THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES Regular Meeting of Council Meeting Number: 19- 2010 Date of Meeting: Tuesday, July 13, 2010 Time: 3: 00 p. m. Place of Meeting: Village Complex, Thedford AGENDA File Copy 1. Call to Order 2. Declaration of Pecuniary or Conflict of Interest 3. Notice of Motion & Correspondence 3. 1 Notice of Motion - Councillor Bill Weber Re: Zone 3 Sanitary Sewage Collection System 3. 2 Port Franks Yacht Club — Proposal to construct a Basketball Hoop and Backboard at the Port Franks Marina, and to enhance the wireless internet service access for the boaters 4. Delegations/ Presentations 4. 1 3: 15 p. m. Todd Brown, Monteith Brown RE: Municipality of Lambton Shores Recreation and Leisure Services Master Plan — Phase 1 Discussion Paper — Planning Context and Consultation Report available under separate cover Note: Digital copies of the report will be available for the public at the meeting and will be posted on the Municipal website following the meeting. 5. Consideration of Committee Minutes and Staff Reports Corporate & Strategic 5. 1 C. A. O. Report No. 26- 2010 — Re: Zone 3 Ground and Surface Water Testing Results — Final Report Pages 1 2- 4 5- 11
Transcript
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES
Regular Meeting of Council
Meeting Number: 19- 2010
Date of Meeting: Tuesday, July 13, 2010
Time: 3: 00 p. m.
Place of Meeting: Village Complex, Thedford
AGENDA
File Copy
1. Call to Order
2. Declaration of Pecuniary or Conflict of Interest
3. Notice of Motion & Correspondence
3. 1 Notice of Motion - Councillor Bill Weber
Re: Zone 3 Sanitary Sewage Collection System
3.2 Port Franks Yacht Club — Proposal to construct a Basketball Hoopand Backboard at the Port Franks Marina, and to enhance the
wireless internet service access for the boaters
4. Delegations/ Presentations
4. 1 3: 15 p. m. Todd Brown, Monteith Brown RE: Municipality ofLambton Shores
Recreation and Leisure Services Master Plan — Phase 1
Discussion Paper — Planning Context and Consultation
Report available under separate cover
Note: Digital copies of the report will be available for the public at
the meeting and will be posted on the Municipal website followingthe meeting.
5. Consideration of Committee Minutes and Staff Reports
Corporate & Strategic
5. 1 C.A.O. Report No.26-2010 — Re: Zone 3 Ground and Surface
CL Report No. 57-2010 — Re: Collection of Sums Assessed for
Drain Maintenance
Includes By- law 64-2010
By-laws & Resolutions
By -Law 64-2010 — Being a By- law to collect sums from the landsand roads assessed for the maintenance of certain drains
See Pages 18 — 19
Councillor Reports
New Business
Discussion Period
Confidential
Adjourn
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10-0713-_ Moved By: Councillor WeberSeconded By:
Council confirms that, at the expiration of the notice of completion extension period for theSouth Grand Bend " Zone 3" Sanitary Sewage Collection System Class EnvironmentalAssessment, as requested by MOE June 11 2010, it will take no further action regardingimplementation of any plan to extend sanitary sewer services to Zone 3 until such time as athorough community dialogue regarding alternative sewer systems including gravity and ahybrid gravity/ low pressure system is undertaken;
AND FURTHER that Council continue its pursuit of financial assistance grants etc. on the
condition that no further action relative to implementation of any sewer system be taken;
AND FURTHER that this Council formally confirm that a decision relative to sanitary sewers inZone 3 will not be made within its remaining term.
1 Port Franks Yacht Club Charter# S35680
P. O. Box 103 • Grand Bend, ON NOM 1TO • Phone: 905- 385-8567 + Fax: 905- 385-9557E -Mail: [email protected] • Web: www.portfranksyachtclub.ca
Municipality of Lambton ShoresAtt'n: Mark Simpson
7883 Amtelecom Parkway, P.O. Box 610,
Forest, ON NON 1JO
July 7, 2010
Dear Mr. Simpson,
as
For many years now the Port Franks Yacht Club has been holding fundraising events and
activities in order to help fund various park and community improvements such as new marinaplayground equipment, channel markers in the Ausable river, a lighted strobe to mark the safe
entrance into the river from Lake Huron, the pavilion structure including a new kitchen andwashrooms, a webcam at the mouth of the river showing lake conditions and a GPS unit for the
local fire department. As a result of recent fundraising initiatives we have raised enough moneyto fund a new project that will further enhance the Port Franks Marina facilities.
