the corporation of the municipality of lambton shores · minutes of the january 19, 2006 council...

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THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES Meeting Number: Date of Meeting: Time: Place of Meeting: Regular Meeting of Council 04- 2006 Thursday, February 02, 2006 7: 00 p. m. Village Complex, Thedford AGENDA Pages 1. Call to Order 2. Declaration of Pecuniary or Conflict of Interest 3. Confirmation of Minutes from Previous Meetings 3. 1 Regular Council Meeting — January 19, 2006 1- 14 3.2 Budget Council Meeting — January 24, 2006 15- 20 4. Delegations, Public Meetings and Presentations 4. 1 7: 05 p. m. Re- conveneing a Public Meeting — Re: Official Plan and Zone Amendment Applications Applicant: William Veens Property Address: 8768 Rock Glen Road, Arkona Request to allow a 1. 2 hectare lot to be severed from an undersized farm parcel of 10 hectares See PL Report No. 03- 2006 pages 22 - 28 5. Correspondence and Petitions 5. 1 Sue Davis — President, Grand Bend Optimist Club — Requesting Permission to use the Municipal Sign in Grand Bend for advertising events and programs. 21 6. Consideration of Committee Minutes and Staff Reports PLANNING 6. 1 PL Report No. 03 - 2006 — Re: Re: Official Plan and Zoning By- law Amendments - William Veens 22- 28 6. 2 PL Report No 04- 2006 — Re: Grand Bend Community Corporation South Bend Estates) request for re - allocation of Sewage Capacity for Draft Plan of Subdivision 38T- 04001 LS 29- 31

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THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES

Meeting Number: Dateof

Meeting: Time: Place of

Meeting: Regular Meeting of Council 04- 2006

Thursday, February 02, 2006 7:

00 p.m. Village Complex, Thedford

AGENDA Pages1. Call to Order

2. Declaration of Pecuniary or Conflict of Interest

3. Confirmation of Minutes from Previous Meetings

3. 1 Regular Council Meeting — January 19, 2006 1- 14

3.2 Budget Council Meeting — January 24, 2006 15- 20

4. Delegations, Public Meetings and Presentations

4. 1 7:05 p. m. Re-conveneing a Public Meeting — Re: Official Plan andZone Amendment ApplicationsApplicant: William Veens

Property Address: 8768 Rock Glen Road, Arkona

Request to allow a 1. 2 hectare lot to be severed froman undersized farm parcel of 10 hectaresSee PL Report No. 03-2006 pages 22 - 28

5. Correspondence and Petitions

5. 1 Sue Davis — President, Grand Bend Optimist Club — RequestingPermission to use the Municipal Sign in Grand Bend for advertisingevents and programs. 21

6. Consideration of Committee Minutes and Staff Reports

PLANNING

6. 1 PL Report No.03 -2006 — Re: Re: Official Plan and Zoning By- lawAmendments - William Veens 22- 28

6.2 PL Report No 04-2006 — Re: Grand Bend Community CorporationSouth Bend Estates) request for re -allocation of Sewage Capacity

for Draft Plan of Subdivision 38T-04001 LS 29- 31

COMMUNITY SERVICES

6.3 D. C. S. Report No. 05-2006 — Re: Radio Read Water Meters 32- 33

6.4 D.C.S. Report No. 06-2006 - Re: Status Report on 2006 Operatingand Capital Programs 34- 37

6.5 D. C. S. Report No. 08-2006 Re: New Engineer Report for the ManningDrain 38

6 iMI%TRATIONAND FINANC; F KKeport No. 07-2006 Re: Bequeath Notification 39

6.7 CL Report No. 06-2006 — Re: Transfer of License Agreement — BoondocksMarina Inc.

40-43 See By- law 14-2006page 46

6.8 CL Report No. 07-2006 — Re: Appointment of Members to the PropertyStandards Committee 44

6.9 CL Report No. 08-2006 — Re: Decisions of the Committee of AdjustmentApplications heard at the January 26, 2006 Meeting 45

7. By-laws and Resolutions

BY-LAWS

7. 1 By- law 14-2006 — Being a By- law to Authorize the Signing of a LicenseAssumption Agreement 46

7.2 By -Law 15-2006 — Being a By- law to Confirm Resolutionsto Date — February 2, 2006 47

8. Accounts

None at this time.

9. Councillor Reports

10. New Business

11. Discussion Period

12. Confidential

13. Adjourn

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES

Council Meeting Minutes

Meeting Number: 02-2006

Date of Meeting: Mayor Cam IveyDeputy Mayor Carolyn Jamieson

Councillor Bill Weber

Councillor Mark SimpsonCouncillor Ruth Illman

Councillor Gord MiniellyCouncillor Ken Evans

Councillor Jeff Zavitz

Staff Present: C.A.O. John ByrneClerk Carol McKenzie

Treasurer Janet FergusonDirector of Community Services

Media Present: Gord Whitehead, Standard

1. CALL TO ORDER

Mayor Ivey called the meeting to order at 7:00 p.m.

2. DECLARATION OF PECUNIARY OR CONFLICT OF INTEREST

Mayor Ivey asked members to declare any conflict of interest or pecuniary interest that

they may have and Councillor Zavitz declared a conflict with the accounts, as he is theowner of a business supplying goods to the Municipality. Mayor Ivey declared a conflictwith the accounts later in the meeting, as a cheque was being issued to a company heis associated with.

3. CONFIRMATION OF MINUTES FROM PREVIOUS MEETINGS

3. 1 Regular Council Meeting — January 5, 2006

The minutes of the regular meeting of Council held January 5, 2006 were reviewed.

06-0119- 01 Moved by: Councillor EvansSeconded by: Councillor Zavitz

That the minutes of the regular meeting of Council held the 5th dayof January, 2006 be accepted as presented. Carried

Councillor Illman noted that the year to date summary that was included with theminutes provided an excellent overview of the municipal accomplishments of 2005, and

is

Minutes of the January 19, 2006 Council Meeting Page 2

should be provided to other groups, such as the Fire Board and B. I.A.'s for their

information as well.

As there was time before the first scheduled delegation, other items on the agenda were

considered.

6. 1 PL Report No. 03-2006 — Zoning By- law Amendment - Karen and Richard

Sewell

At the previous meeting, Council held a public meeting to consider a zone amendment

submitted by Richard and Karen Sewell for property located on Goosemarsh Line.

There were no objections to the proposed amendments and Planner Patti Scherer

prepared the necessary by- law for Council's approval.

06-0119- 02 Moved by: Councillor MiniellySeconded by: Councillor Simpson

That the following by- law as discussed during the Council meetingheld the 19th day of January, 2006 be read a first, second and third

time, passed and numbered appropriately, signed by the Mayorand Clerk and engrossed in the by- law book:

By -Law 09-2006 — Being a By- law to Amend By- law 1 of 2003 — Sewell. Carried

6.4 TR Report No. 01- 2006 — Re: Draft 2005 Year to Date Financial Summary

Comments from the Department Heads on the draft Year to Date Financial Summarywere compiled and presented in TR Report No. 01- 2006.

06-0119- 03 Moved by: Councillor MiniellySeconded by: Councillor Evans

That TR Report No. 01- 2006 regarding the draft 2005 Year to DateFinancial Summery be received and filed. Carried

6.5 TR Report No. 02-2006 — Re: COMRIF Funding Agreement

Previously, the Municipality applied for a COMRIF grant to offset the costs of the ruralwater expansion project. Lambton Shores was notified of the approval of the grant in

April of 2005, and recently received the agreement to formalize the funding. TreasurerJanet Ferguson noted in the report that executing the COMRIF agreement confirms the

availability of funds approved, and establishes how and when those funds would betransferred. Signing the agreement is not a commitment to proceed with Phase 4; however, the agreement needs to be in place prior to the start of Phase 3, if any ofthose costs are to be recovered if Phase 4 proceeds.

Z

0

Minutes of the January 19, 2006 Council Meeting 06-0119-

04Moved by: Councillor Weber Secondedby:

Councillor Illman That the

following by-law, as discussed during the Council meeting held the19th day of January, 2006, be read a first, second and third time,

passed and numbered appropriately, signed by the Mayor and

Clerk and engrossed in the by- law book: By-law

10 of 2006, being a By-law to Authorize the Mayor and Clerk to

execute the COMRIF funding agreement for the Water Expansion Project.

Carried Page 3

6.6 TR Report No. 03-2006 regarding the OSEIFA Financing Agreement

Previously, the Municipality applied for and received approval for financing through the

Ontario Strategic Infrastructure Financing Authority (OSEIFA) for the transmission main

by-pass portion of the Water Expansion project. This financing program is an excellent

opportunity to reduce costs, as the interest rate approved for the debenture was 2.37% for the 15 year term.

06- 0119-05 Moved by: Councillor lllman

Seconded by: Councillor Evans

That By- law 03-2006, authorizing the borrowing from OSIFA and

debenturing of the same for the transmission main by-pass portionof the Lambton Shores Water System Expansion Project be

approved as outlined in TR Report No. 03-2006. Carried

4. DELEGATIONS, PUBLIC MEETINGS AND PRESENTATIONS

4.1 Zone Amendment for Aeolian Energy Ltd. (Fraser Hodgson)

06-0119- 06 Moved by: Councillor SimpsonSeconded by: Councillor Zavitz

That the Council meeting adjourns for a public meeting at 7: 10 p.

m. held under the Planning Act to hear an application for a zone amendment

for property owned by Fraser Hodgson located at 6463Lakeshore Road. Carried Mr.

Martin Ince, Aeolian Energy, was in attendance representing Mr. Hodgson, and explained

that the amendment was to allow a 50 metre marked, unlit meteorological MET) tower to be erected at 6463 Lakeshore Road to determineif there is sufficient energy

for a wind farm. All of the monitoring equipment and sensors are solar or wind powered

and information is obtained electronically, so there would be very little attendanceat the site. 3.

Minutes of the January 19, 2006 Council Meeting Page 4

Planner Patti Scherer provided a report which noted that the property was zoned

Agriculture 1 ( Al) in the Lambton Shores Zoning By-law, which does not currently allow MET

towers. She notes that the applicationis to allow the use on a temporary basis and if

the wind farm project was to proceed, there would need to be further amendments required.

