CAN thistime. · Minutes and Staff Reports 6.1 Forest Town Centre B.I.A. Board Meeting Minutes — Oct. 12, 2005 18 6.2Forest Town Centre B.I. A. Board Meeting Minutes — Nov. 16,

CANCE En THE CORPORATION OF THE MUNICIPALITY

OF LAMBTON SHORES Regular

Meeting of Council Meeting

Number: 07-2006 Date of Meeting: Thursday,

March

2, 2006 Time: 7:00

p.m. Place of Meeting: Village

Complex,

Thedford AGENDA Pages 1.

Call to Order2. Declarationof Pecuniaryor

Conflict of Interest3. Confirmation of Minutes

from Previous Meetings3.1 Regular Council Meeting —

February 16, 20061-14

4. Delegations, Public Meetings & Presentations 4. 17:00 p.m. Public Meeting — Re: Proposed Fees See CL

Report No. 15- 2006 pages 4. 27:05p.m. Sarnia- Lambton Business Development Corporation — Mary Alderson, Community Economic Development Officer — Re:

Services Available for Community Businesses 15 4.3 7:20p.m. Public Meeting — Re: Zone

Amendment Application Applicant: John & LeeMunn Property Address: 9792 Lakeshore Road Requestto change thezoning from Future Development to Residential See PL Report

No. 07- 2006, pages 27 - 31 4.47:35 p.m. Lambton Shores Tourism Committee -

Judy McLellan — Re:

2006 Tourist Season 16-

17

5. Correspondence &

Petitions

None at

this time.

C" 3q0A 3 AA36. Consideration of Committee

Minutes and Staff Reports6.1 Forest Town CentreB.I.A. Board

Meeting Minutes — Oct. 12, 2005 18 6.2 Forest Town Centre B.I.

A. Board Meeting Minutes — Nov. 16, 2005 19-216.3 Forest Town

Centre

B.I. A. Board Meeting Minutes — January 18, 2006 22-26 Planning6.4 PL Report

No. 07- 2006 — Re: Zoning By- law Amendment Application ZO-04/2006 27-31

6.5 PL Report No. 08-2006 — Re: Application for

Draft Plan of Subdivision Approval File No. SD2005- 1 — South Winds Development Co. Inc. 32-

366.

6 TR Report No. 10- 2006 — Re: Draft 2005 Year to Date

Un -

Audited Financial Summary 37-41 6.7 TR Report No. 11-2006 — Re: Council

and

Committee Member Remuneration 42-43 6.8 TR Report No.

12- 2006 — Re: 2006 Education Tax Rates and Tax Policies 446.9TR Report No. 13-2006 — Re:

Tax Arrears 456.10 CL Report No. 15-2006 — Re: ProposedAmendments to Municipal Fees

Includes By-law

19- 2006 46- 506. 11 CL Report No. 16- 2006 — Re: Committee of Adjustment —

Applications heard February 23, 2006 51-

52 Corporate and Strategic

6. 12 C.A.O.

Report No. 10-2006 — Re: Appointment of Design Build Firm — Lambton Shores Community

Recreation Complex, Forest

Available at the Meeting)

7. By- laws and Resolutions 7.1By-law 19-

2006 —

Amend the

Fees for

Harbour Services,

Animal Redemption &

Fire Services

See pages

49 -

50

7. 2

By- law

20-

2006 — Confirm Resolutions to Date53

8.

Accounts No

Accounts for Council's Consideration9.

Councillor Reports10.

New Business 11.

Discussion Period 12.

Confidential 13.

Adjourn

THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES

Council Meeting Minutes

Meeting Number: 06-2006

Date of Meeting: February 16, 2006

Members Present: Deputy Mayor Carolyn Jamieson

Councillor Bill Weber

Councillor Mark SimpsonCouncillor Gord MiniellyCouncillor Ken Evans

Councillor Jeff Zavitz

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

Treasurer Janet FergusonPlanner Patti Scherer

Media Present: Gord Whitehead, The Standard

Lynda Hillman-Rapley, The Lakeshore Advance

1. CALL TO ORDER

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

2. DECLARATION OF PECUNIARY OR CONFLICT OF INTEREST

Deputy Mayor Jamieson Ivey asked members to declare any conflict of interest or

pecuniary interest that they may have and Councillor Zavitz declared a conflict with theaccounts, as he is the owner of a business supplying goods to the Municipality.

3. CONFIRMATION OF MINUTES FROM PREVIOUS MEETINGS

3. 1 Regular Council Meeting — February 2, 2006

The minutes of the regular meeting of Council held February 2, 2006 were reviewed.

06-0216-01 Moved by: Councillor MiniellySeconded by: Councillor Evans

That the minutes of the regular meeting of Council held the 2nd dayof February, 2006 be accepted as presented. Carried

3.2 Budget Deliberations Council Meeting — February 8, 2006

The minutes of the budget deliberation meeting of Council held February 8, 2006 were

reviewed.

Minutes of the February 16, 2006 Council Meeting Page 2

06-0216-02 Moved by: Councillor Weber

Seconded by: Councillor Simpson

That the minutes of the budget meeting of Council held the 8th dayof February, 2006 be accepted as presented. Carried

Council dealt with other items on the agenda until the scheduled time for the Public

Hearing.

5. CORREPSONDENCE & PETITIONS

There was no correspondence or petitions for Council's review.

6. CONSIDERATION OF COMMITTEE MINUTES AND STAFF REPORTS

6. 1 Strategic Planning Meeting Minutes — February 6, 2006

The minutes from the Strategic Planning meeting with the facility user groups, held

February 6, 2006 were reviewed.

06-0216-03 Moved by: Councillor MiniellySeconded by: Councillor Simpson

That the minutes of the Strategic Planning meeting held February6, 2006 be approved. Carried

Planning

6.2 PL Report No. 06-2006 — Re: Application for Draft Plan of Subdivision

Approval File No. SD2005-01 — Southwinds Development

This report will be dealt with during the public meeting.

Community Services

6.3 D.C.S. Report No. 10-2006 — Re: Grand Bend & Port Franks Marinas — "Blue

Flag" Designations

Chief Administrative Officer John Byrne advised members that the " blue flag" designation for the Grand Bend municipal beach is a project that could be worked in

partnership with the Community Coalition, and Grand Bend Rotary Club, in the joint goalof improving water quality. The "Blue Flag" designation is recognized around the world, and advises visitors to the area that the beach meets or exceeds the highest standardsin the world. The program is comprised of both imperative requirements and guidelinesin the areas of environmental education/ information, environmental management, safetyand services, and water quality.

2


Lambton Shores currently has many of the components on the requirements in place, and would like to proceed with the designation for not only the main beach, but for thetwo municipal marinas as well.

Deputy Mayor Jamieson noted the marina criteria includes as a guideline facilities fordisabled persons, and questioned how this would fit with the existing priorities identifiedby the Accessibility Committee. Mr. Byrne noted that the guideline is to ensure thatMunicipalities are sensitive to these concerns, and would be referring any proposals tothe Accessibility Committee. The first priority would be the designation for the beach,

06- 0216-04 Moved by: Councillor MiniellySeconded by: Councillor Simpson

That staff be directed to develop a strategy for obtaining " BlueFlag" designations for the Grand Bend Beach and Grand Bend andPort Franks Marinas as outlined in D.C.S. Report No. 10-2006 andthat they report back with further information on a strategy, budget, time frames and potential partnerships for further review.

Carried

6.4 D.C.S. Report No. 11- 2006 — Re: Lambton Shores Surface Water QualityBenchmarking Project

Director of Community Services Paul Turnbull outlined in his report opportunities toundertake surface water quality benchmarking in the municipality. Lambton Shores ismandated to carry out surface water testing as part of the Phase III expansion of thewater system, and likely will be required to undertake similar tests if Phase IV proceeds. The information gathered will provide an ongoing record of water quality, and the impactof development, intensification of farming operations and impacts of improvements suchas expansion of waste water treatment systems. Potential partners include the GrandBend Rotary Club and the Community Coalition.

Councillor Weber noted that this project ties into source water protection and it may bepossible to partner with the local conservation authorities to share funding and to ensurethere isn' t a duplication of services.

06-0216-05 Moved by: Councillor EvansSeconded by: Councillor Zavitz

That the proposed Lambton Shores Surface Water QualityBenchmarking Project for assessing water quality in LambtonShores be endorsed in principal and that staff be requested to

report back to Council with a budget, timetable, and potentialpartners for further review by Council. Carried

6.5 D.C.S. Report No. 12-2006 — Re: Grand Bend Connecting Link Proposal — Dillon & MTO

3


Dillon Consulting had been asked to prepare a proposal for consulting services to

review possible solutions to the traffic bottleneck on Highway 21 at the main intersection

in Grand Bend. The municipality would be required to fund the report, and would be

reimbursed by the Ministry of Transportation. Once the MTO project allocations for

2006/2007 have been announced, the Environmental Assessment can begin.


Seconded by: Councillor Minielly

That the attached Dillon Consulting proposal for consultingservices on the Grand Bend Connecting Link be acceptedconditional on the approved funding allocation from the Ministry of

Transport Ontario, expected in the spring of 2006 as outlined in

D.C.S. Report No. 12-2006. Carried

Administration and Finance

6.6 TR Report No. 09-2006 — Re: Ontario Municipal Fund (OMPF)

Treasurer Janet Ferguson updated Council on the funding allocated to the Municipalityof Lambton Shores under the Ontario Municipal Partnership Fund, and noted that the

allocation is slightly higher than anticipated.


That TR Report No. 09-2006 regarding the Ontario Municipal Fund

OMPF) be received and filed. Carried

6.7 CL Report No. 09-2006 — Re: Appointment of a Deputy Chief — Thedford Fire

Department

Recently, the Thedford Fire Department appointed Robert Hamilton as Deputy Chief of

the Department, and Council was asked to ratify the appointment by by- law.

06- 0216-08 Moved by: Councillor Evans

Seconded by: Councillor Zavitz

That By- law 17-2006 confirming the appointment of Robert

Hamilton as the Deputy Fire Chief for the Thedford Fire

Department as outlined in CL Report No. 09-2006 be approved. Carried

06-0216-09 Moved by: Councillor Zavitz

Seconded by: Councillor SimpsonThat the following by- law be read a first, second and third time,

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

By-law 17-2006 — Appointing a Deputy Chief for the Lambton

Shores (Thedford) Fire Department. Carried


6.8 CL Report No. 10-2006 — Re: Amendments Made to the Safe Streets Act,

1999

The Provincial "Safe Streets Act" has been amended to allow fund raising organizationsto take part in " Toll Roads" or "Boot Tolls" on municipal roadways, as long as they are a

legitimate charity, and the maximum speed on the road way is 50 kilometres. A

Municipal by-law authorizing these types of events is also required


That By- law 18-2006 confirming the Municipal policy with respectto the use of Municipal roads and right-of-ways for fund raisingactivities as outlined in CL Report No. 10-2006 be approved.

Carried

06-0216- 11 Moved by: Councillor Weber


That the following by- law be read a first, second and third time,

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

By- law 18-2006 — Regulate the Temporary Use of a MunicipalRoad or Right of Way for a Fund Raising Road Toll. Carried

4. DELEGATIONS, PUBLIC MEETINGS AND PRESENTATIONS

4.1 Public Meeting — Re: Draft Plan of Subdivision Approval File No. SD2005-01

Southwinds Developments Co. Inc.

06-0216- 12 Moved by: Councillor Zavitz

Seconded by: Councillor Weber

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 Draft Plan

of Subdivision File No. SD2005- 01 for property owned by SouthwindsDevelopments Co. Inc. located at 10023 Jenna Road and

8696 Goosemarsh Line. Carried Planner

Patti Scherer reported that the application before Council was for a 30 lot residential

subdivision, which would become Phase2 of the Deer Run subdivision. The lots

all have frontagesof approximately30 metres and an area of 2,000 sq metres, and will

be served with municipal water and individual septic systems. Ms.