We are proposing a new 20' x 40' x 4" deep cement pad be added beside the existing cementpad of the pavilion. Please see the accompanying document that shows an aerial view of theproposed location.
Adding a cement pad with a basketball net in this location will not only offer additionalrecreational activities for boaters and community residents but it will also double as an extraseating area for events held in the pavilion. This provides an added value to groups that are
interested in renting the pavilion.
The Port Franks Yacht Club will provide all of the materials required for the cement as well as
the basketball post, net and backboard, in addition to excavation, base fill, site preparation and
clean up. We have obtained competitive professional quotes for this project and are prepared
to commence with the construction upon approval from the municipality. Total cost for the
completion of this project is approximately $3800.
The PFYC is willing to oversee all time and financial requirements associated with the planningand construction of the pad in compliance with municipal requirements. Our hope is that the
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an
construction could be completed before our Annual August BBQ and Raffle ( Aug28t, 201),
which is our main fundraiser of the season.
In addition, our club is also willing to fund any improvements that may be required to enhance
the strength of the wireless internet service that was installed last year. Unfortunately, the
signal strength is not sufficient and the boaters in the marina cannot access it unless they arestanding within several feet of the tower. One of our directors is an IT specialist who has also
offered to volunteer his technical services to help with this enhancement if required.
We would very much like to assist the municipality with this initiative so that all boaters withinthe marina are able to access the wireless internet. This will' insure that seasonal boaters are
able to stay on their boats within Port Franks for longer periods of time. In turn, this helps to
support the local economy as these boaters will shop at local stores, and eat at local
restaurants. Even though many of these boaters do not reside within Lambton Shores, they doconsider Port Franks to be their summer `residence' and like to spend as much time as possible
there.
As we continue to raise funds for community improvements, we look forward to partnering withthe municipality to enhance the marina, waterways and community of Port Franks. With this in
mind, we are always open to suggestions from the municipality as to how our fundraisingefforts can best help the community.
Thank you very much for your consideration of these two initiatives. We look forward to yourresponse.
Sincerely,
Gerry MullerCommodore, PFYC
On behalf of the Port Franks Yacht Club.)
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E
NOW
a
iow
s
1
E New Cement Pad - 40' long x 20' wide and approximately 4" deep. Will start at existing pavilion
j cement pad and extend out alongs the south side of pavilion. i
New post -
mounted
Basketball
Hoop, Net & Backboard.
i r
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0THE MUNICIPALITY OF LAMBTON SHORES
C.A.O. Report No. 26-2010 Friday, July 9, 2010
TO: Mayor Minielly and Members of Council
FROM: John Byrne Chief Administrative Officer
RE: Zone 3 Ground and Surface Water Testing Results — Final Report
RECOMMENDATION:
Information only — Receive and File
REPORT
At last Monday's Council Meeting, the Director of Community Services submitted areport presenting a " Technical Memorandum" from Golder Associates in regard to theirreview of comments made by the Zone 3 Community Group Committee on thegroundwater and surface water testing results related to the Zone 3 EA process.
The report presented along with the Director's report only included a " DRAFT" and
unsigned version of the report. We are now in receipt of a final signed version of the
report and it is attached hereto. No changes were made from the DRAFT version. Ihave also placed an electronic version of the report on the Municipal Web Site.
TO Ms. Peggy Van Mierlo-West, Director of Community ServicesMunicipality of Lambton Shores
CC Mr. John Byrne, CAO
Municipality of Lambton Shores
Mr. W.A. Boussey, P.Eng. Dillon Consulting Limited
FROM Mr. Philip R. Bedell, P.Eng. EMAIL phil bedell@golder,com
REVIEW OF COMMENTS BY COMMUNITY GROUP ONGROUNDWATER AND SURFACE WATER TESTING RESULTSZONE 3SANITARY SEWAGE COLLECTION SYSTEMCLASS EACOMMUNITY OF GRAND BENDMUNICIPALITY OF LAMBTON SHORES, ONTARIO
Dear Ms. Van Mierlo-West:
Introduction
This technical memorandum provides our analyses of the comments provided by the Zone 3 Community Group, specifically the April 8, 2010 presentation by Dr. Carl Belke pertaining to the groundwater and surface watertesting results for the above -noted study.
