and issues - Lambton Shores · PLANNING AND DEVELOPMENT 6.2 CL Report No. 72-2004 — Re: Committee...

THE CORPORATION

OF THE MUNICIPALITY

OF

LAMBTON SHORES Regular

Meetingof Council Forest Meeting Number: 20-2004

Office Copy Dateof

MeetingTime:

Place of Meeting 1.

Callto OrderMonday,

August 16, 2004

7:

00 p.m. Village

Complex,

Thedford

AGENDA2.

Declaration

ofPecuniary orConflict

of Interest3. Confirmationof Minutes from

Previous Meetings3.1 Regular Meeting —

August3, 2004 4. Delegations

and Public Meetings4.

17:00 Les Pomeroy, Dillon Consulting Architect &

Representatives of the Forest Arena Project Committee - Re:

PreliminaryDesign Concept4. 27:15 Tom Prout, Ausable Bayfield

Conservation Authority and Ralph Coe, St. Clair Conservation —

Re: Source WaterProtectionand No -

Man's Land Reports included separately

inagenda package.) 4. 37:45Ray Dobbin,

Engineer— Drainage Consideration Elliott MoloyBranchDrain Improvements Engineer's Report included separately

in Agenda Package) 5.

Correspondenceand Petitions Pages 1-13 14-175.1 Petition receivedfrom representatives of Forest, requesting Council to lobby

theMTO for additional signage on the 402. 18-19 5.2 Forest

Fair Board — Requesting Council deem the Faira

Community Festival.

206. Consideration ofCommittee Minutes and Staff Reports CORPORATE OVERVIEW 6.1The

Chief Administrative Officer will presenta brief Power Point Pfesentation on the statusof various

projects

and issues

currently

being dealt

withby

themunicipality.

PLANNING AND DEVELOPMENT

6.2 CL Report No. 72-2004 — Re: Committee of Adjustment — Applications tobe heard August 26, 2004 COMMUNITY

SERVICES6.

3DCS Report No. 48-2004 — Re: Second Quarter Water Report from OMI 6.

4DCS Report No. 49-2004 — Re: Environmental Assessments ProposedPinery Forcemain and Grand Bend Lagoon Expansion ADMINISTRATION &

FINANCE 6.

5TR Report No. 29-2004 — Re: Tax Rate Comparison6-

6CL Report No. 71-2004 — Re: Building Activitiesto Date 6.

7CL Report No. 73-2004 — Re: Request to Rescind Deeming By-lawBY-

LAWS6.

8By- law57-2004 — Provide for Drainage Works — Elliott Moloy

Branch Drain Improvements6.

9By- law58-2004 — Repeal a By- lawwhich Deemed Part of a Registered

Plan of Subdivisionno to be Registered7.

Accounts 7.

1Accounts for the Month of July, 2004 8.

Councillor Reports9.

New Business 10.

Discussion Period 11.

Confidential 12.

Adjourn 21 -

23 M1

25-

26 27-

29 30-

31 32

33-

35 0.

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES

COUNCIL MEETING MINUTES

Meeting Number: 19-2004

Date of Meeting: Tuesday, August 3, 2004

Members Present: Mayor Cam IveyDeputy Mayor Carolyn JamiesonCouncillor Shirley Andraza

Councillor Bill Weber

Councillor Mark SimpsonCouncillor Ruth Illman

Councillor Gord MiniellyCouncillor Ken Evans

Councillor Jeff Zav

tz Staff Present: C.A.O. JohnByrne Clerk CarolMcKenzie Treasurer JanetFerguson Directorof Community Services PaulTurnbull Administrative Assistant Roberta

Brandon 1. CALL TO

ORDER Mayor Ivey called the Council meeting to order at7:00p.

m. 2. DECLARATION OFPECUNIARY 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 isthe owner ofa business supplying goods to the

Municipality. 3. CONFIRMATION OF MINUTES FROM PREVIOUS

MEETINGS3. 1 Regular Meeting — July

5, 2004 The minutes of the last regular meeting

werereviewed. 04- 0803-01 Movedby: Councillor Minielly Secondedby:

Councillor Zavitz That the minutes from the regular session of Council heldJuly 5, 2004 be accepted as

presented. Carried

Minutes of the August 4, 2004 Council Meeting Business

Arising from the Minutes2

Mayor Ivey asked that the Director of Community Services provide a report for the next

meeting on the breakdown of costs involved for the Alternate Water Supply, GrandBend By-pass Phase 2.

4. DELEGATIONS AND PUBLIC MEETINGS

4.1 Consideration of the Luck Drain Re -construction Report

04-0803-02 Moved by: Councillor SimpsonSeconded by: Councillor Zavitz

That the regular Council meeting adjourns at 7:00 pm and theConsideration of the Luck Drain Re -construction report, held underSection 78 of the Drainage Act, convenes_ Carried

There were no assessed persons in attendance.

Mike DeVos, Engineer with Spriet and Associates explained that the Luck Drain was

originally constructed under a 1951 report. He reported that a field investigation andsurvey had been completed and that the existing tile is in poor condition and too shallowto provide a proper drainage outlet for the affected area. Also, the existing tile isundersized by today's standards, and the existing Shawana Drain open ditch has siltedin therefore is not providing a proper outlet for the existing and proposed upgraded LuckDrain and that a portion of the Shawana Drain ditch bank has eroded and requires rip - rap protection. The estimated cost of the proposed work is $36,700.00.

Deputy Mayor Jamieson asked if provincial funding would be available for the re-

construction and Mr. DeVos noted that as the report was submitted to Council prior tothe July 28, 2004 cutoff, funding would be accessible.

As there were no further questions from Council or the audience the considerationclosed, and it was noted that Court of Revision would.be held on September 7, 2004.

04-0803-03 Moved by: Councillor IllmanSeconded by: Councillor Zavitz

That the Consideration of the Luck Drain Re -construction close at7:05 p.m. and the regular meeting reconvene. Carried

04-0803-04 Moved by: Councillor WeberSeconded by: Councillor Evans

Thatthe

Luck Drain Report, prepared by Spriet and Associates dated the15th day of July 2004, is accepted as presented. Carried6.

13

By-law 11-2003 —Luck Drain Re -construction

Z.

Minutes of the August 4, 2004 Council Meeting 04-

0803-05Moved by: Councillor Weber Secondedby: Councillor Evans That

the following by-lawis read a first and second time: By-

law53-2004 — a by- lawto provide for drainage works — Luck DrainRe -construction. Carried 04-

0803-06Moved by: Councillor Minielly Secondedby: Councillor Zavitz That

the order of the agenda is amended to discuss items 5.1through

6.6at this time. Carried 5.

CORRESPONDENCE AND PETITIONS5.

1Carol Spence — Request to Waive Hall Rental Fee for Benefit Dinner K1

A request has been received from Carol Spence, asking that the rental fee for theForest Memorial Community Centre be waived for a benefit dinner to be held October 1, 2004. This benefit dinner is for a local resident who has a rare form of Arteriovenous.

04-0803-07 Moved by: Councillor IllmanSeconded by: Councillor Simpson

That Council grants Carol Spence's request to waive the Municipalrental fee for the Forest Memorial Community Centre for the

purposes of a benefit dinner to be held October 1, 2004.

Carried

5.2 David J. Price, Ipperwash and District Optimists — Thank You

Correspondence from the Ipperwash and District Optimists has been received thankingCouncil for their continued support of the annual fireworks display held at Ipperwash.