Ms. Scherer had no objection to the proposed temporary zoning being approved. Correspondence

had been received from Gary Vance, advising that he had an aerodrome

in the vicinity of the tower, and although Transport Canada does not require thetower to be marked, it would be appreciated. Mr. Ince noted that he had spoken to Mr.

Vance prior to the tower being erected and that the tower was marked, and Mr. Vance

was satisfied. Mayor Ivey noted that the requirement for a marked, unlit tower would

be part of the zoning by-law, which was satisfactoryto Mr. Ince. Questions

were entertained from the Audience: Mr.

Minielly — Vance Drive — wanted to ensure there was some protection for Mr. Vance. It

was reiterated that the tower was marked with red and white markings, and Mr. Vance had

been contacted and was satisfied with the markings prior to the erection of the tower.

There

were no further questions from the audience. 06-

0119- 07 Moved by: Councillor Weber Seconded

by: Councillor Simpson That

the public meeting adjourns, and the regular Council meeting reconvenesat 7:15 p.m. Carried 06-

0119-08 Moved by: Councillor Simpson Secondedby: Councillor Evans That

Zoning By-law Amendment ZO-1/2006 requested by Aeolian Energy

Ltd. to amend the Lambton Shores Zoning By-law 1 of 2003to change the zoning on lands known as 6463 Lakeshore Roadfrom Agricultural1 (Al) Zone to an Agricultural1.8 ( A1- 8) Zoneto allow a marked, unlit wind testing tower as a temporary useon the lands be approved, subject to the following regulations: a)

Front Yard (minimum) 600 metresb) Interior Side Yard ( minimum) 25 metresc) Height ( maximum) 50 metresd) This use shall be permitted for three years from January 19, 2006.

Carried 4.

2 Zone Amendment forAeolian Energy Ltd. (Doug Rogers) 06-

0119-09 Moved by: Councillor Illman 09.

Minutes of the January 19, 2006 Council Meeting Page 5

Seconded by: Deputy Mayor Jamieson

That the Council meeting adjourns for a public meeting at 7: 15

p. m. held under the Planning Act to hear an application for a zone

amendment for property owned by Douglas Rogers located

Southside of Lakeshore Road, just west of Ipperwash Road.

Carried

Mr. Martin Ince was in attendance representing the applicant, and noted that similar to

the application submitted by Mr. Hodgson, this application was for a MET tower to

determine if there is sufficient energy for a wind farm. The tower installed on this

property is an unlit, and unmarked 60 metre high tower. It was noted that this tower is

not close to a private aerodrome.

In her report, Planner Patti Scherer noted that the property was also zoned Agriculture 1

Al) in the Lambton Shores Zoning By-law, which does not currently allow MET towers. She

notes that the applicationis to allow the use on a temporary basis and if the wind farm

project was to proceed, there would be further amendments required. When

questioned, Mr. Ince stated that it would be very difficult to make this tower a marked

or lit tower, as it has already been erected. Questions

from the Audience: Mrs.

Buist, Vance Drive — noted a concern with the number of approvalsfor MET towers in

her area, and the possibility of being surrounded by wind turbines. It was explained thatthe erection of the MET tower did not necessary mean that the property was suitable

fora wind farm, and that prior to further development occurring, there would be further

public meetings. 06-

0119- 10 Moved by: Councillor Zavitz Seconded

by: Councillor Simpson That

the public meeting adjourns, and the regular Council meeting reconvenesat 7:30 p.m. Carried 06-

0119- 11 Moved by: Councillor Simpson Secondedby: Councillor Evans That

Zoning By-law Amendment ZO-2/06 requested by Aeolian Energy

Ltd. to amend the Lambton Shores Zoning By-law 1 of 2003to change the zoning on lands located on the south side of LakeshoreRoad, just west of Ipperwash Road, from Agricultural1 Al)

Zone to an Agricultural 1.9 (A1- 9) Zone to allow an unlit, unmarked wind testingtower as temporary use on the lands be approved, subject to

the following regulations: a) Front Yard (

minimum) 600 metres S.

Minutes of the January 19, 2006 Council Meeting Page 6

b)

Interior

Side

Yard (minimum) 130 metres c) Height (

maximum) 60 metresd)

This use shall be permitted for three years from January 19,

2006. Carried

06-0119- 12 Moved

by: Councillor Illman Seconded

by: Councillor Weber That the following By-law, as discussed duringthe Council meeting held the 19th day of January, 2006 be read a first,

second and third time, passed and numbered appropriately, signedby the Mayor and Clerk and engrossed in the

by-law book:

By -Law 12-2006 — Being a By- law to Amend By- law 1 of 2003 —

Hodgson. Carried

06-0119- 13 Moved by: Councillor Weber

Seconded by: Councillor Minielly

That the following By- law, as discussed during the Council meetingheld the 19th day of January, 2006 be read a first, second and third

time, passed and numbered appropriately, signed by the Mayorand Clerk and engrossed in the by- law book:

By -Law 13-2006 — Being a By- law to Amend By- law 1 of 2003 —

Rogers. Carried

4.3 Official Plan and Zone Amendment for William Veens

06-0119-14 Moved by: Deputy Mayor Jamieson

Seconded by: Councillor Simpson

That the Council meeting adjourns for a public meeting at 7:30

p. m. held under the Planning Act to hear an application for an

official plan and zone amendment for property owned by HenryVeens at 8768 Rock Glen Road, Arkona. Carried

Mayor Ivey explained to the applicant and his agent that the Planner was unable toattend the meeting, and advised that the statutory public meeting would proceed; however, it was being recommended that a decision be deferred until next meeting. Thiswas acceptable to the applicants.

In the Planning report, Planner Patti Scherer stated that the lands were zonedCommercial Rural 3- 1, which does not allow agricultural or residential uses. The OfficialPlan designations for the property are Agricultural and Hazard and EnvironmentalProtection. The Lambton Shores Official Plan indicates a minimum lot size for

agricultural uses should be 40 acres to discourage unwarranted fragmentation offarmland. It also recommends that existing parcels of insufficient size should be

Minutes of the January 19, 2006 Council Meeting Page 7

encouraged to amalgamate with adjoining parcels, to meet the Official Plan's goal to

create efficient farm units and to provide meaningful on-site farm employment.

The viability of the smaller farm units being proposed was noted as an issue, as

approximately 50% of the subject land is part of the Ausable River Valley and unsuitable

for agricultural use. If the change in designation is permitted, and the severance

granted, the useable area will be reduced to 2. 8 hectares and two unviable farm parcelswould be created.

Planner Patti Scherer stated in the report that she was unable to support the

applications, as they were not consistent with the Provincial Policy Statements, or the

purpose and intent of the Lambton Shores Official Plan.

The agent for the applicant, Philip Walden provided background information on the

area, including the fact that the majority of the land to the south of the proposal was

scheduled for extraction. Across the road from the subject land is the Rock Glen

Campground, and the Ausable Bayfield Conservation Authority Park is to the north.

The property was previously used as a greenhouse operation, and the goal is to re-

designate the lands to allow a single family dwelling and the green house on a smaller

lot, which would then be severed from the farm parcel.

Correspondence received from the Conservation Authority was not supportive of the

application, as there were concerns that an additional dwelling would negatively affectthe ANSI.

Mr. Atchison, the prospective purchaser, advised Council that he and his wife were

active in the Arkona Revitalization Committee, and felt that this business would be a

benefit to the area, and that the addition of a house and greenhouse operation would bemore acceptable than a pit operation.

There was no one in the audience either in support or in opposition to the proposal. No

correspondence was received, other than from the Ausable Bayfield Conservation

Authority and the applicants.

06-0119-15 Moved by: Deputy Mayor Jamieson

Seconded by: Councillor Simpson

That the public meeting adjourns, and the regular Council meetingreconvenes at 8:00 p. m. Carried

06-0119- 16 Moved by: Councillor EvansSeconded by: Councillor Simpson

That a decision on the Official Plan Amendment and Zoning By- lawAmendments for 8768 Rock Glen Road be deferred until February2, 2006. Carried

7.

Minutes of the January 19, 2006 Council Meeting Page 8

4.4 Public Meeting — Proposed Water and Sewage Rates

06-0119- 17 Moved by: Councillor Weber

Seconded by: Councillor Minielly

That the Council meeting adjourns for a public meeting at 8: 00

p. m. to discuss the proposed Water and Sewage Rate for the

Municipality. Carried

Gary Scandlan, C. N. Watson and Associates Limited presented information on the

current and future water and wastewater systems capital needs, cost recovery optionsfor the capital works, and estimated future operating costs and provided suggestedrates sufficient to recover the cost of the Lambton Shores' water and waste water

systems.

Mr. Scandlan noted that several pieces of legislation were enacted as a result of the

tragedy in Walkerton which will impact the rates charged by the Municipality. Bill 175

requires municipalities to prepare a " Full Cost of Service" report, including an inventoryof all infrastructure, and an " Infrastructure Management Plan". In addition, a " Cost

Recovery Plan" is required, which is to identify how the municipality intends to pay the

full cost of services. Bill 195 (Safe Drinking Water Act) requires mandatory licensing and

accreditation of testing labs, new standards for treatment, distribution quality and

testing, mandatory operator training and mandatory licensing of municipal water

providers. There are also stronger enforcement and compliance provisions and

standard of care" requirements for municipalities.

In order to determine the appropriate rates, forecasted capital and operatingexpenditures and consumption were reviewed in conjunction with the legislationrequirements.

The 10 year water and wastewater capital needs were reviewed, along with the capitalfinancing options. The lifecycle cost of the existing infrastructure and total replacementvalue has been calculated and lifecycle contributions have been phased into the

proposed 2006 and 2007 water rates.