Background
The results of the groundwater and surface water monthly monitoring and sampling by Golder Associates Ltd. Golder) for the period November 2008 to December 2009 has been provided in Golder Report No. 08 -1132-
116 -O -R02 entitled "Summary Report on Groundwater Monitoring Wells, Community of Grand Bend, Municipalityof Lambton Shores, Ontario", dated December 16, 2009. The program is being continued, as requested, on aquarterly basis.
Zone 3 Community Group PresentationThe presentation related to the hydrogeologicai issue consisted of a series of 15 powerpoint slides. The
following are our comments on the presentation issues with which we do not agree:
Aquifer System
The overburden aquifer system is stated to be " from 3 to 7 metres below surface and 7 to 20 metres deep." Zone 3 is located on the Lakeshore dunes and the overburden aquifer is unconfined with the sand deposits
GolderAssodetae: Ope. am In Africa, Asia, AustrolaoI4 Europe, North Amain and South Amodca
Colder, Golder Associatee end the GA globe design ere tradsmeft of polder Asaadstes Corporatlon.
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Ms. Peggy Van Mledo-West, Director of Community Services 08-1132- 116-0-M02
Municipality of Lembton Shores July 8, 2010
extending from ground surface to depths of as much as 20 metres. Groundwater levels are typically 3 to 7metres below the ground surface.
Analytical Parameters
It was suggested during the presentation that only four ( 4) of the analytical parameters analysed for aresignificant for septic system effluent. This is not correct. In addition to E -coli, phosphate, ammonia and nitrate,
dissolved organic carbon ( DOC), total dissolved solids ( TDS) and chloride are parameters which relate to thepotential impacts of septic systems.
Phosphorus Concentrations
The water quality limft for phosphorus given in the presentation is unclear. However, as stated by the ProvincialWater Quality Objectives ( PWQO), "A high level of protection against aesthetic deterioration will be provided bya total phosphorus concentration for the ice -free period of 10 pg/L or less, This should apply to all lakesnaturally below this value". Based on data available from the United States Environmental Protection Agency, phosphorus concentrations in Lake Huron generally range between approximately 3 and 5 pg/
Lt.
Therefore,
phosphorus concentrations in Lake Huron should be maintained below the 10 pg/ L limit.
In the presentation, the concentration of phosphorus In groundwater was given as an average value of all data
from all monitoring wells over the period of record. Averaging of the analytical results without regard to locationand groundwater gradients is not correct. Since the groundwater flow direction is towards Lake Huron,
concentrations of septic system related contaminants are expected to increase along the groundwater flowdirection. Concentrations of phosphorus in the downgradient well MW -9 were measured as high as 130 pg/ Lduring the monitoring program. These results indicate that septic discharges in Zone 3 are providing a source ofphosphorus to Lake Huron. Elevated concentrations of phosphorus have the potential to promote nuisance algal
growth, thereby damaging the health of the nearshore aquatic environment.
Ammonia Concentrations
Ammonia was quantified in the presentation as an average concentration of less than 0.06 mg/L with a limit of0. 1 mg/L. Again, blanket averaging of results is incorrect.
Dissolved ammonia is present in two forms, the ionized ( NH4+) and unionized form (NH3). The relative amount ofeach form is dependant on the pH and temperature. The PWQO guideline for ammonia is based on the
concentration of the unionized form. Based on the measured pH and temperature range of groundwater in Zone
3, the measured ammonia concentrations likely represent concentrations of unionized ammonia that are belowthe PWt0O guidelines.
However, the presence of ammonia in groundwater is an indicator of septic system contamination. Under thetypical pH and temperature conditions measured in groundwater within Zone 3, ammonia will be present
primarily as the ionized ( NH4) form. As a positively charged ion, NW, will tend to sorb to negatively chargedsoil particles, which generally limits its mobility within groundwater aquifers. Further, within the highly oxic (highconcentrations of dissolved oxygen) groundwater conditions measured within Zone 3, ammonia is rapidlyconverted to nitrate through the microbial process of nitrification.