Scherer summarized the correspondence received from the various agencies duringthe review period (see PL Report 06-2006 for full details) and the conditions requested

have been included in the draft plan conditions. q


The Ministry of Transportation has noted that there will be no direct access to the

highway, a 15 metre dedication for road widening will be required, as will a daylighttriangle, a storm water management report, and a security fence.

The Ministry of Culture hs reviewed the archeological assessments undertaken, andnotes that there is one significant site that will need to be preserved or excavated.

There have been Peer Reviews of the reports prepared on the natural heritage, septicsystems, storm water and traffic study.

Ms. Scherer advised that the Lambton Shores Official Plan places high regard on thenatural heritage in the area. An environmental evaluation will be required, and will needto comply with the criteria listed in the report. The Municipal consultant Tom Youngreviewed the report submitted and made suggestions for further items to be addressedwhich are also noted in the conditions of draft plan approval.

In summary, the geotechnical study has been approved, piped water is available atJenna Street, the storm water can be handled on the site due to the sandy soils, thetraffic report has been reviewed by Dillon and MTO and both concur that no Highway 21

improvements are required, however, the municipality will require the upgrading ofJenna Road with concrete retainer curbs, and upgrades to Goosemarsh Line. The

Development Charges Study identified Goosemarsh line as a north south link for traffic, the internal road will be built to an urban road standard, similar to Huron Woods so as toretain as many trees as possible, and cash in lieu of parkland will be provided.

In general, Ms. Scherer noted that she feels the lots are in keeping with the generalcharacter of the other lots in the area, and can support the application, with therecommendations.

Councillor Weber asked if the trees would be removed for the full width of roadallowance or be similar to the new phase of Huron Woods with more trees, and Ms. Scherer stated that they would be retaining as many trees as possible.

Councillor Weber questioned why the Ministry of Transportation was requesting a fence, as the deers will cross the road and will not be able to get through, and will go backacross the road. Ms. Scherer noted that if the MTO wanted buffering, there will be the23 m buffer and 15 m road widening and that Council could eliminate that requirementand she would discuss the matter further with the Ministry staff.

It was noted that although this area is within the Wastewater catchment area, the plantexpansion will not be in place when this project commences.

Stacey Graham — Southwinds Development Co. Inc. noted that the goal was to createanother high quality, primarily adult lifestyle community, similar to the existing Deer RunSubdivision. Ms. Graham congratulated Planner Patti Scherer on her comprehensiveand thorough planning report.

Deputy Mayor Jamieson solicited questions from the Audience

1


Peter Stanoyavich?? — Jenna Road noted that he was supportive of the Official Plan

amendment change and attended both the Lambton Shores and County of Lambton

public meetings. He concurs that Deer Run is a quality development, however, he would

like the upgrades for Jenna Road to be the same as those for Timberwood Trail.

In addition, he had a concern that the continuation of Timberwood Trail with the same

standard as Jenna Road may lead to a less distinctive subdivision, and the first phasewill be attractive, and the second phase may not have the same quality infrastructure.

With respect to the cul de sac, he raised a concern that it may never be extended, as

the property owners to the south were not planning on extending the road.

Paul Sovie — owner of the property to the south, questioned the assumption that the

road will go through. Planner Patti Scherer noted that it is imperative to plan for the

future, however, it does not mean that the road will go through. Until the land is owned

by someone who would like to develop it further, the cul-de-sac will remain at the end of

the road.

Paul Sovie questioned if there were plans for a privacy fence at the end of the Cul-de-

sac and Ms. Scherer noted that there were no plans for a fence, however there will be

trees. Ms. Scherer also noted that the Lambton Shores Official Plan requires that for

every tree removed, 2 have to be planted.

Mr. Sovie asked if the septic systems being installed would affect his property and was

advised if installed according to the requirements, there will be no impact on the

adjacent property.

There were no further questions from the audience.

06-0216-13 Moved by: Councillor Zavitz

Seconded by: Councillor Evans

That the public meeting adjourns, and the regular Council meetingreconvenes at 7:30 p.m. Carried


That the Staff Recommended Revised Draft Plan of Subdivision SD2005- 1 ( see

Attachment 1) as prepared by CCUIBI, dated October, 2005 which shows the following:

30 Residential Lots being Lots 1 to 30

a 15 metre wide Road Widening Block (5. 1 m), being Block 34

a 16 x 5 metre visibility triangle being Block 35

0.3 Metre Reserve Blocks being Blocks 36, 37, 38, 39 and 40

Temporary Turning Circle Blocks being Blocks 31, 32 and 33

i


be approved in principle subject to the following conditions:

That the road allowances included in this draft plan shall be shown and dedicated as

public highways. 2.

That the street be named to the satisfaction of the Municipality of Lambton Shores.

3.

That the Owner agrees to provide cash -in -lieu of parkland dedication to the satisfaction

of the Municipality of Lambton Shores. The Owner also agrees that in

the event the Owner requests an extension of draft approval, the date for calculation

of cash -in -lieu of parkland will be from the date of the extension of draft

approval, if applicable. 4.

That the Subdivider enters into a Subdivision Agreement with the Municipality whichshall be registered on the title of the lands once the plan of subdivisionis registered

and which shall satisfy all the concerns of the Municipality, financially andotherwise, which shall include but not be limited to: a)

the Subdivider satisfying the Municipality with respect to the provision of a municipal

water distribution services, which shall be designed and installed in compliance

with and in keeping with the Ministry of the Environment and Municipal

standards. b)

the Subdivider satisfying the Municipality with respect to storm water management

which shall be reviewed and approved by the Municipality, the Ministry

of the Environment (M.O.E.) and the Ausable- Bayfield Conservation Authority.

c)

the Subdivider upgrading Jenna Road and Goosemarsh Line to the satisfaction

of the Municipality. d)

the Subdivider submitting final grading and drainage plans (that address grading

and drainage for each lot/unit, natural vegetation areas and erosion control

measures) for review and approval by the Municipality and if required theAusable Bayfield Conservation Authority. e)

provisions requiring the.submissionof a plan for sediment and erosion control for

the construction phase of this subdivision. 5.

That the Subdivider satisfy the Municipality, the County of Lambton and the Ministry

of the Environment that: a)

The recommendations containedin the report prepared by Atkinson, DaviesInc. dated July 28, 2005 apply to the lots in Draft Plan of Subdivision SD2005-1 b)

The Subdivider enters into a Subdivision agreement with the Municipality whichcontains the following provisions: That

the sewage systems be installed as per the recommendationsofthe k


report prepared by Atkinson, Davies Inc. dated July 28, 2005. The reportwill be included as a schedule to the subdivision agreement which must be

registered on title to the subject lands. It is required, in addition to

operation, maintenance and annual monitoring requirements contained in

the Ontario Building Code ( and administered by the County of Lambton),

that the nitrate levels within the lot be monitored annually ( using per -

approved protocol) to ensure compliance with the Ministry of the

Environments Reasonable Use Criteria. The monitoring results must be

forwarded to the County of Lambton which will provide administration and

manage the records and ensure compliance as required. The costs

associated with the nitrate testing must be borne by the Owner of the

sewage system and, should it be found that the nitrate levels exceed the

MOE's Reasonable Use criteria at any time, the owner of the sewage

system will be responsible for taking any actions necessary to remedy the

situation and for forwarding evidence of compliance to the County.

That a " Notice of Advisory" be applied to the lots. This "Notice of Advisory" will be incorporated into the subdivision agreement that must be registeredon the title of the lot and included in all agreements of purchase and sale

or lease of the lots. The wording of the warning clause must be identical or

similar to the following:

That the sewage system envelope for this lot is required to contain

sufficient area for a "" Waterloo Biofilter and a contingency area

equivalent to the area required for a second treatment unit or 50

square metres, whichever area is greater. The contingency area is to be

available in the event that the first system requires replacement or

additional treatment capacity is required. The size and location of the

sewage system envelope shall be determined in accordance with Ontario

Building Code and the manufacturer's specifications. Under no

circumstances shall any buildings or structures ( i.e. sheds, pools etc.) be

located within the sewage system envelope.

Under the Ontario Building Code, the Owner of the tertiary sewage systemrequired for this lot must enter into a servicing/ maintenance and monitoringof effluent quality) agreement with the sewage system manufacturer. In

addition to the testing required under the Ontario Building Code, the septicsystem effluent must be tested annually to determine compliance with the

Ministry of the Environment's Reasonable Use Guidelines.

As part of a building/septic permit application, it is required that plans be

submitted showing existing and proposed contours; required drainagefacilities ( i.e. swales, ditches, infiltration trenches, etc.) complete with

elevations and direction of flow; the building envelope, including basement

and first floor elevations and municipal setbacks; the rear yard amenities

envelope (for pools, patios, sundecks, etc.); the sewage system envelope, including contingency absorption bed area ( dimensioned and located

relative to property lines), location of the tertiary treatment unit, absorptionbed area and sampling points, and final grade elevations; location of the

VA


required water supply; and a summary of the sewage system designparameters, including septic tank size, pump specifications ( if a pump is

required), manufacturer's specifications and any special requirements or

equipment including the septic system operation and maintenance

agreement, number of bedrooms in the dwelling design ( libraries, dens,

studies, etc. are considered bedrooms), design fixture unit count and a

notation on the plan that the location of the sewage system envelope is to

be fixed, and that no buildings, structures, equipment or materials are

permitted within the sewage system envelope area, temporarily or

permanently, except structures, equipment or materials necessary for the

construction of the sewage treatment system."

The " Notice of Advisory" will include information explaining the septiceffluent sampling and reporting requirements under the Ontario BuildingCode and the Ministry of Environment's Reasonable Use Guidelines as

well as the owners' responsibility for remediation of the system in the eventthat nitrate levels are found to exceed the Ministry of Environment'sReasonable Use Guidelines or the effluent criteria contained in the

Building Code.

The " Notice of Advisory" must also explain that certain assumptions were

made by the engineering firm to complete the nitrate calculations used todetermine the required minimum lot area. The engineering firm assumeda dwelling with the following specifications:

Daily sewage flows of 1000 litres

A proposed dwelling which exceeds any of the above criteria may not be

permitted. Further engineering would be required to support anyvariations in design. The installation of the sewage system for the lot mustbe overseen by a qualified engineering firm which must provide the CountyBuilding Services Department with a letter of compliance for theinstallation.

6. That prior to final approval the Subdivider satisfy the Ministry of Transportation with

respect to the following:

a) That the Ministry receive a copy of the draft M -Plan for review and approval.

b) That a 15 metre wide road widening extending across the entire Highway 21

frontage be dedicated as public highway on the owner's certificate on the final

plan.

c) That a 16 x 5 metre visibility triangle at the intersection of Highway 21 andJenna Road be dedicated as public highway on the Owner's Certificate on thefinal plan.

d) That a 0.3 metre reserve extending across the entire highway frontage, including the visibility triangle be conveyed to the Ministry.

o


e) That the copy of a Stormwater Management Report/Plan indicating theintended treatment of the calculated stormwater runoff is submitted to the

Ministry for review and approval.

f) That the notes to the draft approval include an advisement that all new

residential buildings be located a minimum of 8 metre front the widened

boundary of the highway and that Ministry building/land use and sign permitsare required prior to any grading or construction work commencing.

7. That the Subdivider satisfy the Ministry of Culture with respect to the significantarchaeological resources present on the site.

8. That the Vegetation Management Plan prepared by Biologic dated October 27, 2005, be revised to address the Peer Review Comments contained in the

correspondence from Tom P. Young, Senior Terrestrial Biologist, Dillon Consultingdated February 8, 2006, to the satisfaction of the Municipality and that anyrecommendation or requirements resulting from the revised report be included inthe Subdivision Agreement.

8. That such easements as may be required for utility or drainage purposes shall be

granted to the appropriate authority.

9. That all municipal taxes and local improvements including interest and penaltiesthereon that are owing and payable with respect the lots be paid to date.

10. That the Subdivider satisfies the Municipality that the required 23 metre wide

vegetative buffer required along Highway 21 is appropriately zoned.

