Enhance<br />
Accessibility<br />
Replacement<br />
Standard<br />
requirements<br />
$17 000<br />
Signage New YMCA Branding 2015 Requirement $5 500<br />
181
THE MUNICIPALITY OF LAMBTON SHORES<br />
TR Report No. 14-2013 Wednesday, January 23, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Janet Ferguson, Treasurer<br />
Communication Survey<br />
RECOMMENDATION:<br />
That the Communication Survey be referred to a Strategic<br />
Planning meeting for full review and discussion for any<br />
suggestions Council would like to implement.<br />
REPORT<br />
<strong>The</strong> communication survey is now completed and the information has been collected<br />
and is being provided to you for review. This is a very large document with 105<br />
responses and many comments. To use this tool effectively, I would recommend that<br />
Council take time to consider the information carefully and refer it to a strategic planning<br />
meeting for full discussion.<br />
With that in mind, Council may also want to consider having additional meetings to<br />
move the Strategic Planning process along in a timely manner. Although we have set<br />
the second Tuesday <strong>of</strong> every month for this type <strong>of</strong> issue, the meetings are filling up<br />
quickly and we plan to have some concentrated time for Council and the Official Plan<br />
review starting in March.<br />
If this is something Council would be interested in, staff can provide possible dates <strong>of</strong><br />
additional meetings, or Council may want to consider adjusting the time <strong>of</strong> the current<br />
council meetings for example 4:00 pm to 6:00 pm and 7:00 till adjourn. Please advise<br />
on your preference to proceed.<br />
Respectfully submitted,<br />
Janet Ferguson,<br />
Treasurer<br />
182
<strong>Lambton</strong> <strong>Shores</strong> Communications Survey<br />
1. What is your preferred source <strong>of</strong> receiving information about the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong><br />
<strong>Shores</strong>?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Weekly municipal page ad in local<br />
papers<br />
24.8% 26<br />
Direct mail / newsletter 27.6% 29<br />
Newspaper articles 6.7% 7<br />
Municipal website 26.7% 28<br />
E-mail 71.4% 75<br />
TV / Radio 2.9% 3<br />
Municipal advertisements 5.7% 6<br />
Council meetings / Councillors 14.3% 15<br />
From municipal staff 3.8% 4<br />
Don't know 2.9% 3<br />
answered question 105<br />
skipped question 1<br />
183<br />
1 <strong>of</strong> 37
2. What is your primary source <strong>of</strong> information about the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Weekly municipal page ad in local<br />
papers<br />
24.3% 25<br />
Newspapers 23.3% 24<br />
Municipal website 36.9% 38<br />
Direct mail <strong>of</strong> municipality /<br />
newsletter<br />
17.5% 18<br />
Don't know 2.9% 3<br />
Word <strong>of</strong> mouth 23.3% 24<br />
TV / Radio 1.0% 1<br />
Municipal advertisements 5.8% 6<br />
From municipal staff 3.9% 4<br />
Council meetings / Councillors 14.6% 15<br />
answered question 103<br />
skipped question 3<br />
184<br />
2 <strong>of</strong> 37
3. Overall how would you rate the way that <strong>Lambton</strong> <strong>Shores</strong> communicates information to<br />
its citizens, including its format, clarity and effectiveness?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Very good 8.6% 9<br />
Good 28.6% 30<br />
Neither good nor poor 35.2% 37<br />
Poor 21.9% 23<br />
Very poor 5.7% 6<br />
Don't know 0.0% 0<br />
answered question 105<br />
skipped question 1<br />
4. I am satisfied with the frequency and amount <strong>of</strong> information I receive from <strong>Lambton</strong><br />
<strong>Shores</strong>.<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Strongly agree 11.4% 12<br />
Agree 24.8% 26<br />
Neither agree nor disagree 29.5% 31<br />
disagree 25.7% 27<br />
Strongly disagree 8.6% 9<br />
answered question 105<br />
skipped question 1<br />
185<br />
3 <strong>of</strong> 37
5. <strong>The</strong> information <strong>Lambton</strong> <strong>Shores</strong> communicates with me is important and relevant.<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Strongly agree 30.5% 32<br />
Agree 45.7% 48<br />
Neither agree nor disagree 19.0% 20<br />
Disagree 1.9% 2<br />
Strongly disagree 1.0% 1<br />
Don't know 1.9% 2<br />
answered question 105<br />
skipped question 1<br />
186<br />
4 <strong>of</strong> 37
6. What in your opinion could <strong>Lambton</strong> <strong>Shores</strong> do to improve the way that it communicates<br />
with residents?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Don't know 7.7% 8<br />
Direct mail 23.1% 24<br />
More information / clarfication /<br />
laymen terms<br />
27.9% 29<br />
Send out more emails 31.7% 33<br />
Increase section in the local<br />
newspaper<br />
12.5% 13<br />
Monthly newsletter 26.9% 28<br />
Increase the frequency <strong>of</strong> the<br />
communication<br />
19.2% 20<br />
Improved website / keep up to<br />
date<br />
31.7% 33<br />
Use different mediums (TV, direct<br />
mail etc.)<br />
3.8% 4<br />
More town meetings 14.4% 15<br />
Flyers / pamphlets / public notices 12.5% 13<br />
Local TV channel 4.8% 5<br />
Make the "Living in <strong>Lambton</strong><br />
<strong>Shores</strong>" page more user friendly,<br />
eye grabbing<br />
14.4% 15<br />
Call back / easier access to the<br />
municipal <strong>of</strong>fices<br />
4.8% 5<br />
Use municipal billboard to announce<br />
events<br />
13.5% 14<br />
Change the Councillors 15.4% 16<br />
Better phone information line 1.9% 2<br />
187<br />
5 <strong>of</strong> 37
Have Council be more accountable 18.3% 19<br />
answered question 104<br />
skipped question 2<br />
7. Have you ever attended a Public Information Centre held by <strong>Lambton</strong> <strong>Shores</strong>?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Yes 77.9% 81<br />
No 18.3% 19<br />
Don't know 3.8% 4<br />
answered question 104<br />
skipped question 2<br />
8. How satisfied were you with the information that you had received?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Very satisfied 16.3% 13<br />
Satisfied 38.8% 31<br />
Neither satisfied nor dissatisfied 28.8% 23<br />
Dissatisfied 12.5% 10<br />
Very dissatisfied 2.5% 2<br />
Don't know 1.3% 1<br />
answered question 80<br />
skipped question 26<br />
188<br />
6 <strong>of</strong> 37
9. Have you seen the weekly "Living in <strong>Lambton</strong> <strong>Shores</strong>" notices in <strong>The</strong> Standard and the<br />
Lakeshore Advance?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Yes 67.6% 69<br />
No 30.4% 31<br />
Don't know 2.0% 2<br />
answered question 102<br />
skipped question 4<br />
10. Overall how would you rate the effectiveness <strong>of</strong> the weekly "Living in <strong>Lambton</strong> <strong>Shores</strong>"<br />
as a communications tool?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Very effective 11.1% 9<br />
Effective 48.1% 39<br />
Neither effective nor ineffective 14.8% 12<br />
Not effective 17.3% 14<br />
Don't know 8.6% 7<br />
answered question 81<br />
skipped question 25<br />
11. In what way could the "Living in <strong>Lambton</strong> <strong>Shores</strong>" newspaper notices be improved?<br />
Response<br />
Count<br />
46<br />
answered question 46<br />
189<br />
skipped question 60<br />
7 <strong>of</strong> 37
12. Do you receive the weekly "Living in <strong>Lambton</strong> <strong>Shores</strong>" electronic newsletter?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Yes 52.4% 55<br />
No 47.6% 50<br />
Don't know 0.0% 0<br />
answered question 105<br />
skipped question 1<br />
13. Overall how would you rate the effectiveness <strong>of</strong> the "Living in <strong>Lambton</strong> <strong>Shores</strong>"<br />
electronic newsletter as a communications tool?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Very effective 11.8% 8<br />
Effective 52.9% 36<br />
Neither effective nor ineffective 11.8% 8<br />
Not effective 10.3% 7<br />
Don't know 13.2% 9<br />
answered question 68<br />
skipped question 38<br />
190<br />
8 <strong>of</strong> 37
14. Have you received the "Weekly Email Update" which is an electronic notice <strong>of</strong> upcoming<br />
community events?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Yes 48.5% 50<br />
No 51.5% 53<br />
answered question 103<br />
skipped question 3<br />
15. Do you read the newsletters that are include in your property tax bill or water bills?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Yes, every time 51.5% 52<br />
Yes, usually I read all <strong>of</strong> the<br />
information<br />
22.8% 23<br />
Yes, usually but I read only part <strong>of</strong><br />
the information<br />
14.9% 15<br />
Never 10.9% 11<br />
answered question 101<br />
skipped question 5<br />
191<br />
9 <strong>of</strong> 37
16. Which newspaper do you regularly read?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
<strong>The</strong> Standard 41.5% 39<br />
Lakeshore Advance 40.4% 38<br />
<strong>The</strong> Exeter Times Advocate 9.6% 9<br />
<strong>The</strong> Parkhill Gazette 6.4% 6<br />
London Free Press 39.4% 37<br />
Sarnia & <strong>Lambton</strong> County This<br />
Week<br />
13.8% 13<br />
Sarnia Observer 16.0% 15<br />
<strong>The</strong> <strong>Lambton</strong> Shield (online only) 1.1% 1<br />
National Post 5.3% 5<br />
Globe and Mail 9.6% 9<br />
Financial Post 3.2% 3<br />
Other 16.0% 15<br />
Don't know 1.1% 1<br />
answered question 94<br />
skipped question 12<br />
192<br />
10 <strong>of</strong> 37
17. Which television stations do you watch for local news?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
A-Channel 52.7% 48<br />
CTV 49.5% 45<br />
Global 16.5% 15<br />
CBC 26.4% 24<br />
Rogers TV 2.2% 2<br />
CNN 11.0% 10<br />
BBC World News 7.7% 7<br />
Don't know 5.5% 5<br />
answered question 91<br />
skipped question 15<br />
193<br />
11 <strong>of</strong> 37
18. What radio stations do you tune into for local news?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
CHOK 27.9% 24<br />
Fox FM 12.8% 11<br />
K106.3 FM 14.0% 12<br />
CFPL AM980 7.0% 6<br />
CFPL FM96 8.1% 7<br />
Fresh FM 103.1 5.8% 5<br />
<strong>The</strong> Hawk 103.9 FM 7.0% 6<br />
CKSL 1410 AM 1.2% 1<br />
BX93 17.4% 15<br />
CJBK 1290 AM 2.3% 2<br />
Q97.5 FM 3.5% 3<br />
Bob FM 102.3 2.3% 2<br />
<strong>The</strong> Beach 104.9 FM 31.4% 27<br />
Points Eagle 107.7 FM 5.8% 5<br />
CBC 27.9% 24<br />
answered question 86<br />
skipped question 20<br />
194<br />
12 <strong>of</strong> 37
19. Do you have access to the Internet?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Yes 99.0% 103<br />
No 1.0% 1<br />
Don't know 0.0% 0<br />
answered question 104<br />
skipped question 2<br />
20. How <strong>of</strong>ten do you access the municipal website at www.lambtonshores.ca?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Frequently 24.5% 25<br />
Occasionally 63.7% 65<br />
Never 11.8% 12<br />
answered question 102<br />
skipped question 4<br />
21. Can you easily find what you are looking for on the municipal website?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Yes 36.6% 34<br />
No 23.7% 22<br />
Usually 39.8% 37<br />
answered question 93<br />
skipped question 13<br />
195<br />
13 <strong>of</strong> 37
22. In what ways could the municipal website be improved?<br />
Response<br />
Count<br />
37<br />
answered question 37<br />
skipped question 69<br />
23. How <strong>of</strong>ten do you attend the municipal Council meetings?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Frequently 4.8% 5<br />
Occasionally 57.1% 60<br />
Never 38.1% 40<br />
answered question 105<br />
skipped question 1<br />
24. What could be done to improve your experience at the municipal Council meeting?<br />
Response<br />
Count<br />
44<br />
answered question 44<br />
skipped question 62<br />
196<br />
14 <strong>of</strong> 37
25. What could be done to improve communication in <strong>Lambton</strong> <strong>Shores</strong>?<br />
Response<br />
Count<br />
49<br />
answered question 49<br />
skipped question 57<br />
26. In what ways could they have done a better job <strong>of</strong> listening to your input and keeping you<br />
informed?<br />
Response<br />
Count<br />
36<br />
answered question 36<br />
skipped question 70<br />
27. Would you be supportive <strong>of</strong> the <strong>Municipality</strong> increasing taxes (reasonably) if it meant<br />
enhanced communications with property owners?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Strongly support 1.0% 1<br />
Support a modest increase 18.6% 19<br />
Neither support nor oppose 20.6% 21<br />
Oppose an increase 31.4% 32<br />
Strongly oppose an increase 28.4% 29<br />
answered question 102<br />
skipped question 4<br />
197<br />
15 <strong>of</strong> 37
28. Which <strong>of</strong> the following age groups may I place you in?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
18 - 24 0.0% 0<br />
25 - 34 9.0% 9<br />
35 - 44 11.0% 11<br />
45 - 54 16.0% 16<br />
55 - 64 32.0% 32<br />
65 and older 32.0% 32<br />
answered question 100<br />
skipped question 6<br />
29. What is your combined family income?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Under $50,000 21.0% 21<br />
Under $75,000 18.0% 18<br />
Over $75,000 30.0% 30<br />
Don't know / refused 31.0% 31<br />
answered question 100<br />
skipped question 6<br />
198<br />
16 <strong>of</strong> 37
30. Gender?<br />
Response<br />
Percent<br />
Response<br />
Count<br />
Male 46.1% 47<br />
Female 53.9% 55<br />
answered question 102<br />
skipped question 4<br />
199<br />
17 <strong>of</strong> 37
200<br />
18 <strong>of</strong> 37
Page 1, Q11. In what way could the "Living in <strong>Lambton</strong> <strong>Shores</strong>" newspaper notices be improved?<br />
1 Municipalities shouldb e informed <strong>of</strong> activities going on in their area BEFORE its<br />
a done deal eg the splash pad in Arkona. What's the purpose <strong>of</strong> having an<br />
"information" night after everything is decided!! <strong>The</strong> meeting turned out to be a<br />
witch hunt & our Councillor didn't stop it!!<br />
2 Make the notice larger, some <strong>of</strong> the printing hard to read. Make it stand out on<br />
the page more.<br />
3 Get a better reporter <strong>of</strong> council meetings. What is written in newspaper is<br />
incomprehensible most times.<br />
4 I receive a weekly email update about activities one can participate in but not<br />
about all the decisions council is making<br />
Dec 5, 2012 1:15 PM<br />
Dec 5, 2012 1:09 PM<br />
Nov 23, 2012 11:32 AM<br />
Nov 16, 2012 11:25 PM<br />
5 I would also like to get a local police calls report. Nov 16, 2012 9:06 AM<br />
6 It's perfect Nov 6, 2012 10:46 AM<br />
7 Looks good to me Nov 2, 2012 4:01 AM<br />
8 More accessible to all community members; participation at local events Oct 12, 2012 9:01 AM<br />
9 don't receive newspapers and don't really read website except by chance. Use<br />
your water bills and tax notices Don't want any more electronic newsletters<br />
Oct 9, 2012 11:50 AM<br />
10 It is effective enough Oct 2, 2012 4:57 PM<br />
11 It is effective enough Oct 2, 2012 4:57 PM<br />
12 have a whole or half page Sep 27, 2012 12:58 PM<br />
13 Why Sep 27, 2012 5:51 AM<br />
14 Less bias Sep 26, 2012 5:16 AM<br />
15 Force the editor <strong>of</strong> the Advance to present the facts and not constant distortions. Sep 26, 2012 5:12 AM<br />
16 Accuracy Sep 26, 2012 4:52 AM<br />
17 Get rid <strong>of</strong> it. Let the local groups communicate with their members who are<br />
normally the only ones interested. <strong>The</strong> Council does not need to act as a middle<br />
man in everyone's business. Communicate on a "need to know" assessment.<br />
18 Distribute copies to be picked up locally at grocery store, library etc. Put info at<br />
post <strong>of</strong>fice.<br />
Sep 25, 2012 5:39 PM<br />
Sep 24, 2012 9:16 AM<br />
19 Send an insert in the paper Sep 24, 2012 9:11 AM<br />
20 Who reads the local newspaper, we are cottagers conveniently left in the dark. Sep 23, 2012 9:16 AM<br />
21 More detail as to what's behind some <strong>of</strong> the decisons.... Sep 22, 2012 3:42 PM<br />
22 We didn't know about the possible change for recycling which is a big step<br />
backwards as far as we are concerned and will be very unsightly in cottage<br />
Sep 22, 2012 2:13 PM<br />
201<br />
19 <strong>of</strong> 37
Page 1, Q11. In what way could the "Living in <strong>Lambton</strong> <strong>Shores</strong>" newspaper notices be improved?<br />
country where bins will be out on narrow streets all week long<br />
23 We didn't know about the possible change for recycling which is a big step<br />
backwards as far as we are concerned and will be very unsightly in cottage<br />
country where bins will be out on narrow streets all week long<br />
Sep 22, 2012 2:13 PM<br />
24 Do n't know Sep 20, 2012 9:16 AM<br />
25 Lambtom shores is bigger than just Grand Bend and Forest events in other<br />
towns need to be highlighted as well, even community events, sport teams, info<br />
that hangs in post <strong>of</strong>fices could be more widely distributed<br />
Sep 19, 2012 6:36 PM<br />
26 Increase the size <strong>of</strong> the print - currently it is very tiny and hard to read. Sep 17, 2012 10:33 AM<br />
27 larger print, hard to read, perhaps putting in that paper that is free for ads, sarnia<br />
stories get into<br />
28 provide chronological background (historical) information where applicable -<br />
regarding the issue at hand<br />
Sep 14, 2012 6:44 AM<br />
Sep 14, 2012 5:55 AM<br />
29 I don't know how you can improve on a good thing. "If it ain't broke, don't fix it." Sep 14, 2012 4:51 AM<br />
30 I read from email first. Sep 13, 2012 4:58 AM<br />
31 Include summary <strong>of</strong> key issues that will be discussed at upcoming council<br />
meeting. Larger font.<br />
Sep 8, 2012 5:51 PM<br />
32 good as they are Sep 6, 2012 5:05 PM<br />
33 larger print Sep 6, 2012 2:52 PM<br />
34 qr codes with links to more information about the issue online Sep 6, 2012 11:41 AM<br />
35 can not comment Sep 4, 2012 6:35 AM<br />
36 More up to date ex all trails In port franks were closed down and residents don't<br />
know yet. I asked lots <strong>of</strong> people about garbage system - new info. Nobody<br />
knows. Trail tarred from grand bend to pinery then stopped ? Why didn't it carry<br />
on to port Feanks and forest etc.<br />
Aug 30, 2012 10:50 AM<br />