United States Environmental Protection Agency, Great Lakes Monitoring, Limnology Program, http://www.epa.gov/ginpo/monitoring/ indicatomaimnologyfindex. htm – Accessed June 17, 2010.
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Ms. Peggy Van Mlerlo-West, Director of community Services 08-1132-116-0-M02
Municipality of Lambton Shores July 8, 2010
As such, the presence of ammonia in groundwater samples from Zone 3 suggests that much higher
concentrations are likely present elsewhere in the aquifer. For these reasons, the presence of ammonia ingroundwater samples collected from Zone 3 Indicates contamination from septic systems.
Nitrate Concentrations
The criterion for nitrate of 10 mg/ L given during the presentation was based on the Ontario Drinking WaterStandards ( ODWS) and does not apply since the groundwater discharge is to surface waters. The CanadianCouncil of Ministers of the Environment (COME) Canadian Water Quality Guidelines for the Protection of AquaticLife provides a limit of 2. 9 mg/L for the protection of aquatic life forms in surface water. This limit is related to thedirect toxicity to aquatic organisms and does not account for eutrophication effects.
Based on data available from the United States Environmental Protection Agency, the concentration of nitrate inLake Huron has historically ranged from approximately 0.3 to 0. 35 mg/ LZ. The nitrate concentration provided inthe presentation was an average value of all data from all monitoring wells over the period of record. This isgrossly misleading as it ignores the effects of groundwater flow and varying site conditions and therefore doesnot capture the effect of the septic systems. Concentrations of nitrate in the downgradient well MW -9 have been
measured as high as 6.5 mg/L. This is a clear indication that septic systems in Zone 3 are contributing nitrate toLake Huron.
It was stated in the presentation that the data does not indicate an increasing trend of nitrate concentration overtime. However, the averaging technique used to plot nitrate concentrations against time is inappropriate, asdiscussed above, and masks the true variations. Some wells, such as 5, 8 and 9, indicated increasing nitrateconcentrations over the study period. Further, the period of study, while giving some Indication of seasonalvariations, is far too short to define long-term trends. Short term (month to month or year to year) variations ingroundwater quality are to be anticipated in response to variations in precipitation on similar time scales.
Summary Questions
The summary questions listed in the presentation and the correct responses are:
1. Q: Is the groundwater being impacted by Zone 3 septic systems?
A: There is very dear evidence that the groundwater is being adversely impacted by septic systems.
2. Q: Are the levels of NO3 of concern?
A: The concentrations of nitrates in the groundwater discharging to the surface water In Lake Huronexceed the CCME criterion established for the protection of aquatic life. As detailed below, the
groundwater discharge from Zone 3 to Lake Huron represents an annual load of approximately19, 000 kilograms of nitrate ( as nitrogen) and 400 kilograms of phosphorus from Zone 3 to LakeHuron.
3. Q: Are the levels of NO3 increasing?
A: In some areas, concentrations are increasing. Overall averaging is very misleading. The durationof the groundwater monitoring program is far too short to identify any long term trends ingroundwater quality.
2 United States Environmental Protection Agency, Great Lakes Monitoring, Limnology Program, http:/Avww.epa.gov/glnpo/manitoringriindieatorrRmnologyriindexhtm —Accessed June 17, 2010.
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Ms. Peggy Van Mierlo-West, Director of Community Services 08. 1132.116-0•M02
Municipalily, of Lambton Shores July 8, 2010
4. Q: If the status quo is maintained, will there be an increase in groundwater NO3?
A: As detailed below, nitrate concentrations in the groundwater will increase as build out of lotscontinues, population increases and septic system discharges continue to increase. Even without
an Increase in population, increased discharges of nitrate and phosphate to Lake Huron may beexpected as the soil loses the ability to treat septic effluent with time.
Chloride concentrations are not addressed in the presentation. The measured concentrations in Zone 3 aretypically 16 times higher than in the Pinery well. This is a clear indicator of septic system impacts.
Additional Comments
Nitrate and Phosphorus Loads to Lake Huron
As stated In our summary report dated December 16, 2009, the water level measurements Indicate that theprimary groundwater flow direction is towards Lake Huron with localized groundwater discharge to Parkhill Creek
and the Old Ausable River Channel, especially during the spring months when groundwater levels are high.