04-0803-08 Moved by: Councillor MiniellySeconded by: Councillor Illman

That a letter of thanks from the Ipperwash and District Optimists for

support of the annual fireworks display be received and filed.

Carried

6. CONSIDERATION OF

COMMITTEE MINUTES AND STAFF REPORTS Planning and

Development a

Minutes of the August 4, 2004 Council Meeting 4

6.1 PL Report No. 12-2004 — Re: Planning Options for Industrial andCommercial Lands in Forest

At the request of Council, the Municipal Planner Dave Posliff submitted a report inresponse to issues in the community of Forest with respect to proposals and demandsfor commercial and industrial lands. There have been recent proposals for the northernpart of Forest for larger commercial parcels; however, Forest has a very limited supplyof commercial lands, particularly in the highway commercial designation. The availablelands are constrained by abutting land uses or topography and would be very difficult todevelop, especially for a large land consumer such as a car dealership or a motel. Thissituation prompted a discussion on the suitability of current land designations and theimpact on future land uses of Forest over the longer term.

After reviewing the in-depth report, Council agreed to initiate the process to declare theindustrial lands on the west side of Highway 21 "surplus to the Municipality's industrialrequirements" and invite commercial proposals from the private sector for those lands.

04-0803-09 Moved by: Councillor MiniellySeconded by: Councillor Illman

That PL Report No. 12-2004 regarding "Planning Options forIndustrial and Commercial Lands in Forest" be received and thatthe recommendation to declare the Municipally owned "Industrial" zoned lands on the west side of Highway #21 in Forest "surplus tothe needs of the Municipality" be accepted and approved and thatstaff be authorized to proceed with the disposal of these lands inaccordance with Municipal policy. Carried

Community Services

6.2 DCS Report No. 44-2004 — Re: Appointment of an Engineer to Re -AssessCertain Drains

Mr. Turnbull reported that water originally assessed to the Elliott Moloy Drain has beendiverted to 4 other drains since the original report was drafted. Therefore, the existingreports for all 5 drains are incorrect, and need to be updated. Ray Dobbin P.Eng. iscurrently appointed to prepare a report on the update of the Elliott Moloy Drain, andtherefore, it was recommended that he be appointed to recalculate the amendedwatershed and assessment schedules of all the drains that have been affected by thewater diversion from the Elliott Moloy Drain.

04-0803-10 Moved by: Deputy Mayor JamiesonSeconded by: Councillor Weber

That Mr. Ray Dobbin be appointed to prepare an Engineer'sReport for the reassessment of certain drains, due to changes incircumstances, as outlined in DCS Report No. 44-2004.

Carried

Minutes of the August 4, 2004 Council Meeting 6.

3DCS Report No. 46-2004— Re: Defore Pump Variable Speed Drive5

Following completion of the Defore Pump Station, it was found that the inlet for thesump chamber and the capacity of the upstream drain were not of sufficient size to feedthe pump that was specified and installed. It is being suggested that a variable speeddrive on the pump motor system be installed, which will be governed by the flow ofwater coming into the sump chamber.

04-0803-11 Moved by: Councillor EvansSeconded by: Councillor Simpson

That MIG Engineering Ltd. be appointed under Section 78 of theDrainage Act to prepare a Drainage Maintenance Report to cover

the installation of a variable speed drive on the pump motor at theDefore Drain Pump Station as outlined in DCS Report 46-2004.

Carried

6.4 DCS Report No. 47-2004— Re: Moloy Rom ph Drain Report for

Maintenance A request for maintenance has been received for the Moloy Romph Drain. This isan old drain dating to the early1900' s and the file does not contain a plan andprofile, which is necessary for maintaining the drain. OMAF has recommended theMunicipality appoint an engineer to prepare a report for maintenance purpose, and the cost ofthis report and subsequent maintenance would be fully apportioned to the property

owners. 04-0803-12 Moved by: CouncillorMinielly Seconded by: Councillor

Simpson That Mike DeVos of Spriet and Associates be appointed, under Section 78 of the Drainage Act, to prepare a reportfor maintenance purposes on the Moloy Romph Drain as outlinedin DCS Report47- 2004.

Carried Administration &

Finance6. 5 TR Report No. 27- 2004 — Re: DraftYTDSummary Financial Statements Members

reviewed TR Report 27-2004regarding the Draft Operating and Capital FinancialSummaries for the period ending June 30, 2004, 04-

0803-13Moved by: Councillor Minielly Secondedby: Councillor Andraza That

TRReport

No. 27-2004 regarding draftyear to date summary financial statements bereceived and filed. Carried 6.6 TR

Report No. 30-2004 — Re: Low Interest Loan and Application S6

Minutes of the August 4, 2004 Council Meeting g

In June of 2003 Lambton Shores submitted an application to the Ontario MunicipalEconomic Infrastructure Financing for a low interest loan for Phase 1 of the WaterWorks Expansion project. Confirmation has been received for a $5,000,000. loan forPhase 1 based on the revised estimate of costs. However, as the original cost estimatesubmitted was for $6,000.000. the original authorizing the loan for the capital worksmust be amended to comply with the new estimate.

The Treasurer also recommended that Lambton Shores submit an application for a loanto finance Phase 2 of the Water Works Expansion project, which is the supply line toThedford and Arkona.

04-0803-14 Moved by: Deputy Mayor JamiesonSeconded by: Councillor Simpson

That Council approves the amendment to By-law 45-2003 and

further, authorizes staff to submit an application for a new loan for Phase3 of the Water Works Expansion project. Carried 4.

2David Sisco, South Bend Estates — Status Update Mr.

David Sisco, of "Planning and Engineering Initiative Ltd.", acting on behalf of "Grand BendCommunity Corporation", presented Council with an update on the Public Open HouseMeeting held July 27, 2004 to discuss the proposed Southbend Estates Development.

At

this public meeting, drawings were availableof the subject property, surrounding land uses,

the existing planning controls, the rationale for the design change, design features ofthe proposed subdivision and the servicing requirementsfor the subject property. Mr.

Sisco explained that the developer was receptive to increasing the lot sizes from 800square metres to 1200 square metres in the mature forested area to retain more vegetation,

and that there were still several issues on the table for discussion before any

draft plan agreement was presented. Questions

were solicited from Council: Councillor

Simpson asked if the increase in lot size for some of this development would meana decrease in the number of proposed residential lots. Mr. Sisco noted that the finaldensity would be the same as the difference would be made up in the less wooded areas. Councillor

Illman asked if peer reports would be done to look at traffic congestion and wastewatermanagement prior to draft plan approval and was advised that the Municipal Engineerwould be reviewing all reports dealing with this development. Deputy

Mayor Jamieson inquired if a traffic study was available and was advised that thiswork was to commencein the near future. FA


Although this was not a public meeting, Council allowed questions and comments fromthe audience.

Mr. Warren Hickingbottom asked that consideration be given to using Klondyke Road as

the construction entrance during the construction phase to prevent traffic congestionand to keep the roads clean and clear and was advised that this issue would bediscussed with the developer.

Mr. Hickingbottom asked if this development would require a buffer zone for theresidential area that is planned along the river, and was advised that there was a 'towpath" adjacent to the river which is public property.