37 Sometimes print too small Aug 29, 2012 3:26 PM<br />
38 It's not an advertising issue. It is the weasily methods used to communicate<br />
important information that leaves the public ill informed or mis-informed. I<br />
believe there is a disconnect between much <strong>of</strong> council and staff. I solely blame<br />
the CAO for this.<br />
Aug 28, 2012 2:21 AM<br />
39 Some families have a hard time finding information. Aug 24, 2012 4:24 AM<br />
40 Less about Grand Bend, more about the rest!!! Aug 23, 2012 12:39 PM<br />
41 put more things that are going on and let people have more <strong>of</strong> s notice when<br />
there are special meetings<br />
Aug 21, 2012 1:01 PM<br />
202<br />
20 <strong>of</strong> 37
Page 1, Q11. In what way could the "Living in <strong>Lambton</strong> <strong>Shores</strong>" newspaper notices be improved?<br />
42 More colour and pictures Aug 21, 2012 12:02 PM<br />
43 Larger, more info Aug 21, 2012 10:48 AM<br />
44 not include them in the bundle <strong>of</strong> flyers- maybe have them just available at the<br />
post <strong>of</strong>fice for whomever is interested.<br />
45 Give more information but realize that not everyone gets the paper. I would like<br />
you to increase your presence on facebook.<br />
Aug 21, 2012 9:10 AM<br />
Aug 21, 2012 9:08 AM<br />
46 be more directive to the time frame and event Aug 21, 2012 8:35 AM<br />
203<br />
21 <strong>of</strong> 37
204<br />
22 <strong>of</strong> 37
Page 1, Q22. In what ways could the municipal website be improved?<br />
1 It would be great if the Community Grants application would allow you to text in<br />
your information<br />
2 Meeting agendas must be kept up to date. Today is Nov 1st and the last Council<br />
Agenda is for Oct 15th. Minutes <strong>of</strong> the meetings are very late and become old<br />
news. I would like to get council proceedings first hand asap after each meeting<br />
instead <strong>of</strong> having to rely on biased newspaper articles and rumours<br />
Nov 29, 2012 12:54 PM<br />
Nov 2, 2012 11:31 AM<br />
3 Easier locate for ALL meetings Oct 4, 2012 4:46 PM<br />
4 Issue Minutes <strong>of</strong> Council Meeting sooner Oct 2, 2012 4:57 PM<br />
5 Issue Minutes <strong>of</strong> Council Meeting sooner Oct 2, 2012 4:57 PM<br />
6 It needs a better search engine. When you search something, instead <strong>of</strong> that<br />
coming up, every place that has those words comes up. That is a very old<br />
method. It needs to be more like "Google" where the essence <strong>of</strong> what you are<br />
looking for comes up. Also, the public should be able to access the "By-laws",<br />
i.e. Parking By-law, Noise By-law, etc. on the Municipal website. At present<br />
everything the Council does is a by-law so if you ask for parking bylaw you just<br />
get everywhere the word "parking" appears and everywhere the word "bylaw"<br />
appears.<br />
Oct 1, 2012 3:42 PM<br />
7 make it easier to find this survey i tried to find it on your web site a couple times Sep 27, 2012 12:58 PM<br />
8 It works just fine. Sep 27, 2012 5:51 AM<br />
9 Local issues (eg.garbage pick-up) should be itemized and addressed Sep 26, 2012 5:16 AM<br />
10 Add Westcoast Media.ca Sep 26, 2012 5:12 AM<br />
11 Reduce it to about two (2) pages. Sep 25, 2012 5:39 PM<br />
12 it's actually pretty good Sep 22, 2012 3:42 PM<br />
13 I am usually looking for specific documents or reports; for example some <strong>of</strong> the<br />
strategic plans and documents like it can be difficult to find. Council material<br />
shows up well. So an easier way to find public reports to or by council and staff<br />
for us to read and review.<br />
Sep 21, 2012 2:33 PM<br />
14 Don't know Sep 20, 2012 1:39 PM<br />
15 Don't know Sep 20, 2012 9:16 AM<br />
16 Better layout, subsections Sep 20, 2012 5:12 AM<br />
17 no suggestions. Sep 17, 2012 10:33 AM<br />
18 It needs a complete overhaul, it is not user friendly. It seems to look the same all<br />
the time, no section tabs for easier access, ex click on events, go to events, click<br />
on committees go to what they are doing, click on emplyment see what jobs are<br />
available, it is dependent on knowing what to look for, how would a visitor or<br />
someone wishing to see what is in <strong>Lambton</strong> shores know to look for Also where<br />
are all the businesses, to find one you have to end up being directed to a site<br />
Sep 14, 2012 6:44 AM<br />
205<br />
23 <strong>of</strong> 37
Page 1, Q22. In what ways could the municipal website be improved?<br />
that looks wierd and it is in sarnia you get them, makes more sense if we care<br />
about lambton shores to be able to see our business here to use and shop<br />
locally<br />
19 ensure adoption <strong>of</strong> CNIB Clear Print Guidelines - check out website at<br />
www.cnib.ca and look for Clear Print....<br />
Sep 14, 2012 5:55 AM<br />
20 No improvements needed. Sep 14, 2012 4:51 AM<br />
21 Better organized. Some things are very difficult to find. Good search engine. Sep 8, 2012 5:51 PM<br />
22 Don't make us search for the most up to date concerns. Keep them front and<br />
centre, with one click to open it.<br />
Sep 8, 2012 7:37 AM<br />
23 not sure Sep 6, 2012 5:05 PM<br />
24 <strong>The</strong> appearance should be spruced up by making it less cluttered and have clear<br />
links to information on other pages.<br />
25 needs to be mobile friendly and more modern, with the capability for councilors<br />
to post information on a blog area <strong>of</strong> teh website where the public can comment<br />
and ask questions<br />
Sep 6, 2012 12:02 PM<br />
Sep 6, 2012 11:41 AM<br />
26 ...website cluttered....deal with area priorities front and center... Sep 4, 2012 6:35 AM<br />
27 Bigger writing. A page listing all meetings and when they are changed weekly. A<br />
page showing what is new in the community example sewers cell towers<br />
garbage pick up trail closures skate parks etc.<br />
28 It just takes some familiarity to find information, but the site is adequate for what<br />
is required <strong>of</strong> it.<br />
29 I requested emails to be sent--have not received any! It is August 24 and the info<br />
on the website is about July meetings.<br />
30 Make the newsletter available from the website. Job posting etc are not on the<br />
site, that I can find anyways<br />
31 I would like to see a focus on issues which affect our community.. i.e. progress<br />
on improving farm pollution <strong>of</strong> the Port Franks watershed basin, progress toward<br />
resolving safe passage on Native Occupied Beach, posting <strong>of</strong> dangerous<br />
swimming conditions such as undertows, riptides etc. as well as high pollution<br />
levels etc., results <strong>of</strong> public hearings on garbage issues, sewers, cell towers etc.<br />
Aug 30, 2012 10:50 AM<br />
Aug 28, 2012 2:21 AM<br />
Aug 24, 2012 8:12 AM<br />
Aug 24, 2012 5:41 AM<br />
Aug 24, 2012 1:38 AM<br />
32 More transparency Aug 23, 2012 12:39 PM<br />
33 make it easy to search Aug 21, 2012 1:01 PM<br />
34 You shoul have a page ont he website with, "Whats Happening Now." It would<br />
be nice to be more aware <strong>of</strong> the events happening in <strong>Lambton</strong> <strong>Shores</strong> right now.<br />
I have had a hard time locating information about what is going on in our area.<br />
<strong>The</strong> <strong>Lambton</strong> <strong>Shores</strong> website is not helpful.<br />
Aug 21, 2012 12:02 PM<br />
35 link directly to facebook Aug 21, 2012 9:10 AM<br />
206<br />
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Page 1, Q22. In what ways could the municipal website be improved?<br />
36 More details. For instance, I heard that you gave an update on garbage<br />
collection, but I couldn't find any information.<br />
37 the information that is shared at public information sessions isn't always easy to<br />
find on the municipal website<br />
Aug 21, 2012 9:08 AM<br />
Aug 21, 2012 8:14 AM<br />
207<br />
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208<br />
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Page 1, Q24. What could be done to improve your experience at the municipal Council meeting?<br />
1 If the councillors would address the issues at hand and not defer to other<br />
meetings ie budget or planning meetings<br />
2 Better, more user friendly and pr<strong>of</strong>essional configuration. <strong>The</strong> rec room <strong>of</strong> the<br />
firehall around a pool table is not where our council meetings should be held. A<br />
sound system where everyone can hear the proceedings should be available.<br />
Nov 29, 2012 12:54 PM<br />
Nov 2, 2012 11:31 AM<br />
3 Less intimidating environment Oct 12, 2012 9:01 AM<br />
4 We need to be able to hear clearly what is being said. Have a more relaxed and<br />
open time for the public to ask questions without attitude.<br />
Oct 4, 2012 4:46 PM<br />
5 Need sound system - <strong>of</strong>ten can't hear what is being said Oct 2, 2012 4:57 PM<br />
6 Need sound system - <strong>of</strong>ten can't hear what is being said Oct 2, 2012 4:57 PM<br />
7 actual care about what people have to say Sep 27, 2012 12:58 PM<br />
8 I have attended many meetings held by <strong>Lambton</strong> <strong>Shores</strong>, ie. Council, COA &<br />
Public meetings for many years and up until this last election, all were ran very<br />
smoothly with decisions being made in a timely fashion. Council needs to start<br />
making desicions instead <strong>of</strong> trying to impliment them.<br />
9 Actually make decisions instead <strong>of</strong> having meetings but I suppose Bob Sharen's<br />
minions have to check with him before they can vote. Quit micro managing the<br />
staff. <strong>The</strong>y are the experts not Council. If you are on Council, you should have<br />
to live here and not live in Plympton-Wyoming.<br />
Sep 27, 2012 5:51 AM<br />
Sep 27, 2012 5:18 AM<br />
10 I have other commitments on meeting days. Sep 26, 2012 12:42 PM<br />
11 More continuity on the part <strong>of</strong> the mayor. Sep 26, 2012 5:16 AM<br />
12 <strong>The</strong> person who chairs the meeting eneds to know the rules - Roberts Rules Sep 26, 2012 5:12 AM<br />
13 <strong>The</strong> chairperson seems to follow no rules. Give him a copy <strong>of</strong> the Roberts Rules<br />
<strong>of</strong> Order.<br />
14 Make room for community members who are not part <strong>of</strong> the noisy and and<br />
obnoxious group that usually shows up and rudely dominates the meetings with<br />
their particular agenda! An agenda, I might add, that is more political than useful<br />
for efficient and effective municipal governance. Its awful.<br />
Sep 26, 2012 4:52 AM<br />
Sep 25, 2012 5:39 PM<br />
15 Have Councillors stick to subject and get along so there is progress Sep 24, 2012 9:16 AM<br />
16 Be more civilized Sep 24, 2012 9:11 AM<br />
17 Quit making mountains out <strong>of</strong> molehills. Sep 23, 2012 9:16 AM<br />
18 It was such a bad experience during the volleyball debate that we have never<br />
returned<br />
19 It was such a bad experience during the volleyball debate that we have never<br />
returned<br />
Sep 22, 2012 2:13 PM<br />
Sep 22, 2012 2:13 PM<br />
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Page 1, Q24. What could be done to improve your experience at the municipal Council meeting?<br />
20 do you have microphones? Sometimes it can be difficult to hear. Sep 21, 2012 2:33 PM<br />
21 microphones at tables, more notice with agendas it is a lot to go through and<br />
digest on a weekend if you want to talk to a councillor about an issue getting<br />
everything on Friday is not always possible<br />
Sep 19, 2012 6:36 PM<br />
22 Microphones/Sound System in order that Council can be heard. Sep 17, 2012 7:11 PM<br />
23 <strong>The</strong> behavour <strong>of</strong> some councillors is truly unpr<strong>of</strong>essional and disrespectful to<br />
others. I find the eye-rolling and slamming <strong>of</strong> hands on tables embarassing<br />
conduct that should not be tolerated by the chairperson/mayor. It is <strong>of</strong>ten difficult<br />
to hear what is being discussed without microphones.<br />
Sep 17, 2012 10:33 AM<br />
24 better speaker system, cant always here what is being said Sep 14, 2012 6:44 AM<br />
25 Get the councillors to agree with MY point <strong>of</strong> view. Sep 14, 2012 4:51 AM<br />
26 A sound system. Fewer restrictions on the public asking questions. Sep 8, 2012 5:51 PM<br />
27 members talk louder Sep 6, 2012 5:05 PM<br />
28 Better local Sep 6, 2012 2:29 PM<br />
29 Get rid <strong>of</strong> Councillor Illman. Sep 6, 2012 12:02 PM<br />
30 the municipality should coordinate video recording an uploading to youtube and<br />
should provide much better audio facilities and microphones for doing so, in fact<br />
the audio alone should be made available as a podcast (much easier than video<br />
streaming as well)<br />
Sep 6, 2012 11:41 AM<br />
31 sound system and proper chambers Sep 4, 2012 6:35 AM<br />
32 seletle the waste teament center Aug 31, 2012 8:06 PM<br />
33 Maybe have a session where people can raise hands and just ask questions that<br />
could be answered at a next meeting<br />
Aug 30, 2012 10:50 AM<br />
34 Stop the childish in-fighting!!!! We are one municipality now, deal with it. Aug 30, 2012 10:21 AM<br />
35 When i attended the inability to hear individual councillors was an irritant. Aug 29, 2012 3:26 PM<br />
36 Sound level could be improved. <strong>The</strong> chair needs to briefly introduce the next<br />
items <strong>of</strong> business, and announce the final motion before vote. This has<br />
improved a lot in the last while.<br />
37 Ms. Illman's caustic comment (Aug 14 meeting) about sewage treatment plant<br />
NOW being about cost savings should have been tempered by the mayor. It set<br />
a terrible tone to the meeting and showed a perfect example <strong>of</strong> idiocy! A savings<br />
<strong>of</strong> over $14 million may not occur to her as a benefit but a pensioner on a fixed<br />
income cares about it! When I bought my home in Southcott Pines with a septic<br />
system, it is my responsibility to replace it if it goes bad. I certainly don't expect<br />
the municipality to pay $10,000 for the ro<strong>of</strong> I just replaced! Keep the tone <strong>of</strong> the<br />
meetings positive!<br />
Aug 28, 2012 2:21 AM<br />
Aug 24, 2012 8:12 AM<br />
210<br />
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Page 1, Q24. What could be done to improve your experience at the municipal Council meeting?<br />
38 Didn't realize that I could attend! Aug 24, 2012 5:41 AM<br />
39 get along Aug 24, 2012 4:24 AM<br />
40 when a majority wins the vote, the others need to keep their snide comments to<br />
themselves. the behaviour <strong>of</strong> the losers is dispicable.<br />
Aug 23, 2012 12:18 PM<br />
41 I have a small child and do not get out to the meetings. Aug 21, 2012 12:02 PM<br />
42 have them on different dates- all meetings this summer have been on a<br />
wednesday and there are 2 women's only 2 pitch leagues in warwick and arkona<br />
on those night- many women in the area are there. Also- I work in London- 6:30<br />
is almost too early for me to get home and get there- pushing to 7pm would be<br />
ideal.<br />
43 Get down to the business. Stop all the he said she said. It's a council meeting<br />
feelings are going to get hurt. Everyone should be able to voice opions.<br />
Aug 21, 2012 9:10 AM<br />
Aug 21, 2012 8:42 AM<br />
44 Having meeting minutes to read Aug 21, 2012 8:14 AM<br />
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212<br />
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Page 1, Q25. What could be done to improve communication in <strong>Lambton</strong> <strong>Shores</strong>?<br />
1 See #11 Dec 5, 2012 1:15 PM<br />
2 Better reporting in Lakeshore Advance. Further to queston 6 - Post Council<br />
minutes on website where they are easily to be found. Further to question 8 -<br />
neither satisfied nor dissatisfied - mixed results Further to question 20 - never -<br />
but will look now Further to question 27 - neither support nor oppose - depends<br />
Nov 23, 2012 11:32 AM<br />
3 See question 24 Nov 2, 2012 11:31 AM<br />
4 More face to face representation at local events by the leisure staff, council<br />
members etc.<br />
Oct 12, 2012 9:01 AM<br />
5 use the postal mail the way you have it. Very lightly used Oct 9, 2012 11:50 AM<br />
6 Communication works both ways, listening to the people along with common<br />
sense and clear replies would go a long way.<br />
7 Have LS Staff periodically update Community Group on status <strong>of</strong> outstanding<br />
projects and requests made that Council referred to Staff<br />
8 Have LS Staff periodically update Community Group on status <strong>of</strong> outstanding<br />
projects and requests made that Council referred to Staff<br />
Oct 4, 2012 4:46 PM<br />
Oct 2, 2012 4:57 PM<br />
Oct 2, 2012 4:57 PM<br />
9 Nothing. Sep 27, 2012 5:51 AM<br />
10 Send out emails to correct the misinformation put out weekly by the Lakeshore<br />
Advance<br />
11 Eliminate the words "policy" and "process" or allow them to be used only once in<br />
each communication.<br />
12 <strong>The</strong> Council should stop and consider which information it needs to<br />
communicate to the residents. It seems much <strong>of</strong> what is communicated is mere<br />
politics.Communicate decisions and the voters will judge the efficacy <strong>of</strong> the<br />
Council at election time.<br />
Sep 26, 2012 5:12 AM<br />
Sep 26, 2012 4:52 AM<br />
Sep 25, 2012 5:39 PM<br />
13 Distribute information at local businesses ie. grocery store, post <strong>of</strong>fice, libary Sep 24, 2012 9:16 AM<br />
14 Send out emails letting people know <strong>of</strong> meetings etc. Sep 24, 2012 9:11 AM<br />
15 lots Sep 23, 2012 9:16 AM<br />
16 e-mails and letters to property owners would work Sep 22, 2012 2:13 PM<br />
17 e-mails and letters to property owners would work Sep 22, 2012 2:13 PM<br />
18 don't ever sell out our GBbeach again!!! Sep 21, 2012 3:06 PM<br />
19 As a seasonal resident it is sometimes very difficult to keep abreast <strong>of</strong> issues<br />
that could have a large impact on our property. Easier availability <strong>of</strong> reports and<br />
or major issues would be helpful. For sure a newsletter has been good. More<br />
would be better. Most <strong>of</strong> us are trying to keep abreast <strong>of</strong> activities in two<br />
municipalities.<br />
Sep 21, 2012 2:33 PM<br />