The hydraulic conductivity ( K) of the granular material encountered In Zone 3 can be estimated from the grainsize distribution for representative samples collected during the borehole drilling and monitoring well Installationusing the Hazen approximation:
K = Cd' ( in Freeze and Cherry, 1979)3
where:
C = empirical constant (for K in centimeters per second (cm/s) and d
in millimeters (mm), C is equal to 1. 0); and
d,o = effective grain size at which 10 per cent by weight of the soil
particles are finer.
Based on the above relationship, the hydraulic conductivity of the saturated sand and sand and gravel aquiferwithin Zone 3 was estimated to range between approximately 1 x 10'4 to 4 x le metres per second ( m/s). It
should be noted that estimates of hydraulic conductivity obtained using the Hazen method are based on discretesamples and do not account for aquifer heterogeneity. As such, the bulk hydraulic conductivity of the aquifermay be much greater than these estimates and the flow rates discussed below likely represent lower rangeestimates.
Based on the average groundwater and surface water levels measured over the period of study, the averagehorizontal hydraulic gradient between Zone 3 and Lake Huron was approximately 0.005.
Using these values, and assuming a porosity of 0.3 for the sand aquifer, the average linear groundwater velocityis estimated to be as much as 210 metres per year towards Lake Huron. Assuming an approximately 10 metrethick mixed zone within the groundwater aquifer, this flow represents a discharge of approximately 3.5 billionlitres per year (3.5 x10e ms per year) of groundwater from Zone 3 to Lake Huron.
3 Freeze, R. Allan, Cherry, John A. (1979) Groundwater. Prentice -Hail Inc.
Ms. Peggy Van Mlerlo-West, Director of Community Services 08- 1132-118-0• M02
Municipality of Lambton Shores July 8, 2010
Based on the average concentrations measured at the downgradient well MW -9, this discharge represents an
annual load of approximately 19,000 kilograms of nitrate ( as nitrogen) and 400 kilograms of phosphorus fromZone 3 to Lake Huron.
Denitrification
It has been suggested that denitrification would be able to remove nitrate from the groundwater in Zone 3 before
it is discharged to the environment. However, research has shown that denitrification is unable to remove nitratefrom septic system effluent in sand aquifers with a high dissolved oxygen concentration4.
The microbial process of denitrification is the step -wise reduction of nitrate through to nitrite, nitric oxides andfinally to molecular nitrogen. Heterotrophic bacteria are responsible for much of the denitrification activity insoils; however, these bacterial species are facultative aerobes and only denitrify when oxygen becomesdepleted. Denitrifying microbes utilize nitrate to oxidize organic material to gain energy for growth and function. Thus, two conditions are needed for denitrification to occur: a lack of dissolved oxygen and a source of organicmaterial. Based on groundwater monitoring data, the concentrations of dissolved oxygen in groundwater inZone 3 were generally high, while the concentrations of dissolved organic carbon ( DOC) were generally verylow. Furthermore, the concentration of dissolved oxygen measured in Lake Huron was always high and theorganic content of beach sand Is very low. Therefore, due to the high dissolved oxygen concentrations and lackof organic material, it is highly unlikely that denitrification is removing a significant amount of nitrate in the nearshore environment where contaminated groundwater from Zone 3 is discharging to the lake.
Simplified Numerical Modelling
Simplified numerical modelling of the portion of Zone 3 between the Old Ausable River channel and Lake Huron
was undertaken to compare the effects of theoretical/ regulatory septic system loadings on the groundwatertogether with the effects of variations in various parameters such as:
annual precipitation;
build out of underdeveloped lots;
increases in population;
seasonal versus permanent residence occupation;
lot size; and
de -nitrification by proprietary septic systems.
In general, the modelling suggest that nitrate conditions in the groundwater would be higher than the measuredvalues; however, the pattern of increasing concentrations towards the lake is consistent. The potential effects ofthe parameters noted above were found to be:
Annual Precipitation - A decrease of 10 per cent would increase nitrate concentrations by about 10 percent.
Build Out of All Undeveloped Lots - An increase in nitrate concentrations of 15 per cent would be expected.