Carried

6.9 CL Report No. 11- 2006 — Re: Committee of Adjustment — Applications to beheard at February 23, 2006 Meeting

The applications to be heard by the Committee of Adjustment on the 23rd of Februarywere reviewed.

06-0216- 15 Moved by: Councillor MiniellySeconded by: Councillor Simpson

That CL Report No. 11- 2006 regarding applications to be head bythe Committee of Adjustment at the February 23, 2006 meeting bereceived and filed. Carried

Corporate and Strategic

6. 10 C.A.O. Report No. 08-2006 — Re: Mandatory Retirement Policy — LambtonShores


Chief Administrative Officer John Byrne provided Council with an update on the new

Provincial legislation eliminating a " mandatory retirement" age as of December 31, 2006. Lambton Shores is working on developing a policy incorporating the new

legislation requirements, and will be reporting back to Council with further updates.

06-0216-16 Moved by: Councillor SimpsonSeconded by: Councillor Evans

That C.A.O. Report No. 08-2006 regarding Mandatory Retirement

Policy for Lambton Shores and the recommendations containedtherein be accepted and approved and that staff be authorized toadminister the policy accordingly. Carried

7. BY-LAWS AND RESOLUTIONS

All by- laws had been approved earlier.

8. ACCOUNTS

Accounts for the month of January, 2006 were reviewed and it was again noted thatCouncillor Zavitz had declared a conflict with the accounts as he owns a business that

supplies goods to the Municipality.

06-0216-17 Moved by: -Councillor WeberSeconded by: Councillor Simpson

That the accounts for the month of January, 2006 in the amount of873,091. 35 be approved. Carried

9. COUNCILLOR REPORTS

Councillor Weber gave an update on the Grand Bend Beach Enhancement Master Planproject, and noted that a preliminary meeting had been held with Lloyd Grinham whowas the consultant for the first phase of the beach enhancement project. Mr. Grinhamhas indicated that it would be possible to meet Council's proposed deadline of June2006 for the formal unveiling of the project, and provided a preliminary work plan thatincluded initial consultation, preliminary concepts, public meetings andrevision/presentation of the Master Plan. More details will be provided for review at thenext Council meeting.

06-0216-18 Moved by: Councillor WeberSeconded by: Councillor Simpson

That the proposed work program for the Grand Bend BeachEnhancement project, with an estimated consulting budget of $ 25,000.00 be approved in principle. Carried

Deputy Mayor Jamieson advised that the County of Lambton has made an applicationto the Cultural Capitals of Canada grant to help celebrate the heritage of Lambton

Z


County. Many Lambton Shores groups are working in partnership with the County toobtain this grant, and they have asked for Council's support.

06-0216-19 Moved by: Councillor SimpsonSeconded by: Councillor Zavitz

That the Council of the Municipality of Lambton Shores supportsthe application by the County of Lambton for funding from theCultural Capitals of Canada Program. Carried

10. NEW BUSINESS

The Ausable Bayfield Conservation Authority Foundation had requested a donation tothe annual Conservation Dinner, and had noted that the 2005 donation of 2 nightsaccommodations at the Grand Bend harbour had been appreciated.


That Lambton Shores donates 2 nights transient accommodationsat a Municipal Marina to the Ausable Bayfield ConservationFoundation Annual dinner. Carried

4.2 Wayne McLellan — Re: Brownfield Cleanup in Arkona

Mr. McLellan advised Council of a property south of Arkona which is the site of an

abandoned fuel depot. The property had previously been in the Township of Warwick, and came to the Municipality with the amalgamation. Mr. McLellan had gone to theTSSA, however, they do not consider that situation hazardous. He thought that thetanks buried on site may be leaking into the Hobbs McKenzie, but they are not. TheLion's Club would like Lambton Shores to take over the property, and the Club wouldprepare the land, Lambton Shores would dig out the tanks, and the Club would

landscape and improve the property, with trees and perhaps with a gazebo. The Clubwould like to improve the appearance, but can not handle the liability.

Deputy Mayor Jamieson noted that the report stated that there is no leachate off site, but it doesn't say what is leaking on the property itself.

Mr. McLellan stated that he dipped the tanks last year and there is no water in them, which indicates they are not leaking.

Councillor Minielly asked that staff investigate the costs associated with the clean up, as

depending on the severity of the condition of the tanks, it could cost between 3-4hundred thousand dollars if there is contaminated soil.

Councillor Evans advised that there may be funds available for the municipality to

acquire the land, which could be part of the staff report.

07


06-0216-21 Moved by: Councillor MiniellySeconded by: Councillor Evans

That staff investigate the requirements for the clean up of the

brownfield in Arkona , and report back to Council on options and

possible costs. Carried

11. DISCUSSION PERIOD

There were no questions from the audience.

12. CONFIDENTIAL


Seconded by: Councillor Simpson

That the Council meeting goes in camera at 8:00 p.m. to discuss a

personnel and a legal matter. Carried

Council rose and reported progress on legal and personnel matters.

06-0216-23 Moved by: Councillor Evans


That the Property Standards Hearing on an appeal against the

Order to Remedy Violations of Standards of Maintenance and

Occupancy" and an "Order to Comply" with sections of the BuildingCode be scheduled for 6:00 p.m. Thursday, March 16, 2006.

Carried

Chief Administrative Officer John Byrne reported that there will be an update on the

Mud Creed erosion project at the next Council meeting

13. ADJOURN

06-0216-24 Moved by: Councillor SimpsonSeconded by: Councillor Evans

That the meeting adjourns at 8: 13 p.m. Carried

7C5.

SARNIA- LAMBTON BUSINESS DEVELOPMENT CORPORATION Aff

AmACommunity Futures Development

Corporation Aq§% VwXAle31kThe Sarnia- Lambton BusinessDevelopment Corporation, a Community Futures Development Corporation funded by Industry Canada, isa non-profit organization in existence since 1988. Weare operated bya sevenmember board of directors, consistingof entrepreneurs and professionals from Lambton County, andstaffed

by eight full time employees. Our mandate isto assist small businesses in LambtonCountytobe more successful, creating permanent jobs and wealth in our community. We work with both existing business owners and those whoare

considering startinga new business. We provide: 1. Community Economic Development (CED) 2. Free business consulting 3. Financing ( loansof upto $150,000) 4.

Self Employment Benefit program (SEB) CED: The Community Economic Development officer meetswith local groups to assist with projects that will help small business, such asdevelop proposalsor strategic plans, or enhance employment opportunities. CED can takethree forms — economic or business development, socialor

cultural development, or infrastructure development. Business Consulting: We offer the entrepreneura business

plan outline and advice on how to develop thatplan to include cash flowprojections, and answer any questions around the

operation of a small business. Loans: Financing is availablefor start-up or existing businesses, with loans of up to150,000 at rates of prime

plus 2to 4 percent. SEB: This program is funded by Service Canada toassist unemployed individuals with the startup of full time businesses. It offers those onEmployment Insurance (or those who have had an E.I. claim in the past three years or a

maternity/ parental claim in the past five years) financial support while the businessis starting up. Assistance with business planning, consultation

and networking opportunitiesare provided. Mary

Alderson, B.A., M.A. Community Economic Development (CED) OfficerSarnia- Lambton Business Development Corporation 109Durand Street (at ChristinaStreet) Sarnia, Ontario NTr SA1 Phone: ( 519) 383-1371 or 1-800-263-7047 Fax: (519) 383- 8115 Email: marv(

slbdc. comWeb: www.slbdc.comA Community Futures Development

Corporation

In

Business for

Small Business" S

ARKONA & AREA BETTER

BUSINESS ASSOCIATIONBoz #219, Arkona, ON

Phone — 828-3235

January

23,

2006 Attention: CarolMcKenzie. Mc,

ticD, z

LA ASTON SHORESForest Office JAN 2

6

2006 RECEIVED The businesses within the communitiesof Lambton Shores have been having

some meetings throughout Lambton Shore for the past3 months. We had Michael Lawley

at our last meeting and asked him ifhe would convene our meetings, which he said

yes. We feel that it would be in the best interest of our group to come toa council

meeting in February (the last one), so that we can explain what we are trying to accomplish

for the 2006

tourist season. Unfortunately Carol, Iwill be away until Feb. 13m, butI can talk to you after

that. We have another meeting coming up Feb. 16'h at which time we will

be discussing our

presentation

to council. Thank

youCL, b

Feb

21St, 2006. Dear

Council: We

have strucka committeeof volunteersto try to do some things in Lambton Shores to enhancetourism in general. Our

Committeeis made up of the following people: Arkona — Judy McLellan (Arkona Business Assoc .) Forest — Glen VanValkenburg and Ken McRae (B.I.A.) GrandBend — Jo Tucker ( Chamber of Commerce) PortFranks — Veronica Brennan (MacPherson's) Thedford —

Mary Lou Glen LCSBD — Mary Alderson Chairman — Michael Lawley Councillor — Ruth Ilman We

are coming to council to tell them some of the things that we are working on. Wealso are asking for some financial support to help promote the Lambton Shores area forthe coming 2006 season.

We would also like some direction from council — What kind of marketing and businessdevelopment council feels is needed in Lambton Shores and can we possibly help? Doyou like the thought of a volunteer Tourism Committee and what can we do to help Lambtonshores. Yours

truly, Judy

McLellan Committee

member. 17

FOREST TOWN CENTRE BIASPECIAL BOARD MEETING

OCTOBER 12, 2005

MINUTES

The meeting was held at the Royal Canadian Legion, Forest and called specifically to

prepare the budget presentation for 2006

EXECUTIVE:

ChairpersonVice Chair

Treasurer

Directors

Council RepresentativeOthers Present

Directors Absent

Council Alternate

Administrator

Glen Van ValkenburgJeff Cable

Wanda ShipleyMatt Ferguson, Wanda Shipley, Jeff Cable, Glen Van Valkenburg, George MacDermid, Erik Fraser, Sarah Jane GoodhandRuth Illman

Jeff Cable, George MacDermid

Ken McRae

Order of Business: Forest Town Centre 2006 Budget

Chairman Glen Van Valkenburg called the meeting to order at 7:45pm.

After a complete review of all of the strategic plan items and an overview of the budgetresults from 2005 the directors were invited to provide submissions and input into thebudget for 2006.

After lengthy discussion the final budget documents for 2006 were prepared forpresentation.

MOTION: BIA1005-01 -

That the 2006 Budget for the Forest Town Centre Business Improvement Area beaccepted and forwarded to Council for approval.

Moved By: Ruth Illman Seconded By: Erik Fraser

Carried

There being no further business for discussion the meeting was adjourned at 9:30pm

FOREST TOWN CENTRE B.I.A. BOARD

MEETING NOVEMBER 16,

2005 The November 19, 2005 meeting of the Boardof Directors of the Forest TownCentre Business Improvement Area was held at the Forest Kiwanis Theatreon November16,

2005. Attendance — Glen VanValkenburg Jeff

Cable WandaShipley MattFerguson Erik

Fraser Sarah JaneGoodhand Ruth

Illman Ken McRae —

Administrator Absent - George

MacDermid Call To Order 7:

45pm Motion BIA1105- 1 To accept the minutes of the Directors meetingof September20,

2005 Moved by: JeffCable

Seconded by: Wanda Shipley

Carried Guest Mary Alderson — Sarnia Lambton Business DevelopmentCorporation Mary Alderson addressed the meeting providing information on the

following: she has been in contact witha representativeof Immigration

Canada regarding the requirement ofnew immigrants to begin operating

a business within three yearsof entering Canada. Many havebeen unsuccessful in getting their businesses up and running and arevery interested in the potentialof existing businesses that may be forsale. It appears there are several potential business buyers in theToronto area who have the funding and the desire tobuy Canadianbusinesses that may be for sale. She suggested she would follow up on

this development and forward additional information asitbecomes

available. Rural economic Development — Maryis familiar withtherequirementsofRED regarding available funding for certain projects. This

is normallya matching typeof funding where stakeholders arerequired tomatch funding towarda desired project. More informationwill follow asitbecomes

available.