06-0119-18 Moved by: Deputy Mayor Jamieson

Seconded by: Councillor Simpson

That the public meeting adjourns, and the regular Council meetingreconvenes at 9: 15 p.m. Carried

6.7 TR Report No. 04-2006 — Re: 2006 Proposed Water Rates

The recalculation of the rates as explained at the public meeting will provide a gradualincrease over time as opposed to the rates previously projected, which had a largespike in one of the years. The rates can be approved for 2 years only, as the legislationrequires a review of the rates at least bi-annually. The 10 year time frame is used to

identify any future expenditure that may impact the rates.

F.

Minutes of the January 19, 2006 Council Meeting Page 9

06-0119-19 Moved by: Councillor Evans

Seconded by: Councillor Minielly

That Council adopts the rate structure as prepared by C. N. Watson

and Associates Ltd. as outlined in TR Report No. 04-2006; and

further,

That the following By- law, as discussed during the Council meetingheld the 19th day of January, 2006 be read a first, second and third

time, passed and numbered appropriately, signed by the Mayorand Clerk and engrossed in the by- law book:

By -Law 14-2006 — Being a By- law to Establish Water and Sewer

Rates for 2006/7. Carried

5. CORRESPONDENCE AND PETITIONS

There was no correspondence or petitions for Council to review.

6. CONSIDERATION OF COMMITTEE MINUTES AND STAFF REPORTS

Community Services

6.8 D.C.S. Report No. 02-2006 — Re: Ministry of the Environment (MOE) Water

System Inspections

In accordance with the Municipal Certificate of Approval ( C of A) and Ministry of

Environment policy, inspections were undertaken at the Thedfordand Arkona water systems.

Director of Community Services Paul Turnbull reported that in both instances, there

were no "Non Compliance with Regulatory Requirements" nor "Actions Required". Therecommended actions in each instance were reviewed, and Mr. Turnbull advised that

the Municipality is currently working on these recommendations. He also advised thatthe Lambton Shores' Systems operators meet all the requirements for the classification

of the systems. 06-

0119- 20 Moved by: Councillor Minielly Secondedby: Councillor Evans That

D.C.S. Report No. 02- 2006 regarding the Ministry of the EnvironmentWater System Inspections be received and filed. Carried

Administration

and Finance6.

9 CL Report No. 03- 2006 — Re: Amendments to the Parking By-law Clerk

Carol McKenzie presenteda recommendationto amend the Consolidated Parking By-law to increase 3 fines for offences associated with parking cars over night in 9•

Minutes of the January 19, 2006 Council Meeting Page 10

municipal parking lots and roads and to create an offence for parking any part of a

vehicle on a roadway. It was noted that " roadway" is defined in the Parking By-law as

the traveled portion of the road.

Concerns were discussed that the threat of a ticket for remaining in the parking lot

overnight may induce people to drink and then drive home; however, the Municipalityneeds a method of prohibiting the use of cars as sleeping accommodations.

06-0119-21 Moved by: Councillor Illman

Seconded by: Deputy Mayor Jamieson

That the proposed amendments to the Municipal Parking By- law

20-2002 as outlined in CL Report No. 03-2006 be accepted as

presented. Carried

06-0119-22 Moved by: Deputy Mayor Jamieson

Seconded by: Councillor Simpson

That the following by- law, as discussed during the Council meetingheld the 19th day of January, 2006 be read a first, second and third

time, passed and numbered appropriately, signed by the Mayorand Clerk and engrossed in the by- law book:

By- law 07-2006 — Being a By- law to Amend the Consolidated

Parking By- law 20-2002 (Creating an Offence). Carried

06-0119-23 Moved by: Councillor Weber

Seconded by: Councillor Simpson

That the following by- law, as discussed during the Council meetingheld the 19th day of January, 2006 be read a first, second and thirdtime, passed and numbered appropriately, signed by the Mayorand Clerk and engrossed in the by- law book:

By -Law 08-2006 — Being a By- law to Amend the Consolidated

Parking By- law 20-2002 ( Setting Fines). Carried

6. 10 CL Report No. 04-2006 — Re: Amendments to the Open Air Burning By-law62-2005

In 2005, amendments were made to the By- law regulating open air burning in the

Municipality and since that time, several additional amendments have been requested. A by- law has been drafted with the recommended amendments, which are to allow a

Fire Chief to appoint a designate, and the reinstatement of the requirement for a burn

permit in Ward 1 — ( Grand Bend).

06-0119-24 Moved by: Councillor MiniellySeconded by: Councillor Evans

j00

Minutes of the January 19, 2006 Council Meeting Page 11

That the proposed amendments to the Open Air Burning By- law 62-

2005 as outlined in CL Report No. 04-2006 be accepted as

presented. Carried

6. 11 CL Report No. 05-2006 — Re: Applications to be heard by the Committee of

Adjustment on the 26th day of January, 20061 1 ICCIF. JPIM CILKJ11 LVLJC. I IGCI14 LJr aIV vvl 1111 naacc v1 1-

LuJu,

7u I Mal IL v11 Wul1"c l1w,

w..... ....... reviewed. 06-0119- 25 Moved by: Councillor Simpson Seconded by: CouncillorIllman That CL Report No. 05-2006 regarding applications to be heard

by the Committee of

Adjustment on

the 26th day of January, 2006 be received and filed. Carried Corporate & Strategic6.

12

C.A.O. Report No. 02-2006 — Re: Emergency Plan "Risk Assessment" Update In Report

No 02-2006, Chief Administrative Officer John Byrne noted that part of

the Lambton Shores' Emergency Plan strategyis the annual review of

the "Risk Assessment" and Emergency Response Plan. An assessment of the possiblehazards for the Municipalityof

Lambton Shores was provided, which have been prioritized, based on probability of occurrence. Mr. Byrne

notes that hazards affecting the municipality are most likely to be localized in

a specific area, and that the emergency response resources of

the Municipality are spread throughout the municipality

which will facilitate response

where needed. 06-0119- 26 Moved by: Councillor Zavitz Seconded by: Councillor Weber

That C. A.O. Report No. 02-2006

regarding an update on

the Emergency , Plan " Risk Assessment for Lambton Shores be received and filed. Carried 6.

13C.A.

O. Report No. 03-2006 — Re: Status Report — Lambton Shores Emergency Planning 2006 C.A.

O. John Byrne provided an updateto Council on the ,

training exercises and promotion of the Lambton Shores Emergency Preparedness program undertaken in 2005. Alsonoted was the fact that the Municipality does not have full time

personneldevoted

to

Emergency Management however, the program in place is functional and

It &

Minutes of the January 19, 2006 Council Meeting Page 12

practical, considering the potential risks that the municipality response personnel would

respond to.

06-0119-27 Moved by: Councillor MiniellySeconded by: Councillor Simpson

That C.A.O. Report No. 03-2006 regarding the status of the

Lambton Shores Emergency Planning 2006 be received and filed.

Carried

6. 14 C.A.O. Report No. 04-2006 — Re: Encroachment Agreement Policy — Waterfront Property

At the previous meeting, Council reviewed a draft encroachment agreement for

municipally owned property along the Ausable River on Gill Road in Grand Bend.

Additional information was requested on yearly fees, third party agreement and whether

these properties should be sold. Chief Administrative Officer John Byrne presented a

supplemental report addressing the issues raised at the previous meeting. The

recommendation is that the Municipality retains ownership of these parcels of land, as

they have a significant strategic importance to the Municipality, however, the lands

could be used by the adjacent owners under an encroachment agreement. The

recommended fee was $ 27.00 per lineal foot, and that the use of the lands be restricted

to decking, fencing, small storage sheds, and basic water and electrical services.

Although the recommended term for the agreement was 5 years, often times a longerterm is necessary to offset the considerable private investment undertaken to improvethe lands.

A discussion ensued on the number of encroachment agreements that the Municipalitycurrently has, and the rate being charged for each. It was noted that the leases in Port

Franks are at $ 27.00 per lineal foot; however, most of these are used for commercial

purposes.

Permission was granted to Mr. Walden to address Council to provide further

information, and he noted that the purchase of the Patterson property was based on the

conditions that existed at the time, which was the lease of land for a nominal fee. Therate proposed would be acceptable if all municipal property along the River was treated

the same, and used the same. The owner intends to undertake extensive improvementson the property and stated that the docks would be strictly for his personal use.

Council agreed to a yearly fee of $ 100.00 with a phase in period for the increase rate,

which would help to offset the capital improvement costs.

06-0119-28 Moved by: Councillor Illman

Seconded by: Councillor Weber

176

Minutes of the January 19, 2006 Council Meeting Page 13

That the Encroachment Agreement Policy for municipally owned

waterfront property as outlined in C.A.O. Report No. 04-2006 be

accepted; and that the proposed agreement with Mr. Patterson be

approved with a yearly rate of $100.00 for a 5 year term, and the

Mayor and Clerk are authorized to enter into the necessaryencroachment license agreement. Carried

7. BY-LAW AND RESOLUTIONS

06-0119-29 ' Moved by: Deputy Mayor Jamieson

Seconded by: Councillor Simpson

That the following By- laws, as discussed during the Council

meeting held the 19th day of January, 2006 be read a first, second

and third time, passed and numbered appropriately, signed by the

Mayor and Clerk and engrossed in the by- law book:

1. By- law 03-2006 — Being a By- law to authorize the Borrowingupon Debentures towards the Cost of the Clean Water

Infrastructure

2. By -Law 11- 2006 — Being a By- law to amend By- law 62-

2005 —Regulating Setting of Fires in the Open Air.

Carried

8. ACCOUNTS

Mayor Ivey declared a conflict with the accounts as he is associated with a companythat is receiving a cheque - Huron Woods Inc.

Deputy Mayor Jamieson asked Council if there were any questions or comments on anyof the accounts, and none were noted.

06-0119-30 Moved by: Councillor SimpsonSeconded by: Councillor Weber

That the accounts for the month of December 2005, in the amount

of $3,742,896. 12 be approved. Carried

9. COUNCILLOR REPORTS

Deputy Mayor Jamieson reported that she has been receiving questions regarding the

possibility of wind energy turbines to provide energy for personal use, and it was notedthat these types of questions are to be referred to the Forest office.