Mr. Jamie Colliver reiterated the need for both tree preservation and a traffic study. Hefurther advised that several of the area Community Associations had hired a planner toreview this development and anticipated that Council would be receptive to the list ofsignificant issues that the associations had with this development. Mr. Colliver was

advised that Council would take all issues into consideration prior to any zone

amendment or draft plan approval.

Ms. Stephanie Donaldson expressed concern with the impact this development couldhave on area heath care facilities and schools as well as whether or not theMunicipality's sewage system had the capacity to accommodate higher volumes ofeffluent. She further raised concern with the traffic volume during the summer monthsin Grand Bend.

Mr. Bill Harvey, Southcott Pines, asked what financial significance this developmentwould have on the current taxpayers of Lambton Shores should the sewage lagoonsneed an expansion and this issue was discussed.

04-0803-15 Moved by: Councillor WeberSeconded by: Councillor Simpson

That the application for a plan of subdivision and zone amendmentsubmitted by Southbend Estates be deferred to the September 71', 2004 meeting for a further update. Carried

6.7 CL Report No. 65-2004 — Forest Agricultural Society — Application for a

Minor Variance

Lambton Shores owns the Forest Fair Grounds, on which the Forest Agricultural Societyhas several buildings. The Agricultural Society would like to construct additionalwashrooms and storage at the buildings and have asked for Council's permission as theland owner. Council had no objection to the proposed additions.

Since the one addition will not conform to the setback requirements in the zoning by- law, it will be necessary to apply to the Committee of Adjustment for a minor variance.


The Agricultural Society asked the Municipality to waive the fees for this application. Council did not support this request.

04-1803-16 Moved by: Councillor MiniellySeconded by: Councillor Zavitz

That Council has no objection to the Agricultural Society's proposalto construct additional washrooms at the Commercial Exhibition

Building and an addition to the Agricultural Exhibition Building for

storage on the Forest Fair Grounds property and further;

That the Agricultural Society, as tenant, be required to submit a

minor variance application as the proposed addition for storage willbe too close to the Jefferson Street road allowance. Carried

6.8 CL Report No. 66-2004 — Re: Crossing Guard — Kinnwood Public School

There is a safety issue during afternoon dismissal at Kinnwood School in Forest, atwhich time, buses are entering and exiting, children are crossing the street to meet

parents parked on the west side of MacDonald Street, as well as children leaving theschool property on foot and bicycles. A crossing guard had been requested for thecorner of Morris and MacDonald Streets for the safety of the children. It was noted thatit was not as congested during the mornings and noon hours, as arrival times are

staggered with buses arriving before most pedestrians, and many of the students

remaining at the school for lunch. It was determined that a crossing guard should be

provided for afternoon dismissal for the balance of the 2004 school term.

04-0803-17 Moved by: Deputy Mayor Jamieson

Seconded by: Councillor Illman

That funds are allocated to provide a crossing guard at the corner

of Morris and MacDonald Streets (Forest) at afternoon dismissaltime for the balance of 2004 at an estimated cost of $750.00

Carried

6.9 CL Report No. 67-2004 — Re: Request Received to Purchase a Portion of theErie Street Road Allowance

Council reviewed a request from Mari Cole, to acquire the land that the family cottagesits on, which is entirely on part of the Erie Street road allowance in Port Franks. Council stated they would be willing to consider the request as it was dealing with an

existing situation. With respect to the sale of Municipal land, the Municipal Act 2001

requires a Municipality to declare the land surplus, either by resolution or by-law, obtainat least one appraisal, and give notice to the public of the proposed sale. The Coleswould be responsible for all costs associated with the transfer, including the publicnotice, appraisal fees, survey costs, legal fees, the purchase price of the parcel of land, staff time and any other costs related to the sale of the property.

tf'i


0803-18Moved by: Councillor Weber Seconded

by: Councillor Zavitz That

Council agrees to initiate the process to declarea portion of the ErieStreet road allowance where the Cole cottage sits surplus to the needsof the Municipality and staff is authorized to proceed with the MunicipalAct requirements for the disposal of Municipal land of a portion

of the Erie Street Road Allowance, as outlined in CL Report No. 67-2004. Carried E

6.10 CL Report No. 68-2004 — Re: Crime Stoppers Signs — Request for an

exemption from Certain Provisions of the Bosanquet Sign By-law

A request has been received from Crime Stoppers for approval of the signage alreadyerected on Port Franks Road within the "Control Area" and Ipperwash Road and alsothat the applicable fees be waived. Council had no objection to the sign on IpperwashRoad however, the sign in Port Franks has been defaced several times and residentshave complained that it interferes with people biking and walking, therefore, Council didnot support a sign in this location.

04-0803-19 Moved by: Councillor IllmanSeconded by: Councillor Andraza

That the Municipality grant a sign permit to "Crime Stoppers" toerect an educational sign on Ipperwash Road and provide an

exemption from Section 4.4.1 of the By-law, which requires the

applicable fee to be paid and further,

That the "Crime Stoppers" be asked to remove the sign on PortFranks Road. Carried

6.11 CL Report No. 69-2004— Road Name Changes —Emergency Response 9-1-1

Council discussed the need to change duplicate road names within the Municipality thatresulted from amalgamation to ensure timely emergency response. After a fulldiscussion on the issues, it was agreed that the process to change the duplicatednames be initiated as per the Clerk's report. It was also requested that main roadswithin the commercial area of each former Municipality keep the original name with theformer Municipality added to the name — IE Forest Main Street

A recorded vote was requested on the following motion:

Deputy Mayor Jamieson YesCouncillor Andraza YesCouncillor Weber YesCouncillor Simpson YesCouncillor Illman Yes

Q

Minutes of the August 4, 2004 Council Meeting Councillor

Minielly Yes CouncillorEvans No CouncillorZavitz Yes Mayor

Ivey Yes 04-

0803-19Moved by: Councillor Minielly Secondedby: Councillor Illman That

the Municipality initiates the necessary actions to eliminate theduplicate road names and roads with duplicate names and differentsuffixes with the Municipality of Lambton Shores as per CLReport No. 69-2004. Carried 10

6.12 CL Report No. 70-2004— Re: Committee of Adjustment— Applications heardJuly 22, 2004

Information on the decisions made by the Committee of Adjustment at July 22, 2004Meeting was presented in CL Report No. 70-2004.

04-0803-20 Moved by: Councillor SimpsonSeconded by: Councillor Zavitz

The CL Report No. 70-2004 regarding decisions from the July 22, 2004 Committee of Adjustment meeting be received and filed.

CarriedBy-laws

6.14 By-law 54-2004— Being a By-law to Amend By-law 45-2004

04-0803-21Moved by: Councillor Weber Secondedby: Councillor Andraza That

the following by-lawbe read a first, second and third time, passedand number appropriately, signed by the Mayor and Clerk andengrossedin the by-lawbook: 54-

2004 — Being a By- lawto Amend By-law45-2004 (Borrowing). Carried6.

15By- law55-2004 — Authorizing Certain Capital Works 04-

0803-22Moved by: Councillor Weber Secondedby: Councillor Andraza That

the following by-lawbe read a first, second and third time, passedand number appropriately, signed by the Mayor and Clerk andengrossedin the by- law book: O6


2004 — Authorize Certain Capital Works. tarried 6.