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Page 1, Q25. What could be done to improve communication in <strong>Lambton</strong> <strong>Shores</strong>?<br />
20 Hold town meetings at community halls,,,,,ie the Bell Tower issue should be<br />
discussed to obtain peoples opinions.,<br />
Sep 20, 2012 9:16 AM<br />
21 have all services located in 1 place Sep 19, 2012 6:36 PM<br />
22 <strong>The</strong>re seems to be a lot <strong>of</strong> behind the scenes decisions occuring with certain<br />
members <strong>of</strong> the municipality and council, which makes transparency for the<br />
public impossible. Perhpas this will always occur but it does impede good<br />
communication with the public.<br />
23 #1 more mailings to individual #2 quit assuming (note the age <strong>of</strong> people in<br />
lambton shores) that people have the internet, youth does, not <strong>of</strong>ten older and<br />
retirees, alot were on computers 8 hours plus a day and dont want to use it in<br />
retirement #3 you could have a phone setup that says for information on click 3<br />
go to council (have highlights on message) or click4 (go to how to get a permit<br />
click 3 etc) people dont know where to go we are a huge spaced out municipality<br />
#4 remember that the people are the ones that elected council, are paying the<br />
bills and give them good customer service, that is not up to standards <strong>of</strong><br />
customers come first, staff need training and you have to many people who<br />
dress unpr<strong>of</strong>essionally in some <strong>of</strong> the <strong>of</strong>fices, tight shorts nope dont work<br />
Sep 17, 2012 10:33 AM<br />
Sep 14, 2012 6:44 AM<br />
24 email alert regarding upcoming municipal council meetings Sep 14, 2012 5:55 AM<br />
25 You're tapping into all the areas that need be. No improvement is necessary. Sep 14, 2012 4:51 AM<br />
26 More extensive and purposeful information accompanying the tax bills. More<br />
municipal information included in the electronic Living in <strong>Lambton</strong> <strong>Shores</strong><br />
newsletter.<br />
27 I just spoke to me Dad, he didn't know there was a newsletter and I consider him<br />
to be informed. Direct mail for the most important information is the only way for<br />
everyone to receive it, then keep working on informing everyone about the<br />
weekly newsletter so we get the news every week.<br />
Sep 8, 2012 5:51 PM<br />
Sep 8, 2012 7:37 AM<br />
28 not sure Sep 6, 2012 5:05 PM<br />
29 use email Sep 6, 2012 2:52 PM<br />
30 Use multiple channels to communicate. Sep 6, 2012 2:29 PM<br />
31 'Living in <strong>Lambton</strong> <strong>Shores</strong>' is a good start but it doesn't include information for<br />
the average resident. Except for the Garbage Service Open Houses, few public<br />
meetings have been included in the notices. for example the Ad-hoc Sewer<br />
meetings.<br />
32 better twitter and blog feeds more attention and money spent on website<br />
management and innovation- currently i think wer are doing only the very bare<br />
minumum - spend less on paper and mailing and more online- this trend is only<br />
going one way folks<br />
33 Would love to receive clear, concise, straightforward communications about<br />
major issues such as sewers -- so many rumours around and the townhall<br />
meetings are generally dominated by people who have already made up their<br />
Sep 6, 2012 12:02 PM<br />
Sep 6, 2012 11:41 AM<br />
Sep 6, 2012 10:36 AM<br />
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Page 1, Q25. What could be done to improve communication in <strong>Lambton</strong> <strong>Shores</strong>?<br />
minds!<br />
34 inform residents by e-mail, voice mail, phone;council matters,council<br />
agenda,emergency alerts.<br />
Sep 5, 2012 3:42 PM<br />
35 stop the political spin and bias in the newspaper .. Sep 4, 2012 6:35 AM<br />
36 More frequent communication. Minutes from meetings updated eatlier. Aug 30, 2012 10:50 AM<br />
37 Possibly every two month councillors could host ward meeting Aug 29, 2012 3:26 PM<br />
38 I believe there are too many different agendas various councillors and staff have.<br />
We need a less political CAO, and people who will run our municipality, not<br />
create their perceived Valhalla within Ontario.<br />
39 If the council supports one another, communication can be effective. Once a<br />
vote wins by majority, the WHOLE group should get behind the decision and<br />
move forward in a positive tone <strong>of</strong> communication to the community.<br />
Aug 28, 2012 2:21 AM<br />
Aug 24, 2012 8:12 AM<br />
40 Website improvments Aug 24, 2012 5:41 AM<br />
41 Positive council members Aug 24, 2012 4:24 AM<br />
42 Get Forest out <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> and back to the Town <strong>of</strong> Forest where it<br />
belongs. <strong>The</strong>n we could re-instate the Forest PUC and have better dealings with<br />
water rates and hydro rates.<br />
Aug 23, 2012 12:39 PM<br />
43 get along with each other and communication will improve tenfold. Aug 23, 2012 12:18 PM<br />
44 put out more letters Aug 21, 2012 1:01 PM<br />
45 I use the Facebook page to get a lot <strong>of</strong> my information about <strong>Lambton</strong> shores. It<br />
is easier for me to access.<br />
Aug 21, 2012 12:02 PM<br />
46 upload notes from the meetings onto facebook Aug 21, 2012 9:10 AM<br />
47 Improve your communication online - facebook, email. Most younger people<br />
communicate this way.<br />
48 Give the <strong>Lambton</strong> shores what they want, not want council seems to think<br />
<strong>Lambton</strong> shore wants. Ask us!!! Dont just do!!<br />
Aug 21, 2012 9:08 AM<br />
Aug 21, 2012 8:42 AM<br />
49 Ensure all committees have reports to forward to the residents Aug 21, 2012 8:14 AM<br />
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Page 1, Q26. In what ways could they have done a better job <strong>of</strong> listening to your input and keeping you informed?<br />
1 Why is it so hard to get a <strong>Lambton</strong> <strong>Shores</strong> worker to return phone calls eg Bill<br />
Bentley. Is his job not to serve the public? Other notes: Arkona Municipa Bldg<br />
is badly in need <strong>of</strong> a good cleaning! Sidewalks there don't get shovelled in the<br />
winter. Hand sanitizing station were installed several years ago, but they've<br />
been empty since a month after that. Who's responsible for filling them?<br />
2 Further to question 27 - Taxes are high enough already. It's <strong>Lambton</strong> <strong>Shores</strong> job<br />
to keep the residents informed. Already understand they get paid will, already.<br />
Why do we have Councillors?<br />
3 e.g Flags on wooden garbage boxes. Sent email to BRA about it. Absolutely<br />
ignored. No one even read it. Might as well posted a handwritten message in<br />
the third men's toilet stall in Paddington Station London UK as to put on the<br />
municipal website. How many people do you think really have or pay attention<br />
to a website? a lot less that you think<br />
Dec 5, 2012 1:15 PM<br />
Dec 5, 2012 1:09 PM<br />
Oct 9, 2012 11:50 AM<br />
4 I am sure you know what works and what will not. People today are aware! Oct 4, 2012 4:46 PM<br />
5 Maybe if certain Councillors listened to ALL citizens in <strong>Lambton</strong> <strong>Shores</strong>, instead<br />
<strong>of</strong> one man, this survey wouldn't be needed.<br />
6 Actually listen to what yo have to say instead <strong>of</strong> talking to other Council<br />
members.<br />
7 By listening more carefully to residents' concerns and specifically addressing<br />
THOSE concerns in a straight forward way. LESS assumption and more focus<br />
on issue at hand. Further to Q1 & Q2 - add Westcoast Media<br />
8 See above #25 Further to Q1 - Weekly Council meeting summary could be<br />
posted in the Library; From Municipal staff - not Byrne. Q2 - Newspapers -<br />
Totally unreliable - the newsin the Advance is always slanted; Council<br />
meetings/Councillors - Westcoast media.ca Q4 - Strongly agree - much better<br />
now than 4 years ago Q6 - local newspaper - the reporting by the editor to the<br />
Advance is biassed in favour <strong>of</strong> the developers and their cronies on Council and<br />
the Mayor; Change 2 Councillors - get rid o the two old cronies with moss<br />
growing out <strong>of</strong> their ears. Q9 - I don't buy the Advance but I read its distortion <strong>of</strong><br />
facts when I am in the Library. Q10 - <strong>The</strong> Times Advocate is effective Q16 -<br />
Lakeshore Advance - only the fiction section written by the editor<br />
9 Avoid preconceived opinions. Don't ask for input when you have no intention <strong>of</strong><br />
revising your opinion. Further to Q1 - West Coast Media Q2 - West Coast Media<br />
- Internet Q3 - Poor - <strong>The</strong> Lakeshore Advance gives a slanted versions <strong>of</strong><br />
events. Q6 - NO! to increasing section in local paper; Improve website by<br />
including West Coast Media; Change Councillors - only three Illman, Cook,<br />
Maguire<br />
10 Why do I get the feeling that 4 or 5 (I assume "they" refers to the Council<br />
members) are not interested in anyone's input?<br />
Sep 27, 2012 5:51 AM<br />
Sep 27, 2012 5:18 AM<br />
Sep 26, 2012 5:16 AM<br />
Sep 26, 2012 5:12 AM<br />
Sep 26, 2012 4:52 AM<br />
Sep 25, 2012 5:39 PM<br />
11 Send out more info on what is happening and upcoming issues Sep 24, 2012 9:11 AM<br />
12 they don`t listen Sep 23, 2012 9:16 AM<br />
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Page 1, Q26. In what ways could they have done a better job <strong>of</strong> listening to your input and keeping you informed?<br />
13 I don't know how we missed the recycling meeting and I don't know what is going<br />
on with sewers or the wind turbines or the communication tower.<br />
14 I don't know how we missed the recycling meeting and I don't know what is going<br />
on with sewers or the wind turbines or the communication tower.<br />
Sep 22, 2012 2:13 PM<br />
Sep 22, 2012 2:13 PM<br />
15 see above!!! Sep 21, 2012 3:06 PM<br />
16 Without an advocacy group for sewage and the community it would have been<br />
very hard to keep informed about potential large changes to our community. <strong>The</strong><br />
emails help, so do the newsletters. Urgent issues should somehow be brought<br />
to our notice sooner.<br />
17 Night driving is a no no for the elderly. Hence no attendance. This tends to be<br />
an elderly community. Try bring the meetings or at least a discussion <strong>of</strong><br />
important issues to the area affec ted<br />
18 have a list somewhere on website <strong>of</strong> who to contact if you have an issue with X<br />
instead <strong>of</strong> calling and getting redirected to many people before someone can<br />
help you.<br />
19 Acknowledgement <strong>of</strong> emails and letters, even if answer or reply cannot be given<br />
immediately<br />
20 I have made presentations to council, which I found to be generally good<br />
experiences. I would recommend more feedback to presentors on how the<br />
motions supported by council were responded to. For example: provide a copy<br />
<strong>of</strong> the letter sent; provide the details if more research was conducted by the<br />
municipal staff etc.<br />
21 as noted, ensure there's no delay in posting meeting minutes on lambton shores<br />
website<br />
Sep 21, 2012 2:33 PM<br />
Sep 20, 2012 9:16 AM<br />
Sep 19, 2012 6:36 PM<br />
Sep 17, 2012 7:11 PM<br />
Sep 17, 2012 10:33 AM<br />
Sep 14, 2012 5:55 AM<br />
22 Just keep doing what you're doing. Sep 14, 2012 4:51 AM<br />
23 Port Franks area our former counciller sent updates on meetings. our current<br />
counciller does not even respond to emails.<br />
Sep 13, 2012 4:58 AM<br />
24 If there is a serious interest in hearing from the public, you will keep us informed. Sep 8, 2012 5:51 PM<br />
25 just listen to what the people have to say Sep 6, 2012 5:05 PM<br />
26 use email and direct mail Sep 6, 2012 2:52 PM<br />
27 Hold public meetings on all issues or projects that impact the public purse<br />
especially if it is in the million dollar range.<br />
Sep 6, 2012 12:02 PM<br />
28 blogs Sep 6, 2012 11:41 AM<br />
29 I have noticed a great change in the council and their desire to communicate<br />
with the public....however they need to start speaking as one voice on issues<br />
with council approval....and be supported by staff in these decisions<br />
Sep 4, 2012 6:35 AM<br />
30 Maybe council meetings can be met held in different towns allowing people to Aug 30, 2012 10:50 AM<br />
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Page 1, Q26. In what ways could they have done a better job <strong>of</strong> listening to your input and keeping you informed?<br />
come that are unable. Maybe a question box located in the various libraries in<br />
<strong>Lambton</strong> <strong>Shores</strong> that can be answered online once a week<br />
31 I am most satified with communication with councillor in ward 2 and the mayor. Aug 29, 2012 3:26 PM<br />
32 Timely publishing <strong>of</strong> the minutes is helpful (and that has generally improved as<br />
well). A council newsletter (with neutral wording) would be welcomed.<br />
33 Past councils seemed to have railroaded the community which has set a tone <strong>of</strong><br />
mistrust. This council seems to have a better handle on listening. <strong>The</strong> council<br />
needs to remember that they represent the community voice not just their own.<br />
Aug 28, 2012 2:21 AM<br />
Aug 24, 2012 8:12 AM<br />
34 Keeping Forest out <strong>of</strong> this mess in the first place!! Aug 23, 2012 12:39 PM<br />
35 it is our responsibility to stay informed. the hew council has made every effort<br />
toward transparency and it is really appreciated!<br />
36 <strong>The</strong>y just need to make their information easier to access. A lot <strong>of</strong> people have<br />
the internet, and council should communicate more effectively that way. Families<br />
don't have time to go to the meetings to see what is going on, and not everyone<br />
has access to the paper. <strong>The</strong> internet would reach more families. That is how I<br />
knew about this survey, it was online.<br />
Aug 23, 2012 12:18 PM<br />
Aug 21, 2012 12:02 PM<br />
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THE MUNICIPALITY OF LAMBTON SHORES<br />
CL Report No. 05-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Carol McKenzie, Clerk<br />
Extending the Term <strong>of</strong> the Interim Chief Administrative Officer<br />
RECOMMENDATION:<br />
That the term <strong>of</strong> the appointment <strong>of</strong> Janet Ferguson as the<br />
Interim Chief Administrative Officer for the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong> be extended to April 15, 2013, and that Bylaw<br />
10 <strong>of</strong> 2013 being a by-law to enact the appointment and<br />
rescind previous by-laws be approved.<br />
REPORT<br />
In November <strong>of</strong> 2012, Council appointed Treasurer Janet Ferguson to serve as the<br />
interim Chief Administrative Officer for a time period that would expire on January 15,<br />
2013.<br />
At the meeting held the 14 th <strong>of</strong> January, 2013, Council considered TR Report No. 08-<br />
2013, respecting the options for filling the vacant position <strong>of</strong> C.A.O. for the municipality,<br />
and opted to utilize the services <strong>of</strong> a consultant to assist with the process.<br />
As this process will take a few months to work through, the decision was made to<br />
extend the current term <strong>of</strong> interim C.A.O. until April 15, 2013.<br />
Attached is By-law 10 <strong>of</strong> 2013 that will implement that decision and will repeal all<br />
previous by-laws appointing a Chief Administrative Officer for the Corporation.<br />
Respectfully submitted,<br />
Carol McKenzie<br />
Clerk<br />
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THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
BY-LAW NUMBER 10 <strong>of</strong> 2013<br />
Being a by-law to appoint an Interim Chief Administrative Officer and Deputy Clerk<br />
WHEREAS:<br />
THEREFORE:<br />
It is deemed expedient that the Council <strong>of</strong> the Corporation <strong>of</strong> the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> appoints an Interim Chief<br />
Administrative Officer and Deputy Clerk, under Sections 229 and<br />
228(2) <strong>of</strong> the Municipal Act, 2001;<br />
<strong>The</strong> 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. That Janet Ferguson be and is hereby appointed the Interim – Chief<br />
Administrative Officer and a Deputy Clerk for the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
effective November 14, 2012 until April 15, 2013.<br />
2. That Janet Ferguson is authorized to perform all duties required to be performed<br />
by the Chief Administrative Officer and as a Deputy Clerk under statutory<br />
authority and any other duties as assigned by Council.<br />
3. Nothing in this appointment by-law negates or rescinds the provisions <strong>of</strong> By-law<br />
05-2001, that being a by-law to appoint Janet Ferguson as the Treasurer for the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>.<br />
4. This by-law repeals by-law 128 <strong>of</strong> 2012 and By-law 3 <strong>of</strong> 2001.<br />
THAT THIS BY-LAW is read a FIRST, SECOND and THIRD time and finally passed<br />
January 28, 2013<br />
_________________________<br />
MAYOR – Bill Weber<br />
_________________________<br />
CLERK – Carol McKenzie<br />
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THE MUNICIPALITY OF LAMBTON SHORES<br />
CL Report No. 06-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Carol McKenzie, Clerk<br />
2013 Dream Lottery Program - 10159 Pinery Bluff Road,<br />
<strong>Lambton</strong> <strong>Shores</strong><br />
RECOMMENDATION:<br />
That confirmation be sent to the London Health Sciences<br />
Foundation (Dream Lottery), advising that the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong> has no objection to tickets for the 2013 Dream<br />
Lottery being sold at the “Lottery House”, located at 10159<br />
Pinery Bluff Road, <strong>Lambton</strong> <strong>Shores</strong><br />
REPORT<br />
<strong>The</strong> Dream Lottery program is a very successful fundraiser that benefits the London<br />
Health Sciences Foundation. For many years, one <strong>of</strong> the grand prize options for the<br />