4 Robertson, W.D., Cherry, J.A., and Sudicky, E.A, 1991, Ground -water Contamination from Two Small Septic Systems on Sand Aquifers, Groundwater: 29(1).
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Ms. Peggy Van Mlerlo-West, Director of Community Services 08- 1132-116-0-M02
Municipality of Lembton Shores July 8, 2010
Increases in Residential Population - Current values are based on two people per residence. An increase
In nitrate concentrations proportional to any increase in population would be expected.
Seasonal Versus Permanent Occupancy - Full permanent occupancy would increase nitrate levels byapproximately 25 per cent.
Lot Size - if any lots were subdivided, additional nitrate loadings would occur.
Furthermore, the available research indicates that, with continued application of septic effluent, the ability of soilto treat the effluent may decrease over time6,
6. This would lead to a long term increase in nitrate and
phosphorus discharges to Lake Huron, even without an increase in population.
Conclusions
Based on the results of the monitoring program, it is clear that septic systems in Zone 3 are contributing nitrateand phosphate loads to Lake Huron. The Lake Huron Centre for Coastal Conservation, in association with
Environment Canada, has consistently identified private septic systems as a major source of bacterial andnutrient contamination to the southeastern shore of Lake Huron and have cited much research indicating thatseptic systems in sandy soils contribute significant amounts of nitrate and phosphorus to the nearshoreenvironment'. The input of these nutrients may contribute to the growth of nuisance algae and to a generaldecline in the water quality and health of the nearshore lake environment.
Closure
We trust that this technical memorandum is sufficient for your immediate requirements. If further detail is
5 Viraraghavan, T., and Warnock, R.G., 1976, Groundwater Pollution from a Septic Field, in Water, Air, and Soil Pollution, 5, pp 281- 287e Hamran, J., Robertson, W.D., Cherry, J.A., and Zanini, L, 1996, Impacts on a Sand Aquifer from an Old Septic System: Nitrate andPhosphate. Groundwater, 34(6), pp 1105-1114
7 The Lake Huron Centre for Coastal Conservation, 2004, Nearshore Water Quality, A Preliminary Report on Historical Nearshore WaterQuality Information for Southeastern Lake Huron, Sauble Beach to Samis.
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THE MUNICIPALITY OF LAMBTON SHORES
CL Report No. 55-2010 Thursday, July 8, 2010
TO: Mayor Minielly and Members of Council
FROM: Carol McKenzie, Clerk
RE: Ipperwash Boat Launch Area
RECOMMENDATION:
That, for 2010, the status quo with respect to boat launchingat the Centre Ipperwash Road allowance be maintained, and
that the issue be referred to a community meeting in the fallof 2010, for implementation of the recommended solution in
2011.
REPORT
At the last Council meeting, a report was requested on a solution to the blockage of theboat launch areas in Ipperwash. These areas have been used as a free " launch ramp" for many years, and several options to regulate the area have been considered over theyears and each were met with resistance from the community.
In 1994, at the request of the Centre Ipperwash Association, the areas at the end of the
3 Ipperwash road allowances ( now Army Camp Road, Centre Ipperwash Road andWest Ipperwash Road) were designated exclusively as "boat launch areas only", due to
safety concerns with swimmers and picnickers and cars all using the area where boatswere being launched, with no organization at all. This solution has worked reasonablywell over the years.
Since that time, additional regulations have been added, such as the designation of
handicapped parking areas, and the creation and signing of emergency accesses. Beach goers are allowed to load/ unload their vehicles in this area, and then parkelsewhere. Vehicle without trailers, and vehicles parked in the areas designated as
handicapped or emergency access are ticketed when observed.
At the end of West Ipperwash Road, there usually aren't problems with blocking theroad allowance as there is a significant beach area in addition to the road allowance
that can be used to launch boats and park trailers. At Army Camp Road, there areusually only 2 - 3 people on a weekend using this area, and they leave the vehiclesalong the waterfront or along the fence. Due to the low number of persons using thisarea, there has never been an access issue.
12.
The busiest of the three road allowance ending for boat launching is Centre IpperwashRoad, and it would not be unusual to see 20 or more vehicles and trailers at this
location.