16By- law56-2004 — Confirming Resolutions 04-

0803-23Moved by: Deputy Mayor Jamieson Secondedby: Councillor Evans That

the following by-lawbe read a first, second and third time, passedand number appropriately, signed by the Mayor and Clerk andengrossedin the by-lawbook: By-

law56-2004 — Confirming Resolutionsto Date. Carried 7.

ACCOUNTS The

accounts from the month of June, 2004 were reviewed and approved. 04-

0803-24Moved by: Councillor Simpson Secondedby: Councillor Illman That

the accounts for the month of June totaling $3,691,094.23be accepted

as presented. Carried 8.

COUNCILLOR REPORTS 11

Deputy Mayor Jamieson advised that the Association of Municipalities of Ontario was

alerting all Municipalities on the state of emergency in Peterborough due to theexcessive flooding recently, and Deputy Mayor Jamieson asked the Municipality todonate $400.00 to the relief fund for this cause.

04-0803-25 Moved by: Deputy Mayor JamiesonSeconded by: Councillor Evans

That the Municipality donate $400. to the Flood Relief Fund for theCity of Peterborough. Carried

She further advised that the Provincial Government had terminated the grant programfor Municipal drains.

Councillor Andraza asked that a letter of thanks be sent to the Grand Bend Lioness fortheir donation of picnic tables and benches to the Grand Bend Beach House.

Councillor Simpson advised that the Red Cross Disaster Seminar held recently at thePort Franks Community Centre with the Ausable Port Franks Optimsits had beenextremely informative and encouraged other service clubs to get involved.

9. NEW BUSINESS

Ma


DCS Report No. 45-2004 — Re: Gordon Road Waterline Distribution Extension

There is a waterline running north from the reservoir and pump station in Thedford to a

point just past the Kennedy/Widder intersection with Gordon Road that couldprovide water to the adjacent residents. Requests have been received from most ofthe properties along Gordon Road to connect as soon as possible, thereforeCouncil granted permission to the Community Services Director to put this project outfor quotations to local contractors rather than go toa formal tender

process. 04-0803-26 Movedby: Councillor Andraza Seconded by: Deputy

Mayor Jamieson That staff be authorized to request quotes for theGordon Road North waterline installation from selected local contractorsand that the costs for this project be distributed as outlined inDCSReport 45-

2004, Carried Mr. Turnbull further asked if the storm drain, sidewalk and jersey barrierproject along Highway #81 from Main Street tothe Shopper' s Drug Mart be put out forquotationsto local contractors rather than going toa formal tender process in order to speedup

theprocess. 04-0803-27 Movedby: Councillor Weber Secondedby:

Councillor Simpson That staff be authorized to solicit quotations fromselected local contractors for the storm drain, sidewalk and jerseybarrier project along Highway #81 and that the costs for this project besubjectto Council

approval. Carried 10.

DISCUSSION PERIOD Mr. Fred Pinarello restated the need for Council . to look at differentmethods of mitigating the traffic flow in the Grand Bend area and noted that theHuron Woods Association was not involved with hiring a planner to look over thisnew development near Grand Bendas other

associations were. Mr. Eugene Dorey asked that the Ministryof Natural Resources becontacted regarding the parking congestion atthe Ministry' s parking lot at Ipperwash and asked

for more parking enforcement

at Ipperwash. Mr. Jim Hansen asked several questions onthe Municipality' s plan todeclare land North of Forest surplus, the low interest loan rate for infrastructure, thepossibility of closing up Eureka Streetto prevent speeding at the Fair Grounds, and the needfor the Municipality to change duplicated road names. He further raised safetyissues with respect to the egress from the

Village Complex Za


Councillor Simpson advised that he had received several phone calls regarding theblack soot on Ipperwash Beach and was advised that the Municipality was intending totake a different approach to cleaning this up next year.

11. CONFIDENTIAL

04-0803-28 Moved by: Councillor MiniellySeconded by: Councillor Zavitz

That the meeting resolves into a closed session at 9:55 p.m. todiscuss a legal and property matter and will reconvene

immediately thereafter. Carried

Council rose from the Closed Session at 10:05 p.m. and there were no reportsemanating from this session.

12. ADJOURN

04-0803-29 Moved by; CouncillorAndraza Seconded by: Councillor

Simpson That the meeting adjourns at10:05p.m.

Carried 13

ELLIOTT MOLOY

BRANCH DRAIN

Engineer: Ray Dobbin

Consideration of the Engineer'sReport1. Engineer's report.

2. Notes onCouncil's role and general

information. Draftby-law is in theby-law section of

the

agenda. 3. Comments from the Conservation

Authority. Note: The report will be required for the Court

of Revision — if you would like to return your report

to me, I will bring it to the Courtof

Revision

Y•

CONSIDERATION- Elliott Moloy Drain

After the Engineering report has been completed, Council must hold a meetingto consider the report' (consideration) at which the Engineer's recommendationsare presented to the assessed persons and the proposed works are discussed.

Notice is sent to all the assessed owners, the affected agencies or bodies, and any other agency specifically listed in the report

At the meeting to consider the report, or the "Consideration", the Council will

provide the assessed persons an opportunity to discuss the proposed works.

NOTE. This is not the meeting to discuss the costs assessed to each

property— this is done at the Court ofRevision.

The report was written under Section 78 of the Drainage Act, which deals withmaintenance and repair to an existing drain.

Resolutions needed:

a. Open consideration

Ray Dobbin will provide an overview of the request, and the process to date. Assessed persons are provided an opportunity to discuss the merits of the

project.

b. Close consideration

c. If there is general agreement with the report, a resolution is passed adoptingthe report IE:

That the Elliott Moloy Branch Drain report, prepared by Ray Dobbindated July 14, 2004, is adopted as presented.

If there is an objection or issue raised with the report, the Engineer will adviseCouncil how it will need to be addressed. It may be possible to resolve some

issues at the Court of Revision; however, if the issues are major, the report mayneed to be referred back to the Engineer for revision. .

d. If the report is adopted, the 1St and 2" d reading of theby-law can beVP day which sets the date for the Court of Revision, which in this case isthe 7t

dayof

September, 2004. Thedraft by- law is included inthe By-law sectionof

the

Agenda 3.

S R

vrRavyEhr4

00 ZZanF; m = n m AUSABI -. BAYFIELD CONSERVAT' ON AUTHORITY March

31, 2004File: L.2.11. R.

R. # 3, 71108MorrisonLine, Exeter, OntarioNOM1S5519)

235-2610 Fax (

519) 235-1963e-

mail: info@abca. on.ca

rwaw.abca.

