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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 />

13


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 />

72


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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3<br />

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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5<br />

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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6<br />

<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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7<br />

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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8<br />

<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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9<br />

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 />

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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 />

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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 />

26 <strong>of</strong> 37


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 />

209<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 />

213<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 />

214<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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216<br />

34 <strong>of</strong> 37


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 />

220


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 />

223


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 />

230


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 />

236


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 />

Page 1 <strong>of</strong> 4 256


<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 />

260


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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