Dream Lottery has been a home in <strong>Lambton</strong> <strong>Shores</strong>, which has provided immeasurable<br />
exposure for our local developers.<br />
A letter has recently been received from the organizers <strong>of</strong> the fundraiser that they have<br />
once again selected a home in <strong>Lambton</strong> <strong>Shores</strong> as one <strong>of</strong> the Dream Lottery grand<br />
prizes. <strong>The</strong> home secured for the 2013 spring lottery is located in 10159 Pinery Bluff<br />
Road.<br />
<strong>The</strong> lottery runs from the middle <strong>of</strong> March until the first <strong>of</strong> June, 2013 with the house<br />
open for viewing on Friday, Saturday and Sunday's.<br />
By-Law Enforcement Officers and I have met with the Lottery organizers over the years<br />
to ensure that any municipal concerns and issues are identified and resolve. <strong>The</strong><br />
representatives have always been more than willing to work with the municipality to<br />
minimize the impact <strong>of</strong> the influx <strong>of</strong> people viewing the lottery house and to address any<br />
other municipal concerns. As in previous years, a local contact person is identified who<br />
is available to deal with issues that arise, in addition to the Director <strong>of</strong> Gaming and<br />
Lottery for the Foundation.<br />
This year, with the home being in a newer subdivision with a limited number <strong>of</strong> homes,<br />
there will not be issues with neighbours being impacted by a large number <strong>of</strong> visitors to<br />
the home. With respect to parking, there is a significant amount <strong>of</strong> parking available on<br />
the street, and a cul-de-sac at the end <strong>of</strong> the road to facilitate egress.<br />
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<strong>The</strong> organization plans to use “Commissionaires” again this year to monitor the parking<br />
on site which has been a very successful method <strong>of</strong> regulating traffic in the past. In<br />
addition, with the lottery running from March until early June, parking and egress<br />
concerns are not as much an issue as in the summer months.<br />
<strong>The</strong> south area by-law has reviewed the area and the proposal and has no issue with<br />
the location, or the usual protocol.<br />
MUNICIPAL REQUIREMENTS:<br />
Municipal permission is not required to hold the lottery, however, as with previous<br />
lotteries, the organization is asking for a letter <strong>of</strong> permission from the <strong>Municipality</strong> to sell<br />
tickets at the lottery house, and it is recommended that this permission be granted.<br />
Respectfully submitted,<br />
Carol McKenzie,<br />
Clerk<br />
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THE MUNICIPALITY OF LAMBTON SHORES<br />
CL Report No. 07-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Carol McKenzie, Clerk<br />
2013 Grand Bend Winter Carnival<br />
RECOMMENDATION:<br />
That the requests from the Grand Bend Winter Carnival<br />
Committee for permission to install temporary signage in the<br />
Village to promote the event, and to be re-affirmed the<br />
Committee’s status as a “Committee <strong>of</strong> Council” be approved.<br />
REPORT<br />
<strong>The</strong> plans for the 2013 Grand Bend Winter Carnival, to be held February 15-18, 2013<br />
are well underway, and the organizers have asked for permission to install temporary<br />
signage in the Village to promote the event. <strong>The</strong>se signs will be similar in size and in<br />
location as the “Christmas Comes Early” signs. <strong>The</strong> By-law Officer has reviewed the<br />
request and has no objection to the request.<br />
<strong>The</strong> group is also asking for confirmation that they are considered a “Committee <strong>of</strong><br />
Council”. <strong>The</strong> requirements for a group to be considered a “Committee <strong>of</strong> Council” and<br />
therefore qualifying for third party liability insurance coverage are:<br />
1) Council passes a resolution stating that a group <strong>of</strong> individuals will be acting as a<br />
“Committee <strong>of</strong> Council”;<br />
2) Council is aware <strong>of</strong> and approves the actions and/or activities;<br />
3) One or more members <strong>of</strong> Council are appointed to sit on the committee.<br />
With respect to the insurance, being designated a “Committee <strong>of</strong> Council” allows for the<br />
municipal liability policy to respond and protect volunteers against third party claims<br />
providing they are acting within the scope <strong>of</strong> the defined duties on behalf <strong>of</strong> the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>. This coverage is not restricted to events at municipal<br />
facilities or properties, as volunteers are covered in any location that they act as<br />
volunteers.<br />
Where the above noted conditions apply, the Municipal liability insurance protection for<br />
these committees is automatic and no endorsement to the policy is necessary.<br />
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<strong>The</strong> Grand Bend Winter Carnival has submitted the required information for this<br />
approval, a copy <strong>of</strong> which is attached.<br />
Respectfully submitted,<br />
Carol McKenzie,<br />
Clerk<br />
225
Grand Bend Winter Carnival 2013<br />
Creation by David Bannister<br />
January 17, 2013<br />
To Whom it May Concern;<br />
Grand Bend Winter Carnival 2013 Committee has been working diligently on building<br />
another successful event February 15 – 18, 2013. Our focus over the last two years is to<br />
bring back the focus free or low cost activities for community families and visitors to enjoy.<br />
Part <strong>of</strong> our improvement plan is leveraging the awareness <strong>of</strong> the event.<br />
<strong>The</strong> Grand Bend Winter Carnival Committee would like council’s permission to placed<br />
signage to advertise the upcoming winter carnival. <strong>The</strong> signs would be in the same<br />
locations that the Chamber used for their Christmas in November and be the same<br />
approximate size. We would also like to place signs in the Crescent Street parkette and<br />
Optimist Park at Gill Road.<br />
Please confirm with our council representative Dave Maguire or contact us directly via<br />
email at gbwintercarnival@gmail.com Our goal is to have the signage out as soon as<br />
possible.<br />
Thank you for your time and consideration.<br />
Sincerely,<br />
Grand Bend Winter Carnival Committee 2013<br />
226
Grand Bend Winter Carnival 2013<br />
January 9, 2013<br />
To whom it may concern;<br />
Please accept this request on behalf <strong>of</strong> the Grand Bend Winter Carnival Committee<br />
2013 to be a Community Committee <strong>of</strong> Council allowing this group to be covered under<br />
the municipalities’ 3 rd party liability insurance for the event February 15 – 18, 2013.<br />
<strong>The</strong> volunteers to be included in this request for 2013 are as follows:<br />
Linda Tilson – Chair<br />
Joyce Lappin – Treasurer<br />
Dave Maguire – Council Member/ Representative<br />
Crystal-Lee Olson – Secretary<br />
Shelley Snider – Parade Coordinator<br />
Kathleen Paddfield - Youth Programming<br />
For scheduled events planned for the 2013 Grand Bend Winter Carnival please see<br />
attached document with email for details.<br />
To confirm this request please contact us via email at gbwintercarnival@gmail.com or<br />
advise our Committee Council Member Dave Maguire.<br />
Any further information or questions can be directed to Crystal-Lee Olson at<br />
gbwintercarnival@gmail.com<br />
Thank you for your time and consideration.<br />
Sincerely,<br />
2013 Grand Bend Winter Carnival Committee Members<br />
227
Grand Bend Winter Carnival Event<br />
2013<br />
Friday February 15, 2013<br />
Snow Sculpturing<br />
Various participating locations<br />
5:00pm<br />
5:00pm<br />
6:00pm<br />
7:00pm<br />
8:00pm<br />
Meat Draw<br />
Location: Royal Canadian Legion<br />
BYOM (Bring Your Own Meat) BBQ<br />
Location: Gables<br />
Reserve early call 519-238-2371<br />
*Age <strong>of</strong> majority event<br />
Sobeys Drive In Movie Night<br />
Location: Grand Bend Public School<br />
Opening Ceremony Oakwood Inn Resort & Golf<br />
Family Magic Show at Oakwood Inn Pub. Donations collected onsite.<br />
Saturday February 16, 2013<br />
9:00am<br />
9:00am<br />
10:00am<br />
10:00am<br />
11:00am<br />
12:00pm<br />
Gables Co-ed Sno-Pitch Tournament<br />
Location: Lions Park – beside the Legion<br />
2 for 1 Family Swim<br />
Location: Pine Dale Motor Inn<br />
Health & Wellness Craft Show<br />
Location: Pine Dale Motor Inn.<br />
Show open 10:00 am – 5:00pm<br />
Wood Carving Sculptures<br />
Location: Colonial Parking Lot<br />
Rotary Winter Carnival Parade<br />
3 on 3 Hockey Tournament<br />
Location: Whitecaps<br />
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12:00pm<br />
12:00pm<br />
1:00pm<br />
3:00pm<br />
1:00pm<br />
1:00pm<br />
1:00pm<br />
7:00pm<br />
United Church Luncheon - Donations<br />
Location: Grand Bend United Church<br />
Horse & Carriage Rides<br />
Location: Grand Bend Chamber Office pickup location.<br />
Youth Activities<br />
Location: Grand Bend Public School – community room, gym<br />
<strong>The</strong> Puppet Guy family puppet show.<br />
Tobogganing<br />
Location: Oakwood<br />
Paddington’s Shuffleboard<br />
Location: Paddington’s Pub<br />
16 th Annual Riverbend Olympics<br />
Location: River Bend<br />
Pyro Celebrations in the Sky<br />
Sunday February 17, 2013<br />
8:00am<br />
9:00am<br />
9:00am<br />
10:30am<br />
12:00pm<br />
1:00pm<br />
1:00pm<br />
Grand Bend Fireman’s Breakfast<br />
Gables Co-ed Sno-Pitch Tournament<br />
2 for 1 Family Swim<br />
Location: Pine Dale Motor Inn<br />
Exeter Skating Club<br />
Location: Optimist rink<br />
3 on 3 Hockey Tournament<br />
Grandpa Jimmie’s Food for Thought<br />
Youth Talent Show<br />
Location: Legion<br />
Special Event: Magic Show to follow the Youth Talent Show<br />
12:00pm<br />
1:00pm<br />
Horse & Carriage Rides<br />
Tobogganing<br />
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1:00pm<br />
1:00pm<br />
2:00pm<br />
Paddington’s Shuffleboard<br />
Location: Paddington’s Pub<br />
Carving Auction – proceeds’ go to Adult Day Program transportation<br />
Location: Colonial Parking lot<br />
Heywood’s auctioneers to come in<br />
Waiter’s Races<br />
Location: Colonial Hotel<br />
Monday February 20 2012<br />
9:00am<br />
10:00am<br />
2 for 1 Family Swim<br />
Family Day Portrait Breakfast Tour<br />
Bring the family out for breakfast to share your stories<br />
from the 2012 Grand Bend Winter Carnival.<br />
Purchase a portrait and Children under 10 years old eat free.<br />
Picture proceeds go toward winter carnival youth programs.<br />
Participating Restaurants include:<br />
Aunt Gussies<br />
Colonial<br />
1:00pm Youth Photo Workshop<br />
Location: YMCA Youth Centre<br />
2:00pm Closing Ceremonies<br />
Location: Legion<br />
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THE MUNICIPALITY OF LAMBTON SHORES<br />
CL Report No. 08-2013 Tuesday, January 22, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Carol McKenzie, Clerk<br />
Delegation Request – 2013 OGRA-ROMA Conference<br />
RECOMMENDATION:<br />
For information only.<br />
REPORT<br />
At the January 14, 2013 meeting, Council considered TR Report No. 09-2013 which<br />
requested direction on the delegation requests for the upcoming OGRA-ROMA<br />
conference.<br />
Based on the direction <strong>of</strong> Council, the attached list <strong>of</strong> items was submitted for<br />
consideration.<br />
Delegation requests were to be submitted by January 18, 2013, and municipalities will<br />
be notified the week <strong>of</strong> February 18 th whether or not the requests can be<br />
accommodated.<br />
Respectfully submitted,<br />
Carol McKenzie,<br />
Clerk<br />
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Bob Chiarelli — Minister Of Infrastructure & Minister <strong>of</strong> Transportation<br />
Highway 21 Safety Issues:<br />
Highway #21 in <strong>Lambton</strong> <strong>Shores</strong> (Village <strong>of</strong> Grand Bend) is an important transportation<br />
corridor as it is a major collector highway which runs along the eastern shore <strong>of</strong> Lake<br />
Huron, and is an important link between the US border and southwestern Ontario.<br />
This road is also a major tourist route throughout the summer months, and the corridor<br />
is experiencing increased traffic, including a significant increase in commercial truck<br />
traffic, which is having a negative impact on local pedestrian safety in our community.<br />
<strong>The</strong> municipality is looking for long term solutions to this ongoing and worsening safety<br />
concerns, and one planned project to improve pedestrian safety is the construction <strong>of</strong><br />
two additional crosswalks at a forecasted cost <strong>of</strong> $120,000. As the section <strong>of</strong> the road<br />
within the Village is part <strong>of</strong> the Highway #21 connecting link, it no longer receives upper<br />
level funding, and the municipality would appreciate any financial support that would be<br />
available to assist with the significant costs associated with the project.<br />
Michael Gravelle — Minister <strong>of</strong> Natural Resources<br />
1. Assistance with Phragmites Control:<br />
Currently, groups within the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> are working to protect the<br />
natural habitat and restore those sections <strong>of</strong> our diverse ecosystem that have been<br />
damaged by uncontrolled phragmites growth. <strong>The</strong>se weeds are affecting our most<br />
valuable attributes – the Lake and river- and are having a negative impact on tourism,<br />
wetland habitat and Species at Risk. If left unchecked, the phragmites will continue to<br />
damage our wetlands (recognized as ANSI and environmentally sensitive) and coastal<br />
dunes.<br />
Our goal is to be proactive and develop a regional approach for areas where large,<br />
continuous stretches <strong>of</strong> shoreline are impacted and any financial support that would be<br />
available to assist with the significant costs associated with the works would be<br />
appreciated.<br />
In addition, it would be extremely helpful if the Ministry would consider allowing the<br />
product “Rodeo” to be used to help eradicate this growth – the product that has been<br />
approved for use in the United States and our local experts believe that Rodeo would be<br />
very helpful in managing Phragmites Australis in our area.<br />
Other requests would be for faster turnaround times on permit applications and for<br />
permits to be valid for up to 5 years.<br />
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2. Ipperwash MNR parking lot and washrooms<br />
<strong>The</strong> Ministry <strong>of</strong> Natural Resources has traditionally had a significant role in the tourism<br />
industry in the community <strong>of</strong> Ipperwash; however, the Ministry’s involvement in the area<br />
has been severely reduced since the closure <strong>of</strong> the Ipperwash Provincial Park. In<br />
addition to the Provincial Park, the Ministry owns several large parking areas and lake<br />
front properties in the community with washroom and picnic facilities. <strong>The</strong>se facilities<br />
are in a state <strong>of</strong> disrepair, and the washroom facilities on the MNR lands are in appalling<br />
condition, both <strong>of</strong> which are significant deterrents to visitors. In order to help restore the<br />
tourism potential to this area, it would be extremely beneficial to have these facilities<br />
maintained and restored by the Ministry.<br />
Michael Chan, Minister <strong>of</strong> Tourism, Culture and Sport<br />
Grand Bend Marina Dock Upgrades:<br />
Grand Bend is a major Ontario tourist destination, with many <strong>of</strong> the visitors arriving by<br />
watercraft. With the falling water level in Lake Huron, the docks located at the Grand<br />
Bend Municipal Marina are difficult to access for boaters. In addition the boardwalk is<br />
only 4 feet wide, and showing its age, which leads to liability issue. <strong>The</strong> <strong>Municipality</strong><br />
proposes to replace the existing boardwalk and docks with an 8 foot wide boardwalk,<br />
and floating docks. <strong>The</strong> new boardwalk would be more accessible, and would also<br />
function as a pedestrian walkway with seating areas to enjoy the river. <strong>The</strong> re-design<br />
cost estimate for this project is in the order <strong>of</strong> $2.0 M. Any financial support that would<br />
be available to assist with the significant costs associated with the works would be<br />
appreciated.<br />
233
THE MUNICIPALITY OF LAMBTON SHORES<br />
CL Report No. 09-2013 Wednesday, January 23, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Carol McKenzie, Clerk<br />
Integrity Commissioner<br />
RECOMMENDATION:<br />
For Council direction.<br />
REPORT<br />
At the Council meeting held the 14 th <strong>of</strong> January, the following resolution was passed:<br />
13-0114-42 Moved by: Councillor Bonesteel<br />
Seconded by: Councillor Maguire<br />
That Council retains an Integrity Commissioner under the Municipal<br />
Act to start an investigation to determine if allegations against<br />
Council have any grounds.<br />
Carried<br />
In order to implement Council’s decision, additional information would be appreciated.<br />
In 2012, Council passed By-law 55-2012, being a “By-law <strong>of</strong> the Corporation <strong>of</strong> the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> to Adopt a Code <strong>of</strong> Conduct Policy for Council and to<br />
Establish Roles and Responsibilities for Council to promote Accountability and<br />
Transparency in Municipal Governance”. (copy attached)<br />
<strong>The</strong> Code <strong>of</strong> Conduct is the means by which the <strong>Municipality</strong> can state expected<br />
performances and behaviors <strong>of</strong> Council members, and the by-law outlines the<br />
expectations <strong>of</strong> members to ensure transparent and accountable governance. Included<br />
in the by-law is the process for persons to use if they are <strong>of</strong> the belief that there has<br />