on.ca

LAMB FrON

reES st office o

Carol

McKenzie, Clerk APR 0Z

2006 ouralemher

1 Municipalityof Lambton Shores Municipalities: IP.O. Boxbio RECEIVEDForest, ON NONI JO

AdelaideMeIcatje DearMs. McKenzie: Bluewarer Re: Preliminary

Meeting for

the Elliott -

Moloy Municipal

Drain Lots

19-21,

Concession4

and5

CentralHuron

Municipality of

Lambton Shores, Ward of Bosanquet Huron East We acknowledge receiptof your correspondencedated March 24, 2004 regarding the above - noted

matter and wesubmit the followingcomments: Lambron Shores ON Regulation46/

95 (Fill, Construction and Alteration to Waterways Regulation) Lucan Biddulph We have no concerns with the scopeof the work as presented inthe preliminary reportsubmitted to this officewith regards

of Ontario Regulation 46195. Wedo however recommend the tliddlesex Centre incorporation of a grassedwaterway overtop of thenewly constructed drain in ordertocurtail any surface erosion

problems. As capacity through the newly constructed drain will increase, we North Middlesex wouldwould like to ensure that provisions forsufficient outlet protection occurs. We recommend that form ofenergy dissipater ( rip rap/rock chute) be incorporated into the design. We would like to be informed

of any subsequent meetings or design changesso

that we may follow the Perth South progress ofthe report and comment if necessary. SouthHuron Aswe understand, the work consistsof the construction ofa new subsurfacetile drain designedto create sufficient capacity within the existing drainage basin. The newsubsurface drain will Warwick replace the existing subsurface drain and the original drainage works will thenbeabandoned. The main drain to

the south of Ravenswood Line

will be twinnedto provide a greater drainage coefficient on the downstream end. LestPerth Section35: Federal Fisheries Act The Ausable Bayfield Conservation Authority has signed aLevel II Agreement with the FederalDepartment of Fisheries and Oceans (DFO) to

review proposed works with respect to their implicationson fish habitat. Section

35(1) of the Fisheries Act stipulatesthat: Noperson

shall carry onany

work or

undertaking thatresults

in theharmful

alteration, disruptionor

destruction offish

habitat. " 2 G, }

51 g wwmma sou

tz mnwnou oerww Nf,wot[ 4,.,wR,

The Elliott -Moloy Municipal Drain is a 'tiled' watercourse. The receiving watercourse is the GoldenCreek Drain, a Class "C" drain (warm water with baitfish). It is to our understanding that no work is tobe done on, or along the Golden Creek Drain. If any work is to occur on the Golden Creek Drain we willneed to be notified as soon as possible as an Authorization Drain Maintenance will need to be issuedunder the Fisheries Act. This letter of advice is issued based upon the information as submitted to thisoffice.

In addition to the measures set out in the project proposal, the following mitigation measures, ifincorporated into the project, are intended to prevent any potentially harmful impacts to fish and fishhabitat:

i) work

shouldtake

place during periods of lowor no flow; ii) a sedimenttrap should be constructed at the outlet, and monitored through the construction period; iii) Thatprovisions for outlet protectionbe incorporated into the works. iv) that all activities, including maintenance procedures, should be controlled to prevent theentry of petroleum products, debris, rubble, concrete or other deleterious substances intothe water. Vehicle refueling and maintenance should be conducted away from thewater.

If the proposed works are carried out as described in the submission provided and if theadditional mitigation measures listed above are implemented, the proposed drainage works will not beconsideredas contravening Section35(1) of the Federal Fisheries Act. As such, an authorization underSection35(2) of the Fisheries Act shall not be necessary. However, if the scopeof works shouldchange appreciably or if the mitigation measures arenot implemented creatinga harmful alteration, disruption

or destruction of fish habitat (HADD), prosecution under Section35(1) of the Fisheries Act maybe initiated against the Municipality and

Contractor. I trust this information is clear. However, if you have anv further questions in this regard, please donot hesitate to contact our

office. Yours

truly. AUSABLE BAYFIELD CONSERVATION

AUTHORITY Davin

Heinbuck Lands and WaterTechnologistDH;

dh CC. DFO Sarnia, Attn: Tracy

Allison Raymond Dobbin, P.Eng., 5075 Shiloh Line, RR#1, Petrolia. ON. NON

1R0

12

Caroi McKenzie, Clerk, Municipality of Lambton Shores, Forest, Ontario

NONIJO

August 7, 2004

Dear Carol:

Re: Request for further lobbying with the Ministry ofTransportation to improve signagethatdirects the traveling public from 402 to Forest. Many

residents and business owners in Forest are concerned with the lack of trafficand business

through this area this summer. We believe that this situation is due in part to While

construction and the lack of clear directionsto highway er and Forest. 4

A While we realize that thisisa provincial project, we, theundersigned, respectfu y request that you attempt further lobbying with the province regarding

this issue. , Please provide acopyof this petition to the mayor

and council./

E-

op -

r

rJ

u

FOREST AGRICULTURAL

SOCIETY

BOX 1399

FOREST ON

NON 1

JO August 12,

2004 Liquor License

Boardof

Ontario DearSir/

Madam: The Forest and DistrictAgricultural Societywould like to apply fora liquor licenseforour refreshment tent for the datesof September 24, 25 & 26, 2004. This is being held

in conjunction with our annual fair

weekend. The hoursof operation of the tent will be Friday, 6:00p.m. to1:00a.m., Saturday, 12:

00p.m. to6:00p.m. and Sunday, 1:00p.m. to7:00p.

m. The proceeds from the refreshment tent will be used for our Junior Departmentdisplays and for our local4-H competitions and displays throughout the

year. If you have any questions concerning this, please do not hesitate to contact

me. Yours

truly,

Judy Slaughter, Secretary

c.c TownofForest Ontario

Provincial Police Lambton

HealthUnit

Forest

Fire Department

20

THE MUNICIPALITY OF LAMBTON SHORES

CL Report No. 72-2004 Date: Thursday, August 12, 2004

To: Mayor Cam Ivey and Members of Council

From: Carol McKenzie. Clerk

Re: Committee of Adjustment — Applications to be heard August 26, 2004

Recommendation:

For information only.

Report:

The Committee of Adjustment will meet on Thursday, August 12, 2004 to hear the

following applications:

Don & Sherry Gray— Application A-1612004 (Minor Variance) Mr. &

Mrs. Gray have submitted an application for the property located at Lot 110, Plan433, West Parkway Dr., Ipperwash. TheApplicant is requesting relief from Sections 3.3.3a), 3.3.4, and 12. 1c) of the Lambton

Shores Zoning By-law1 of 2003 which states the following: Section3.3.3a) states that an accessory building or structure which is not attached tothe main building shall not be erected in any yard other that the interior side yard orrear yard. The Applicantis proposing to erect an accessory structure in the front yard.

Section3.3.4states that all accessory buildings or structure on a lot in any residentialzone shall not exceed 67 square metres in total size. The Applicant is requesting

a total size of 160 square metres. Section

12.1c) states that a garage is accessory to a permitted use which means that

a permitted use must be constructed before an accessory use. The Applicantis proposing

to constructa garage prior to the constructionof a dwelling. No

correspondence has been received to date. Forest

Agricultural Society— ApplicationA-1712004 (Minor Variance) The

Municipality of Lambton Shores has given the Forest Agricultural Society permissionto submit a minor variance application for the property located at Con. 14,

E. Pt. Lot 29 & Plan 14 Lots A,B,C, & Plan 15 Lots 1 to 7 and N. Pt. Lot 8, 45 JeffersonStreet, Forest. TheApplicant is requesting relief from Section 45.2e) of the Lambton Shores Zoning

By-law1 of 2003 which states that the minimum exterior side yard setback is 6metres. The Applicant is requestinga setback of 3 & 4. 87metres in order to construct

an addition onto the existing fair building. No

correspondencehas been received at this time.

Philip Walden, Agent for Christina Fritshe— Application A-1712004 ( MinorVariance)

Mr. Walden has submitted an application for the property located at Plan 3 West Pt. Lot 1, 4 Ann Street, Forest. The Applicant is requesting relief from Section 7.2 c) & f) of the Lambton ShoresZoning By-law 1 of 2003 which states the following: Section 7.2 c) states that the minimum front yard setback shall be 6 metres. TheApplicant is requesting a setback of 5.5 metres to allow a proposed carport to bebuilt in line with the existing dwelling. Section 7.2 f) states that the minimum exterior side yard setback is 6 metres. TheApplicant is requesting a setback of 5.75 metres for the same reason.