9

Cultural Capital of Canada — Mary briefly outlined the grantingguidelines of this program for consideration by the Board. Most of the

focus of this program centres in the area of Canadian Heritage. First Impressions — this program is administered through OMAFRA

and involves cooperating with another town of similar size andcharacter to trade " first impressions" information regarding each

respective community. As there was expressed interest in this

program Mary agreed to follow up with further details at a subsequentmeeting. Mary has identified that there are several programs involving variousnet working initiatives that could be of interest and advantage to our

local business community. Mary has offered to assist with our brochure development program andwith designing and implementing a customer survey to gather specificcustomer information that can be used from a marketing perspective.

Presentation Ruth Illman

Ruth provided a Power Point Presentation that has been developed by LambtonShores to be used in various promotional venues. It is the consensus of the board that this

presentation has been very professionally prepared and will be a most valuable tool as we

move forward with our marketing objectives.

Chairman' s Report Glen VanValkenburgGlen reports that our budget for 2006 has been approved by Council. The board

has been invited to participate in focus group discussions with the municipality regardingDown Town Design Guidelines and to be part of the Lambton Shores Strategic PlanningProcess.

Glen further reported that we have received an invitation from the Town to

comment on proposed changes to parking availability on Washington Street. He hasresearched this problem with the affected businesses and suggests that the Board refrainfrom comment due to the fact that this proposal affects specific business only and it is themandate of the BIA to represent only all member businesses.

It has been suggested that the Board forward a letter of gratitude to the KiwanisClub of Forest regarding their continuous involvement in various community projects. Glen further volunteered to draft this letter to forward to the Kiwanis as well as to requestthat it be provided to The Standard for inclusion in their Letters To The Editor column.

Motion BIA1105-2 To accept the Chairman' s Report

Moved By: Erik Fraser

Secondedby: Matt Ferguson Carried

Motion BIA1105-3 That the Board ofDirectors appoint 2-3 representatives to attendthe focus group meeting of the Municipality of Lambton Shores in Conjunction with their

Strategic Planning discussions.

Moved by: Ruth IllmanCarried

Seconded by: Erik Fraser

Motion BIA1105-4 That the Board refrain from comment regarding the proposedparking changes on Washington Street as it is not within our mandate to do so.

Moved by: Erik Fraser

CarriedSeconded by: Matt Ferguson

Motion BIA1105-5 That a letter of gratitude be forwarded to The Standard forinclusion in their Letters To The Editor and to the Kiwanis Club of Forest expressing our

sincere thanks for the Kiwanis ongoing involvement in various community projects. Andfurther, that Glen VanValkenburg be appointed to draft this letter and deliver to therespective parties.

Moved by: Erik Fraser

CarriedSeconded by: Matt Ferguson

Financial Report Ken McRae — AdminstratorFinancial statements were distributed for perusal by the directors.

Motion BIA1105- 6That the financial statementsbe accepted as presented. Moved

by: Sarah Jane Goodhand Seconded by: Erik Fraser CarriedMotion

BIA1105-7 There being no further business —motion to adjourn at 9:35pm Moved

by: Matt Ferguson Secondedby:

Jeff Cable CarriedZI

FOREST TOWN CENTRE B.I.

A. BOARD

MEETING JANUARY 18,

2006 The January meeting of the Boardof Directors of the Forest Town Centre

Business Improvement Area was held at the Forest Kiwanis Kineto Theatre on January 18,

2006. Attendance - Glen VanValkenburg Jeff

Cable WandaShipley MattFerguson Sarah Jane

Goodhand Ruth

Illman Absent - George

MacDermid Erik

Fraser Ken

McRae Call To Order 7:

45pm Motion BIA0106-

1 To accept the minutes of the Board Meeting heldon November 16,

2005 Moved By: Sarah Jane Goodhand Seconded By: WandaShipley

Carried Motion BIA0106-

2 To accept the minutes of the special budget meeting held October 12,

2005 Moved By: Sarah Jane Goodhand Seconded By: Jeff

Cable

Carried GUEST: Maria Armitage — Forest Farmer's

Market Maria updated the Board on the success of the Market through 2005. The

Market finished the year with a cash surplus position of $500 - $600. Very few problems

were encountered and many positive comments were received byshoppers. Plans are progressing for 2006 with the main goal to attract more vendors on

a regular basis. Cost of stall rental willbe maintained at $15.00 per day. One possibility

to attract new vendors could beto encourage current BIA membersto participate. It

is hoped that an earlier opening than last year canbe accomplished for regular vendors

and then be followed with fresh fruits and vegetables, etc. in

season. Marketing strategies are being developed to include the sign from the

Town, which has recently been repainted. Newspaper advertising will commence in the

Spring

22

and flyers mayl be circulated to area campgrounds, golf courses, and throughout BIAmember stores.

GUEST: Rick Goodhand — Down Town LightingRick Goodhand addressed the meeting offering to research ways of increasing the

amount of light emitted by the current lighting in the down town. Rick further offered to

string a set of lights on one of the Christmas wreaths to assess the decorative capabilitiesthat could be generated.

Motion BIA0106-3

That Rick Goodhand be granted permission to clean and/or replace the glassand/or the bulb in one of the lights to assess whether additional lighting can be attained.

Moved By: Jeff Cable Seconded By: Matt FergusonCarried

Motion BIA0106-4

That Rick Goodhand is granted permission to string a set of lights on one of theChristmas wreaths for the purpose of assessing future decorative possibilities and that theBIA will cover the cost of this project up to $250.00 including Wanda decorating thewreath.

Moved By: Sarah Jane Goodhand CHAIRMAN'S REPORT: ADMINISTRAOR'

S

REPORT: Seconded By:

Jeff Cable Carried

FINANCIAL REPORT: The Administrator' s Report and the Financial Reports were unavailable for this

meeting due to the absence of Ken McRae — Administrator who was attending to personalfamily issues.

COUNCIL REPORT - See Attached

Motion BIA0106-5

To accept the report from council

Moved By: Matt Ferguson Z3 Seconded By: Jeff

Cable

Carried

OLD BUSINESS:

Culture Capitals of Canada — Deferred

NEW BUSINESS:

Town of Forest Brochure — Discussion centered on the preparation of a brochurefor the Town of Forest. Suggestions included maps showing directions from Windsor,

Sarnia, London, 402, etc. Suggested to be a three fold brochure including a list of

services, churches, accommodations, theatre/amphitheatre, community centre, shopping, golf courses, restaurants, etc.

Motion BIA0106-6

That the BIA provide $50.00 in BIA Bucks to be used a prizes in an upcomingcurling bonspiel.

Moved By: Wanda Shipley Motion BIA0106- 7Motionto

adjournat 10:

00pm Moved By: Wanda Shipley 294

Seconded By: Matt Ferguson Carried Seconded By: Jeff

Cable

Carried

Council Report For Jan 2006

I -Lambton Shores 2005 year in review. The presentation made to council is on the municipal website, www.lambtonshores. ca. Click on

Lambton Shores 2005 Year in Review". Highlights from the past year include tremendousgrowth, rural water phase 3 approved, reduction in the tax rate, improvements to roadinfrastructure in the Forest area, proposed recreation complex etc

2.The year ahead will involve decisions about: the new strategic plan, Forest Recreation Centre, James and Wellington St reconstruction, construction of rural water phase 3 system to Arkonaand Thedford etc

3.Municipal liability insurance for special community events -process required forgroups eg:Canada Day Committee) to be coveredby municipal liability insurance was reviewed. This requires thatan application be submitted tothe municipality providinga summary of theevent and funding, a listing of the directors of the group, anda followup financial report after the

event. 4.Water and sewer charges —by-law re charges to recover capital costsof installing waterand sewer services to "new users" of the system waspassed. Residential rate for single and semi detached home: water -42061 and sewer— $

1758 5.2 zoning amendments toallow temporary wind testing towers at 6463 Lakeshore Roadand South side ofLakeshore/West of Ipperwash Road, were approved. An open house was also held Jan 18 at the Forest Agricultural Building to provide information tothe community re wind energy systems. There are now 3 test sites in Lambton Shores.

6.Bylaw authorizing borrowing from the " OSIFA-a government infrastructure funding programat lowinterest rates" was approved for the main by pass portionof the water system (phase 2 -to Northvilletower).. We have also been approved through this low interest program for financingofthe Thedford/ Arkonaextension. By-

law to enter intoa funding agreement with COMRIF (federal/ provincial grant of $11 + million for the water system , was also approved.)

7.Parking By-law changesFines for parking on a highway between 2: OOam and 6 am, for parking in the Beach Lot between11: 00 pm and 6: 00 am, parking in a municipal lot between 3: 00 am and 6: 00 am were increasedfrom $40-$45

There will also be a $45 fine for parking on a roadway where no curb exists

Municipal emergency planning -an emergency planning exercise, involving volunteers trained bythe Red Cross last year, will be conducted in early spring. The emergency plan is beingupdated.

9.Water and Wastewater Rate reviewC.N Watson, the muncipality' s consultant presented an updated review ofwater and sewer rates. This review was conducted because of changes in project costs ( ie phase 3 rural water tenderlower than expected), funding and other revenues impacted the revenue required from rates.

2s

Our 2005 by-law projected rates for 8 years with significant increases for 2006 and 2007 to allow

for lifecycle costing etc. The rate recalculation indicates that there is an increase for water but not

as much as projected. Sewer is slightly more

AS per the study proposed rates were:

II Current 2006 RatesI

Provosed

2006 Rates IWater 10: 00-1: 00

Feb 5Legion Super BowlParty Base

rate10. 40/month 10.40 /month

Consumption

1.81/ cubicmetre 1.61/ cubic

metre Annual Average 322.15 291. 00/month Sewer

7:00 pm Feb 25 Scaps

and Glue and Stories

Too Libraryages6-10

10:30-12: 00 Base

Rate10.40 10.40/month Consumption1.08/cubic metre 1.19/cubic metreAnnual

average 209.00 226.

00 Upcoming meetings and events; Committeeof adjustment Jan 26 CouncilFeb 2 and16 Strategic Planning FocusGroupfor community user groups -

Monday Feb 6@ Thomas Hallin Thedford Community Events Feb 2006 Feb2 Forest Ag Society MtgFeb 3 School PA Day Feb7 Book Discussion Group Forest Library 7:00pm Feb5 Legion Breakfast 10:00- 1:00 Feb5 Legion Super Bowl Party 3:00 pm Feb 13 Forest Garden Club @ Kineto 7:OOpm Feb 18 Legion Spaghetti Night5:00-6:30

pm Feb 18 Used Book Sale @Library Feb 21 Blood

Doner Clinic@ Legionall day Feb 24

Adult Craft Club@ Library7: 00 pm Feb 25

Scaps and

Glue and Stories Too Libraryages 6-10 10:30-12:

00 Feb 28 Pancake meals sponsored

by Anglican Church @ Legion 11:00-1:00and5:00-7:00 pm, Weekly events: Rotary and Kiwanis every Monday Tales for

Tots

every Wed am Story Hour every Tues and Wed NLCHC programs -call 786-4545 for program monthly calendarNLCHC Evening Walking at NLSS every Tuesand Thurs @ 7:00 —starts Feb72(O

THE MUNCIPALITY OF LAMBTON SHORES

PL Report No. 07-2006 Wednesday, February 22, 2006

TO:

Mayor

Ivey

and Members of Council FROM: Patti

Scherer Senior Planner RE:

ZONING BY-LAW AMENDMENT APPLICATION ZO-04/

2006 LOCATION: 9792 Lakeshore

Road OWNER: John and Lee

Munn

RECOMMENDATION: That Zoning By-law Amendment Application ZO-

04/2006 submitted by John and Lee Munn requesting an

amendment tothe Lambton Shores Zoning By- law1 of 2003, as it

affects lands known as 9792 Lakeshore Road to change the zoning

on the lands from Future Development ( FD) Zoning on the

front (south) 250 metres of the property toa Residential Zone

that would permit the construction of one single detached

dwelling., be APPROVED, as

revised to: a) zone the east 23 metres ( front) from the widened

limit of Highway 21 of the subject lands

Environmental Protection - Natural Conservation

EP - NC; b) zone the 237 metres of the property lying west of

the new EP -NC Zone RESIDENTIAL 6.10 ( R6- 10) topermit one detached dwelling and buildings accessory thereto

to be constructed within the zone subject tothe

following regulations: i) That the dwelling be constructed in compliance

with section 12.2 of the By-law, which are the setback regulations

for the R6

zone; and ii) That no trees or vegetation be removed on the

lands unless written approval is obtained from the Municipality

which may require the preparation of a tree and

vegetation

assessment report. c) The balance of the lands remaining in theFuture Development

FD)

Zone. 27

REPORT

Summary of the Application

The applicants John and Lee Munn are requesting an amendment to Zoning By- law 1 of

2003 as it affects lands known as 9792 Lakeshore Road and located on the north side of

Lakeshore Road between Greenway Road and Cold Storage Road as shown on the mapinset, to amend the existing Future Development ( FD) Zoning on the front ( south) 250

metres of the property to a Residential Zone that would permit the construction of one

single detached dwelling.