10. NEW BUSINESS

are

Minutes of the January 19, 2006 Council Meeting Page 14

Director of Community Services Paul Turnbull presented a report for consideration on a

maintenance request for the Lake Smith # 2 Drain. Over the years, the dredging of the

drain has resulted in the instability of the banks, and the culverts being higher than the

ditch bottom. Work needs to be done to lower the culverts and stabilize the drain and a

new report is required for this work. Prior to the appointment of an Engineer, 30 daysnotice must be provided to the Conservation Authority.

Seconded by: Councillor Zavitz

That request for a new report for the Lake Smith # 2 Drain under Section 78 of the

Drainage Act as outlined in DCS Report 03-2006 be approved, and that notice of the

proposed works is provided to the Ausable Bayfield Conservation Authority as per the

requirements of the Drainage Act, after the expiration of the which, Mike DeVos, Sprietand Associates be appointed the Engineer for the project.

11. DISCUSSION PERIOD

There were no questions from the audience.

12. ADJOURNMENT

06-0119-31 Moved by: Councillor MiniellySeconded by: Councillor Zavitz

That the January 19, 2006 Council meeting adjourns at 10: 00 p. m.

Carried

Y.

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES

COUNCIL MEETING MINUTES — BUDGET DELIBERATIONS

Meeting Number: 03-2006

Date of Meeting: Tuesday, January 24, 2006

Members Present: Mayor Cam IveyDeputy Mayor Carolyn Jamieson

Councillor Bill Weber

Councillor Mark SimpsonCouncillor Ruth Illman

Councillor Gord MiniellyCouncillor Ken Evans

Councillor Jeff Zavitz

Staff Present: C.A.O. John ByrneClerk Carol McKenzie

Treasurer Janet FergusonDirector of Community Services Paul Turnbull

Media Present: There were no representatives of the Media present

Others: Later attendee — Cindy Maxfield

Mayor Ivey called the meeting to order at 4:00 p. m.

In a report to Council, Chief Administrative Officer John Byrne advised that the 2006

operating budget had been prepared using the same format as previous years, with the

municipal operations grouped into "business units".

The " Core" budget as presented provides for the provision of the same services as in

previous years, adjusted for increases in insurance, utility and labour costs, and other

costs outside of Council's control or decided already by contract commitment.

The most significant impacts result from:

o The inclusion of the previously unregulated area of the municipality into the St.

Clair Conservation Authority, which will provide the residents in that area

protection and monitoring by the Conservation Authority, including the source

water protection program; o Enhanced funding for the Lifeguard service in Grand Bend, to ensure adequate

protection for the users of the municipal beach;

o Increased policing costs as per the contract adopted in 2005;

o Increase in municipal property and liability insurance premiums; o Increased in utility costs.

130

Minutes of the January 24, 2005 Council — Budget meeting Page 2

Changes occurred on the revenue side as well, resulting from the transition funding for

Warwick and Plympton, additional growth in assessment, and increased transfer

payments from the Province of Ontario.

Still to be considered are items identified in 2005 for consideration at budget time, those

beinq the changes to the Recreation & Leisure user fee structure, and the addition of a

The 2006 operating budget as presented represents a 6.75% increase over the 2005.

Policing Services

As noted earlier, the Lambton Policing Group signed a new contract in 2005, and the

increases will be reflected in the 2006 budget. The reconciliation credit from 2005 has

been estimated and is included in the budget figures.

Planning and Development

Council reviewed the estimates for the operation of the Planning and Development unit,

and Clerk Carol McKenzie reported that the revenue budget estimate for zone

amendments had already been achieved, and the decision was made to increase the

estimate from $ 3,750.00 to $ 10,000.00. The allocation of a transfer from the workingreserve fund in the amount of $ 15,000.00 is offsetting revenue for the anticipated legal

expenditure for the pending litigation pending for several planning matters.

Building Services

The proposed estimates for the operation of the Building Services department were

reviewed and the decision was made to increase the expected revenue from $

142,000.00 to $ 147,000.00, which is similar to the actual revenue from 2005.

Protection to Persons and Property

By- law Enforcement, Property Standards, Parking Enforcement

The estimates for the By- law Enforcement section of this Business unit reflect the

annual 3% increase in the north area contract, a small allocation for uniforms, increased

costs for the acquisition of tickets, and an increase in the telephone expenses as

compensation for an amendment to the North Area By- law contract for the maintenance

of the parking lot meters.

Animal Control

Currently, the South Area By- law Enforcement Officer undertakes the animal control

duties for the entire Municipality. In 2005, the Province passed the " Dog Owners'

Liability Act" (DOLA) which created significant additional duties for the Municipality. The

Minutes of the January 24, 2005 Council — Budget meeting Page 3

By- law Officer has agreed to amend his contract to include the additional duties

required under DOLA, with an offset of discontinuing the trapping of cats.

The budget for weed control was reviewed and similar to property standards issues,

response is initiated by complaint only.

The Crossing Guard allocations were reviewed and it was noted that the contracted

services were for replacement guards resulting from injury or illness.

Conservation Authority

Treasurer Janet Ferguson presented a report for Council which provided detailedinformation on the budgets proposed by the Ausable Bayfield Conservation Authorityand the St. Clair Conservation Authorities. Discussions ensued on the status of

proposed projects.

Fire Services

With respect to the Fire Services budget, some items that may affect the budget are still

being negotiated, such as the level of service provided to neighbouring municipalities. Wages are based on the number of calls received by each department, and the budgetfigures were derived based on a 3 year average. The program of fire inspections ofcommercial businesses has been successful, and is continuing. Additional inspectionsrequested by the businesses are being billed at the rate of $ 65.00 per hour, andviolations under the false alarm by- law are invoiced.

Transportation

A review of the transportation services was undertaken, and the following reductionswere made:

Roadways:

o $ 2,000.00 in the training and conferences section; o $ 5,000.00 in the request for subsidy for Southcott Pines Park Association; o $ 8,000.00 in the allocation for the municipal road portion of drain maintenance; o $ 10,000.00 from Loose top maintenance due to a reallocation to Capital

Winter Control

o $ 5,000.00 in salary and wageso $ 5,000.00 in vehicles and equipment

Harbours

7

Minutes of the January 24, 2005 Council — Budget meeting Page 4

An in-depth review of the revenues and expenses for the Habour operations in Grand

Bend and Port Franks was undertaken, and the following increases were recommended

Note -fees are exclusive of any taxes)

o Launch Ramp — Commercial Seasonal pass from $750.00 to $1000.00

o Launch Ramp — non commercial — seasonal from $ 125.00 to $ 150.00

o Launch Fee — per launch — under 24' from $9.35 to $ 14.02

o Launch Fee — per launch — over 24' from $ 14.02 to $ 18.69

o Dockage — transient — from $ 1. 55/foot/ day to $1.60/ foot/

day or 165.00/ foot/ dayo Dockage - South Basin - $10.00 utility surcharge o Dockage - Seasonal — over 24' from $53. 00/ foot to $55.

00 per footo Fuel — Marine surcharge from $.10/ litre to $.

12/

litre Arena The operations at the Thedford and Forest Arenas were reveiwed, and

the following changes were made to the expenses

and revenues: o Thedford Canteen — expenses reduced from $23,000. 00 to $20,

000. 00 o Forest Ice Surface — decrease in expected revenue from $ 164,

000. to 150,

000.00 Directorof Community Services Paul Turnbull noted that ice rentals are impacted

by the standings of the teams, and whether or not they are in

the

playoffs. Libraries Lambton Shores is responsible for providing the facilities for the five

library branches within the Municipality and funds are required each year for building

upkeep

and maintenance. Storm

Water Management The storm water collection systems within the urban areas of the

community are maintained by the municipality anda budget allocation is made to offset the

staff time and to provide funds for the equipment vehicle and equipment reserve for the use

of the new vacuum truck. With the acquisition of the new truck, it was anticipated

that there would be a reduction in the need for "contracted services" and this budget

estimate was reduced from $ 10,000. 00 to $ 5,

000.00Solid

Waste Management Expected revenue from the sale of garbage bag tags was increased from $290,

000. 00 to $300, 000.00. The staffing allocation for street cleaning and litter pick up

was reduced from $ 42,342. 18 to $ 35,

000.

00.

Minutes of the January 24, 2005 Council — Budget meeting Page 5

Treasurer Janet Ferguson reported that Bluewater Recycling had advised the

Municipality that the number of households would be increasing from 6892 to 6909, and

of the change in rates per household from $ 33.47 to $ 34.37 for garbage collection. In

addition, the number of shares for recycling had increased from 7249.5 to 7727.5 and

the costs will rise from $42. 12 per share to $ 45.65.

Cemetery Services

The main expense associated with the cemeteries is the grass cutting and groundmaintenance. Budget estimates provided are based on the past years' actuals.

Parks

The Municipality owns and maintains many parks through out the community that range

in size from small neighbourhood parks to multiple soccer pitches. The main cost is for

the maintenance of these areas, primarily grass cutting and the amount of maintenance

required is weather dependent. The staff wages allocation for parks and ball diamond

maintenance was reduced from $82,586.73 to $70,000.00.

Beach

Recently, Council approved an agreement whereby the lessee of the concession stand

at the Grand Bend beach house would undertake the maintenance of the washrooms at

the beach house and Eilber Street in lieu of lease payments, and this was reflected in

both the revenue and expense section of the budget estimates.

A discussion ensued on the possible partnering with the Rotary Club for beach water

testing and the possibility of the "blue flag" system for beach water monitoring. The blue

flag program requirements include beach clean up, the availability of washrooms and

garbage cans, and the monitoring of the water quality, al of which are currently in place. North Area Manager Kevin Bryson has the application for the program and it was noted

that the certification could only be granted after a one year monitoring period. An

education program will be possible after this monitoring phase, as the benchmarks will

be determined, the probable cause of any problem identified and how it can be

corrected.

Community Centres

In 2005, Director of Community Services Paul Turnbull presented a report on usage and

user fees for Lambton Shores' facilities and questioned whether the objective was cost

recovery or maximum usage. A final decision was deferred until there was an

opportunity to discuss the options during the strategic plan sessions and budgetdeliberations. The Strategic Plan meeting with the user groups scheduled for February6, 2006 will provide feedback on this issue, and time will be allocated during the next

budget meeting to discuss the options in depth. The municipality has been advised that the use of Kimball Hall will continue for an

additional period, and the revenues were increased by $ 5,250.00 in recognition of this.