No correspondence has been received to date.

Richard & Francine Snow— Application B-0912004 (Consent) Mr. &

Mrs. Snow have submitted an application for consent to severa parcel of land forthe property legally known as Plan 611, Lot 111, Alfred Cres., Port Franks. The proposedsevered parcel would have a frontage of 39. 80feet ( 12 m), a varied depthand would front onto Alfred Cres. The retained parcels would be the same size

as the severed parcel and would also front onto Alfred Cres. As both the severedand retained parcels are to be merged with the properties on either side, no new

lot will be created. No

correspondence has been received at this time. Brad &

Janice Oke—ApplicationB-10/2004 (Consent)

Mr. & Mrs. Oke have submitted an application for consent to sever a parcel of landfor the property legally known as Lot 51, Plan 734, 10132 Merrywood Drive, GrandBend. The proposed severed parcel would have a frontage of 22.75 m, a depth of73 m and would front onto Merrywood Drive. The retained parcel would have a

frontage of 22.75 metres, a depth of 81.5 metres and would also front onto

Merrywood Drive.

Mr. & Mrs. Oke have also submitted a minor variance application to request relief forinsufficient lot area and insufficient lot frontage.

No correspondence has been received to date.

Should you have any questions, please call Jackie Mason at 786-2335

Respectfully submitted,

Carol McKenzieClerk

22.


DCS Report No. 48-2004


From: Paul Turnbull Director of Community Services

Re: Second Quarter Water Report from OMI

Recommendation:

For Council Information

Report:

August 4, 2004

Although not a requirement by law we are presenting the second quarter Water Reportfor your general information. (Included separately in agenda package)

I have requested a couple of reporting changes that will help us interpret the report in a

more meaningful manner. I have also asked that the "Background Count' be shown foreach of the samples taken. And lastly I have asked that the "definitions' section be

expanded to show the acceptable levels in each category so it is evident as to which

sample was the one that produced the adverse result.

We are pleased to once again report that although there were a couple of adverse

results, the re -sampling showed there was not a problem with our water system or

supply.

These reports will be available for public viewing on the web and at the three MunicipalOffices.

Respectfully submitted

iPaul

Turnbull Directorof Community

ServicesZy.


DCS Report No. 49-2004 August 11, 2004


From: Paul Turnbull Director of Community Services

Re: Environmental Assessments — Proposed Pinery Forcemain and Grand Bend

Lagoon expansion

Recommendation:

That Dillon Consulting be engaged to carry out the Class EA study for the

Forcemain and Pump Station for the Pinery and for the proposed expansion of

the Grand Bend/South Huron Sewage Treatment facility as outlined in DCS

Report No. 49-2004.

Report:

As requested by Council Dillon Engineering is currently undertaking the development of a

Lambton Shores Sewage Master Plan that when completed, will provide the municipality with a

valuable planning document that will allow it to more effectively assess development proposalsand the expansion of its sewage collection and treatment infrastructure. This study is

underway and is expected to be completed later in October.

This report is in regard to two other sewage related projects that need to take place within

Lambton Shores and this is an update on those projects and is intended to receive Council

authorization to proceed.

Pinery Forcemain Proiect

Lambton Shores has been in discussion with the Ministryof Natural Resources for nearly a year

now on the plan to developa forcemainto direct flows emanating from the Pinery ProvincialPark to the Grand Bend Lagoons for treatment. A Draft Letter of Intent is in progress forthis project and a cost sharing formula has been agreed upon. It has also been agreed by bothparties that Dillon Engineering would undertake an EA on this forcemain project in tandemwith an EA for the Pinery Collection System. The estimatedcost for this project is 60,

000.00and cost will be shared between the Ministry and Lambton Shores on the basis of flows. We will await the executionof the Letter of Intent before proceeding with this project. In

summary this EA process involves: 1.

Refinement of the preferred site for the pumping station and preferred route for the forcemain

as recommendedinthe Grand Bend Servicing Master Plan. 2.

Public and agency consultation will be conducted as part of the Grand Bend Servicing MasterPlan. 050

3. The preparation of an inventory of the environment potentially affected by the project.

4. Documentation of the screening process in an Environmental Screening Report.

5. Following the completion of the report a "Notice of Completion" will be issued and

circulated as required by the Class EA.

Grand Bend/South Huron Sewage Lagoon Expansion:

As Council is aware with the proposed inclusion of sewage flows from the Pinery Provincial

Park as well as flows from other areas in the Highway #21 corridor north of the Ausable River

Cut pressure will be felt to expand the Grand Bend/South Huron sewage treatment facility. In

anticipation of the Ministry withholding any consideration or approval of the Forcemain projectpending the completion of an EA relating to the expansion of the treatment facility we feel it

would be prudent to proceed with that EA in tandem with the Forcemain EA.

This EA would determine:

1. A long term service area, including Hwy 21 corridor and South Huron lands

2. Sanitary sewage servicing needs that include assessment of the impact of developmentand the Pinery on the system.

3. The approximate timing and cost of construction of upgraded facilities including cost

sharing schedules over the next 20 years.

The cost of this work will be $66,000 with completion expected by mid November 2004.

Although most of the cost of preparing the Grand Bend Sewage Treatment Facility Service

Area Master Plan will be borne by the Municipalities, some of the cost can be shared with the

service area's major customers including the Pinery, South Bend Estates and other majordevelopers.

Summary

As Council can see, Lambton Shores is taking a strategic approach to the management and

expansion of its wastewater collection and treatment infrastructure. The Lambton Shores

Sewage Master Plan will assist that effort greatly.

I am seeking Council approval, at this time, to proceed with the EA's for the Pinery Forcemain

and Grand Bend/South Huron Sewage Lagoon expansion.


Paul Turnbull

Director of Community Services


TR. Report No. TR -29-04 DATE: July 23, 2004


From: Janet Ferguson, Treasurer

Re: Tax Rate Comparison

Recommendation:

For Information Only

Report:

Attached to this report is a comparison of the tax rates within the County ofLambton and a comparison of the Lambton Shores rate to neighbouringMunicipalities.

Similar to last year, the Lambton Shores tax rate is the sixth lowest of the elevenin the County of Lambton. The positioning of the municipalities is virtuallyunchanged from 2003. The municipalities that have rates that fall below theLambton Shores rate generally have a majority of rural area and typically do notsupply costly services such as street lights and paving.

When reviewing the Neighbouring Tax Rate comparison, please keep in mindthat the ratio's are set at the County level and vary from County to County. InHuron the commercial rate is a factor of 1.1% of the residential rate, in Middlesexthe commercial rate is a factor of 1.14% of the residential rate while in Lambtonthe commercial rate is a factor of 1.67% of the residential rate. In summary thecommercial rate is higher and the residential rate is lower in Lambton Countycompared to Huron and Middlesex Counties.

This report was to update Council on the first tier municipal rates within LambtonCounty and the surrounding municipalities.