Location, Area Development and History

The subject land comprises an

area of 2. 18 hectares ( 5.4 acres)

man and is located on the west side

of KU mow Lakeshore

Road (Highway 21) Pd fa

two between Cold Storage Road

and Greenway Road. The property is occupied

by an 89m2 ( 958 sq.

ft.) accessory building and a

mobile home. The property abutting

to , the south is

zoned Future Development ( FD) and is

occupied by two dwellings and

a ,rnr detached garage. The lands

to the north are vacant, butwere subjectofa very

similar zoning by-law amendment application

in 2002 which placed

the lands into

three zones, the Environmental Protection— Natural Conservation

EP -NC) zone on the

front 23 metres, the Residential 6 (R6)

Zone on the next 237 metres and bow tUO the balance of the landsremained in the Future Development ( FD) Zone. No dwelling has been constructed to date on the

lands. Lands to the east are occupied by Ruston Campground and are zonedCommercial 14 (C14).

Pinery

Provincial Park

abuts the site to the west. CorrespondenceA letter has been receivedfrom the Ausable Bayfield Conservation Authority, indicating no objection to the application, and advising that theproperty does not lie within the fill line

and

floodplain

limits regulated by the

Authority. zs

Discussion

The site is designated " Mixed Commercial Residential' in the Lambton Shores OfficialPlan. Permitted Uses include:

a) Agriculture, including accessory dwellings and facilities such as greenhouses, produce storage and sales and similar activities;

b) Commercial uses catering to the tourist trade, the traveling public and the localmarket;

c) Single detached dwellings;

d) Public and private parks including campgrounds and trailer parks;

e) Small scale institutional uses including churches, schools, day care centres, works or facilities of the Municipality, County or Province.

This land use designation is specific to the lands in this general area of the Municipality. The objective of the designation is to accommodate the existence of the mixed use area

and to maintain the viability of the commercial activities in these areas. The official planindicates that all new residential development or redevelopment along Highway 21Lakeshore Road) shall incorporate a vegetated buffer area adjacent to the Highway of

at least a width of 23 metres. This area shall be retained as a vegetative area andremoval of trees and vegetation will require Municipal approval. Further, the planindicates that any development should maximize maintenance of the natural features. Finally, residential uses shall be required to locate on a road other than Highway 21. The creation of new access points to Highway 21 is discouraged and is subject toapproval from the Province.

Residential uses are permitted by the official plan and although access to this lot is

directly from Highway 21, there is presently no other option. Due to the depth of the

properties in this location, further development could occur at the rear of the property, but only when an internal road system is introduced. The Municipality should consider

preparing a conceptual development plan for this area, which could be used to guidefuture development. The Ministry of Transportation has not to date commented on the

application.

The plan requires that a 23 metre wide vegetated buffer be retained across the frontageof the property from the widened limit of the Highway. Therefore, any approval of this

application should include the introduction of a 23 metre wide Environmental ProtectionNatural Conservation zone across the frontage of the property. Further, the zoning for

the proposed residential area of lot should specify that no trees shall be removed fromthe property without the approval from the Municipality being obtained.

Finally, the lands to the north were subject of a similar zoning request which was

approved. The By- law zoned the front 23 metres Environmental Protection — NaturalConservation ( EP -NC), the next 237 metres Residential 6 ( R6) and the balance of the

Oct

lands remained in the Future Development (FD) Zone. The zoning on the subject lands

should be identical to this. Staff are confident that given the recommendations of this

report that the applicants request can be accommodated and still maintain consistencyin the By- law.

In my opinion the construction of one detached dwelling on the lands complies with the

Official Plan and represents a form of development similar to those located along the

Highway 21 corridor. Staff can therefore recommend that the application be approved, subject to by-law including those regulations contained in the recommendation section of

the report.

Respectfully submitted,

Patti L. Scherer

Senior Planner

36

Ministry of

Ministbredes Transportation

Transports CorridorControl Office 659Exeter Road London,

ON N6E

11-3 Telephone: (

519) 873- 4593Fax: (

519) 873- 4600February

20, 2006 Ms.

Carol McKenzie, Clerk TheMunicipalityof Lambton ShoresP.O. Box 610 19

Ann Street, Forest,

Ontario NON

1J0 RE: Applicant:

Munn, John and Lee Submission No.:

ZO-04/ 2006 Part Lot

17, Concession LRE County of

Lambton Municipality of

Lambton Shores - Highway 21 Q Ontario

L4M87 Forest 00H6eAES FEB 2 31006 RAVED The ministry has completed a reviewof the above noted amendment. The amendment has been considered in accordance

with the requirements of ministry highway access control policies and

the Public Transportation and Highway Improvement Act. The ministry hasno concerns with thepassing of this amendment. The owners should be aware that entrance, building/ land useandsign permits are required fromthe Ministry of Transportation before any gradingor construction work can begin. Please advisethe owners tocontact Mr. Jack Hitchcock, Corridor Management Officer, Operational Services - Chatham ( Box910, 870 Richmond Street, Chatham, Ontario N7M 51-3, Phone: 519- 354-1400, ext. 314)

to discussthe

ministry's requirements and obtain the necessary permit applications. We would appreciate receivinga copy

of your Council's decision on this application for our records.

Should you

have any

questions, please contactour

office. Yours truly, Paul

Santos Regional Development

Review Coordinator Planning and Design Section

Southwestern Region, London C. R. vandenBoorn,

Operational Services - Chatham hftp://

www.mto.gov.

on.ca Made from

recovered materialsFit ;

matAriaux recycl6s

THE MUNCIPALITY OF LAMBTON SHORES

PL Report No. 08-2006 Thursday, February 27, 2006

TO: Mayor Ivey and Members of Council

FROM: Patti Scherer, Senior Planner

RE: APPLICATION FOR DRAFT PLAN OF SUBDIVISION APPROVAL

FILE NO. SD2005- 1

LOCATION: 10023 Jenna Road and 8696 Goosemarch Line

APPLICANT: South Winds Development Co. Inc.

AGENT: William Pole, IBI Group

RECOMMENDATIONS:

That Draft Approval to Revised Plan of Subdivision Application SD2005- 1, be

granted subject to the conditions outlined in PL Report No. 08-2006 Dated

February 7th 2006.

REPORT

On February 16, 2006, Council held a public meeting and approved in principle the

above noted plan of Subdivision Application to permit the development of 30 singledetached dwelling lots ( see Attachment 1), subject to conditions. Draft approval was

not granted at the meeting on the 16th as the Planning Act does not permit draft planapproval to be given until 14 days after the public meeting. Draft Approval now can be

granted subject to the following conditions. Condition 6 has been amended to remove

the requirement for the Subdivider to erect a 1. 8 metre high fence along the widened

limit of Highway 21as directed by Council at their meeting on February 16,

2006. That theStaff Recommended Revised Draft Planof Subdivision SD2005- 1 (

see Attachment 1) as prepared by CCUIBI, dated October, 2005 which shows the

following: 30 Residential Lots being Lots 1 to

30 a 15 metre wide Road Widening Block ( 5. 1m), being Block

34 a 16 x5metre visibility triangle being Block

35 0.3 Metre Reserve Blocks being Blocks 36, 37, 38, 39 and

40 Temporary Turning Circle Blocks being Blocks 31, 32 and

33 be DRAFT APPROVED subject to the following

conditions:

32.

That the road allowances included in this draft plan shall be shown and dedicated aspublic highways. 2.

That the street be named to the satisfactionof the Municipalityof Lambton Shores. 3.

That the Owner agrees to provide cash -in -lieu of parkland dedication to the satisfactionof the Municipalityof Lambton Shores. The Owner also agrees that inthe event the Owner requests an extension of draft approval, the date for calculationof cash - in -lieu of parkland will be from the date of the extension of draftapproval, if applicable. 4.

That the Subdivider enters into a Subdivision Agreement with the Municipality whichshall be registered on the title of the lands once the plan of subdivisionis registered

and which shall satisfy all the concernsof the Municipality, financially andotherwise, which shall include but not be limited to: a)

the Subdivider satisfying the Municipality with respect to the provision of a municipal

water distribution services, which shall be designed and installed in compliance

with and in keeping with the Ministry of the Environment and Municipal

standards. b)

the Subdivider satisfying the Municipality with respect to storm water management

which shall be reviewed and approved by the Municipality, the Ministry

of the Environment (M.O.E.) and the Ausable- Bayfield Conservation Authority.

c)

the Subdivider upgrading Jenna Road and Goosemarsh Line to the satisfactionof the Municipality. d)

the Subdivider submitting final grading and drainage plans (that address grading

and drainage for each lottunit, naturalvegetation areas and erosion control measures) for review and approval by the Municipality andif required the AusableBayfield Conservation Authority. e) provisions

requiring the submission ofa plan for sediment and erosion control for theconstruction phaseof this subdivision. 5. That

the Subdivider satisfy the Municipality, the County of Lambton and the Ministry of

the Environment that: a) The

recommendations contained inthe report prepared by Atkinson, Davies Inc. dated July 28, 2005 apply to the lots in Draft Plan of Subdivision SD2005-1b) The

Subdivider enter into a Subdivision agreement with the Municipality which containsthe following provisions: 33

That the sewage systems be installed as per the recommendations of the

report prepared by Atkinson, Davies Inc. dated July 28, 2005. The reportwill be included as a schedule to the subdivision agreement which must be

registered on title to the subject lands. It is required, in addition to

operation, maintenance and annual monitoring requirements contained in

the Ontario Building Code ( and administered by the County of Lambton),

that the nitrate levels within the lot be monitored annually ( using per -

approved protocol) to ensure compliance with the Ministry of the

Environments Reasonable Use Criteria. The monitoring results must be

forwarded to the County of Lambton which will provide administration and

manage the records and ensure compliance as required. The costs

associated with the nitrate testing must be borne by the Owner of the

sewage system and, should it be found that the nitrate levels exceed the

MOE's Reasonable Use criteria at any time, the owner of the sewagesystem will be responsible for taking any actions necessary to remedy the

situation for and for forwarding evidence of compliance to the County.

That a " Notice of Advisory" be applied to the lots. This "Notice of Advisory" will be incorporated into the subdivision agreement that must be registeredon the title of the lot and included in all agreements of purchase and sale

or lease of the lots. The wording of the warning clause must be identical or

similar to the following:

That the sewage system envelope for this lot is required to containsufficient area for a "' Waterloo Biofilter and a contingency area

equivalent to the area required for a second treatment unit or 50

square metres, whichever area is greater. The contingency area is to be

available in the event that the first system requires replacement or

additional treatment capacity is require. The size and location of the

sewage system envelope shall be determined in accordance with Ontario

Building Code and the manufacturer's specifications. Under no

circumstances shall any buildings or structures ( i.e. sheds, pools etc.) belocated within the sewage system envelope.

Under the Ontario Building Code, the Owner of the tertiary sewage systemrequired for this lot must enter into a servicing/maintenance and monitoringof effluent quality) agreement with the sewage system manufacturer. In

addition to the testing required under the Ontario Building Code, the septicsystem effluent must be tested annually to determine compliance with the

Ministry of the Environment's Reasonable Use Guidelines.