9

Minutes of the January 24, 2005 Council — Budget meeting Page 6

Drainage

Director of Community Services Paul Turnbull noted that both the anticipated grant and

the wages for the Drainage Superintendent are higher than last year, as it reflects the

fact that Ted Boere will continue to act as Drainage Superintendent along with Kevin

Bryson until August of 2006.

Emergency Management

ICVICVVCU.

Economic Development

The requests for donations from community groups were reviewed and the budgetedamount confirmed. It was discussed that a notice could be placed in the paper advisingcommunity groups that limited funds could be available to support community events

that conform to Municipal policy # 25.

Water Supply and Distribution

The proposed revenue and expenditures for the water works system were reviewed.

Wastewater Management

Director of Community Services Paul Turnbull noted that several of the small

maintenance items that had previously been in the capital budget have been moved to

operating.

Community Facilitator

The other issue that had been deferred from previous discussions was the possibility of

Community Facilitator staff position. Councillor Illman reported that she has had

discussions with various groups and there was a need in the community for a facilitator

to assist with communications, the development of a community recreation/ leisure

master plan, to recruit and train volunteers, support service clubs, and chair an advisorycommittee.

It was noted that it is important to understand what the job requirements and

expectations are. The existing resources currently available in the community were

briefly discussed, and it was noted that the Strategic Plan meeting on February 6, 2006

will provide additional feedback on this issue as well.

The meeting adjourned at 7: 15 p.m. and will re -convene on February 8th at 1: 00 p.m.

zoo

Page I of I

CP McKenzie

From: sue davis [[email protected]]

Sent: Wednesday, January 25, 2006 2:12

PM To: cpmckenzie@lambton- shores.

com Subject: Municipal

Sign To: MunicipalityofLambton

Shores From: Grand Bend Optimist

Club We have just been made aware that our group can no longer advertise on the Municipal Sign in

Grand Bend. This has been our major sourcefor advertising the courses offered by the Youth Centre.

Without this option, we will be limited on our

exposure. The Grand Bend Optimist has proposed to workin partnership with the Municipality to create

the programmes needed for the Youth inour community. There isequal opportunity for everyone to

take advantageof what we offer. This has been our least expensive wayto advertise with the most

success. The youth ofour community don't necessarily read the

newspaper. As you are aware, we are a non-profit organization with limited funds available. We would

appreciate being exempted from your recent ruling so we can once again have use of our most precious means

of

advertising. Thanking you in advance for your attention to this matter. I

remain. 1/25/2006

GRAND BEND

OPTIMIST

CLUBSUSAN DAVIS PRESIDENT

21

THE MUNCIPALITY OF LAMBTON SHORES

PL Report No. 03-2006 Wednesday, January 4, 2006

TO:

Mayor

Ivey and Members of Council FROM:

Patti Scherer Senior Planner

RE: OFFICIAL PLAN AMENDMENT

ZONING BY-LAW AMENDMENT APPLICATION ZO-3/2006

LOCATION: 8768 Rock Glen Road — Arkona

OWNER: William Veens

RECOMMENDATION:

That Official Plan Amendment Application proposed to allow a 1. 2

hectare lot to be severed from an undersized farm parcel of 10

hectares, and results in the creation of lots that are not of sufficient

size for agricultural use and are not suitable to support an efficient

farm unit and to provide meaningful on-site farm employment be

REFUSED as such is not in keeping with the purpose and intent of

the Official Plan and not consistent with the Provincial PolicyStatement.

That Zoning By- law Amendment Application ZO-20/2005 as

submitted requesting that the zoning on the lands be changed from

Commercial Rural 3- 1 to an Agricultural zone which would permitthe creation of a 1. 2 hectare lot which is intended to be used for the

growing of perennials and a residential dwelling be REFUSED as it

is not in keeping with the purpose and intent of the Official Plan and

not consistent with the Provincial Policy Statement. However ZoningBy- law 1 of 2003 could be amended to change the Commercial

Rural 3. 1 ( C3- 1) zoning on the front of lands and the Agricultural 1

Al) zoning on the rear of the property to an site specific Agricultural1Zone which would permit the growing of perennials and a detached

residential dwelling on the whole of lands known as 8768 Rock

Glen Road which have a lot area of 10 hectares and a lot frontage

of 243 metres, subject to the implementing by-law requiring

the lot to have an area of a minimum of 10 hectares and a minimum

lot frontageof 243 metres. REPORT

Summary

of the Application The

applicant, William Veens is requesting: 221.

Official Plan Amendment

The applicant is requesting an amendment to the Lambton Shores Official Plan to allow a

1. 2 hectare lot to be severed from an undersized farm parcel of 10 hectares. The Official

Plan requires that where new farm lots are created that:

a) the severed and retained lots are of sufficient size for agricultural use, includingadequate lands for manure utilization from livestock on the property;

kWJ LIVU Q%-WVVIG4QII% A IGLQIIVUU IWLQ QI%_I VIa IIGLWIIi GIIM characteristics that are suitable to support an efficient farm

unit and to provide meaningful on-site farm employment. The Official Plan doesnot permit the creationof

new non-farm residential lots. Zonina By-law Amendment Application ZO-1/2006 an

amendment to the Lambton Shores Zoning By- law

1of 2003 to change the zoning on the lands from Commercial Rural 3-1 to an

Agricultural zone which would permit the creation of a1.2 hectare lot which is

intended to be used for the growing of perennials and a residential dwelling use. The Commercial Rural3.1 Zone

does not permit agricultural or residential uses. Location The subject lands, which comprise an

area of

approximately

9hectares ( 22 acres) and

have

alot

frontage

of 243 metres (

799ft.),

arelocated

on

the

east side of Rock Glen Road, north of

Townsend Line. The lands abut the Ausable River

to the north. Lands to the west are occupied

by the Rock Glen Campground. Lands to the south are

presently being cropped, but are zoned for

use as a pit. Lands to the east are

zoned for a pit use and arepresently partially used as an active pit. The lands

are occupied by a single detached dwelling and three accessory buildings.

Until recently the lands were used fora commercialgreenhouse garden centre operation. Correspondence - No correspondence has been receivedto date. Backaround WT m lddh. NOlii11N.T.S. UNI The application as submittedis requesting that a 1.

7

hectare lotbe severed from this agricultural parcelfor

the purposes of operating a perennial growing operation. Council should be aware that discussions with the

potential purchaser prior to the application being submitted indicated that the intentof the lot creation was to sever the existing dwelling and farm buildings fromthe balance of the lands for non- farm residential purposes. When no

planning support was indicated for such an application, the idea of a perennial growingbusiness was presented.

Discussion

The lands are currently designated " Agriculture" and " Hazard and Environmental' in the

Lambton Shores Official Plan. The primary use of lands located within the " Agricultural' designation include the growing of crops, including nursery and horticultural crops; raising of

livestock and other animals for food, or fur, including poultry and fish; aquaculture; agro- forestry; maple syrup production; and associated on-farm buildings and structures includingaccessory farm dwellings. Other secondary uses permitted include:

a) Uses that are secondary to the principal agricultural use of the property, including home

occupations, home industries, bed and breakfast establishments, and uses that producevalue-added agricultural products from the farm operation on the property;

b) Farm related commercial and farm related industrial uses that are small scale and

directly related to the farm operation and are required in close proximity to the farm

operation;

c) Existing golf courses;

d) Existing cemeteries and crematoria;

e) Fish and game farms;

D Forestry;

g) Petroleum resources exploration and extraction facilities;

h) Conservation uses; and

i) Limited residential uses.

Section 1. 11 of the Official Plan indicates that a new single detached non-farm dwelling ispermitted to be constructed on a vacant lot of record existing on the date of adoption of theOfficial Plan

The Official Plan indicates that the minimum lot size for agricultural uses shall generally be40 hectares in order to discourage the unwarranted fragmentation of farmland. However, this is not intended to prevent the creation of a limited number of smaller farm parcels. Leasing of land should also be considered as an alternative to creating small farm parcels. The Plan supports the provision of agriculture parcels of sufficient size for long termagricultural use recognizing the need to maintain maximum flexibility for farm operators toengage in differing types of sizes of agricultural operation required for such farm uses as

specialty crop production, which tend to be viable farm units on smaller parcels, due to theintensive nature of the farming operation.

Section 1. 4 of the Plan also indicates that existing parcels of insufficient size shall beencouraged to amalgamate with adjoining farm lands where possible.