Respectfully submitted,

4—..JJanet

Ferguson,

Treasurer

County of Lambton Tax Rate Comparison2004

Zg• Municipal

Rate Only CTRT - FT 3829 Cityof Sarnia0 072368050.00739489. 0. 001848723818 Villageof08

Springs _ _. 0. 01204131 0 .007187910. 0017969- - -8 3879Townof Petrolia0.611755U 0.007017490.00175437 3815Township ofBrooke-Alvinston 0.010524130.00628225 3631Villageof PointEdward 0.009132860. 00545175- 3845 Municipality ofLambtonShores

0- 008517480.005084400. 001271101 Townshipof Warwick0.

00764482 0. 004563480.001140873806 Townshipof Dawn Euphemia 0

00707202

60653911 0.00422755 0.00105539 3805 TownshipofSt. Clair0 0.00390344 0. 000975863816 TownshiofEnniskillen 0.0175696940.00340072 0.000850183835 minTownof Plympton-Wyoming _ 00056549660. 00337566 0.00084392h changechangechange 100.000.00 of assessment CT to LS RT to LSFTto LS 3829

City ofSarnia_ 1.238.81 45.44%° 739.49 45.44-% 184.87 45.4-4% 3818 VillageofOil Springs1204. 1341. 37% 718. 7941. 37% 179. 7041. 37% 3819

Town of Petroliai---- -- 1. 175.58 38.02% 761. 7538. 02% 175.44 38.02% 3815 Townshipof Brooke-Alvinston 1,052. 4123. 56% 628.

2323.56% 157.0623.56% 3831 VillageofPoint Edward

913.297. 22% 545.18 7230/ 73629. 7. 230% 3845Municipalityof LambtonShores

851. 75 0.00% 508.44 0.00% 127. 11 0. 00% 3841 Township

of Warwick 764. 48_ 1025°% 10. 25% 114.09 10.25% 3806 Townshipof Dawn Euphemia707. 2016.

97°% 456. 35_ 422.16_ 16.97%- 105.54 16. 97% ot- ClairTownship3805 _ _ - - _ - _ of653. 912323% 390.34- 23.23 /° 97.5923. 23°% 3616township Enniskillen569. 693.3__.1__1% 3.3_. 1_

t_% 65.0233.17% 3635 TownofPlympton- Wyoming _ 565. 5033.61% 3.40_. 0_7___ 337.57

3-3.6-1-% 84.3933.

61°% Total

Tax Rate for

8700, 000. 00of Assessment CT RT FT Education0. 01986052_ 0.00296000._ 0.00074000 County of Lambton0. 008222410. 004908260.00122707change change change CT to LS RT to LS FT toLS 3829 City of Sarnia- _ - - --. 4 047. 10 10.58°% 1,526.3217. 84% 381. 58 17.

84% 3818 Village of OilSprings 4012._12 9___63%__ 9 15-6- 5.6216. 24% 37641 16. 249'° 3819 Town

of Petrolia 3,983.88 8.85°%

1,488. 58 14.92%

372A4 14.92% 3815 Township of Brooke Alvinston 3860. 715. 48% 7,415. 059. 25°% 353. 76 3831Village ofPoml Edward3,721. 581. 68°% 1, 332. 00

2.84°% 333. 00

2.84 /° 3845 Municipalityof Lambton Shores 3, 560. 04 D. DO% 1,295.27 0.00°A 323. 82 0. 00% 3841 Township of Warwick_ _ 3, 572. 78 2.38°% 1,243. 17 4.02°% 310. 79 4. 02% 3806 Township of Dawn Euphemia 3.515 50 495% 1, 206.986.

66%

30225- 6.66% 3805 Township of St. Clair _ 3, 462. 20 5.41°% 1,177.179.12°% 294. 29 9. 120/. 3816 Township of Enniskillen3377. 99 7.71°% 1,126.90 13.00% 281.73 13.170°/ a 3835 Town ofPl m-

Wom ptonin 3,

373.- 79_ 7.82°% 1,- 124. 39-- 13. 19% 28110 13. 19°% Z g•

Neighbouring Tax Rate

Comparison 2004 Municipal RateOnly

CT RT FTLambton Shores 1 0.00851748] 1 0.00508440 0.00127110North Middlesex

0.008603431_ 0.

00751457; 0, 00187864

SouthHuron - BaseWard 1 (Exeter)

0. 006248010. 00568DO10.00142000 Ward2 (Stephen) 0.00521893 0.00474448

0.00118612 Ward3 (

Usborne) 0. 0052189310.

00474448 0.00118612: Bluewater0. 00516074' 1

0. 00469158' T 0.001172901100.000.00 of assessment CT change to LS RT change to LS changeFT toLS LambtonShores 851.751 0. 00%1 508.44 O.OD°% 127. 111

o.53% NorthMiddlesex 860.341. 01° 751. 46, 47. 80°%1 187.86'

47.80°% South Hu( n - 1 Ward 1 Exeterter) Ward2 ( Stephen)_ Ward 3 (Usborne) 624.80 t521.891 521. 8926.64 /° 38.

73% 38. 73°% 568. 00474. 45474. 45. 11. 71% 6.69°%' 6. 69% 142. 001118. 61118. 61' 11. 71% 6.

69% 6.69% Bluewater 516.07 516.0739. 47%j 469.167.

73°%i 11 97.73% I iTotal Tax Ratefor $ 100, 000. 00 of

Assessment CTRT FT LambtonShores 0. 0366004111

0.012952661,

10.

00323817 North Middlesex0. 03078169, 0. 01488144! 0.

00371536I

South Huron - Base

Ward 1 ( Exeter) 0.02555642, 0.0145125910.00362815 Ward 2( Stephen) 0. 02452734' 0

013577M '

j0. 00339427 Ward3 ( Usborne) 0.

02452734 0.01357706' 0.00339427: Bluewater

0.02446915 0. 013' 52416'

0.00338105 I changechangeCT toLS RTtoLS FT LambtonShores 3,660. 04! 0.

00%j

1,

295.27: 0. 00%' 323. 8210.00% NorthMiddlesex 3,078. 1715.

90% 1,488. 1414.

89% 371.54 14. 74°% SouthHuron -Base Ward1 (

Exeter)

2,555.64 30.17°% 1451.26 12.04% 362.82, 12. 04°% Ward 2 (Stephen) 2, 452.73! 32. 99% 1, 357.714.82%I 339.4314. 82% Ward 3 (Usbome) 2, 452.731 32. 99%1

1,357.

7114.

8211/ o339.43 4.82% Bluewater2, 446.92! 33. 15%1 1,352. 424.

41% 338.1114.41%

29.


CL Report No. 71-2004 Date: Wednesday, August 11 2004



Re: Building Activities to Date

Recommendation:

InformationOnly— Receive and File Report

Attached are the statistics for the Lambton Shores Building department for the month of July2004, with a comparison to July 2003, and a year to date summary and comparison for 2004and 2003.

As the statistics indicate, the building department has been extremely busy in July, with thebuilding permit revenues exceeding $ 24,400.00, with a value of construction of over

3,000,000.

With the activities to date, it is anticipated that August will also be a busy month, with thecontinuation of building activities in the newest Huron Woods phases, and with lots beingdeveloped in the new M.T. Johnstone Development — Village Crossing.


Carol McKenzieClerk

30.