As part of a building/septic permit application, it is required that plans besubmitted showing existing and proposed contours; required drainagefacilities ( i.e. swales, ditches, infiltration trenches, etc.) complete withelevations and direction of flow; the building envelope, including basementand first floor elevations and municipal setbacks; the rear yard amenities

envelope (for pools, patios, sundecks, etc.); the sewage system envelope, including contingency absorption bed area ( dimensioned and locatedrelative to property lines), location of the tertiary treatment unit, absorption

344

bed area and sampling points, and final grade elevations; location of therequired water supply; and a summary of the sewage system designparameters, including septic tank size, pump specifications ( if a pump isrequired), manufacturer's specifications and any special requirements orequipment including the septic system operation and maintenanceagreement, number of bedrooms in the dwelling design ( libraries, dens, studies, etc. are considered bedrooms), design fixture unit count and anotation on the plan that the location of the sewage system envelope is tobe fixed, and that no buildings, structures, equipment or materials arepermitted within the sewage system envelope area, temporarily or

permanently, except structures, equipment or materials necessary for theconstruction of the sewage treatment system."

The " Notice of Advisory" will include information explaining the septiceffluent sampling and reporting requirements under the Ontario BuildingCode and the Ministry of Environment's Reasonable Use Guidelines aswell as the owners' responsibility for remediation of the system in the eventthat nitrate levels are found to exceed the Ministry of Environment'sReasonable Use Guidelines or the effluent criteria contained in theBuilding Code.

The " Notice of Advisory" must also explain that certain assumptions weremade by the engineering firm to complete the nitrate calculations used todetermine the required minimum lot area. The engineering firm assumeda dwelling with the following specifications:

o Daily sewage flows of 1000 litres

A proposed dwelling which exceeds any of the above criteria may not bepermitted. Further engineering would be required to support anyvariations in design. The installation of the sewage system for the lot mustbe overseen by a qualified engineering firm which must provide the CountyBuilding Services Department with a letter of compliance for theinstallation.

6. That prior to final approval the Subdivider satisfy the Ministry of Transportation withrespect to the following:

a) That the Ministry receive a copy of the draft M -Plan for review and approval.

b) That a 15 metre wide road widening extending across the entire Highway 21frontage be dedicated as public highway on the owner's certificate on the finalplan.

c) That a 16 x 5 metre visibility triangle at the intersection of Highway 21 andJenna Road be dedicated as public highway on the Owner's Certificate on thefinal plan.

3S

d) That a 0.3 metre reserve extending across the entire highway frontage, including the visibility triangle be conveyed to the Ministry.

e) That the copy of a Stormwater Management Report/Plan indicating theintended treatment of the calculated stormwater runoff is submitted to theMinistry for review and approval.

f) That the notes to the draft approval include an advisement that all newresidential buildings be located a minimum of 8 metre from the widenedboundary of the highway and that Ministry building/ land use and sign permitsare required prior to any grading or construction work commencing.

7. That the Subdivider satisfy the Ministry of Culture with respect to the significantarchaeological resources present on the site.

8. That the Vegetation Management Plan prepared by BioLogic dated October 27, 2005, be revised to address the Peer Review Comments contained in thecorrespondence from Tom P. Young, Senior Terrestrial Biologist, Dillon Consultingdated February 8, 2006, to the satisfaction of the Municipality and that anyrecommendation or requirements resulting from the revised report be included inthe Subdivision Agreement.

8. That such easements as may be required for utility or drainage purposes shall begranted to the appropriate authority.

9. That all municipal taxes and local improvements including interest and penaltiesthereon that are owing and payable with respect the lots be paid to date.

10. That the Subdivider satisfy the Municipality that the required 23 metre widevegetative buffer required along Highway 21 is appropriately zoned.


Patti L. Scherer

3(

a

THE MUNICIPALITY OF LAMBTON SHORES

TR Report No. 10-2006 Thursday, February 23, 2006


FROM: Janet Ferguson, Treasurer

RE: Draft 2005 Year to Date Un -audited Financial Summary

RECOMMENDATION:

That the 2005 Draft Operating and Capital Financial

Summaries be accepted as presented and the financing of

additional items approved as outlined in Treasurer's reportTR -10-2006

REPORT

This report is prepared to provide Council with an update on the financial activities for

2005. Early in January Council reviewed a report that detailed the general financial

status at the year end and the report also let you know that we would be receivinginformation well into February that would affect the 2005 financial position. We now

believe that we have received all information pertaining to 2005; with the exception of

the Policing Contract reconciliation, and are prepared for the annual audit.

Treasurer's Report TR -01- 2006 detailed the areas of concerns as well as noted the

areas that provided savings or additional revenues. In summary, the draft year to date

shows that our overall revenue was down by less then half a percent or $53,000.00 and

the expenses were down by less then 1. 5% for $ 194,000.00. If there are no further

adjustments identified in the annual audit, I would recommend that any surplus funds be

allocated to the Working Funds Reserve Fund for a future allocation.

The Draft Capital Summary recaps previously reported changes to the budget, reportedin TR -23-05 and TR -34-05, with notes for the individual projects. The notes identify how

any changes or overages are funded. There is approximately $ 516,000.00 of capitalwork completed that will be carried to the 2006 budget. These types of expenses are

for projects that span a year or more for completion or in some instances earlyengineering allows us to achieve cost savings during the tender process. Acceptanceof this report will confirm Council' s position on the financing of the capital projects in

2005 and the amounts carried to the 2006 budget.


Janet Ferguson, Treasurer

37

MUNICIPALITY OF LAMBTON SHORES2005 Draft Operating Year to Date Summary as of December 31, 2005

a.. j0 Page 1 of 2 Revenue

Expense Revenue Draft Balance Expense Draft

Balance Budget YTD Available Budget YTD Available Taxation & General 5, 906, 847.06

5,

926, 786.37 19, 939. 31Policing Policing PoliceOffices 618, 508.96 605, 716. 47 12,792. 492,237,600.39 911. 00 1,998, 152.42

788.04 239,447.97 122. 96Sub Total 618,508. 96 605,716. 47 12, 792. 492, 238,511.39

1,

998,940.46 239,570.93 Planning Planning and Zoning 162,983. 01 161, 799. 31 1,183. 70 205,951.

72

219,985. 40 14,033. 68Buildina Building Inspections 200, 169. 04 205,471. 15 5,302. 11 203,203.

35 199, 146. 78

4,056. 57 Protection to Person & Prooeriv Bylaw / Parking / Prop. Stnds Enforce. Animal Control Weed Inspection Crossing Guards Fire Prevention and Inspection Conservation Authority 113,934.64 9,457. 47 808.67 12, 943.78 5,000.00 121, 232.44 10,093.73 754. 60 13, 531.18 5,986. 25 7,297. 80) 636.26) 54.07587.40) 986. 25) 196, 564. 15 37, 488.37 4,027.38 44, 999.63 5,000.00145,382.72 202, 638. 72 37, 717. 00 4, 057.18 48, 277.45 11, 592.88 147, 018.786,074. 57) 228.63) 29.80) 3, 277. 82) 6,

592.88) 1,636.06 Sub Total 142, 144.56 151, 598.20 9, 453. 64 433, 462. 25 451,

302.

01 17, 839.76 Fire Arkona FD Northville FD Forest FD Grand Bend FD Thedford FD Sub Total 49,820.65 10,007.64 49,283. 28 69, 953.43 9,806.61 49,341.58 11, 473.4157,068. 40 81,825. 11 10,846. 20 479.07 1,465.77) 7,785.12) 11,871. 68) 1,039.59 121, 804.36 118, 569. 27 146, 503. 31 141, 620.82 129,086.31 112,651. 39130,768. 27 163,977. 96 153,072. 69 153,168. 20 9,152. 97 12,199. 00) 17,474.

65) 11, 451.87) 24, 081.89 188, 871. 61 210, 554.70 21, 683.09 657, 584. 07 713,

638.5156, 054.44 Community Services Rec. - General Admin TRF to Equipment Replacement RF TRFto Sidewalk Capital RF TRF toStreetlightRF TRFtoRoad Purposes RF Roadways Winter Control Street Light / Traffic Control Sub Total 34, 935. 84 924, 259. 29 118,094.2679,152. 94 36,568. 97 902,676.93 140, 682.58 77, 111.33 1, 633.13) 21,582. 36 22,588. 32) 2,041. 61 84,212. 46 275, 000.00 63, 500.00 5, 500.00 480,000.00 2,151,767. 66 306,605. 58 205,503. 06 80,945. 06 275,000. 0063, 500.005,500. 00 480, 000. 00 2, 097, 906. 57 359, 072. 55 196,815.85 3,267.40 53, 861.09

52,466. 97) 8,687.21 1, 156,442.33 1,157, 039. 81 597.48 3,572,088.76 3,558,740.

0313,348. 73 Harbours Grand Bend Port Franks Sub Total 347, 070.04 157, 248.58 372, 076.03 157,910.54 25,005.99) 661. 96 356, 519. 33 158,952.53 380, 522. 20 161, 561.

22 24, 002.87) 2, 608.69 504, 318.62 529, 986.57 25, 667. 95515, 471.86 542,

083.

4226, 611.56 Arenas Thedford Arena Forest Arena Sub Total 221,423.47 266,003. 79 199, 379. 01226,188. 04 22,044. 46 39,815. 75 303,570. 73 333, 607. 10 305,172. 10 365,182.

621, 601.37) 31, 575.52 487, 427. 26 425, 567.05 61, 860.21 637, 177. 83 670,

354.

72 33, 176.89 Libraries Libraries 4, 275. 18 4,221.85 53.33 25, 963. 18 30,

656.314,693.13 Storm Water Management Storm Sewers 15, 042.30 14,854.66 187. 64 48, 264. 08 44,

134.844,129.24 Solid Waste Management Solid WasteManagement 367, 904. 71 400, 480.47 32, 575.76 643, 815. 06 665,

516.

79 21,701. 73 Cemeteries

207- a..j0

Page 1of2

MUNICIPALITY OF LAMBTON SHORES2005 Draft Operating Year to Date Summary as of December 31, 2005

Forest - BeechwoodArkona Pinery, Ward & Baptist / Misc. Sub

Total Parks Parks, Ball Diamonds, PavillionsBeach Beach, Beach House, Patrol, P.Lot Community Centres Communitv Centres Drainage Ememencv Mananement Emergency Measures Economic Development IndustryTrade and Tourism Rec ProgramsSub Total Sanitary Sewers cpense Revenue Revenue Draft Budget YTD 48, 027. 26 41,

691.51 16,370. 22 17, 458.96 1,895. 34 2,451. 50 66.292. 82 61.601. 97 cpense

Draft Balance Expense Available Budget 6,335. 75 67, 716.02 1,088.74) 28,594.74 556. 16)l

7,

159.20 cpense Draft Balance YTD Available 66,965. 76 750.26 24, 046.67 4,548.07 7,880.88

721.

68) 26,575.86 26, 414. 93 160.93 155, 398. 41 138, 819.06 16,579.35 219,392.82 231, 001.69

11,608.

87270, 090.70 283, 364.01 13, 273.31 4, 453.47 3, 505.02 948. 45 6,493.

89

7, 002.50 508. 61 134,623. 25 165,015. 11 30,391. 86 316, 600. 72 336,711.

9520,

111.23 253. 057.44 207. 252.87 45. 804.57 322. 856.11 279. 641.23 43. 214.88

23,592.

6525,889.13 2,296.47 57,238.66 60,579.57 3,340.91 38,733.60 25, 889.25

12,844. 35108, 014. 60 100,748. 977, 265.63 4, 453. 47 3, 505.02

948.45 6,493.89 7,002.50 508.61 43. 187. 0729. 394.27 13. 792. 80 114.

508.49107. 751. 47 6.757. 021 1,077, 181.00 1, 036, 785.70 40, 395. 301 1,077, 181.00 1,

036,785.