21%

Finally, Section 1. 8 of the Official Plan establishes criteria for new farm lot creation;

a) the severed and retained lots are of sufficient size for agricultural use, includingadequate land for manure utilization from livestock on the property,

b) the severed and retained lots are of a nature and size, and have soil and drainagecharacteristics that are suitable to support an efficient farm unit and to provide

c) the size of the severed and retained lots conforms to the requirements of the ZoningBy-law,

d) despite the lot area requirement of Section 1.4 above, land may be severed from a

farm parcel for lot addition purposes provided that the retained lot is a minimum of 40

hectares and the severed land is added to an abutting agricultural land holding, and

e) land can be severed for agricultural purposes from a non-agricultural lot provided thatthe severed land is added to an abutting agricultural lot. The retained non-

agricultural lot must meet the minimum lot size required forwater supply andsewage

disposal. The viability of small farm units is the issue with these applications. Approximately 50 % of the subject lands form part of the Ausable River Valley and are associated with theRock Glen ANSI (Area of Natural and Scientific Interest) and are not adaptableto agricultural

use. This leaves approximately 4.5 hectares for agricultural purposes. If the applicants

are permitted to sever 1.7 hectares for their purposes away from the balance of the lands

the remaining parcel will have a useable area of 2.8 hectares. So this application will resultin the creation of two undersized parcels, both of which in my opinion do not representviable farm parcels, which will provide meaningful onsite farm employment. At best theoperation proposed isa second income to an urban family and a

hobby. This application represents a further fragmentation of this agricultural parcel. Thisproperty has been subject to two previous severances. The first separated the lot to the north, upon whicha detached dwelling was constructed. In 2002 the lot to the north was severedinto two lots. The consents were approved under the infilling policies of the official planwhich provide as

follows: A severance to create a new non-farm lot may be permitted for infilling purposes, provided Councilis satisfied that the lot to be created and the proposed retained farm lot complywith the following

polices: i) infilling will be limited to the creation of one residential lot betweentwo existing non-farm residences which are on separate lots ofasimilar sizeand which are situated on the same side of the road and are not more than61 metres

apart; ii) only one non- farmsingle -detached residential lot will be permitted tobesevered from an original farm

lot; 2S

iii) the proposed non-farm single -detached dwelling lot meets the requirements of

the Province, the County, the Health Unit and the Municipality regarding water

supply and sewage disposal;

iv) the proposed non-farmsingle -detached dwelling is locatedin compliance

with the Minimum Distance Separation formulae; and

v) the proposed non-farmsingle -detached dwelling lot has direct access to

an improved year round public road and the access does not result in

traffic hazards due topoor sight linesor proximity toan

intersection. The previous Bosanquet Official Plans contained very similar policies. In my opinion the

two previous severances did not comply with the Bosanquet Official Plan and were contrary

to Provincial Policy. The new lots were not located between two non-farm dwelling lots,

nor were they severed from a farm. The use of the property is farm related and not eligiblefor such severance. The second severance was not from a farm parcel, but from a non-

farm residential lot. The severance of existing non-farm residential lots to create additional

non- farm residential lots is not permitted by the Official Plan. Residential growth is not to

occur on lands designatedfor Agricultural, by default, because the size of the parcel renders itnot viable for agriculture. The parcels can continue as they exist. Growth and

residential development are directed to urban areas which are designated for these uses. AsIhave indicated in previous reports, the Municipality of Lambton Shores hasa supplyofresidential lands exceeding the Municipality' s 25 year needs. Severance for infilling purposes is

no longer permitted by the new Provincial Policy

Statement.

In my opinion the purpose of these applications is to provide for a severance to create a

new non-farm residential lot, and is being proposed to assist the owner financially. I haveno objection to the establishment of a perennial growing operation on the underside existingparcel. I cannot however support any amendments to the Lambton Shores Official Plan or

the Zoning By- law that would result in further fragmentation of this already undersized

parcel. There is no justification for the creation of these undersized agriculture lots. The

parcels proposed to be created are not viable farm lots, they will become a non-farmresidential lots. This does not represent good land use planning. The Applicant can

establish their perennial grow operation and their residence on the parcel as it exists. Council should be aware that there are many similar undersized parcels in the rural area forwhich requests of a similar nature could occur.

The subject lands are located within three zone categories. The front half of the lands are in a

Commercial 3. 1 ( C3- 1) Zone. The portion of the lands located adjacent to the Ausable Riverare zoned Environmental Protection - Hazard ( EP -H) and the balance of the rear of the landsare Agricultural 1 ( Al) zone. The C3-1 Zone on the lands is the result of a rezoning request approvedby the Township of Bosanquet Council in 1991, when the commercial greenhouse/garden centre was establishment on the property. The original zone placed on the

lands at that time was a Commercial Rural4.1 Zone. This zone became the Commercial3.1 Zone in the new Lambton Shores Zoning By-law 1 of 2003. In addition to commercial greenhousesthe zone permits the following uses: Abattoir, Agricultural Service Establishment, Agricultural Supply Establishment, Farm Implement Sales Establishment, FarmersMarket, Veterinary Clinic and Stock Yard. The By-law requiresa lot supporting any

of these agricultural related uses provide a minimum lot area of 1, 850 m2 and a lot

frontage of 30 metres. The small lot size is intended to limit the amount of agricultural land

used for agricultural related uses.

Provincial Policy Statement

Section 2. 3 . 1 of the Provincial Policy Statement states that Prime Agricultural areas shall

he nrote ted for to a -tr sefforaaric Itur . Further, Section2 3. 4.e1 omfte Provincial Policy Statement

indicates the following: Lot Creation in prime agricultural areas is discouraged and may

be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for

the type of agriculture common in the area and are sufficiently large to maintain

flexibility for future changes in the typeorsize

of agricultural operations. b) agriculture related uses, provided that any new lot will be limited to

a minimum size needed to accommodate theuse and appropriate sewage

and water services. c) a residence surplus to a farming operation asaresultof farm

consolidation provided that the planning authority ensures that new residential dwellings areprohibited on any vacant remnant parcel of farmland created by severance. The approach

used to ensure that no new residential dwelling are permitted on the remnant

parcel may be recommended by the Province, or based on municipal approached

which achieve the

same objective: and d) infrastructure, where the facility or corridor cannot be accommodated thought

the use of easement or

rights-of-way. FinallySection 2.3.4.3 states " the creation of new residential lots in

prime agricultural areas shall not be permit, except in accordance withpolicy 2. 3. 4.1

c). (See above) The provincial policy statements donot support these applications as they willresult in the creation of lots which are not appropriate for the type of agriculture common

in this area which requires large parcels and are not large enough to maintain flexibility

for change in agricultural operations. The policy statements do not permit the creation ofnew non-farm lots except for disposing ofa farm dwelling which has been rendered surplus asthe resultof a farm consolidation. No consolidation is proposed. Inmy opinion

these applications are not consistent with the provincial policy and should therefore be

refused

as submitted. Summary In light of the above, I cannot recommend that the amendments requestedto allow the creation of a 1.7 hectare lot for a perennial operation be approved. Inmy opinion the applications will result in the creation of undersized farm parcels which are

not capable of supporting any viable farm operation, and thus by default will revert tonon- farm residential uses. These applications are not consistent with provincial policy or with

the

purpose and Z7

intent of the Lambton Shores Official Plan. I recommend the applications as submitted be

REFUSED. I however can support amending the Commercial 3. 1 Zone and the Agricultural1 ( Al) Zone on the property to a zone which would permit the whole of the property to be

used for agricultural uses such as a perennial growing operation as such would be in

keeping with the purpose and intent of the Lambton Shores Official Plan, the Provincial

Policy Statements and good planning principles.

Respectfully submitted,

Patti L. Scherer

Senior Planner

THE MUNCIPALITY OF LAMBTON SHORES

PL Report No. 04-2006 Wednesday, January 25, 2006

TO: Mayor Ivey and Members of Council

FROM: Patti Scherer, Senior Planner

RE: Grand Bend Community Corporation ( South Bend Estates)

Request for Re -allocation of Sewage Capacity for Draft Plan ofSubdivision 38T-04001 LS

RECOMMENDATIONS:

That the concept of re -distributing the allocated sewagecapacity for the Commercial Block 1 to Lots 169 to 218 and 300to 310 of the Draft Approved Plan for the Grand Bend

Community Corporation ( South Bend Estates) be approved in

principle subject to the appropriate public process beingfollowed and concerns from the public being addressed.

REPORT

David Sisco, Planning Consultant for Grand Bend Community Corporation, is requestingthat Council consider re -distributing the allocated sanitary sewer capacity for theSubdivision. Specifically they are requesting that the sanitary capacity allocated toBlock 1, of the Draft Approved Plan, the large commercial block adjacent to Highway21, be re -allocated to the residential component of the plan, specifically to Lots 169 to218 and 300 to 310 of the Draft Approved Plan, which comprise part of proposed Phase2 and Phase 3.

I have asked Mr. William Boussey of Dillon Consulting to review the matter and advise ifthe allocated capacity for the commercial block is equal to that necessary to service the50 residential lots. Mr. Boussey has verified that the allocation would be equal.

This being confirmed, I have no objection to the proposed re -distribution of sanitarysewer capacity, however there are a number of technical issues that requireconsideration by Council for amendment.

First the present zoning on Lots 169 to 218 and 300 to 310 would have to be altered toremove the Holding 6 ( H6) Zoning on lots. As Council will recall a Holding 6 ( H6) Zonewas placed on many of the lots in the Draft Approved Plan to ensure that developmentof the lots did not proceed until sanitary sewer capacity was available. Secondly, anamendment to the Zoning By- law will be necessary to place a Holding 6 ( H6) Zone on

Block 1, the commercial block, to ensure it cannot be developed without the Municipalityassigning sanitary sewer capacity.

Finally, the conditions of draft approval will have to be amended to reflect the changesin zoning and the re -allocation of the sanitary sewer capacity.

A public meeting under the Planning Act is required to be held to achieve the abovenoted amendments to both the Zoning By- law and conditions of the Draft Plan Approval.

Yours respectfully

Patti L. SchererSenior Planner

Municipality of Lambton Shores

SCHEDULE " A"

to By- law No.

Dated this Day of , 2005

Signed: J. C. Ivey, Mayor Detailed Map P

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H1Carol

McKenzie, Clerk LOGK Com mcV'

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APPLICANT: Grand

Bend Community Corporation LOCATION: Part of

Lots 6, 7, 8,

9 and 10; Lake Road

Concession

East Municipality of Lambton

Shores (Geographic

Township

ofBosanquet) File. 13'

1

THE MUNICIPALITY OF LAMBTON SHORES

D.C.S. Report No. 05-2006 January 23, 2006

TO: Mayor Ivey and Members of Council

FROM: Paul Turnbull Director of Community Services

RE: Radio Read Water Meters

RECOMMENDATION:

That the plan to implement new "radio read meters" to the LambtonShores Water System as outlined in D. C.S. Report No. 05-2006 beaccepted and approved.

REPORT

During the Capital Budget review staff presented to Council a plan to introduce " radioread meters" to the water system as part of the rural area water system expansion. Theimpetus for the idea was the need to plan for the installation of new meters for theproperties on Phase III of the expansion and potential on Phase IV. Phase III will alsorequire re -metering of the Arkona customers. An approximate total of 275 meters.