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CL Report No. 73-2004 Date: Thursday, August 12, 2004



Re: Request to rescind a deeming by-law

Recommendation:

That the request submitted by Jack Lasenby to repeal by-law 211997, passedby the Council of the Town of Bosanquet is approved, and thatall costs associated with the registration of the by-law, water line frontage

charge and the installation of a curb stop to service the property

be the responsibilityof the applicant/ propertyowner. Report:

When

the regional water line was installed in Bosanquet in the late 1990' s, many peoplewho owned vacant lots adjacent to their homes went through the process of deemingthe lots not to be in a plan of subdivision" to merge the lots together. In mostcases, the homeowner treated the lots as one large lot, and did not see the valuein receiving two water connections. Such was the case with lots 14 and 15, Plan512. Lot 14 had a house, and Lot 15 was vacant. The

owner is now interested in selling the properties individually, and has asked Councilto repeal By-law2-1997. With the repeal of the by-law, the lots will revert backto their original dimensions. No additional buildings were constructed after the lotswere "deemed" therefore; there should not be an issue of insufficient setbacks fromlot lines. As

noted above, the vacant lot did not pay the frontage charge associated with the waterlineinstallation, therefore, before water can be supplied to this property, the waterconnection fee, and any costs associated with the provision of a curb stop for theproperty will need to be paid. This should be noted on any zoning reports or tax certificatesissued for the property. In

addition to those costs, all costs associated with the registration of the by-lawin theRegistry Office in Sarnia would be the responsibilityof the property owner. Respectfully

ubmitted, Carol McKenzie

Clerk

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES

BY-LAW NUMBER 57 OF 2004

A By-law to provide for drainage works in the Municipality of Lambton Shores in the

County of Lambton known as the Elliott Moloy Branch Drain Improvements

WHEREAS: The Council of the Municipality of Lambton Shores in the County ofLambton has appointed Ray Dobbin under Section 78 of the DrainageAct, 1990 as amended, to prepare a report respecting the Elliott MoloyBranch Drain and the report is attached hereto and forms part of this

By-law.

AND WHEREAS: The estimated total cost of the improvements is $ 29,316.00

AND WHEREAS: $ 29,316.00 is the amount to be contributed by the assessed owners inthe municipality for construction of the drainage works.

THEREFORE: The Council of the Municipality of Lambton Shores pursuant to the

Drainage Act, 1990 enacts as follows:

1) The report dated July 14, 2004 and attached hereto is hereby adoptedand the drainage works as therein indicated and set forth is herebyauthorized and shall be completed in accordance therewith.

2) The Corporation of the Municipality of Lambton Shores may borrow on

the credit of the Corporation the amount of $ 29,316.00 being theamount necessary for construction of the drainage works required fromthe assessed residents.

3) The Corporation may issue debentures for the amount borrowed lessthe total amount of:

a) grants received under Section 85 of the Act;

b) commuted payments made in respect of lands and roadsassessed within the municipality

c) money paid under Section 61 (3) of the Act; and

d) money assessed in and payable by another municipality; and such debentures shall be made payable within the timedetermined by the Municipality, but no less than five years fromthe date of the debenture and shall bear interest at a rate

charged by The Ontario Municipal Improvement Corporation on

the date of sale of such debenture.

33•

4) A special equal annual rate sufficient to redeem the principal andinterest on the debentures shall be levied upon the lands as set forth intheSchedule to be collected in the same manner and at the same timeas other taxes are collected in each year for 5 years after the passingof this By-law.

5) All assessments of $50.00 or less are payable in the first year in whichthe assessment is imposed, and shall be deemed to be taxes, and theprovisions of the Municipal Act as to the collection and recovery oftaxes and the proceedings that may be taken in default of paymentthereof, apply.

6) This By-law comes into force on the passing thereof and may be citedas the " Elliott Moloy Branch Drain Improvements -2004 ".

FIRST READING August 16, 2004

SECOND READING AND PROVISIONALLY ADOPTED August 16, 2004

MAYOR J.C.

Ivey CLERK - Carol

McKenzie THIRD READING ENACTED this day of ,

200 MAYORJ.C.

Ivey CLERK - Carol

McKenzie W.

By-law 58/04, Page 3

Moloy Elliott Branch Drain Improvements

NOTICE OF SITTING OF COURT OF REVISION

NOTICE is hereby given that a Court of Revision will be held at the Thedford VillageComplex,

corner of Main and Pearl Street. Thedford on Tuesday, September 7th at 7:

15p.m. in the evening to hear any owner of land, or where roads in the local Municipality are

assessed, any ratepayer, who complains that his or any other land or road has been assessed

too high or too low or that any land or road that should have been assessed, has not

been assessed or that due consideration has not been given or allowance made as to type

of use of land, who personally, or by his agent, has given notice in writing to the Clerk of the

Municipality that he considers himself aggrievedfor any or all such causes. Carol

McKenzie, Clerk Any

owner may appeal his/herassessmentto the Court of Revision by giving notice of the appeal

and reasons in support of the appeal to the Clerk of the Municipality of Lambton Shores

NOT LATER THAN 10 DAYS PRIOR to the first sitting of the Court of Revision. LAST

DAY FOR APPEALS TO BE ACCEPTED: August 27, 2004 Notice

to be sent to: Municipality of Lambton ShoresP.O. Box 610, 19 Ann Street

Forest, Ontario NON WO Attention:

Carol McKenzie, Clerk If

no notice of intentionto make applicationto quasha By- lawis served upon the Clerk of theMunicipality within ten days after the passing of the By- lawor where a notice of intentionhas been given, if an applicationto quash is not made to the referee within three monthsafter the passingof the By-law, the By-lawor so much thereof as is not the subjectofor is quashed upon any such application, is valid and binding accordingto its term, so far

as it prescribesor directs anything within the proper competenceof the Council: The DrainageAct, 1990, Section 58 (2). 35.

THE CORPORATION OF THE

MUNICIPALITY OF LAMBTON SHORES

BY-LAW NUMBER 58 OF 2004

Being a by-law to repeal aby-law which deemed part ofa RegisteredPlanof Subdivision not to be

registered WHEREAS Section50( 4) of the Planning Act, R.S.O. 1990, Chapter349, authorizesa Municipality to designate any planof subdivision or part thereofthat has been registered for eight years or more not to be a registered planfor subdivision control

purposes; AND WHEREAS itwas considered expedient in order to adequately control

the development of land in the Municipality that aBy-law be passed pursuant tothe said Section50(

4); AND WHEREAS it is now deemed appropriate to repeal aBy-law which

was previously enacted under Section50(

4); NOW THEREFORE the Council of the Corporation of the Municipalityof Lambton Shores enacts as

follows: 1. By- law 2of 1997 (Town of Bosanquet), which deemed a registeredplan of subdivision or parts thereof not to be registered for thepurposes of subsection4 of Section 50 of the Planning Act, 1990, ishereby repealed as it appliesto the

following lots: Registered Plan 512 Lots 14

and 15 READ A FIRST AND SECOND TIME THIS 16th DAY OF

AUGUST, 2004. READ A THIRD TIME AND FINALLY PASSED THIS 16' DAYOF

AUGUST,, 2004. Mayor J.

C. Ivey Clerk

Carol McKenzie 36.

and issues - Lambton Shores · PLANNING AND DEVELOPMENT 6.2 CL Report No. 72-2004 — Re: Committee...

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Transcript of and issues - Lambton Shores · PLANNING AND DEVELOPMENT 6.2 CL Report No. 72-2004 — Re: Committee...