been a contravention <strong>of</strong> the Code <strong>of</strong> Conduct.<br />
<strong>The</strong> first step in the process is an “Informal Complaint Procedure”:<br />
Informal Complaint Procedure<br />
Individuals or organizations who have identified or witnessed behavior or an activity by<br />
a Member <strong>of</strong> Council that they believe is in contravention <strong>of</strong> the Code <strong>of</strong> Conduct for<br />
Members <strong>of</strong> Council are encouraged to initially pursue an informal complaint procedure<br />
234
as a means <strong>of</strong> stopping and remedying the behavior or activity that is prohibited by the<br />
Code <strong>of</strong> Conduct.<br />
Addressing the prohibited behavior or activity informally would include:<br />
a) advising the Member <strong>of</strong> Council that the behavior or activity contravenes<br />
the Code <strong>of</strong> Conduct, and encouraging the Member to stop the prohibited<br />
behavior or activity;<br />
b) advising someone else (for example, another Member <strong>of</strong> Council) about<br />
the concern, the comments made to the Member <strong>of</strong> Council and the<br />
response <strong>of</strong> the Member <strong>of</strong> Council;<br />
c) keep a written record <strong>of</strong> the incidents including dates, times, locations,<br />
other persons present, and any other relevant information;<br />
If the informal process is not successful, there is a more formal complaint process<br />
outlined in the by-law:<br />
Formal Complaint Procedure<br />
Individuals or organizations who have identified or witnessed a behavior or an activity<br />
by a Member <strong>of</strong> Council that they believe is in contravention <strong>of</strong> the Code <strong>of</strong> Conduct for<br />
Members <strong>of</strong> Council may request that the matter, or complaint be reviewed by Council.<br />
Requests for Council to review a member’s actions shall:<br />
a) be in writing and shall be signed by the complainant(s).<br />
b) set out the alleged contravention and include a supporting information<br />
that includes evidence in support <strong>of</strong> the complaint, such as the name <strong>of</strong><br />
the alleged violator, the provision <strong>of</strong> the Code allegedly contravened, facts<br />
constituting the alleged contravention, the names and contact information<br />
<strong>of</strong> witnesses, and contact information respecting the complainant during<br />
normal business hours.<br />
Depending on the severity <strong>of</strong> the violations, the Council may institute any <strong>of</strong> the<br />
following measures;<br />
a) a reprimand<br />
b) suspension <strong>of</strong> the remuneration paid to the member in respect <strong>of</strong> his or<br />
her services as a member <strong>of</strong> Council or the local board, as the case may<br />
be, for a period <strong>of</strong> up to ninety (90) days.<br />
If it is not possible to resolve the issues using either the informal or the formal process,<br />
council has the option to appoint an Integrity Commissioner.<br />
A municipality may appoint an Integrity Commissioner who would report to council and<br />
who is responsible for performing in an independent manner the functions assigned by<br />
the municipality with respect to the application <strong>of</strong> the code <strong>of</strong> conduct for members <strong>of</strong><br />
235
council and the application <strong>of</strong> any procedures, rules and policies <strong>of</strong> the municipality<br />
governing the ethical behaviour <strong>of</strong> members <strong>of</strong> council. <strong>The</strong> by-law requires that<br />
complaints regarding alleged transgression <strong>of</strong> the Municipal Code <strong>of</strong> Conduct<br />
referred to the Integrity Commissioner be made in writing to the attention <strong>of</strong> the<br />
Municipal Clerk with specific details as to the alleged transgression, when /<br />
where it is purported to have occurred, and how the alleged transgression is in<br />
contravention <strong>of</strong> the Municipal Code <strong>of</strong> Conduct.<br />
Clarification on which <strong>of</strong> the process’ Council would like to utilize to investigate the<br />
complaints/concerns would be appreciated. Regardless <strong>of</strong> the method used, it will be<br />
necessary for the alleged contravention(s) <strong>of</strong> the Code <strong>of</strong> Conduct to be defined.<br />
In addition, if the decision is to proceed with the Integrity Commissioner, direction would<br />
be appreciated on the process Council would like staff to follow to solicit candidates for<br />
the appointment.<br />
Respectfully submitted,<br />
Carol McKenzie,<br />
Clerk<br />
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THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
BY-LAW NO. 55-2012<br />
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 Adopt a Code <strong>of</strong> Conduct Policy for Council and to Establish<br />
Roles and Responsibilities for Council to promote Accountability and<br />
Transparency in Municipal Governance<br />
WHEREAS Section 8 <strong>of</strong> the Municipal Act, 2001, S.O. 2001, c.25, provides a<br />
<strong>Municipality</strong> has the capacity, rights powers and privileges <strong>of</strong> a natural person;<br />
AND WHEREAS Part V.1, Accountability and Transparency, Section 223.2(1) <strong>of</strong> the<br />
Municipal Act, 2001, c.25, as amended authorizes a <strong>Municipality</strong> to establish codes <strong>of</strong><br />
conduct for members <strong>of</strong> Council <strong>of</strong> the municipality and <strong>of</strong> local boards <strong>of</strong> the<br />
municipality;<br />
AND WHEREAS the Council <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
deems it expedient to adopt a Code <strong>of</strong> Conduct Policy for Council;<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> hereby enacts a Code <strong>of</strong> Conduct, attached hereto as Schedule “A”.<br />
1. SEVERABILITY<br />
In the event that section or sections <strong>of</strong> this by-law there<strong>of</strong> are found by a Court <strong>of</strong><br />
competent jurisdiction to be invalid or ultra virus, such section, sections or parts there<strong>of</strong><br />
shall be deemed to be severable, with all other sections or parts <strong>of</strong> this by-law<br />
remaining in the full force and effect.<br />
2. SCHEDULES<br />
THAT the following schedules are attached and form part <strong>of</strong> this by-law:<br />
(a) Schedule “A” “Accountability and Transparency Guidelines and Code <strong>of</strong> Conduct<br />
for Council Members” attached hereto;<br />
(b) Schedule “B” “Roles and Responsibilities for Members <strong>of</strong> Council” attached<br />
hereto.<br />
3. EFFECTIVE DATE<br />
THAT this By-law shall take effect upon its adoption.<br />
Read a first and second time this 22 nd day <strong>of</strong> May 2012<br />
Read a THIRD time and finally passed in Open Council this 22 nd day <strong>of</strong> May 2012.<br />
Carol McKenzie, Clerk<br />
Bill Weber, Mayor<br />
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Schedule “A” to By-law No. 55-2012<br />
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
1. BACKGROUND<br />
ACCOUNTABILITY AND TRANSPARENCY GUIDELINES<br />
AND CODE OF CONDUCT FOR COUNCIL MEMBERS<br />
Attaining an elected position within one’s community is a privilege which carries<br />
significant responsibilities and obligations. Members <strong>of</strong> Council are held to a high<br />
standard as leaders <strong>of</strong> the community and they are expected to become well informed<br />
on all aspects <strong>of</strong> municipal governance, administration, planning and operations. <strong>The</strong>y<br />
are also expected to carry out their duties in a fair, impartial, transparent and<br />
pr<strong>of</strong>essional manner.<br />
<strong>Lambton</strong> <strong>Shores</strong>’ Members <strong>of</strong> Council entrusted with decision making powers, and are<br />
committed to achieving transparent and accountable governance to best serve their<br />
constituents. Adherence to the letter and spirit <strong>of</strong> the laws <strong>of</strong> the Federal Parliament, the<br />
Ontario Legislature and policies adopted by <strong>Lambton</strong> <strong>Shores</strong>’ Council enables Members<br />
to serve the public interest in a responsible, transparent and accountable way.<br />
This Code <strong>of</strong> Conduct is a public declaration <strong>of</strong> the principles <strong>of</strong> good conduct and<br />
ethics (standards <strong>of</strong> behavior) that we, the Members <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong>’ Council,<br />
have decided its stakeholders could reasonably expect <strong>of</strong> us as Members <strong>of</strong> the Council<br />
to demonstrate in the performance <strong>of</strong> our responsibilities as elected community<br />
representatives.<br />
<strong>The</strong> key stakeholders <strong>of</strong> the <strong>Municipality</strong> represent a broad base <strong>of</strong> interests and<br />
concerns and include, but are not limited to:<br />
a) Residents<br />
b) Ratepayers<br />
c) Business Communities and Organizations<br />
d) Community and Volunteer Groups<br />
e) Other Members <strong>of</strong> Council<br />
f) Staff<br />
g) <strong>The</strong> Province <strong>of</strong> Ontario<br />
h) School Boards and other Public Agencies<br />
i) Suppliers<br />
DEFINITIONS<br />
1. <strong>Municipality</strong> means the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>.<br />
2. Municipal Council Members – include the Mayor and members <strong>of</strong> Council <strong>of</strong> the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>.<br />
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3. Public Comment – includes disclosures made in a public speech, lecture, radio or<br />
television broadcast, in the press or book form.<br />
4. Confidential Information – while the classification <strong>of</strong> information as “confidential”<br />
is a matter <strong>of</strong> Council discretion, whether labeled as confidential or not,<br />
disclosure <strong>of</strong> information will not constitute a breach <strong>of</strong> the Code <strong>of</strong> Conduct<br />
unless that information is <strong>of</strong> an inherently confidential nature pursuant to<br />
provisions <strong>of</strong> the Municipal Freedom <strong>of</strong> Information and Protection <strong>of</strong> Privacy Act<br />
(MFIPPA), the Municipal Act or other applicable legislation.<br />
Examples may include:<br />
a) Personal data <strong>of</strong> employees or others.<br />
b) Records related to internal policies and practices, which if disclosed, may<br />
prejudice the effective performance <strong>of</strong> a municipal operation.<br />
c) Records <strong>of</strong> a financial nature reflecting information given or accumulated<br />
in confidence.<br />
d) Files prepared in connection with litigation and adjudicative proceedings.<br />
e) Reports <strong>of</strong> consultants, policy drafts and internal communications, which,<br />
if disclosed, may prejudice the effective operation <strong>of</strong> the municipality.<br />
Obligations:<br />
To assist the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>’ Council members in interacting effectively<br />
with all stakeholders, the following obligations are expected <strong>of</strong> each <strong>of</strong> them:<br />
1. To promise, declare and carry out their responsibilities as prescribed in the oath<br />
<strong>of</strong> <strong>of</strong>fice.<br />
2. To familiarize themselves with and follow the “Code <strong>of</strong> Conduct” and “Procedural<br />
By-law for Council and its Committees”.<br />
3. To read and respect the Roles and Responsibilities <strong>of</strong> Council<br />
4. To read and follow the provisions <strong>of</strong> the Municipal Act and Municipal Conflict <strong>of</strong><br />
Interest Act, and other pertinent Acts.<br />
A “Code <strong>of</strong> Conduct” for Members <strong>of</strong> Council has been prepared to;<br />
1. Inform the public in the role and integrity <strong>of</strong> municipal politicians in the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>.<br />
2. Provide present and future Councils with additional assistance and protocols to<br />
assist in the performance <strong>of</strong> their elected duties and responsibilities, and<br />
3. Assist Members <strong>of</strong> Council in providing leadership by example to staff.<br />
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It is hoped that this will be viewed by each Member <strong>of</strong> Council as a valuable added<br />
resource to assist them in fulfilling his/her mandate in an effective, open and efficient<br />
manner.<br />
Members <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>’ Council fundamentally understand<br />
that;<br />
1. <strong>The</strong> proper operation <strong>of</strong> democratic and representative municipal government<br />
requires that members be open, impartial and responsible to the people,<br />
2. Members are to observe proper channels for decision making and approval <strong>of</strong><br />
policy,<br />
3. Conflicts between private interests and public responsibilities are unacceptable<br />
and must be avoided, and<br />
4. As leaders <strong>of</strong> the community, he/she is held to a higher standard <strong>of</strong> behaviour<br />
and conduct.<br />
POLICY STATEMENT<br />
Local Government is an open, accessible, and accountable form <strong>of</strong> government. <strong>The</strong><br />
relationship <strong>of</strong> public trust and mutual respect that has evolved between government<br />
and the public requires high standards <strong>of</strong> ethical conduct by Municipal Council<br />
Members.<br />
PURPOSE OF THE CODE OF CONDUCT POLICY<br />
Municipal Council Members hold positions <strong>of</strong> privilege. <strong>The</strong>refore, they must discharge<br />
their duties in a manner that recognizes a fundamental commitment to the well-being <strong>of</strong><br />
the community and regard for the integrity <strong>of</strong> the Corporation.<br />
Policy is important as it:<br />
a) ensures equitable treatment <strong>of</strong> citizens;<br />
b) ensures equitable treatment <strong>of</strong> members <strong>of</strong> Council and employees;<br />
c) communicates corporate priorities to residents and employees;<br />
d) ensures compliance with statutory requirements;<br />
e) minimizes liability risks;<br />
f) ensures accountability at all levels;<br />
g) ensures optimal use <strong>of</strong> available resources;<br />
h) implements the organization’s strategic vision;<br />
i) minimizes local board/committee interference in operational matters.<br />
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<strong>The</strong> purpose is to:<br />
1. Protect the public interest.<br />
2. Encourage high ethical standards among Municipal Council Members.<br />
3. Provide a universal understanding <strong>of</strong> the fundamental rights, privileges, and<br />
obligations <strong>of</strong> Municipal Council Members.<br />
4. Provides a means for Municipal Council Members to obtain authorization for<br />
some contemplated conduct in circumstances where they are uncertain as to the<br />
ethical appropriateness <strong>of</strong> that conduct.<br />
5. Set out the means <strong>of</strong> dealing with unethical conduct.<br />
RESPONSIBILITIES<br />
STATEMENT OF COMMITMENT<br />
“We the Members <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>’ Council are<br />
committed to discharging our duties conscientiously and to the best <strong>of</strong> our ability.<br />
In the performance <strong>of</strong> our community role, we will act with honesty and integrity and<br />
generally conduct ourselves in a way that both generates community trust and<br />
confidence in us as individuals and enhances the role and image <strong>of</strong> the Council and the<br />
municipality.<br />
In addition to all legislative requirements, we the Members <strong>of</strong> Corporation <strong>of</strong> the<br />
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>’ Council have adopted the requirements <strong>of</strong> this Code <strong>of</strong><br />
Conduct as standards that we will use in the performance <strong>of</strong> our role.“<br />
Council Shall<br />
a) make such revisions, additions, or deletions to the Code <strong>of</strong> Conduct as<br />
may be approved by Council, or as a result <strong>of</strong> judicial review or legal<br />
advice.<br />
b) decide on the appropriate action in matters concerning a Council<br />
Members unethical conduct following its review <strong>of</strong> the information.<br />
Council Members must<br />
c) not improperly use information acquired or improperly use their position as<br />
a member <strong>of</strong> Council.<br />
d) act honestly and with reasonable care and exercise due diligence in the<br />
performance and discharge <strong>of</strong> <strong>of</strong>ficial functions and duties.<br />
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COUNCIL MEMBERS<br />
Integrity<br />
Every Municipal Council member will perform his/her duties with integrity,<br />
respect, caring and wisdom.<br />
Without restricting the scope <strong>of</strong> this rule, the following shall be considered breaches <strong>of</strong><br />
the Code <strong>of</strong> Conduct:<br />
Impartiality<br />
a) Members <strong>of</strong> Council who knowingly contravene any provision <strong>of</strong> the<br />
Criminal Code may be in breach <strong>of</strong> the Code <strong>of</strong> Conduct.<br />
Every Municipal Council Member must perform his/her duties in an impartial<br />
manner.<br />
Without restricting the scope <strong>of</strong> this rule, the following shall be considered breaches <strong>of</strong><br />
the Code <strong>of</strong> Conduct:<br />
a) accepting gifts and benefits from firms or individuals that affect decision<br />
making ability<br />
Conflict <strong>of</strong> Interest<br />
Every Council Member shall have regard to the provisions contained in the<br />
Municipal Conflict <strong>of</strong> Interest Act, R.S.O. 1990<br />
Without restricting the scope <strong>of</strong> this rule, the following shall be considered breaches <strong>of</strong><br />