The " radio read meters", called e -coders are a register on the meter that gives a widerange of data regarding household flows automatically at the time of reading. The datecollected by the meter is transmitted by radio signal to a receiver in one of our vehiclesas it passes by on the road. This means that an entire community's meters can be readin a fraction of the time that it now takes with a meter reader person carrying a handheld reader.

The meters also offer us the opportunity to monitor and control individual accounts andto be proactive in identifying abnormalities. As we get these units installed oncommercial accounts we can move them to monthly billing and alert them to any waterissues. Here is a list of the features and benefits of the a -coder system:

1. Increased efficiencies through faster and more regular readings.

2. Proactive water loss identification and notification ( case studies showed 28% ofcustomer base had some form of water leak)

3. Identify potential tamper situations for investigation

4. Identify reverse flow events which highlight any backflow failures.

32,

5. Maintain a 35 day rolling record of readings every 15 minutes that allowsverification of leak situations and identifying timeframe of problems.

6. No need to run wires to outside of buildings thus eliminating vandalism and wiredisconnect issues.

The cost of the a -coder and radio read system is considerably higher than thatpreviously used but I feel the advantages to the customer and the municipality are

significant as noted above. Our current 19mm meter assembly is priced at $ 270. Thisprice included a curb stop, meter, backflow preventor and a pressure reducing valve.

The proposed 19mm a -coder and radio reader assembly is priced at $ 465. Theassembly is the same as above except the register is a -coder and instead of the wiredtouch pad outside we will have the radio transmitter installed near the meter. Theintention would be for us to provide these new meters to new customers and if repairsare required on old meters to replace them with these as well.

As Council can see this is a significant change in the metering system and I will bringforward a report in the future to outline how we would intend to convert the remainingmeters in the system to " radio reed. If there are questions or concerns I would be happyto respond to them.

Respectfully submitted

e- Paul Turnbull

Director of Community Services 33 r

THE MUNICIPALITY OF LAMBTON SHORES

D.C.S. Report No. 06-2006 January 26, 2006

TO:

Mayor

Ivey and Members of Council FROM:

Paul Turnbull Director of Community Services

RE: Status Report 2006 Operating and Capital Programs

RECOMMENDATION:

For Council Information

REPORT

Following the approval of the 2006 Capital Budget staff began the process ofdeveloping a plan for implementation. The following report outlines the status andpreliminary time frames for various projects and undertakings. I would be happy toaddress each of these more fully if Council has questions or requires furtherclarification. These projects are randomly arranged, no prioritization has taken place.

1.) Phase III — Water System Expansion — Trunk supply mains to Arkona andThedford. — this contract has been awarded to VanBree Excavating Ltd andplans are to commence construction as soon as roadside shoulders firm up withcolder weather. We have completed our request to abutting property owners tothese lines for an indication of where they would like their connection located aswell as an indication from them as to projected additional consumption needs. B. M. Ross and our staff are following up with those who have not yet respondedto our request for location and size of service connection.

2.) Phase III — Booster Pump Station — B. M. Ross has engineered this projectand the tender has just closed. An assessment of the submitted bids will beconducted and a recommendation will be provided to Council shortly.

3.) Reconstruction of James St. — Todgham & Case Engineering has beenrequested to undertake the design work associated with the reconstruction ofJames St. and they have begun their data collection for this. Once that iscompleted we will have firmer cost estimates and time frames for this project. Itis anticipated that we can provide Council with a further update in the next monthor so.

4.) Reconstruction of Wellington St. — Todgham & Case Engineering hasbeen requested to undertake the design work associated with the reconstructionof Wellington St. and they are in the process of gathering any available

34I

Report 06-2006 Status Report for Council Page 2

underground information. The preliminary design phase of the project will also

provide us with a final design and construction estimate for the job.

5.) Reconstruction of Deacon St. - Dillon Engineering has been requested toundertake the design work associated with the reconstruction of Deacon St inThedford. This project will entail total reconstruction and replacement of an

undersized waterline along with a storm drainage system to deal with a wet roadbase.

County Roads Department it is now hoped that our proposal to widen the road toaccommodate a bike bath on a paved shoulder will be accepted and we are

hoping to coordinate this work with some other upgrades to Arkona Rd. andMain Street scheduled by the County for this summer.

7.) Parking Lot Upgrades — Gill Road — Grand Bend — Dillon Engineering hasbeen asked to undertake the design of the parking lot upgrades at the Gill Road

parking lot. The new design will incorporate stormwater management, lighting, curbs, paving and some landscaping.

8.) Parking Lot Upgrades — Ontario St. S. — Grand Bend — Dillon Engineeringhave been asked to undertake the design of the parking lot upgrades at this new

parking lot. The new design will again incorporate stormwater management, lighting, curbs and paving as well as some buffer landscaping.

9.) Intersection Improvements Main St./King St. - Forest — the MTO is

currently reviewing the final design of the intersection improvements for this mainintersection in Forest. Once approval has been given we will go to tender on theproject and if possible have the work completed by early summer.

10.) Lambton Shores Community Recreation Complex — Forest — The

Design Build proposals for this project were received on January 26th and are

being reviewed by the steering committee and Dillon Engineering. It is hopedthat the Committee will be in a position to bring a recommendation forward to a

meeting in late March to award the contract.

11.) South Area Master Sewer Study and Environmental Assessment — KenMacKenzie of MIG Engineering has been engaged to assist us with a Requestfor Proposal to put out for this project. Ken will be working with me to puttogether the RFP, to advertise, to receive and assess the responses and tomake a recommendation to Council. Once engaged the firm will go throughmuch the same process as that just completed for the North area.

12.) MacDonald St. Sanitary Sewer Repair — Forest — Todgham & CaseEngineering has been asked to look at this problem and recommend a possiblesolution. We are supplying all the available drawings in our position to see if

35

F-

Report 06-2006 Status Report for Council Page 3

there is a way to direct this sanitary sewer to another outlet and thereby save

doing so much road reconstruction.

13.) Waterline Looping for the End of River Rd. ( Snake Rd.) — B M Ross hasbeen engaged to engineer a looping scheme that will eliminate continual blow offat the end of River Rd. This loop will also serve to deal with the potential deadend line at the Ausable River when the water supply from Parkhill is no longerrequired due to the completion of Phase III of the Rural Strategy.

Other Projects for 2006 currently being reviewed but not scheduled:

In addition to the projects outlined above we are also in the process of developing a

strategy to undertake other projects identified in the Capital Budget, some of those

projects are outlined below along with a brief description of steps or measures taken todate.

Erosion Protection Along River Road - Grand Bend - Staff have submitted a

project consideration request to the Ausable-Bayfield Conservation Authority, howeverearly indications are that the project will not be accepted. Given the amount of bank

slippage and erosion of the toe of the bank more immediate action may be required.

Rotary Trail Resurfacing - Staff will be investigating the best way to deal with thegravel driveway crossings on the trail. Additional information is needed as to whatimpact the vehicular traffic will have on the substandard asphalt thickness.

Eslie Dodge Dredging Project — This project will essentially be overseen andcoordinated by the St. Clair Region Conservation Authority and we will be working outthe logistics of that including timing in the months ahead.

Playground Equipment - Port Franks — The Port Franks Optimist Club will be takingthe lead on this project and staff will be involved in the allocation of the space required.

Hydro Service Upgrade - Grand Bend Harbour - Staff will be putting togetherspecifications for these upgrades in the next month or so and go out for quotes. It is our

hope that this work can be completed prior to the start of the boating season.

Elevator in Beach House - Grand Bend — this project was added to the CapitalBudget during budget review and we have yet to determine our approach toimplementing this project.

Resurface Union and Smith Streets — Arkona — the resurfacing of Union and SmithStreets in Arkona will be added to our asphalt tender call and we will report back toCouncil on timing for the project when those tenders are received.

36

Report 06-2006 Status Report for Council Page 4

Gordon Road Double High Float Surface Treatment — the plan to give Gordon Road

a double high float surface treatment will be incorporated into our operational planningand when timing is known for the work I will advise Council.

Resurface Dalton Subdivision Streets — again like other asphalt work, the

resurfacing of roads in the Dalton Subdivision will be included in a bulk tender processand we will work out scheduling after that.

Shactivate", whenIhave

a firm planand

timeframe in placeI will advise Council. Summary As Council can see there isa

lot

of work ahead in 2006 and a lot of planning and coordination is going to have to take placein order for it all to happen. This is simply a point in time update for Council to let

you know where things stand. It is not a comprehensive outline of everything, just the major projects

aswe identified them. I will continue to update Council regularly on these projects, but in the meantime would be happy to respond to any questions or concerns

that may arise. Respectfully submitted Paul Turnbull Director of Community Services

37

THE MUNICIPALITY OF LAMBTON SHORES

D.C.S. Report No. 08-2006 January 27, 2006

TO: Mayor Ivey and Members of Council

FROM: Paul Turnbull Director of Community Services

RE: New Engineer Report for Manning Drain Extension

RECOMMENDATION:

That Todgham & Case Engineering be appointed to preparea drainage report for a new branch to the Manning Drain as

outlined in DCS Report 08-2006.

REPORT:

A request for drainage works has been received from Oliver Manning at Lot 28

Concession 13 formerly Plympton Township now Lambton Shores for a new municipaldrain branch. This will become a branch to the Manning Drain. The new branch is beingrequested to help drain surface water and provide a better outlet for drainage presentlyout letting in the Sparling Manning Drain. This new drain will help with road drainage on

Brush Road as well. This new branch drain will affect the neighbouring Municipality of

Plympton-Wyoming, therefore their Drainage Superintendent, Frank Kanters has been

notified of the drainage works that may take place. We will be having a new assessment

schedule updated for the Sparling Manning Drain and a new engineer report for the

Manning Drain Branch.

If the request is approved by Council the decision will be forwarded to St. Clair regionConservation Authority for review, after which the Municipality can appoint an Engineer. It is recommended that Jerome Trudell, Todgham & Case Associates be appointed for

the project.

The cost of this work will be distributed among the affected property owners if this

project is approved by Council.