7040, 395. 301 TOTAL 1 14, 1 886.90 1 14,114, 625. 60 1 13, 920, 352.39 1 194, 274.09

98. 62% 39

The Municipality of Lambton ShoresCapital Expense Summary as of December 31, 2005

Project 2005 Expense Revenue SourceTo Notes Budget

To Date R r RF Other 2008 Budget

GENERAL

IT 22,600.00 49,675.24 36 696.38 551. 19 12,427.67 Recovered in 2006 budget from RF

22, 600. 00 49,675. 24 36,696. 38 12,427. 67 Sub - Total

Property Purchased -33837Ontario St, GB 162, 070.58 95, 648.87 66, 421.71 Recovered from future cash in lieu of parking revenues Road

Allowance Valuation 250. 00 250. 00 Funded from Property Capital Asset RF Ravenswood

School Demolition4, 796. 00 4, 795. 00 Funded from Property Capital Asset RF Sub -

Total 167, 115.58 100, 693.87 66, 421.71 PROTECTION

TO PERSONS General

Accessibility 40 750.00 40,750.00 15 750.00 25,000.00

40, 750. 00 S 40, 750.00 15, 750.00 $ 25, 000.00 Sub - Total Fire

Departments Grand Band - Radio 4,000. 00 3,209. 76 1,765. 37 1,444.39 Grand Bend - Generator 30,875. 00 S 34, 002.68 16, 008.23 17,994.45 Grand Bend - Pagers 9, 381. 55 9, 381.55 Funded fromLionness Donation Northville - Rescue Van 148, 000.00 146, 701.00 106, 701.00 40,000.00 Northville - Antenna 9, 500. 00 9, 352. 82 5, 210. 58 4,142. 24 Northville - Generator 6, 840. 00 6, 840.00 Funded from Fireman's Association Forest - Bunker Gear 14, 963.98 14, 963.98 Funded from Government Grant held

in RF Thedford - Exhaust Capture 7, 000. 00 7, 599. 80 7, 599.80 Additional funded fromFire RF Sub - Total 199, 375.00 232, 051.59 152, 248.96 $ 79,

802.

63 Conservation ABCA Dredging Project 2, 000. 00 2, 000.00 Funded from the Protection to

Persons RF Armstrong W Erosion 39, 600.00 39, 600.00 2006 Budget -recovery from benefitting

property owners PF Ice Mgmt 11, 250. 00 11, 250.00 2006 Budget -recovery from benefitting

property owners 52,850.00 50,850.00

Sub - TotalTRANSPORTATION SERVICES

Sidewalk Proaram Huron St replacement 15, 000.00 10, 585.00 10,

585.00 Main to Springer - Thedford S 35,000.00 28,509.10

28,509.10 Replace Sidewalk Sections- Arkona 13, 500.00 11, 760.1011,760.10 Grand Bend Hwy 81 Extension 3,067.62 3,067.62 Funded from

the Sidewalk RF Sub - Total 63,500. 00 53,921. 82

53,921.82

Road Improvement Proaram East Glen Estates Rd 15,000. 00 11, 400.0011,400.00 Jefferson St Reconstruction 35, 000.00 5,588.57

5,588.57 George St Reconstruction 336,250.00 393,038.72 393,038.72 Additional fundedfrom RoadRF Victoria St Reconstruction 18,093.50 18,093.50 Funded fromthe Road RF Townsend Line 15, 000.00 2,012.782,012. 78 River Rd GB GB Main St Intersection Bridge8 Culvert3,894.571, 531. 22 3, 894. 57 1,531.222006 Possible

ABCA project 2006 Budget Sub - Total 401,250. 00 435,559. 36 418,733.

57 5,425. 79 Main St / Kino St380, 000.00 MTO - Intersection Forest Property Preparation 18, 054.70352,056. 17 352,056. 17 18,054. 70 2006 Budget Funded from the Property

and Road RF 380,000. 00 370,110. 87 352,056. 17 18,054.

70 Sub - Total Vehicle8 Equipment Replacement Proaram 80,000.00 70,998.19 70,998.19JD 210C Tractor Loader 14 hp Tractor 8 mower 4, 000. 00 3,

680.00 3,680.00 VacUSweep - Johnson/ Ford 245,000.00179, 026. 42 179, 026. 42 Trailmaker Sub - Total 9,180.019,180.

01 Funded from the Vehicle and Equipment RF 329,000.00

262,884.62

262,884. 62 Street Liaht Capital Dalton Subdivision 4,000.00 969. 92 969.

92 PF Estates 4,

000.00 Ipperwash 4, 000. 00 Village Crossing Sub - Total 98.00 98. 00 Funded from Street light RF 12, 000.00

1,067.921,067. 92 GRAND BEND HARBOUR Launch Ramp Boat w/motor5,000. 004,715.264, 239. 00 4, 715. 26 4, 239. 00 Funded

from the Facility/ Vehicle 8 Equipment RF Sub - Total 5,000.

008,954.26 8, 954.26 PORT FRANKS HARBOUR Pavilion / Picnic Tables 5,000.00

5,350. 32 5,350. 32 Sub - Total 5,000.00

5,350. 325, 350.32 Capital Summary

AdIn Page 1of2

The Municipality of Lambton ShoresCapital Expense Summaryasof December 31,

2005

ProjectZOOS Expense Revenue Soume To Notes Budget

To Oats R / RF Other 2006 Budget RECREATION

AND CULTURAL SERVICES FacilityUparades GB

Old PUC Building Table / Chairs 15,000. 002,000.001, 274. 89 1, 274. 89 2006 Budget Arkona SeniorsFacility3,500. 00 2,255. 00 2,255. 00 Ontario St - Parking Lot Gill Rd - Parking Lot New Forest Arena Project 2,572.50 2, 572.50 52 757.76 28, 490.09 2,572.502,572.50 24,267. 67 2006 Budget 2006 Budget Portion from Arena RF and balance to 2006 Budget Sub -

Total 20, 500.00 61, 432. 65 S 32,019.98 29,412.67

SEWAGE SYSTEMOmi Maintenance Schedule 64,500.00 73,260.02 73,260.02 Additional funded from the Sewer RFNorth End Sewer Forcemain - Pinery LS Sewer Master Plan 20,000. 00 36,256.7920,000.0020, 000.00 36, 256.79 Carry to project completionNorth End Sewer Master Plan 66,000.00 70,209.86 70,209.86 Additional funded from the Sewer RFMac Donald St 2,467.50 2,467.50 2006 BudgetGeorge St 94,700.00 53,716.37 53,716.37Victoria St 1, 069.65 1, 089.65 Funded from the Sewer RFTownsend Line 9,690.80 9,690.80 Funded from the Sewer RF

Sub - Total 245,200.00 266,670.99 227,946.70 38,724.29

WATERWORKS SYSTEMOmi Maintenance Schedule 44,500.00 23,618.75 23,618.75

System Loops 150,000.00 38,052.79 38,052.79

Forest Water Meter Project 10,000.00 9,135.76 9,135.76

George St S 86,050. 00 110, 901. 78 110, 901. 78 Additional funded from the WaterRF Townsend Line Watemrein 21,659. 91 21,659. 91 0.00 Funded from the WaterRF LAWS System 38,000. 00 37,941. 84 37,941.84 GB Disconnect 457,319. 61 457,319. 61 Funded from the Water RF as per rate

study Transmission Main / Bi -Pass 6,542,975.36 908,592. 17 5,630,000.00 4,383.19 2006 Credit comingThedford / Arkona Extension5, 465, 131.07 158, 969.26 158, 969.26 2006 Budget BoosterPump Station 13, 267.18 13, 267. 18 2006 Budget RuralDistribution 118, 086.83 118, 086.83 2006 Budget5,

793, 681. 07 7,531, 929. 07 1,607,222. 61 $ 5,630,000. 00 294,706.46 Sub - Total DRAINAGE

Capital

Drains - Property Owners Portion 41, 688. 15 41, 688. 15 Expense and Recovery - Property Owners 41,688. 15 41, 688.15 Sub - Total GRAND

TOTALI7,517 856.07 9, 582, 012." 3,275 547. 18 5,776, 490. 78 516,023. 29 r..w

0- A1 0......1... 1


TR Report No. 11- 2006 Thursday, February 23, 2006



RE: Council and Committee Member Remuneration

RECOMMENDATION:

That Treasurer's Report TR -11- 2006 regarding Council and

Committee Member Remuneration be accepted as

presented and Council provide direction on the 2006 tax free

allowance for remuneration as outlined in the report.

REPORT

Section 284 ( 1) of The Municipal Act requires the Treasurer; on or before March 31, to

provide Council with an itemized statement of remuneration and expenses paid in the

previous year to each member of Council and each person appointed by the

municipality to serve as a member of or an appointee to a committee. This report will

detail the remuneration for 2005.

NAME Council J.C.

Ivey

M. Carolyn Jamieson Shirley Andraza Bill Weber Jeff Zavitz

Gordon Minielly Ken Evans Ruth Illman Mark Simpson Sub Total Committee Members

REMUNERATION EXPENSES CONFERENCES 16,400. 00 8,200.

00 12, 400. 00 6, 666.05 1,

200.00 10,800.00 5,652.01

10,800. 00 5,400. 0010, 800. 00 5,400.

00 10, 800. 00 5, 400.00 1, 057.85

10,800. 00 5,400. 00 225.00 10, 800.00

5,400. 00 1,200. 00 10,800.

005, 400.00 104, 400. 00 52, 918. 06 3,

682.85

Committee of Adjustment

Jack Bannon Sharon Crown

Malcolm Gilpin Don Lithgow

Steve Robinson Dona Stewardson

Sub Total 480.00

540.00 600.00

600.00 480.00

420.00 120. 00 Total $

107, 520.00 $52, 918. 06 $3, 682. 85 A7

In 2004 Council established that 1/ 3 d of the total Council remuneration was

an appropriate level to be allocated as a tax free allowance to cover incidental expenses

to carry our their duties. The above allocation shows this separation as well as

the amounts allocatedfor conferences or training costs incurred throughout the

year. If Council isin agreement with the 1/3rd allocation staff will continue this process for

the 2006 year. The allocation will be readdressed after the municipal election when

the new Council term

begins. Respectfully

submitted, JanetFerguson,

Treasurer

19





RE: 2006 Education Tax Rates and Tax Policies

RECOMMENDATION:

For Information only.

REPORT

On February 15th, 2006 we received notification from the Ministry of Finance that

outlined the proposed changes for Education Rates and Tax Policy tools available for

the 2006 taxation year.

The proposed Education Tax Rates for 2006 are lower then the 2005 rates by 10.81 %.

The proposed residential rate would be . 00264000 down from the 2005 rate of

00296000. This change is an approximate decrease of $ 32.00 per $ 100,000.00 of

assessment. The business education tax rates (commercial and industrial) for 2006 will

be set to account for the 2006 reassessment for each single and upper tier municipality. It is the intent of the Province to provide business rate reductions that match municipaltax reductions on a case-by-case basis at the County level. The governing Ontario

Regulations have not been issued as of yet.

Similar to 2004, in an attempt to provide flexibility to municipalities, the Province will

allow municipalities to increase a tax ratio to minimize the tax burden shift between

residential and business classes. Again, this is done at the County level and approvedby the Minister of Finance on an individual basis. Continuing with the same process, the Province will once again allow municipalities to apply up to a 50% tax increase to

properties in a class that has a levy restriction ( tax ratio above the provincial average). This hard capping process is done separately for the different levels of taxation,

municipal and county.

The impact of these " tools" will be determined once the County of Lambton considersand sets the tax policies for 2006. Our County Council representatives will be apprisedof the status as the information becomes available and required to vote on any changesfor 2006.


JanetFerguson, Treasurer



TO:

Mayor

Ivey and Members of Council FROM:

Janet Ferguson, Treasurer

RE: Tax Arrears

RECOMMENDATION:

For Information Only

REPORT

This is a brief summary to inform Council of the status of the taxes receivable forLambton Shores. The Lambton Shores Tax Collector, Wendy Jennison, hasimplemented the regimented collection policy as approved by Council. There are

monthly arrears notices issued and if necessary follow up phone calls for those thatrequire additional consideration. The tax arrears have been steadily decreasing sinceamalgamation and overall the tax arrears have decreased by 5% over the 2005 yearend balance.