the Code <strong>of</strong> Conduct:<br />
a) failing to declare a pecuniary interest, when required<br />
Financial Transactions<br />
Every Municipal Council Member must adhere to Municipal by-laws and policies<br />
regarding municipal financial transactions.<br />
Without restricting the scope <strong>of</strong> this rule, the following shall be considered breaches <strong>of</strong><br />
the Code <strong>of</strong> Conduct:<br />
a) submitting an expense claim for unauthorized expenses<br />
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Confidentiality<br />
Every Municipal Council Member must hold in strict confidence all information <strong>of</strong><br />
a confidential nature acquired in the course <strong>of</strong> his or her term with the<br />
<strong>Municipality</strong>, subject to the provisions <strong>of</strong> the Municipal Act and MFIPPA.<br />
Without restricting the scope <strong>of</strong> this rule, the following shall be considered breaches <strong>of</strong><br />
the Code <strong>of</strong> Conduct:<br />
a) using confidential information which is not available to the general public<br />
and to which a Member <strong>of</strong> Council has access to by reason <strong>of</strong> his/her<br />
position with the <strong>Municipality</strong> to further his/her personal interests or the<br />
interests <strong>of</strong> others.<br />
b) disclosing to unauthorized persons confidential information to which the<br />
Member <strong>of</strong> Council has access to by reason <strong>of</strong> his/her position as a<br />
Member <strong>of</strong> Council with the <strong>Municipality</strong>.<br />
Public Comment<br />
In accordance with the <strong>Municipality</strong>’s Communications Policy, every member <strong>of</strong> Council<br />
shall display the reserve inherent in his/her position with the <strong>Municipality</strong> when publicly<br />
expressing his/her personal opinions on matters <strong>of</strong> political controversy or on existing or<br />
proposed municipal decisions, policies or administration.<br />
This policy is not intended to restrict the legitimate public comment <strong>of</strong> spokespersons <strong>of</strong><br />
Council nor the public comment <strong>of</strong> Council Members on matters <strong>of</strong> essentially a<br />
personal interest related to his/her position as a Council Member with the <strong>Municipality</strong> <strong>of</strong><br />
<strong>Lambton</strong> <strong>Shores</strong>.<br />
Without restricting the scope <strong>of</strong> this rule, the following shall be considered breaches <strong>of</strong><br />
the Code <strong>of</strong> Conduct:<br />
a) expressing publicly the Member <strong>of</strong> Council’s personal views on matters <strong>of</strong><br />
political controversy or on municipal policy or administration where to do<br />
so would damage the public’s confidence in that Member <strong>of</strong> Council’s<br />
ability to perform his/her <strong>of</strong>ficial duties with integrity and impartiality, or<br />
impair the ability <strong>of</strong> Municipal Council or Administration to carry out its or<br />
their functions.<br />
Communications and Media Relations<br />
Official information related to decisions and resolutions made by Council will normally<br />
be communicated in the first instance to the community and the media in an <strong>of</strong>ficial<br />
capacity by the Mayor or his/her designate.<br />
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Members <strong>of</strong> Council will accurately and adequately communicate the attitudes and<br />
decisions <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>’ Council, even if they disagree with a majority decision <strong>of</strong><br />
Council so that there is respect for the decision making processes <strong>of</strong> Council<br />
Non-Compliance<br />
A code <strong>of</strong> conduct is the means by which the <strong>Municipality</strong> can state expected<br />
performances and behaviors.<br />
Members <strong>of</strong> Council acknowledge that to be effective, members must willingly and<br />
voluntarily adhere to the Code <strong>of</strong> Conduct.<br />
Since a breach <strong>of</strong> conduct not only impacts an individual Member <strong>of</strong> Council but also<br />
reflects on the Municipal Corporation, it is necessary to include conflict resolution<br />
guidelines and processes to deal with alleged breaches.<br />
Where an alleged contravention <strong>of</strong> any provision <strong>of</strong> this Code <strong>of</strong> Conduct occurs, the<br />
following procedures will be adhered to:<br />
Informal Complaint Procedure<br />
Individuals or organizations who have identified or witnessed behavior or an activity by<br />
a Member <strong>of</strong> Council that they believe is in contravention <strong>of</strong> the Code <strong>of</strong> Conduct for<br />
Members <strong>of</strong> Council are encouraged to initially pursue an informal complaint procedure<br />
as a means <strong>of</strong> stopping and remedying the behavior or activity that is prohibited by the<br />
Code <strong>of</strong> Conduct.<br />
Addressing the prohibited behavior or activity informally would include:<br />
a) advising the Member <strong>of</strong> Council that the behavior or activity contravenes<br />
the Code <strong>of</strong> Conduct, and encouraging the Member to stop the prohibited<br />
behavior or activity;<br />
b) advising someone else (for example, another Member <strong>of</strong> Council) about<br />
the concern, the comments made to the Member <strong>of</strong> Council and the<br />
response <strong>of</strong> the Member <strong>of</strong> Council;<br />
c) keep a written record <strong>of</strong> the incidents including dates, times, locations,<br />
other persons present, and any other relevant information;<br />
Formal Complaint Procedure<br />
Individuals or organizations who have identified or witnessed a behavior or an activity<br />
by a Member <strong>of</strong> Council that they believe is in contravention <strong>of</strong> the Code <strong>of</strong> Conduct for<br />
Members <strong>of</strong> Council may request that the matter, or complaint be reviewed by Council.<br />
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Requests for Council to review a member’s actions shall:<br />
a) be in writing and shall be signed by the complainant(s).<br />
b) set out the alleged contravention and include a supporting information<br />
that includes evidence in support <strong>of</strong> the complaint, such as the name <strong>of</strong><br />
the alleged violator, the provision <strong>of</strong> the Code allegedly contravened, facts<br />
constituting the alleged contravention, the names and contact information<br />
<strong>of</strong> witnesses, and contact information respecting the complainant during<br />
normal business hours.<br />
Depending on the severity <strong>of</strong> the violations, the Council may institute any <strong>of</strong> the<br />
following measures;<br />
a) a reprimand<br />
b) suspension <strong>of</strong> the remuneration paid to the member in respect <strong>of</strong> his or<br />
her services as a member <strong>of</strong> Council or the local board, as the case may<br />
be, for a period <strong>of</strong> up to ninety (90) days, and / or,<br />
Integrity Commissioner Review Process<br />
If a decision on an alleged breach cannot be reached by the Council, in accordance with<br />
the provisions <strong>of</strong> the Municipal Act, Section 223.3(1), an Integrity Commissioner may be<br />
appointed by the <strong>Municipality</strong> who will be responsible for performing in an independent<br />
manner the functions assigned by the <strong>Municipality</strong> with respect to the application <strong>of</strong> the<br />
Code <strong>of</strong> Conduct for members <strong>of</strong> Council, and may be appointed to review the matter<br />
and make recommendation and / or a report to Council regarding the transgression.<br />
Complaints regarding alleged transgression <strong>of</strong> the Municipal Code <strong>of</strong> Conduct referred<br />
to the Integrity Commissioner shall be made in writing to the attention <strong>of</strong> the Municipal<br />
Clerk with specific details as to the alleged transgression, when / where it is purported<br />
to have occurred, and how the alleged transgression is in contravention <strong>of</strong> the Municipal<br />
Code <strong>of</strong> Conduct.<br />
<strong>The</strong> Municipal Clerk shall forward all written complaints to the <strong>Municipality</strong> appointed<br />
Integrity Officer for investigation and review. <strong>The</strong> Integrity Officer shall make<br />
recommendations and / or provide a report to Council regarding the alleged<br />
transgression for Council’s consideration. Council shall render a decision regarding the<br />
Integrity Officer’s recommendation(s). <strong>The</strong> decision regarding implementation <strong>of</strong> any<br />
recommended action by the Integrity Officer is at the sole discretion <strong>of</strong> Council with a<br />
simple majority vote in accordance with the Procedural bylaw and said decision shall be<br />
final.<br />
If, when conducting an inquiry, it is determined that there are reasonable grounds to<br />
believe that there has been a contravention <strong>of</strong> any other Act or <strong>of</strong> the Criminal Code<br />
(Canada), the Commissioner shall immediately refer the matter to the appropriate<br />
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authorities and suspend the inquiry until any resulting police investigation and charge<br />
have been finally disposed <strong>of</strong>, and shall report the suspension to council.<br />
All matters regarding allegations <strong>of</strong> transgression <strong>of</strong> the Municipal Code <strong>of</strong> Conduct<br />
shall be subject to the provisions <strong>of</strong> Section 239 <strong>of</strong> the Municipal Act and direction shall<br />
be reported out in open Committee or Council as appropriate.<br />
CODE OF CONDUCT – COMPLAINT PROTOCOL DURING AN ELECTION YEAR<br />
In any given election year, there is an increased opportunity for politically motivated<br />
grievances. For the purposes <strong>of</strong> this policy and to ensure equity for all candidates<br />
running for <strong>of</strong>fice, where an incumbent is the subject <strong>of</strong> a complaint allegation filed<br />
between June 1st to September 1st <strong>of</strong> an election year, and where any allegations<br />
found to have substance, the report on the situation must be reported to Council prior to<br />
September 1st. Where it is not able to complete his investigation and report out on the<br />
matter prior to September 1st, investigation procedure will continue, but no action or<br />
reporting on the allegations shall be undertaken until the New Council is sworn in.<br />
I ___________________, agree to abide by the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong>’ Code<br />
<strong>of</strong> Conduct.<br />
Dated this __________ <strong>of</strong> ____________, 20_____.<br />
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SCHEDULE “B”<br />
ROLES AND RESPONSIBILITIES FOR MEMBERS OF COUNCIL<br />
POLICY<br />
<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> recognizes that defining clear operational and<br />
strategic roles for Council is an essential management practice.<br />
ROLE OF THE HEAD OF COUNCIL<br />
In addition to his/her role as a member <strong>of</strong> the Council, the role <strong>of</strong> the head <strong>of</strong> council<br />
includes leadership, communication, and representative roles.<br />
<strong>The</strong> Head <strong>of</strong> Council will:<br />
a) act as the municipality's chief executive <strong>of</strong>ficer;<br />
b) preside over council meetings such that business is carried out both<br />
efficiently and effectively;<br />
c) provide leadership to the council;<br />
d) provide information/recommendations to council on policies, practices,<br />
procedures, to ensure transparency and accountability; and<br />
e) represent the municipality at <strong>of</strong>ficial functions<br />
As chief executive <strong>of</strong>ficer <strong>of</strong> the municipality, the head <strong>of</strong> council has special<br />
responsibilities, which are set out in section 226.1 <strong>of</strong> the Municipal Act, 2001:<br />
As chief executive <strong>of</strong>ficer <strong>of</strong> a municipality, the head <strong>of</strong> council shall,<br />
a) uphold and promote the purposes <strong>of</strong> the municipality<br />
b) promote public involvement in the municipality’s activities<br />
c) act as the representative <strong>of</strong> the municipality both within and outside<br />
the municipality, and promote the municipality locally, nationally and<br />
internationally and<br />
d) participate in and foster activities that enhance the economic, social and<br />
environmental well-being <strong>of</strong> the municipality and its residents.”<br />
ROLE OF COUNCIL<br />
Key Roles or Functions <strong>of</strong> Council<br />
Members <strong>of</strong> Council shall endeavor to conduct the decision-making process and<br />
undertake Council business in a transparent, accountable and equitable manner,<br />
recognizing that the public has a right to open government, participatory decisionmaking<br />
and reasonable access to information on how decisions are made.<br />
Council Members recognize that their mandate incorporates;<br />
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a) fairly representing the diversity <strong>of</strong> community views when developing an<br />
overall strategy for the future <strong>of</strong> our <strong>Municipality</strong><br />
b) setting objectives and determining strategies to achieve Council's<br />
Corporate objectives in a Strategic Plan<br />
c) achieving sound financial management, planning and accountability<br />
d) being aware <strong>of</strong> and conversant with the statutory obligations imposed on<br />
Council as a whole, as well as each individual Member <strong>of</strong> Council<br />
<strong>The</strong> key roles <strong>of</strong> Council members include:<br />
1. Establish and evaluate policies and programs that define the strategic priorities to<br />
be achieved, the parameters within which the CAO and staff are to operate,<br />
Council – Staff relations, and Council processes.<br />
2. Determine which services the municipality shall provide, and ensure that high<br />
quality municipal services and programs are provided in a cost-effective manner<br />
3. Balance the diverse values, aspirations, priorities and competing interests <strong>of</strong> the<br />
community.<br />
4. Market and promote the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> as “Naturally, the best<br />
place to thrive - a great place to live, visit, work and play”<br />
5. Ensure that administrative and controllership policies, practices and procedures<br />
are in place to implement the decisions <strong>of</strong> Council.<br />
6. Maintain the financial integrity <strong>of</strong> the <strong>Municipality</strong>.<br />
7. Carry out the duties <strong>of</strong> Council as defined in the Municipal Act or any other Act.<br />
8. Give appropriate consideration to legislated requirements and recommendations<br />
<strong>of</strong> staff.<br />
9. Act in a reasonable, just and non discriminatory manner regarding all aspects <strong>of</strong><br />
carrying out their roles and responsibilities as Council Member.<br />
10 Act in good faith and not for improper or ulterior motives.<br />
11. Behave in a manner that maintains and enhances the image <strong>of</strong> our Council and<br />
does not reflect adversely on the Council or the <strong>Municipality</strong>.<br />
12 Follow guidelines as to the appropriateness <strong>of</strong> the acceptance <strong>of</strong> gifts and<br />
gratuities.<br />
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13. Be impartial in reaching Council decisions and acceptance <strong>of</strong> the responsibility<br />
associated with that decision.<br />
14. Be honest and claim reasonable and fair reimbursement <strong>of</strong> expenses and usage<br />
<strong>of</strong> Council equipment for <strong>of</strong>ficial purposes.<br />
15. Use information in an appropriate and proper manner, balancing the interests <strong>of</strong><br />
the community against the rights <strong>of</strong> the individual.<br />
16. Attend and participate in Council meetings, apologizing or obtaining a leave <strong>of</strong><br />
absence in advance for non attendance.<br />
17. Giver proper consideration <strong>of</strong> the business <strong>of</strong> the Council and be informed on<br />
the matters for decision.<br />
18. Give fair and equitable treatment <strong>of</strong> all matters under consideration.<br />
19. Respect decisions <strong>of</strong> the Council.<br />
20. Carefully consider the allocation <strong>of</strong> resources and expenditures.<br />
Key Expectations <strong>of</strong> Council Members:<br />
Members shall<br />
1. Be courteous and demonstrate sensitive behavior that does not discriminate<br />
against people.<br />
2. Be aware and disclose <strong>of</strong> any situation that may create a tension between public<br />
and private roles.<br />
3. Show respect for electors opinions and property.<br />
4. Prevent the misuse <strong>of</strong> his or her position to gain an advantage for themselves or<br />
others.<br />
5. Recognize that an individual Council Member has no authority to make<br />
decisions, direct staff or commit Council resources.<br />
When representing the Council in the Community, Council will:<br />
1. Provide an accurate and fair representation <strong>of</strong> Council decisions.<br />
2. Recognize that Council Members have a duty to respect Council decisions and<br />
policy directions.<br />
249
3. Conduct themselves in a manner that will not reflect unfavorably on the Council.<br />
4. Maintain mature and constructive working relationships based on mutual trust<br />
and respect.<br />
5. Conduct relationships with courtesy and respect.<br />
6. Accept and respect their different but complementary roles.<br />
Council's objectives concerning or when dealing with employees; Council will:<br />