Respectfully submitted

PaulTurnbull Director

of Community ServicesT -r

THE MUNICIPALITY OF LAMBTON SHORES

TR Report No. 07-2006 Thursday, January 26, 2006

TO: Mayor Ivey and Members of Council

FROM:

Janet

Ferguson, Treasurer RE:

Bequeath Notification

RECOMMENDATION:

That the funds bequeathed to the Municipality by Mr. Paul Houstonof Grand Bend be administered as outlined in Treasurer's ReportTR -07-2006.

REPORT

On November 30, 2005 a resident of Grand Bend, Paul Houston, passed away. I haverecently received a letter from the lawyer handling his estate informing us that Mr. Houston has made a provision in his will for the former Village of Grand Bend.

Mr. Houston has kindly bequeathed $ 5,000.00 to Grand Bend with the followinginstructions:

To the Corporation of the Village of Grand Bend, the sum of $5,000.00, for the development ofminor sports within the Village of Grand Bend. "

The will is currently in probate and upon completion of the legal proceedings the fundswill be forwarded to Lambton Shores. I would recommend that the funds received beplaced in a Reserve Fund until a project is identified as per Mr. Houston's wishes.

Respectfully submitted,

Janet Ferguson, Treasurer

39

THE MUNICIPALITY OF LAMBTON SHORES

CL Report No. 06-2006 Friday, January 27, 2006

TO: Mayor Ivey and Members of Council

FROM: Carol McKenzie, Clerk

RE: Transfer of License Agreement —Boondocks Marina Inc.

Recommendation:

That the Mayor and Clerk are authorized to enter into a licence

assignment agreement with the new owner of Boondocks MarinaInc. as outlined in CL Report No. 06-2006.

REPORT

In 2003, the Municipality entered into a 5 year lease/ licensing agreement with the owner

of Boondocks Marina for the use of 66 lineal feet of municipal ( road allowance) propertyat the end of the Poplar Ave. The marina has recently been sold to 2082201 OntarioInc., and the new owner would like to continue with the lease, and has asked the

Municipality to transfer the license rights to the new corporate entity. The originallicensee is agreeable to the transfer of the agreement, and has assigned his rights inthe agreement to the new owner.

The municipal solicitor previously prepared an agreement that could be used for

assigning lease/ license agreements, and the new owners have agreed to the terms andconditions of the agreement. The municipal requirements are that the license fee mustbe paid in full to date and that any legal costs associated with the agreement be theresponsibility of the applicant. The new owner has been apprised of these conditions, and is agreeable.

Attached is a copy of the agreement for Council's review

Respectfully submitted,

2PW CarolMcKenzie

Clerk

THIS LICENCE ASSUMPTION AGREEMENT is made theday

of

2005 BETWEEN THE CORPORATION OF THE MUNICIPALITY OFLAMBTON SHORES OF THE FIRST PART (

Hereinafter referred

to as the "Licensor')

and -

2082201 Ontario Inc. OF

THE SECOND PART (Hereinafter referred to as the "Licensee")

WHEREAS the Poplar Ave Road Allowance is owned by the Municipality of

Lambton Shores, a portion of which is unopened and a portion of which is

covered by the water of the Ausable River;

AND WHEREAS the Municipality of Lambton Shores is empowered under

Section 2 of the Municipal Act, 2001 to manage public assets of the Municipalityas it sees fit;

AND WHEREAS the Municipal Council determined that it was in the publicinterest for the use of part of the said road allowance lands to be licensed for use

by Boondock Marina Inc. for a term expiring on April 30, 2008,

AND WHEREAS the abutting property (10072 Poplar Ave and 7446 RiversideDrive) and the interest of Boondock Marina Inc. with respect to the abuttingproperty in the licence agreement has been transferred to the Licensee;

AND WHEREAS the Licensee has applied for permission to assume the licence

rights enjoyed by Boondock Marina Inc.;

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration ofthe sum of Five ($5.00) Dollars and other good and valuable consideration now

paid by the Licensee to the Licensor, the receipt and sufficiency of which are

04(

acknowledged, the parties agree as follows:

Assignment1. This Licensee represents that it is the successor in title to Boondock

Marina Inc. and has obtained from Boondock Marina Inc. the right to use

the subiect land, subiect to the awroval of the I ir. PncnrConfirmation

of Agreement2. The Parties confirm that there is a valid and subsisting agreement between

the Licensor and Boondock Marina Inc (the "Agreement°), which commenced

on May 1, 2003 and expires on April 30, 2008. A copy of the Agreement

is attached hereto as Appendix1. Assumption

3.

The Licensee agrees to be bound by the Agreement and the Licensor consents

to the assumptionby the Licensee as of the 8th day of November

2005. Capacity

4.

The Licensee and the persons signing on its behalf represent that the Licensee

is a legal person entitled to enter into this Agreement. No

change to Agreement5.

The Agreementis hereby continued without change, other than as required

to implement the terms of assumptionas set out herein. IN

WITNESS WHEREOF the Parties hereto have hereunto causedto be affixed

their respective seals, attested by the hands of their proper officers duly 42,

authorized in that behalf.

SIGNED, SEALED AND DELIVEREDin the presence of

BLB 849411.1

LICENSORThe Corporation of the Municipalityof Lambton Shores

J.C. Ivey, Mayor

Carol McKenzie, Clerk

LICENSEE: 2082201 Ontario Inc.

We have the authority to bind the

company

Name: Title: Name:

Title: G

THE MUNICIPALITY OF LAMBTON SHORES

CL Report No. 07-2006 Friday, January 27, 2006

TO: Mayor Ivey and Members of Council

FROM: Carol McKenzie, Clerk

RE: Appointment of Members to the Property Standards Committee

Recommendation:

That Council appoints members to the Lambton Shores

Property Standards Committee as outlined in CL Report No. 07-2006.

REPORT

Recently, the Municipal By- law Enforcement Officer and Building Inspector issued anOrder to Remedy Violations" under the Property Standards By- law and an " Order to

Comply" to the Building Code on a property in the Municipality.

Section 15.3 ( 1) of the Building Code states that an owner or occupant who has beenserved with an order and who is not satisfied with the terms or conditions of the ordermay appeal to the committee by sending a notice of appeal by registered mail to thesecretary of the committee within 14 days after being served with the order.

Lambton Shores' previous Property Standards committee comprised of 5 members; those being Councillors Bill Weber, Jeff Zavitz, Bess Sniderhan, John DeVet, and NeilWebster, and the Municipal Clerk served as Secretary. These appointments havelapsed, and it is necessary to re -appoint members and a secretary for the committee. The minimum number of members is 3, however, Council can appoint as manymembers as it considers advisable.

The last date to appeal the orders is February 15, 2006, and it would be appreciated ifmembers could be appointed in advance of this date.

Respec ullysubmitted,

Carol McKenzie ClerkF"7

THE MUNICIPALITY OF LAMBTON SHORES

CL Report No. 08-2006 Friday, January 27, 2006

TO: Mayor Ivey and Members of Council

FROM: Carol McKenzie, Clerk

RE: Committee of Adjustment — Decisions from the January 26 meeting

Recommendation:

Receive and File

REPORT

The Committee of Adjustment met on Thursday, January 26, 2006 to hear thefollowing applications:

Louis Desjardine, Agent for Jeff Hudson & Joe Girouard — Application A- 01/ 2006 (Minor Variance)

Con. 3, W. Pt. Lot 26, 9291 Widder Rd.

An application was submitted for a minor variance to allow the Applicants toconstruct an addition to their existing dwelling that would be closer to the top of bankthan permitted.

This application was deferred until the Applicant can provide the Ausable BayfieldConservation Authority with more information.

Jim Frayne, Agent for Carrie Frayne — Application A-2/2006 (Minor Variance)

N. Pt. Lot 16 & N. Pt. Lot 17, Plan 18, 23 Queen St., Forest.

Mr. Frayne, Agent for Carrie Frayne, has submitted an application for a minorvariance to allow an addition onto the front of the existing dwelling. This addition willallow the house to be renovated to be wheel chair accessible.

This application was granted.

I would be pleased to provide any additional information respecting theseapplications

KRespe

ffTRespe tfully submitted, Carol McKe

zie Clerk 45

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES

BY-LAW 14-2006

Being a By- law to authorize the Mayor and Clerk to enter into

license assumption agreement

WHEREAS: The Municipality entered into a 5 year license agreement withBoondocks Marina Inc. in 2003 for the use of 66 lineal feet of

municipal ( road allowance) property at the end of the PoplarAve;

AND WHEREAS: The Boondocks Marina Inc. has recently been sold to 2082201Ontario Inc., and the new owner has requested the Municipalityto transfer the license rights to the new corporate entity.

NOW THEREFORE: The Council of the Corporation of the Municipality of LambtonShores enacts as follows:

1. That the Mayor and Clerk are hereby authorized to sign the License

Assumption Agreement on behalf of the Municipality

2. A copy of the said Agreement is attached as a Schedule "A" and forms

part of this By- law.

Read a FIRST and SECOND time this 2nd day of February, 2006.

READ A THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF FEBRUARY 2006.

MAYOR — J.C. Ivey

CLERK — Carol McKenzie

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES

BY-LAW NUMBER 15

2006 A By-law of the Corporation of the Municipalityof Lambton

Shores to confirm the resolutions of the Municipal Council which wereadopted up to and including February 2,

2006 WHEREAS: It has been expedient that from time to time, the Council of

the Corporation of the Municipality of Lambton Shores should actby resolution of

Council; AND WHEREAS: It is deemed advisable that all such actions that have been adoptedbya resolution of the Council be authorized by By-

law; THEREFORE: The Council of the Corporation of the Municipalityof Lambton

Shores enacts as

follows; THAT all actions of Council which have been authorized bya resolution of the Council

and adopted in open Council and recorded in the minutes ofa Council meeting or the minutes

ofaCommittee of Council and accepted by Council up to and including February 2, 2006

be hereby confirmed;

and THAT any pecuniary interest declared during any Council meetingor Committee meeting

is deemed to be in force and the same as though repeated in this by-

law; THAT THIS BY-LAW is read a FIRST, SECOND and THIRD time and finallypassed February 2,

2006. MAYOR — J. C.

Ivey CLERK - Carol

McKenzieff