Although we have an excellent collection system, there are some properties that doreach 3 years in arrears. In early December a letter is issued to these property owners

advising them that their account is or will be 3 years in arrears and the risk associatedwith that. In December of 2005, 114 letters were issued. Although that sounds like a lotit is only 1% of the total number of property accounts that we have. The majority ofthese accounts have received payment for the oldest penalty and taxes which willdiscontinue the tax sale process, while 17 payment arrangements were reached. Thebalance or 15 accounts have received registered letters requesting payment or the taxsale registration will be imposed. If payment is not received or an agreement forpayment reached the properties would be registered and the year long process would

begin.

This process is done every year and from last year's administration we registered twotax arrears certificates which become final in July. If the property owners allow the

registration to continue to expire the properties can be sold either by public auction or

the tender process.

It is certainly not our intent to take over a property from an owner that may be

experiencing financial difficulty; however, we do have to consider the financial

obligations of the municipality and the impacts to all property owners. If propertyowners contact us to advise us of the situation they are experiencing we typically can

work out payment arrangements amenable to both the property owner and the

municipality.

Respectfully Submitted,

4; 74 - -. -) Janet

Ferguson, 04S Trpaci irar


CL Report No. 15-2006 Thursday, February 23, 2006

TO:

Deputy

Mayor

Carolyn Jamieson and Members of Council FROM: Carol

McKenzie, Clerk RE:

Proposed Amendments to Municipal Fees

RECOMMENDATION:

That CL Report No. 15-2006 regarding proposed " Fees for

Harbour Services", " Fees for Multiple Animal Redemptions" and " Fees for Fire Response Services" is accepted as

presented, and that By -Law 19-2006 with the recommended

fees be approved.

REPORT

Staff continually review the Municipal fees to ensure that they are covering the full cost

of providing services, are " user pays" whenever possible, and remain competitive. The

following areas have been identified as being in need of an amendment to the existingfees:

Fees for Harbour Services

During the recent budget sessions, amendments were recommended to several of the

fees for services at the two Municipal marinas to ensure that the municipal costs with

respect to utilities and staffing continue to be met.

The proposed amendments are as follows: From To

1. Non - Commercial Launch Ramp -(

boats under 24') 9.35

14.02/ launch 2.

Non -Commercial Launch Ramp -(boats

25'& over) 14. 0218.

69/ launch 3. Non -Commercial

Seasonal Launch Ramp Pass 125. 00 150.00

4. Commercial Operators use of Boat Ramp ( Season)

750. 001,000.005. Commercial

Operators useof Boat Ramp boats under 24')

14. 0218.69/launch 6. CommercialOperators use of

Boat Ramp40.12 46.73/launchboats over 24')

7. Season's pass - Commercial Personal Watercraft

Operators 163.55 186.92/trailer

8. Seasonal dock rental - ( boat length of over 24') $ 53.00 $ 55.00/foot

Minimum charge of $1, 375.00

South Basin, North Finger Docks, North Wall, South Finger Docks)

9. Seasonal dock rentalLove Docks & Whiskey Bridge docks)

10. Transient Boat Dock - (all areas except North Pier) 11. South Basin

Animal Control Fees 42.

50 $ 44. 50/ ft1.55 $1.60ft/day

10.00/night

Hydro surcharge Part of the duties of the By-law Enforcement/ Animal Control staff is thecollection of dogs running at large. Currently, owners of animals found running at largeare assessed a set fine of $53.00, plusa redemption fee to defray the costs incurredby administrative and enforcement staff. The pound where the animal is taken also charges feesto offset

their costs. In 2005, a higher fee was implemented for repeat offenders who allow theiranimal to run at large to act as a deterrent; however, there continues to beanimals that continually run at large and as long as the owner continues to pay theredemption fee, the animal must

be returned. In order to protect the public from animals running at large, itisbeing recommended that the redemption fee for the fourth, fifth and subsequent offencesincrease. These fees may seem steep; however, the owners do have the optionofproperly containing their animals. In addition to the fee increases, other avenues for dealingwith repeat offenders are also

being investigated. Amendment to an existing fee (By-law

14/ 2002) 1. Redemption Fee — Fourth offence, same dog From $ 100.00 to $ 150.002.

Redemption Fee — Fifth or more offence, same dog From $ 100. 00 to $

200.00Fire

Response Vehicles In certain circumstances, the Municipality bills for fire response, suchas for Municipalities that purchase fire service from Lambton Shores, events that occuron the Provincial Highways or insurance billing for vehicle fires. The LambtonShores Burning By-law also requires that any person burning in contravention of the by-law beliable for the payment of a fee " sufficient to reimburse the Municipality for any andall costs incurred to return the property toa

safe condition". The proposed fee by-law confirms the current fees that are used to offsetthe costs incurred for fire response. These

fees are: 1. Pumper2. Tanker 3.

Rescue Van4. Fire Fighters Responding

to CallsD'Al300.00

200. 00 120.00 17.00

perhour foreach firefighter responding toa

call (

2 hour minimum)

All rates are hourly and include 2 operators. (unless specified differently)

The notice in the paper included reference to a proposed fee change for insurance

certificates for special events at Municipal facilities, but it has since been confirmed that

these fees will not be changing and therefore, are not included in the fee by- law.

By- law 19-2006 containing the above proposed changes is attached for Council's

review and consideration.

Respectfully submitted

YWW'' Carol

McKenzie,

Clerk


BY-LAW 19 OF 2006

Being a By- law to amend fees for Harbour Services, Animal Redemptionand Fires Services

WHEREAS: The Municipality of Lambton Shores provides certain serviceson a "user pay" basis;

AND WHEREAS: The Municipal Act 2001, C. 25, S 390 and Regulation 244/02, allows a Municipality to impose fees or charges for servicesand activities provided to any class of persons;

AND WHEREAS: The Council of the Municipality of Lambton Shores hasdeemed it appropriate to set a fair and equitable price for theprovision of these services provided on behalf of businessesand residents in the Municipality, and to ensure that theservices provided meet the cost recovery goal.

AND WHEREAS: Notice of the proposed changes was provided as per thenotice requirements:

THEREFORE: The Council of the Municipality of Lambton Shores enacts:

1. That the fees for Harbour Services, Animal Redemption andFires Services as listed in the attached Schedule "A" to this by- law are hereby approved.

2. This by- law comes into force on the final passing thereof.

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

READ A THIRD TIME AND PASSED THIS 2nd DAY OF MARCH 2006

DEPUTY MAYOR — M. Carolyn Jamieson

CLERK — Carol McKenzie

U

Schedule "A" to By -Law 19/2006

HARBOUR SERVICES

Harbour Fees - Grand Bend and Port Franks- all applicable taxes are extra

1. Non -Commercial Launch Ramp -(boats under 24')

14. 02/launch2. Non -Commercial Launch Ramp -(

boats 25'& over) 18.69/launch 3. Non - Commercial Seasonal Launch Ramp Pass 150.004. Commercial Operators use of Boat Ramp (Season)

1,000.00

5.aCommercial Operators use of Boat Rampboats under 24')

18. 69/launch 5.b Commercial Operators

use

of Boat Ramp

46.73/ launchboats over

24') 6. Season'

s pass - Commercial

Personal Watercraft Operators

186. 92/trailer

7. Seasonal dock rental - ( boat length of over 25') $ 55.00/foot Minimum charge of $

1,375. 00 South Basin, North Finger Docks, North Wall, South Finger Docks) 8. Seasonal dock

rental $ 44. 50/ft LoveDocks & Whiskey Bridge docks) 9. Transient Boat Dock - (allareas except North Pier) $1.60 ft/day 10. Transient Boat Dock - (

North Pier and

un -serviced) $ 1.20/ft/

day 11. South Basin $ 10.00/nightHydro surcharge ANIMAL CONTROL FEES Amendment to an existing

fee1. Redemption

Fee - Fourth

offence, same dog $ 150. 002. Redemption Fee - Fifthor

more offence,

same dog $

200. 00 FIRE RESPONSE VEHICLES All rates are hourly and

include 2operator (unless specifieddifferently) 1. Pumper

2. Tanker3. Rescue Van 4.

Fire

Fighters Responding

to CallsSD 300.

00 200. 00 120.00 17.

00per hour

for each firefighter respondingto

a call ( 2 hour minimum)


CL Report No. 16-2006 Friday, February 24, 2006


FROM: Carol McKenzie, Clerk

RE: Committee of Adjustment — Applications heard February23, 2006

Recommendation:

Receive and File

REPORT

The Committee of Adjustment met on Thursday, February 23, 2006 and heard the

following applications:

W. Charles & Janet London — Application B-02/2006 (Consent)

34 Morris St., Forest - Part Lot B, Plan 8, Part 2 on Registered Plan 25R1984,

In November of 2005, the London's submitted the applications necessary to mergethree lots, and re -divide the land into two lots. One of the subject lots had originallybeen created by severance, and therefore, this original severance had to be

destroyed". An application to sever a 1 foot parcel from the rear of the lot created bythe original severance was submitted, which will destroy the original severance and

allow the November applications to proceed, and reconfigure the original three lots

into two.

The Committee approved the application, with the condition that the severed lot

merge with the property to the north.

Jim & Kathy Smith — Application A-03/2006 (Minor Variance)

7920 Katharine Cres., Port Franks

Mr. & Mrs. Smith have submitted an application for a minor variance to allow an 87

square metre accessory structure to be constructed on the property, whereas the by- law restricts the maximum size to 67 square metres.

The Committee approved the application, with the following conditions

i) That a detailed diagram of the septic system be submitted to the County of

Lambton which should note the location and size of each individual

component, including the septic tank, septic bed, and numbers of runs,

detailed to the satisfaction of the Private Sewage System Coordinator; and

ii) That a site inspection of the septic system be completed, when weather

permits, to ensure that the system is not emitting or discharging sewageeffluent onto the surface; and

iii) That formal approval be received from the Ausable Bayfield Conservation

Authority under the Fill, Construction and Alteration to WaterwaysRegulation — Ontario Regulation 46/95.

HEARING RE -CONVENED

Jeffery Hudson and Joe Girard — Application A-01/ 2006

9291 Widder Road —

In January, the Committee heard an application for permission to locate a 60.2

square metre addition to an existing dwelling 7 metres from the top of a bank, where

as the Zoning By- law requires a set back of 15 metres. A decision on the applicationwas deferred for more information from the Ausable Bayfield Conservation Authority.

Since that time, the Conservation Authority has reviewed the application, and issued

a permit under O.R. 46/95, Fill, Construction and Alteration to WaterwaysRegulations.

The application for the setback from the bank, and to expand a legal non conformingdwelling was approved, subject to the Owners building in compliance with the permitgranted by the Ausable Bayfield Conservation Authority.

If you have any questions, please do not hesitate to contact me.


CarolMcKenzie Clerk

sc


BY-LAW NUMBER 20 of 2006

A By-law of the Corporation of the Municipality of Lambton Shoresto confirm the resolutions of the Municipal Council which were adopted

up to and including March 2, 2006

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

Corporation of the Municipality of Lambton Shores should act byresolution of Council;

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

THEREFORE: The Council of the Corporation of the Municipality of Lambton Shoresenacts as follows;

THAT all actions of Council which have been authorized by a resolution of the Council and

adopted in open Council and recorded in the minutes of a Council meeting or the minutes ofa Committee of Council and accepted by Council up to and including March 2, 2006 be

hereby confirmed; and

THAT any pecuniary interest declared during any Council meeting or Committee meeting isdeemed 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 finally passed March

2, 2006.

MAYOR — J. C. Ivey

CLERK - Carol McKenzie

53

CAN thistime. · Minutes and Staff Reports 6.1 Forest Town Centre B.I.A. Board Meeting Minutes — Oct. 12, 2005 18 6.2Forest Town Centre B.I. A. Board Meeting Minutes — Nov. 16,

Documents