1. Demonstrate respect for employees' pr<strong>of</strong>essional role, responsibilities, opinions<br />
and expertise.<br />
2. Have an agreed communication process.<br />
3. Prevent the misuse <strong>of</strong> their position to influence employees to gain an advantage<br />
for themselves or others.<br />
Members will establish a working relationship with fellow Members that<br />
recognizes and respects the diversity <strong>of</strong> opinion and achieves the best possible<br />
outcomes for the community, and shall:<br />
1. Conduct the working relationship with courtesy and respect.<br />
2. Maintain a behaviour that seeks to establish mature and constructive working<br />
relationships.<br />
3. Ensure the right for all points <strong>of</strong> view to be heard.<br />
4. Not use information obtained by a Member as a result <strong>of</strong> his or her role for any<br />
purpose other than Council business.<br />
5. Follow Council approved guidelines for the making <strong>of</strong> public statements on behalf<br />
<strong>of</strong> the Council.<br />
6. Recognize that in his/her relationship with the media, the Member will clearly<br />
state that he/she is putting forward personal views and not those <strong>of</strong> the Council<br />
unless the individual has been specifically authorized by the Council to convey a<br />
particular position to the media.<br />
7. Respect and maintain confidentiality.<br />
8. Ensure that information obtained by a Member <strong>of</strong> Council in the course <strong>of</strong> his or<br />
her duties is respected and used in a careful and prudent manner.<br />
250
COUNCIL TEAM VISION<br />
<strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> serves the community through the provision<br />
<strong>of</strong> effective, responsible, and visionary leadership. <strong>The</strong> Council will:<br />
1. Focus on achieving a common vision and goals for the <strong>Municipality</strong>;<br />
2. Make sound, effective, and timely decisions based upon objective data and after<br />
open debate <strong>of</strong> issues;<br />
3. Develop and maintain a climate where integrity, mutual support, trust, and<br />
pr<strong>of</strong>essionalism are valued;<br />
4. Utilize the diverse knowledge, expertise and talents <strong>of</strong> all Council Members to<br />
optimal advantage;<br />
5. Conduct its activities in an orderly, pr<strong>of</strong>essional and businesslike manner;<br />
6. Benefit from strong and effective leadership from the Mayor and individual<br />
Council Members;<br />
7. Value collegiality, teamwork and a sense <strong>of</strong> humour;<br />
8. Enjoy the benefits <strong>of</strong> effective communication and open sharing <strong>of</strong> information<br />
among its members;<br />
9. Balance effective diverse values, aspirations and competing interests within the<br />
community; and work effectively in partnership with a capable executive and staff<br />
to provide excellent service to residents and customers.<br />
COUNCIL MEMBER COMMITMENTS<br />
Priority Setting and Decision-making<br />
Council Members will use rational, objective decision-making processes that are<br />
supported by appropriate research <strong>of</strong> options, administrative recommendations, external<br />
resources, if required, and a thorough review <strong>of</strong> implications.<br />
Decisions will be made in a timely fashion with due consideration being given to the<br />
impact <strong>of</strong> the decision on individual wards as well as the <strong>Municipality</strong> as a whole.<br />
Diverse opinions, views, and creative ideas will be considered and evaluated as part <strong>of</strong><br />
the decision-making process.<br />
Council will utilize a strategic management approach to set directions for the<br />
municipality. This will involve:<br />
251
1. Environmental scanning to identify major internal and external issues and<br />
developments likely to impact the municipality’s operating environment;<br />
2. Encouraging public, community and staff input processes to identify emerging<br />
issues and concerns;<br />
3. Annual Council/Senior Management planning sessions to establish strategic<br />
priorities and related key results and strategies;<br />
4. Development <strong>of</strong> a strategic plan and the allocation <strong>of</strong> resources to support its<br />
implementation;<br />
5. Ongoing monitoring <strong>of</strong> implementation to ensure continued relevance and make<br />
mid-course corrections as a result <strong>of</strong> unforeseen circumstances;<br />
6. Assessment <strong>of</strong> progress made against established key results or performance<br />
measures.<br />
COUNCIL MEMBER RELATIONSHIPS – RESOLVING CONFLICTS<br />
Council Members will make reasonable attempts to build consensus on issues,<br />
and failing that they will respect the majority vote <strong>of</strong> Council<br />
Resolution <strong>of</strong> conflicts and disagreements will include an assessment <strong>of</strong> the objectives<br />
to be achieved, open discussion <strong>of</strong> diverse views, additional research and pr<strong>of</strong>essional<br />
advice as appropriate and a focus on doing what is in the best interests <strong>of</strong> the<br />
municipality.<br />
In order to minimize, and resolve conflicts, Council members shall:<br />
1. Deal with conflicts in a timely and issues focused manner<br />
2. Respect each others’ time and honour commitments made.<br />
3. Allow all viewpoints to be presented, in accordance with the Procedural By-law<br />
requirements.<br />
4. Have equal access to available information relevant to the issue or decision.<br />
5. Embrace/encourage constructive disagreement and discussion while<br />
avoiding/discouraging destructive conflict.<br />
252
RELATIONSHIPS WITH ADMINISTRATION AND STAFF<br />
Council members will respect the policy development role <strong>of</strong> Council and<br />
operational/implementation role <strong>of</strong> Administration.<br />
Council members will<br />
1. Not attempt to direct the activities <strong>of</strong> staff or departments except through<br />
established channels <strong>of</strong> authority.<br />
2. Direct any criticisms <strong>of</strong> staff through the Chief Administrative Officer and refrain<br />
from criticizing staff in public or to the media.<br />
MONITORING COUNCIL EFFECTIVENESS<br />
Council will review its performance periodically in relation to its Council team<br />
vision and commitments, and will measure its success against pre-established<br />
indicators which include considering:<br />
1. Customer satisfaction with municipal services and programs;<br />
2. <strong>The</strong> ability to resolve emerging issues and challenges;<br />
3. <strong>The</strong> quality <strong>of</strong> fiscal stewardship as measured by adherence to financial plans<br />
and targets; economic development and growth statistics;<br />
4. How Council and the <strong>Municipality</strong> are perceived by business, development<br />
industry, residents, and other levels <strong>of</strong> government;<br />
5. <strong>The</strong> ability to influence policy decisions through effective representation on<br />
important regional and provincial committees, institutions, leadership initiatives;<br />
6. Comparison <strong>of</strong> municipal performance with other municipalities on key<br />
benchmarks.<br />
253
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />
BY-LAW NUMBER 15 <strong>of</strong> 2013<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 January 28, 2013<br />
WHEREAS:<br />
It has been expedient that from time to time, the Council <strong>of</strong> the<br />
Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> should act by<br />
resolution <strong>of</strong> Council;<br />
AND WHEREAS:<br />
It is deemed advisable that all such actions that have been adopted by<br />
a resolution <strong>of</strong> the Council be authorized by By-law;<br />
THEREFORE:<br />
<strong>The</strong> Council <strong>of</strong> the Corporation <strong>of</strong> the <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
enacts as follows;<br />
THAT all actions <strong>of</strong> Council which have been authorized by a resolution <strong>of</strong> the Council and<br />
adopted in open Council and accepted by Council up to and including January 28, 2013 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<br />
January 28, 2013<br />
_________________________<br />
MAYOR – Bill Weber<br />
_________________________<br />
CLERK – Carol McKenzie<br />
254
THE MUNICIPALITY OF LAMBTON SHORES<br />
TR Report No. 11-2013 Wednesday, January 16, 2013<br />
TO:<br />
FROM:<br />
RE:<br />
Mayor Weber and Members <strong>of</strong> Council<br />
Janet Ferguson, Treasurer<br />
December, 2012 Cheque Listing<br />
RECOMMENDATION:<br />
That the Municipal cheque listing for the month <strong>of</strong><br />
December, 2012 in the amount <strong>of</strong> $4,401,379.73 be<br />
accepted as presented.<br />
REPORT<br />
This report accompanies the <strong>Lambton</strong> <strong>Shores</strong> December 2012 cheque listing in the<br />
amount <strong>of</strong> $4,401,379.73. <strong>The</strong> payments included here are for 2012 expenses;<br />
however, there will be more expenses to come that will affect our financial position for<br />
2012. All expenses are reviewed and approved by the staff and Management prior to<br />
payment being made.<br />
This listing is higher than a typical month for expenses. <strong>The</strong> final quarter payment to<br />
the School Board’s and County in the combined amount <strong>of</strong> $3,327,134.59 make up the<br />
largest component <strong>of</strong> this listings amount with some <strong>of</strong> the smaller capital costs for the<br />
coverall and boom mower as well as drain maintenance.<br />
If there are any specific questions, myself or the pertinent Department Head would be<br />
pleased to clarify it for you.<br />
Respectfully submitted,<br />
Janet Ferguson,<br />
Treasurer<br />
255
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
December Cheque Register<br />
2012<br />
DATE CHQ # VENDOR DESCRIPTION AMOUNT<br />
12/6/2012 35999 JACQUELINE DOLAN PFCC cleaning - November $472.50<br />
12/6/2012 36000 RUSS FISHER Building repair - Forest FD $3,277.00<br />
12/6/2012 36001 FOREST FIRE DEPARTMENT ASSOCIATeam building $1,000.00<br />
12/6/2012 36002 BILL HAY Vehicle mtce - CS $192.10<br />
12/6/2012 36003 HELEN HAYTER NV Office cleaning - November $300.00<br />
12/6/2012 36004 MR. STEVE LUPA Final inspection security bond refund $250.00<br />
12/6/2012 36005 THE MEARIE GROUP Regular monthly remittance $434.21<br />
12/6/2012 36006 MINISTRY OF FINANCE Regular payroll remittance $11,504.14<br />
12/6/2012 36007 MRS. NANCY MOORE Final inspection security bond refund $250.00<br />
12/6/2012 36008 MR. FRANK MOORE Final inspection security bond refund $1,750.00<br />
12/6/2012 36009 ONTARIO ONE CALL LTD Refund payment made in error $817.37<br />
12/6/2012 36010 PETTY CASH/ROBERTA BRANDON Replenish pettycash - Forest Office $191.55<br />
12/6/2012 36011 WAYNE STUBBS Nov wtr mtr reads & Dec retainer $1,695.45<br />
12/6/2012 36012 DON WELTEN Building inspections $420.00<br />
12/6/2012 36013 RON HUXLEY Cheifs meeting meals & mileage - NV FD $154.44<br />
12/6/2012 36014 S.M.HEWITT (SARNIA) LIMITED Brokerage & GST on supplies - CS $162.01<br />
12/6/2012 36015 CAROLINIAN CONSTRUCTION LTD Final inspection security bond refund $250.00<br />
12/6/2012 36016 DAVID MCLEAN Supplies & meeting mileage & meals- Forest FD $296.31<br />
12/6/2012 36017 MUNICIPAL IT SERVICES IT,LAN, equipment $3,352.71<br />
12/6/2012 36018 PITNEY WORKS Postage - all <strong>of</strong>fices $3,390.00<br />
12/6/2012 36019 VICKI SHEPPARD Forest & GB Office cleaning $260.00<br />
12/6/2012 36020 C.U.P.E. Regular monthly remittance $936.02<br />
12/6/2012 36021 MOORE THOMAS DAVID Return engineering deposit $1,000.00<br />
12/6/2012 36022 BILL WEBER Meeting mileage $84.70<br />
12/6/2012 36023 VOID<br />
12/6/2012 36024 BRENT KITTMER Expense report - Oct/Nov $530.99<br />
12/12/2012 36025 SCOTT ALLEN Training - GB FD $180.00<br />
12/12/2012 36026 ALPAUGH'S MEMORIALS Heritage plaques $711.90<br />
12/12/2012 36027 AMEC EARTH & ENVIRONMENTAL LIMSkateboard park & Morris Street $1,111.01<br />
12/12/2012 36028 BEDELL'S FROZEN FOODS LTD. Canteen supplies - <strong>The</strong>dford arena $541.81<br />
12/12/2012 36029 HEATHER BLACKBURN Final inspection security bond refund $250.00<br />
12/12/2012 36030 BLUEWATER RECYCLING ASSOC November co-collection $23,883.91<br />
12/12/2012 36031 ALDA BONGERS Training & meeting mileage - Sept - November $141.43<br />
12/12/2012 36032 MKC BOOGEMANS CONSTRUCTION Equipment rental - CS $565.00<br />
12/12/2012 36033 SANDRA BROWN Refund utility account refund $70.84<br />
12/12/2012 36034 CANADIAN TIRE CORPORATION Supplies - CS $369.77<br />
12/12/2012 36035 CANADIAN SAFETY EQUIPMENT LTD.Supplies - GB FD $1,314.19<br />
12/12/2012 36036 BARRY R CARD GBSTP, Zoning appeal, general legal fees $4,686.68<br />
12/12/2012 36037 CIBC Visa - all managers $4,277.21<br />
12/12/2012 36038 CINTAS, THE UNIFORM PEOPLE Uniforms & supplies $3,942.54<br />
12/12/2012 36039 CLAUSSEN FARMS CUSTOM FARMINGAsphalt - Walker Rd $2,926.25<br />
12/12/2012 36040 CODE 4 FIRE & RESCUE INC. Supplies - <strong>The</strong>dford FD $2,587.70<br />
12/12/2012 36041 COLVOY ENTERPRISES 2012 LTD. Boom mower $23,529.99<br />
12/12/2012 36042 MRS. CYNTHIA COOK Heritage plaque rebate $100.00<br />
12/12/2012 36043 CORPORATE EXPRESS CANADA INC.Office supplies - all <strong>of</strong>fices $517.11<br />
12/12/2012 36044 COUNTRY ROAD GRAPHICS Living in <strong>Lambton</strong> <strong>Shores</strong> promotional supplies $293.80<br />
12/12/2012 36045 CRAWFORD SECURITY N. By-Law contract $3,646.44<br />
12/12/2012 36046 CROUCHER CHRISTINE Refund tax account overpayment $1,733.73<br />
12/12/2012 36047 C.T. ENVIRONMENTAL LTD. Flushing - River Rd $1,299.50<br />
12/12/2012 36048 DAMAR SECURITY SYSTEMS Security system monitoring - Legacy $283.91<br />
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<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
December Cheque Register<br />
2012<br />
DATE CHQ # VENDOR DESCRIPTION AMOUNT<br />
12/12/2012 36049 DANICKS DATA SYSTEMS Supplies - Forest <strong>of</strong>fice $220.34<br />
12/12/2012 36050 DASHWOOD LOCK AND KEY Lock services - Forest arena $998.92<br />
12/12/2012 36051 BILL DAVIES Drain maintenance $680.00<br />
12/12/2012 36052 DAVE MOORE FUELS Fuel - CS $8,702.06<br />
12/12/2012 36053 DON DEW Chief meetings, mileage & meals - <strong>The</strong>d FD $254.79<br />
12/12/2012 36054 DUDMAN LIMITED Fuel, furnace oil, propane - CS $1,695.78<br />
12/12/2012 36055 EVANS UTILITY SUPPLY North area meter changeout $21,587.53<br />
12/12/2012 36056 FIRE SAFETY CANADA Supplies - Forest FD $196.14<br />
12/12/2012 36057 FLUENT GROUP CONSULTING ENGINE Legacy - M & V, LEED $4,576.50<br />
12/12/2012 36058 FOREST AUTOMOTIVE & SPORTS LTDVehicle mtce supplies - CS $710.78<br />
12/12/2012 36059 FOUR SEASONS SUNROOMS Final inspection security bond refund $250.00<br />
12/12/2012 36060 GEORGIAN COLLEGE, ACCOUNTING DTraining - Forest FD $1,088.19<br />
12/12/2012 36062 HOME HARDWARE BUILDING CENTREMaterials & supplies - CS $475.40<br />
12/12/2012 36063 GRAND BEND RONA Materials & supplies - CS $187.94<br />
12/12/2012 36064 TERRY GUEST Final inspection security bond refund $250.00<br />
12/12/2012 36065 HAYTER-WALDEN PUBLICATIONS November advertising $1,119.80<br />
12/12/2012 36066 HOLLAND CLEANING SOLUTIONS LTDFacility/cleaning supplies $4,631.07<br />
12/12/2012 36067 HURONIA WELDING & INDUSTRIAL SSupplies - GB FD $99.44<br />
12/12/2012 36068 IDEAL SUPPLY COMPANY LTD Lighting supplies - CS $1,355.10<br />
12/12/2012 36069 INGERSOLL RAND Air compressor $12,486.50<br />
12/12/2012 36070 JEFF STRUYF Grass cutting (reimbursed) $180.80<br />
12/12/2012 36071 JOHNSTON BROS. (BOTHWELL) LTD Gravel $10,151.43<br />
12/12/2012 36072 DAVE KACZMARCZYK Training mileage - Forest FD $186.48<br />
12/12/2012 36073 KAN FUELS Fuel - CS & <strong>The</strong>d FD $270.40<br />
12/12/2012 36074 MS. ERIKA LACEY Final inspection security bond refund $250.00<br />
12/12/2012 36075 LAMBTON KENT DISTRICT SCH. BD. GBCC security & custodial - October $890.07<br />
12/12/2012 36076 MRS. PAULA LEYTEN Final inspection security bond refund $250.00<br />
12/12/2012 36077 DAREK MALEC Refund water meter $237.04<br />
12/12/2012 36078 KEVIN MAW Supplies - CS $192.11<br />
12/12/2012 36079 MCCANN REDI-MIX INC Supplies - CS $379.68<br />
12/12/2012 36080 TODD MELLIN Training & mileage - GB FD $390.90<br />
12/12/2012 36081 MINISTER OF FINANCE Regulated remittance $488.23<br />
12/12/2012 36082 OMERS Regular monthly remittance $47,408.60<br />
12/12/2012 36083 OMI CANADA INC. Dec agreement & catchup,out <strong>of</strong> scope-Aug/Sep $159,479.91<br />
12/12/2012 36084 PATCHES & LABELS CO. Supplies - GB & Forest FD's $1,002.88<br />
12/12/2012 36085 PITNEY WORKS Office supplies - GB $143.32<br />
12/12/2012 36086 BRUCE POLAND & SONS TRUCKINGEquipment rental - CS $3,337.43<br />
12/12/2012 36087 PRAXAIR Supplies - CS $167.46<br />
12/12/2012 36088 PROUTS BUILDING CENTRE Materials & supplies - CS & Forest FD $750.09<br />
12/12/2012 36089 RAWLINGS AUSABLE BRIDGE INC. Vehicle safety & repairs - CS $2,276.69<br />
12/12/2012 36090 REALTAX INC Tax sale proceedings $1,418.15<br />
12/12/2012 36091 RECEIVER GENERAL Regular payroll remittance $24,112.49<br />
12/12/2012 36092 RECEIVER GENERAL FOR CANADA Radio licence $76.00<br />
12/12/2012 36093 RILEY MANUFACTURING Supplies - <strong>Shores</strong> arena $1,282.55<br />
12/12/2012 36094 SEA JEWELS TRADING COMPANY LTDFinal inspection security bond refund $250.00<br />
12/12/2012 36095 ROSANNE SITLINGTON Heritage plaque rebate $100.00<br />
12/12/2012 36096 SPRIET ASSOCIATES Morris Street & Sercombe Drain $25,627.75<br />
12/12/2012 36097 STEEPLEJACK SERVICES Equipment rental - CS $1,299.50<br />
12/12/2012 36098 STEWART OVERHEAD DOORS Building repair - NV $233.35<br />
12/12/2012 36099 STONETOWN SUPPLY SERVICES INCFacility/cleaning supplies $337.55<br />
Page 2 <strong>of</strong> 4 257
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
December Cheque Register<br />
2012<br />
DATE CHQ # VENDOR DESCRIPTION AMOUNT<br />
12/12/2012 36100 STRICTLY SUNROOMS Final inspection security bond refund $250.00<br />
12/12/2012 36101 SUNMEDIA November advertising $1,542.68<br />
12/12/2012 36102 SWISH MAINTENANCE LIMITED Facility/cleaning supplies $317.02<br />