The issue raised was of people launching their boats, and leaving the tow vehicle andtrailer at the shoreline and blocking the access to the lake. In addition to beinginconsiderate, this is a potential safety hazard as people are also blocked from leavingthe lake, which can be dangerous in the event of a storm.
The following is a very brief review of several options, most of which have been
considered at some time in the past, but have not been implemented:
1. Status Quo
The status quo would consist of restricting parking in the area to tow vehicles andtrailers, and disabled persons parking. This was the consensus reached in the 1990' sand when threatened with possible regulation by the municipality, the boatingcommunity at that time agreed to police itself and make sure that the area worked foreveryone,.
Pros:
Very little cost to the municipality, other than regular patrols already in thebudget.
Residents of the community ( and outside as well) can take advantage of freelaunching and parkingThe community is familiar with this use
Cons:
There are times when it is extremely busy, and/or a boaters are inconsiderateand park in a way that block all others
2. Initiate a Launch Fee
Currently, the community is using municipal property to launch boats free of charge. Elsewhere in the municipally, there is a fee of $ 15.00 to launch a vessels under 25 feet
at municipally owned launch ramps.
The municipality could regulate the use of the area and the launching of boats by gatingthe top of the hill, and charging a fee to launch.
Fees could be required on weekends and holidays only, as that is primarily when thereare congestion issues.
Pros:
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It would be a condition of launch that the municipality dictate where a vehicle • would park
When the available parking areas were full, boats would be turned awayRevenue from the launch fees would offset the cost for installing the gates, staffing, monitoring and maintaining the area
Cons
Lack of support from the boating communitySet up costs for the erection of the fence and the manpower costs are not in thebudget for 2010
There may not be sufficient time to construct the required gates etc for the 2010season
There would be a fairly significant number of cash transactions, with limitedmeans of monitoring the cash handlingPaying a fee to launch may require the area to be maintained so that personscan launch their vessels safely. ( at times, the vehicles get stuck on the sandbars)
3. Designate a launch and load area
An option would be to designate a 16' area on either side of the guide rails as a boatlaunch and a boat load area. This would still allow for parking of 6- 8 vehicles and trailersalong the shore, yet always retain an area for launching and loading.
Pros:
There would always be an area available for launching and loading of boatsIt would be a more structured organization than what is currently in placeThere would not be any additional enforcement or regulatory costs as
enforcement would be the same as currently in place
Cons:
The cost to install the guiderails and to move the pedestrian openings would beapproximately $ 5,000.00 which is not in the budget and in not recoverable as itwould be in option 2
There may not be sufficient time to construct the required guiderails for the 2010season
There could be someone who blocks the ingress/egress
Ability to tow those blocking the ingress/egress* Congestions if there are a number of boats trying to leave at the same time.
4. Allow launching, but ban parking on the road allowance
One of the suggestions from the past was to allow all vessels to be launched at the roadallowance, but require the vehicle to be parking in the lot immediately adjacent to the
14o,
road allowance. This would allow all boats to be launched, without any blockage of thelake front.
0
Pros:
The area would remain clear at all times to allow all persons to launch
Cons:
This had been proposed before and there was significant opposition from thecommunity as it was considered too onerous to launch the boat and then movethe vehicle. There was also a concern for boaters returning to shore when badweather comes up quickly and there are a number of boats trying to leave at thesame time.
Costs to monitor the parking are not in the 2010 budgetNo revenue to offset additional costs
Ability to tow* violators
S. Designate the area between the two guide rails as a " Tow Away Area"
Pros:
Vehicles would not block the lake access.
Cons:
the manpower costs to patrol and enforce this regulation is not in the budget for2010
ability to tow violators*.
6. Banning the launching of boats and allowing parking on the road allowance
Many people would agree that, although the road allowance endings have been usedfor decades as a boat launch area, it is not the intended purpose of the road allowanceendings. There have also been complaints that the boaters receive preferentialtreatment by having exclusive rights to the road allowance, whereas families would loveto park in closer proximity to the beach.
In addition, the driving of tow vehicles into the lake to launch the boats is considered tobe environmentally unsafe, and harmful.
There are also safety concerns with vehicles backing in and out of the water — especially the number of vehicles when storms are pending. Even though the area ismarked no swimming, as we know, often times signs are ignored or unseen.