12/12/2012 36103 UTC FIRE & SECURITY CANADA Sprinkler sys & security sys inspection - <strong>Shores</strong> $1,638.50<br />
12/12/2012 36104 MIKE & CONNIE VAN ENGELEN Refund road bond deposit $2,000.00<br />
12/12/2012 36105 VANGORP WELDING & FABRICATINGEquipment repair - CS $1,646.17<br />
12/12/2012 36106 DON WELTEN Building inspections $420.00<br />
12/12/2012 36107 WESTBURNE/RUDDY Supplies - CS $361.37<br />
12/12/2012 36108 GRACE WOODLEY Refund rental damage deposit $206.00<br />
12/12/2012 36109 WOODWARD'S SERVICE CENTRE Supplies - CS & Forest FD $214.90<br />
12/12/2012 36110 WSIB Regular monthly remittance $7,399.33<br />
12/12/2012 36111 ZAVITZ GENERAL STORE Supplies - CS $597.57<br />
12/12/2012 36112 MIKE HERRINGTON Meeting & mileage - <strong>The</strong>dford FD $206.61<br />
12/12/2012 36113 LAKESIDE MAINTENANCE & EXCAVATFloor drain - Forest FD $3,729.00<br />
12/12/2012 36114 SCOTIABANK Refund tax account overpayment $369.00<br />
12/12/2012 36115 MINISTER OF FINANCE Regulated remittance $300.34<br />
12/12/2012 36116 COLLEEN GIBSON Heritage plaque rebate $100.00<br />
12/12/2012 36117 COUNTY OF LAMBTON Final Levy $2,105,059.77<br />
12/12/2012 36118 ST CLAIR CATHOLIC DISTRICT S.B Final Levy $214,469.73<br />
12/12/2012 36119 CONSEIL SCOLAIRE DE DISTRICT Final Levy $15,024.25<br />
12/12/2012 36120 LAMBTON KENT DISTRICT SCH. BD. Final Levy $989,453.31<br />
12/12/2012 36121 CONSEIL SCOLAIRE VIAMONDE Final Levy $3,127.53<br />
12/18/2012 36122 BILL GORDON COA remuneration $400.00<br />
12/18/2012 36123 MALCOLM GILPIN COA remuneration $500.00<br />
12/18/2012 36124 DIANE HALES COA remuneration $500.00<br />
12/18/2012 36125 DON BURR COA remuneration $500.00<br />
12/18/2012 36126 DON BROOKS COA remuneration $500.00<br />
12/18/2012 36127 STEVE ROBINSON COA remuneration $400.00<br />
12/20/2012 36128 A B C RECREATION LTD Arkona splashpad $1,096.48<br />
12/20/2012 36129 ALL SEASON TROPHIES AND SIGNS Plaques $316.34<br />
12/20/2012 36130 SCOTT ALLEN Training - GB FD $312.00<br />
12/20/2012 36131 ARKONA ORCHARDS INC Final inspection security bond refund $1,750.00<br />
12/20/2012 36132 B.M. ROSS & ASSOCIATES LTD Watermain mapping, Forest garage, LS wtr sys $3,558.37<br />
12/20/2012 36133 GLENN C BELL S. By-Law contract $5,000.00<br />
12/20/2012 36134 BLUEWATER RECYCLING ASSOC OCC & wastelifts - Nov $1,798.80<br />
12/20/2012 36135 DEREK BOYD Training - Forest FD $87.14<br />
12/20/2012 36136 JOHN BYRNE Expense report - November $311.00<br />
12/20/2012 36137 CAN FUELS Fuel - Arkona FD $153.01<br />
12/20/2012 36138 BRAD CLARK Training - <strong>The</strong>d FD $90.00<br />
12/20/2012 36139 COUNTRY MARKET Fuel - GB FD $300.39<br />
12/20/2012 36140 CRAWFORD SECURITY N. By-Law contract $3,646.44<br />
12/20/2012 36141 DONNELLY MURPHY - LAWYERS PC Legal fees $1,413.19<br />
12/20/2012 36142 TYLER FAULDS Replacement pay $697.04<br />
12/20/2012 36143 HAY MUTUAL INS. GB Sewer Collection System debenture $478.13<br />
12/20/2012 36144 J & L HENDERSON LIMITED Drain maintenance $99,102.62<br />
12/20/2012 36145 BRENT KITTMER Expense report - December $832.35<br />
12/20/2012 36146 LAMBTON GROUP POLICE SERVICESRegular monthly remittance $277,451.92<br />
12/20/2012 36147 LAMBTON AREA WATER SUPPLY SYSRegular monthly remittance $10,792.85<br />
12/20/2012 36148 LAMBTON ELDERLY OUTREACH Transportation to accessibility meeting $8.00<br />
12/20/2012 36149 M & M EMBROIDERY & DESIGNS Uniforms - CS $169.50<br />
Page 3 <strong>of</strong> 4 258
<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong><br />
December Cheque Register<br />
2012<br />
DATE CHQ # VENDOR DESCRIPTION AMOUNT<br />
12/20/2012 36150 WALT MICHIELSENS CIB $896.09<br />
12/20/2012 36151 M & L SUPPLY Equipment & supplies - Forest & <strong>The</strong>d FD's $4,770.04<br />
12/20/2012 36152 JOEL MOLOY LTD Drain maintenance $1,017.00<br />
12/20/2012 36153 NELLA CUTLERY (HAMILTON) INC. Equipment mtce - CS $40.68<br />
12/20/2012 36154 NORTHVILLE FIRE FIGHTERS ASSOCTeam building - NV FD $390.00<br />
12/20/2012 36155 ORKIN CANADA Pest control $457.65<br />
12/20/2012 36156 MR. LAVERNE PEMBLETON Final inspection security bond refund $250.00<br />
12/20/2012 36157 DOUG ROGERS Final inspection security bond refund $250.00<br />
12/20/2012 36158 MR. TERRANCE ROMPHF Final inspection security bond refund $250.00<br />
12/20/2012 36159 VICKI SHEPPARD GB & Forest <strong>of</strong>fice cleaning $260.00<br />
12/20/2012 36160 BRAD SMITH Meeting mileage - NV FD $135.42<br />
12/20/2012 36161 MR. JAMIE SMITH Final inspection security bond refund $250.00<br />
12/20/2012 36162 MYCHAL SOETEMANS Training - Forest FD $106.00<br />
12/20/2012 36163 ST CLAIR REGION CONSERVATION Special Levy - Eslie Dodge $600.00<br />
12/20/2012 36164 WAYNE STUBBS GB new meter reads & internet - July - Dec $484.53<br />
12/20/2012 36165 TOWN OF PETROLIA Training - Forest FD $1,500.00<br />
12/20/2012 36166 TRI- COUNTY TREE SERVICE Tree removals $6,723.50<br />
12/20/2012 36167 UNIFORM UNIFORMS Uniforms - Forest & GB FD's $4,345.30<br />
12/20/2012 36168 GERALD VAN GRINSVEN Training - Forest FD $122.66<br />
12/20/2012 36169 DON WELTEN Mileage - Building inspector $28.86<br />
12/20/2012 36170 MECHANICAL ADVERTISING Signs $599.58<br />
12/20/2012 36171 STEVEN BELL Work boot allowance $203.39<br />
12/20/2012 36172 BLUEWATER FORD SALES LTD Vehicle mtce - PW & Bldg dept $182.73<br />
12/20/2012 36173 STAN KWARCIAK JR. Drainage commissioner 2012 $750.00<br />
12/20/2012 36174 TESSI BIG DIESEL Vehicle service - CS $954.62<br />
12/20/2012 36175 SEV CON PAVING Coverall $46,448.65<br />
12/20/2012 36176 MUNICIPAL IT SERVICES IT, Lan, equipment $3,102.98<br />
12/21/2012 36177 JERRY VANBRUAENE Meetings & mileage - GB FD $125.28<br />
12/21/2012 36178 MUNICIPAL WORLD INC Subscription renewals $825.80<br />
12/31/2012 36179 RECEIVER GENERAL Regular payroll remittance $27,679.78<br />
12/31/2012 36180 CONFIDENTIAL Confidential $1,500.00<br />
12/31/2012 36181 CONFIDENTIAL Confidential $6,400.00<br />
12/31/2012 PAP EASTLINK PRE-AUTHORIZED PAYMENTS $628.39<br />
12/31/2012 PAP EXECULINK TELECOM PRE-AUTHORIZED PAYMENTS $1,769.14<br />
12/31/2012 PAP HAY COMMUNICATIONS PRE-AUTHORIZED PAYMENTS $1,060.90<br />
12/31/2012 PAP HYDRO ONE NETWORKS PRE-AUTHORIZED PAYMENTS $51,917.08<br />
12/31/2012 PAP RBC (Paytickets) PRE-AUTHORIZED PAYMENTS $10.17<br />
12/31/2012 PAP RELIANCE HOME COMFORT PRE-AUTHORIZED PAYMENTS $133.68<br />
12/31/2012 PAP ROGERS AT & T PRE-AUTHORIZED PAYMENTS $1,574.83<br />
12/31/2012 PAP SSQ PRE-AUTHORIZED PAYMENTS $8,062.07<br />
12/31/2012 PAP UNION GAS PRE-AUTHORIZED PAYMENTS $7,300.92<br />
TOTAL $4,401,379.73<br />
Page 4 <strong>of</strong> 4 259
Notice <strong>of</strong> Motion: Wednesday, January 23, 2013<br />
Moved by:<br />
Deputy Mayor Davis-Dagg<br />
Seconded by:<br />
MOVED that staff provide a full accounting <strong>of</strong> the $1.56 million expenditure for<br />
engineering services in relation to the (1) Master Plan; (2) EAs; and (3) Grand Bend<br />
Sewage Treatment Facility by the end <strong>of</strong> February. This report will include, but is not<br />
limited to, the following information:<br />
<br />
<br />
<br />
<br />
Date <strong>of</strong> payment;<br />
Recipient;<br />
Amount paid; and<br />
Purpose <strong>of</strong> the payment in sufficient detail to distinguish it from other payments.<br />
If payment is made for more than one item on a cheque, the division <strong>of</strong> the<br />
money should be clearly enumerated.<br />
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Notice <strong>of</strong> Motion: Wednesday, January 23, 2013<br />
Moved by:<br />
Deputy Mayor Davis-Dagg<br />
Seconded by:<br />
MOVED that council approve and endorse the following 2012 Year-in-Review with any<br />
additions/deletions they feel appropriate and post it to the main page <strong>of</strong> the website for public<br />
review and include it as an insertion in the electronic newsletter.<br />
2012 <strong>Lambton</strong> <strong>Shores</strong> Year-in-Review (In random order. Not exhaustive.)<br />
1. Strategic Planning – Direction Defined – Council identified and synthesized its core objectives into three<br />
key areas: (1) Economic Development – creating the conditions for a thriving economy in our municipality;<br />
(2) Community Spirit – the unifying <strong>of</strong> the community behind common goals for the achievement <strong>of</strong> the<br />
common good and the enhancement <strong>of</strong> the quality <strong>of</strong> life; (3) Environment – targeting key environmental<br />
issues in an effort to both proactively and reactively protect the unique natural habitat in the municipality we<br />
call “home.”<br />
2. Significant Debt Reduction – From the time that council was elected in 2010 until the end <strong>of</strong> 2012, the<br />
municipal debt has been lowered from $21.4 million to $17.4 million – a reduction <strong>of</strong> 20%.<br />
3. Successful Ad Hoc Committee Deliberations – Council members participated in and facilitated 10-months<br />
<strong>of</strong> deliberations by members <strong>of</strong> the Ad Hoc Sewage Advisory Committee and the production <strong>of</strong> an extensive<br />
report on a prospective sewage system in Zones 3 & 4 (Grand Bend) which included 6 recommendations<br />
that were received and endorsed by council. This Ad Hoc Committee represented one <strong>of</strong> the best examples<br />
<strong>of</strong> cooperation between council and the community on a difficult and controversial issue that this municipality<br />
has ever witnessed. <strong>The</strong> Committee’s final report and six recommendations and be found at<br />
http://www.lambtonshores.ca/Docs/Review<strong>of</strong>Zones3and4.pdf.<br />
4. Phragmites Control Increased - <strong>The</strong> <strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> continues to support Phragmites<br />
management initiatives <strong>of</strong> the <strong>Lambton</strong> <strong>Shores</strong> Phragmites Community Group. This year, in addition to<br />
collaborating in the delivery <strong>of</strong> a successful Community Information Session, the <strong>Municipality</strong> has supported<br />
a habitat restoration project in Grand Bend, continues to assist the community <strong>of</strong> Port Franks and is<br />
participating in discussions regarding Phragmites management in Ward 4. This committee, in cooperation<br />
with the Ausable Bayfield Conservation Authority, was able to secure a $23,000 grant from the Great Lakes<br />
Community Fund for the increased control <strong>of</strong> this invasive species in the Port Franks area. Council is<br />
extremely pleased with the volunteer participation <strong>of</strong> the public on both this as well as county initiatives.<br />
5. Huge Savings on Grand Bend STF – Council members participated in a Working Group deliberations, in<br />
cooperation with South Huron and Stantec Engineering, over 6 months that led to the selection <strong>of</strong> a Sewage<br />
Treatment Facility that is $8.2 million less expensive than previously recommended and which, according to<br />
the engineers, will be sufficient capacity for the sewage treatment required by <strong>Lambton</strong> <strong>Shores</strong> for at least<br />
the next 20 years. When making our decision Council considered (a) need, (b) sustainability; (c) affordability;<br />
(d) technological advances in waste treatment, (e) a revenue source (treating septage, unlike the original<br />
proposal), (f) the limited potential land for development in the GB area, (g) long standing projects on the<br />
books without a start date in sight; (h) expandability <strong>of</strong> the plant design; and (i) that development should pay<br />
in the future not current users on a “build it they will come” whim (history and recent past economic<br />
conditions suggests that this is not necessarily true when it comes to residential housing development). <strong>The</strong><br />
reduced size and cost <strong>of</strong> this project will be particularly important when the municipality begins paying for<br />
operating and life-cycle replacement costs.<br />
6. Economic Development Pushed Forward – Through the efforts <strong>of</strong> councillors Martin Underwood and<br />
Lorie Scott and their Economic Development Task Force team, council was presented with seven overarching<br />
recommendations which were received and endorsed. <strong>The</strong> Task Force had worked hard at providing<br />
open houses, online surveys, dialoguing with commercial businesses throughout <strong>Lambton</strong> <strong>Shores</strong> and then<br />
discussing their findings on which they based their final recommendations.<br />
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7. Significantly Reduced Development Charges – In December 2012, council decided to reduce commercial<br />
and industrial development charges by 66% and freeze residential charges for at least one year. Council’s<br />
intent is to use this as a tool to boost economic development in <strong>Lambton</strong> <strong>Shores</strong>.<br />
8. Enhancing Communication with the Public – Council approved the purchasing <strong>of</strong> a sound system for the<br />
Village Complex in the upcoming budget. Council expanded the size <strong>of</strong> municipal ads to an easily readable<br />
font in the local newspapers. Council also approved the public access to council agendas for the same time<br />
that council members can access the information online. As well, council initiated an online Communications<br />
Survey in an effort to draw out public input on how to improve communication yet more. It should be noted<br />
as well that Ward councillors hosted a significant number <strong>of</strong> town halls for citizens this past year to not only<br />
inform, but seek public input on a variety <strong>of</strong> community issues.<br />
9. Wind Turbine Protections – Council took proactive action to respond to public concerns and ensure that<br />
the infrastructure and resources <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> residents would be protected if wind turbines are<br />
erected in our jurisdiction.<br />
10. <strong>Lambton</strong> <strong>Shores</strong> Trail Committee – Council supported a significant improvement <strong>of</strong> the local trail system<br />
in 2012. <strong>The</strong> impressive list <strong>of</strong> accomplishments in 2012 can be found at www.lsntblazers.com. An exciting<br />
new development is the partnership with CH2MHILL for the development <strong>of</strong> the unused lagoons outside<br />
Forest into a wildlife sanctuary. Council is pleased to be working in cooperation with the passionate<br />
members <strong>of</strong> this committee.<br />
11. Communities in Bloom National Winners – Council supported the communities’ participation in the CIB<br />
national level competition and won 5-blooms as well as category for “Best Volunteers” for all Canada. When<br />
we see the participation in this CIB initiative as well as Phragmites Community Group, Ad Hoc Committee,<br />
Trail Committee, Economic Development Committee, above, and many other efforts, it’s not surprising.<br />
Bravo!<br />
12. Blue Flag Beaches – Our Port Franks and Grand Bend beaches both won “Blue Flag status” again in 2012.<br />
Great job municipal staff!<br />
13. Short Term Rental Improvements – Increased police presence and municipal by-law enforcement in the<br />
older area <strong>of</strong> Grand Bend known as Plan 24 resulted in significantly reduced complaints from the public in<br />
2012 and better behaved tenants. Through a community team approach involving citizens, ratepayer<br />
associations, business owners and landlords with council cooperation, we achieved impressive results and<br />
will continue to focus on this issue for future years. It is an ongoing issue.<br />
14. Rotary Trail Asphalted to Pinery – This year the Rotary Trail was surfaced with asphalt from Dalton<br />
Subdivision to the Pinery Park entrance.<br />
15. Significantly Increased Building Permits – <strong>The</strong>re was a surge <strong>of</strong> building in 2012. At last report, permits<br />
were issued for 89 new dwelling units in 2012 which reaches levels this municipality hasn’t seen since 2005.<br />
This is a 37% increase over 2011 and 26% increase over the average annual building since amalgamation.<br />
16. Grand Bend Ball Diamond Received Trillium Funding – <strong>The</strong> municipality worked with partners to secure<br />
$33,000 for upgrades to the Lion’s Park Ball Diamond in Grand Bend. In total, the partners are planning to<br />
spend nearly $100,000.00 on various upgrades to the ball diamond including resurfacing <strong>of</strong> the infield along<br />
with new backstop and infield fencing and playground equipment. <strong>The</strong> final upgrades <strong>of</strong> the first phase were<br />
completed in 2012.<br />
17. New Splash Pad in Arkona – In cooperation with the Kaeden Brown Foundation, a new splash pad was<br />
competed and commissioned in 2012 in Arkona.<br />
18. New BMX Track in Forest – Council initiated a new BMX and skateboard park in downtown Forest for area<br />
youth to hone their skills and invest their energies productively. This BMX Track is the first <strong>of</strong> a three phase<br />
active/passive recreation approach that will accommodate a wide variety <strong>of</strong> people’s interest and abilities<br />
and age groups, i.e. second phase spray pad with help <strong>of</strong> the Optimists, third phase is an expanded trails<br />
and nature area.<br />
19. New Paving Stones at Arkona Intersection – <strong>The</strong> main intersection <strong>of</strong> Arkona was enhanced by the<br />
completion <strong>of</strong> a needed paving stone project. <strong>The</strong> visual impact is a significant improvement. This project<br />
was long overdue.<br />
20. Ice Management Initiatives in Port Franks – Council approved $100,000 in 2012 for the dredging <strong>of</strong> the<br />
mouth <strong>of</strong> the river in Port Franks as well as a channel for water flow in the middle one-third <strong>of</strong> the river width<br />
through those areas that the ice management report has identified as being the high risk locations for ice<br />
jamming. In its 2013 budget, council has also committed to pay Ausable Bayfield Conservation Area<br />
$112,500 for additional dredging and investigation into partnerships available to purchase dredging<br />
equipment that can be shared by lakeside jurisdictions.<br />
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