Pros:
All of the community would have the right to use the road allowance
Cons:
the boating portion of the community would not be supportive of this action .
Towing of Vehicles
It has often been discussed that vehicles that are parked in violation of the regulationsshould be towed. If a tow away zone is established at the end of the road allowance, orin any portion thereof, it is possible to tow truck and trailer, and it has been confirmedthat it may be possible to tow a tractor. The "may be" refers to the fact that it would benecessary to tow the tractor on a flat bed, but if the trailer is attached with a trailer lock, it may not be possible to tow both tractor and trailer.
A vehicle (car or truck), if parked in violation of the regulations can be ticketed under the
parking by-law as it is a " licensed vehicle". A tractor is not a licensed vehicle, even
though it may have a VIN number, it is not registered with the MTO. And it is notpossible to ticket a trailer, even though it is licensed. Therefore, if the violating vehiclewas a tractor, the charge would be a POA Part 1 ticket under the "Trespass to PropertyAct" for "engaging in a prohibited activity".
If towing was initiated, one of the requirements would be that the towed vehicles betaken to a secure location, in order to ensure that the tow company receives paymentfor the towing of the vehicle. Signage and directions as to where the vehicle was takenwould need to be erected.
If the towed vehicle is a tractor, it is most likely that the owner is a resident in the areaand would have access to a vehicle to drive to the secured location. If the vehicle is a
car or truck, and the person a visitor to the area, it may be more difficult to access thesecured location, as they would need to call a taxi to arrange transportation.
Summary and Recommendation:
This issue has been debated for many years and is a very divisive issue in thecommunity. Regardless of the option selected, it will be important to communicate thechanges and the reasons for the change with the community.
As it may be challenging to implement any of the alternatives in the short period of timeleft in the 2010 summer season, and without having the necessary time to consult oradvise the community, the recommendation is that, for 2010, the status quo with respectto the boat launching area at the Centre Ipperwash Road allowance be maintained, andthat the issue be referred for discussion at a community meeting in the fall of 2010, forimplementation of the recommended solution in 2011.
Respectfully submitted,
con"16,
Carol McKenzieClerk
I6.
1
0 THE MUNICIPALITY OF LAMBTON SHORES
CL Report No. 57-2010 - Thursday, July 8, 2010
TO: Mayor Minielly and Members of Council
FROM: Carol McKenzie, Clerk
RE: A By- law to Authorize the Collection of Sums Assessed for theMaintenance of Certain Drains
RECOMMENDATION:
That CL Report No. 57-2010 respecting the collection offunds for brain Maintenance works be accepted as
presented, and By -Law 64-2010 be approved.
REPORT
Each year, maintenance is performed on a number of the 500 plus drains under the
jurisdiction of the Municipality. The cost for the maintenance work is allocated to thebenefiting property owners based on the approved drainage schedule. The sums areadded to the appropriate tax roll, and collected with the final tax installments.
In order to levy and collect the sums, an authorizing by- law is required, and By-law 64- 2010 has been prepared, which includes Schedule " A" that provides details on therecoverable costs for the drain maintenance program.
Respectfully submitted,
Carol! cKenzie
Clerk
THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES
BY-LAW NUMBER 64 OF 2010
Being a By-law to collect the sums from the lands and roads assessedfor the maintenance of certain drains.
WHEREAS: The sums for the maintenance of the attached drains have
been advanced out of the general funds of the Municipality.
AND WHEREAS: It is necessary to levy and collect the said sums under theprovisions of the Drainage Act.
AND WHEREAS: The Municipal Council of the Municipality of Lambton Shoresenacts as follows:
That the said sums are hereby charged and assessed pro - rata upon the lands and roads assessed for the maintenanceof certain drains as per the drainage schedules, and
summarized on Schedule "A" to this by-law.
THEREFORE: The amounts so assessed against each of the said lots orparts of lots as set forth in the maintenance schedulesprepared shall be levied and collected in the same mannerand at the same time as other taxes are levied and collectedfor the year 2009 from the said lots and parts of the lots and
the sum so assessed against the Municipality of LambtonShores shall be paid out of the general funds of theMunicipality.
Read a FIRST and SECOND time this 13th day of July, 2010
READ THIRD TIME AND PASSED THIS 13"' DAY OF JULY, 2010
