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May 17, 2018 6:00 P.M THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PUBLIC MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, May 17, 2018 6:00 p.m. – Lakeshore Line 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 4. PURPOSE A. Overview of the municipal assessment of Lakeshore Line and proposed process going forward to provide abutting property owners on the subject portion of Lakeshore Line with private access to public roads through conveyance and easements 5. PRESENTATION A. Robert Cascaden, P. Eng. IBI Group and Paul Riley, Planner IBI Group re Lakeshore Line Shoreline Erosion Response Strategy 6. PUBLIC PARTICIPATION 7. CORRESPONDENCE A. Craig Newton, Regional Environmental Planner / EA Coordinator Ministry of the Environment & Climate Change Southwestern Region re Ministry of Environment and Climate Change Response to Municipality of Bayham’s Lakeshore Line Erosion Response Strategy B. IBI Group re Lakeshore Line Shoreline Erosion Response Strategy; Lakeshore Line – Road Closure; Municipal Class Environmental Assessment C. Tom Manley re proposed closure of Lakeshore Line east of Clarke Road D. Andy & Donna Eveland re closure of Lakeshore Line from Clarke Rd. to Elgin Cty. Road 55 E. Bruce Bolin re Lakeshore Line Erosion Response Strategy F. David Borbely re Lakeshore Line Erosion Response Strategy G. Ron Allensen re Lakeshore Line Erosion Response 8. OTHER BUSINESS 9. ADJOURNMENT From: Newton, Craig (MOECC) [mailto:[email protected]] Sent: April-26-18 2:17 PM To: Paul Shipway <[email protected]> Cc: Wrigley, Rob (MOECC) <[email protected]>; Consultations <[email protected]> Subject: Mnistry of Environment and Climate Change Response to Municipality of Bayham's Lakeshore Line Erosion Response Strategy Mr. Shipway: This e-mail acknowledges this ministry’s receipt, with thanks, of the Municipality of Bayham’s letter of April 20th, 2018 addressed to this ministry pertaining to the Municipality’s proposed Lakeshore Line Erosion Response Strategy. The aforementioned strategy proposes, in part, to permanently close Lakeshore Line from Clarke Road to Elgin County Road 55 due to significant shoreline erosion hazards, loss of tablelands and associated public safety risks. In response, in case you are not already aware, this ministry draws to your attention that the Municipal Engineers Association Municipal Class Environmental Assessment has a series of Project Schedules pertaining to Municipal Road Projects. As per section “A.1.2.3 Responsibility for Compliance with the EA Act (page A-5)” of the MEA Municipal Class EA, the Class EA process is a self- assessment process. In all situations where the Class EA process is applicable to a project, it is the responsibility of the proponent, in this case, the Municipality of Bayham, to ensure that the planning process as set out in the Class EA document is undertaken. If a proponent incorrectly determines that the Class EA does not apply, or if a proponent selects the incorrect Schedule, it is the responsibility of the proponent to rectify the matter and meet the requirements of the Class EA process. This ministry urges the Municipality, in concert with its consultants for this project IBI Group and/or Shoreplan Engineering, to reference the Municipal Class Environmental Assessment parent document to determine its obligations under the Municipal Engineers Association Municipal Class Environmental Assessment for the permanent closure of Lakeshore Line from Clarke Road to Elgin County Road 55. Yours truly, Craig Newton Regional Environmental Planner / EA Coordinator Ministry of the Environment & Climate Change Southwestern Region (519) 873-5014 IBI GROUP 203 – 350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 ibigroup.com May 7, 2018 Mr. Paul Shipway CAO/Clerk Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0 Dear Mr. Shipway: LAKESHORE LINE SHORELINE EROSION RESPONSE STRATEGY LAKESHORE LINE - ROAD CLOSURE MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT IBI Group, in conjunction with other consultants, prepared a report for the Municipality of Bayham titled “Lakeshore Line Shoreline Erosion Response Strategy” dated April 16, 2018. This report provided a summary of the problem at hand and proposed a strategy to address this situation. The proposed strategy is to close portions of Lakeshore Line between Clarke Road and County Road 55 with these closed portions being conveyed to abutting registered property owners. It is our understanding that the Municipality has mailed notices to property owners abutting the portions of road proposed for closure and have posted the notice on line and published the notice in the local newspaper. The Municipality included the Ministry of the Environment and Climate Change in the circulation of the notice. In response to comments provided by the MOECC, IBI Group has been requested by the Municipality to provide an opinion as to which Municipal Class EA schedule the permanent road closures would fall within. We have reviewed the scope of the project and the Municipal Class EA document and are of the opinion that this project is a Schedule A+ - Pre-Approved activity under the Municipal Road Projects Schedules, item #40 “Retirement of existing roads and road related facilities” with no financial limit. This opinion was discussed with Mr. Craig Newton of the MOECC by phone on April 30, 2018. Mr. Newton did not disagree with our determination of project schedule. It is noted that the Municipal Engineers Association (MEA) Municipal Class EA document provides sample notices in the document however these samples are all for mandatory notifications on Schedule ‘B’ and ‘C’ projects. The EA document states that the following for Schedule A+ projects: “the manner in which the public is advised is to be determined by the proponent.” IBI Group is of the opinion that adequate notice has been provided to the public given this project is a Schedule A+ - Pre-Approved activity. IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies Paul Shipway, CAO/Clerk May 10, 2018 Municipality of Bayham consultations @bayham.on.ca Attention Paul Shipway, Please accept this letter of comment regarding the proposed closure of Lakeshore Line east of Clark Road. My wife Lorraine and I are owners of the woodlot at 55669 Lakeshore Line. Our main interest in this property is for recreation purposes and for the protection of a valuable natural space along the lake. We have been discouraged with the increased rate of erosion associated with high lake levels, and other factors, over the past few years. We want to voice our encouragement into the possibility of establishing a headland, or some other means of shoreline protection at the foot of Clark Road. If the Municipality choses to undertake any measures to mitigate the erosion problem, we support proper study along with a carefully measured economic response. We will look forward to learning more of the Municipalities plans on May 17th. Sincerely, Tom Manley 519-532-2556 ATTENTION: Paul Shipway RE: Closure of Lakeshore Line from Clarke Rd. to Elgin Cty. Road 55 Questions regarding proposed closure: 1) What is plan B if and when Clarke Road intersection is not usable? 2) When and why was Csinos Road allowance to Glen Erie Line closed and was there public notice regarding this closure? 3) Are there plans to try and prevent erosion near Clarke Road? Thank-you Andy & Donna Eveland 4690 Csinos Rd, Port Burwell 10 May 2018 Municipality of Bayham P. O. Box 160 56169 Heritage Line Straffordville, Ontario N0J 1Y0 Open Letter Regarding: Lakeshore Line Erosion Response Strategy I have no major opposition to the closing of the addition portions of Lakeshore Line. However, I do have some related questions and concerns. 1. The signs that have been installed announcing the proposed closure are provoking curiosity and attracting sightseers who wish to see first-hand the erosion conditions that have provoked the proposed closure. They risk injury to themselves and first responders. Doubtless this is unintended additional risk, but it is real. On or about April 28 someone crashed into the ROAD CLOSED sign that was there before one of the new signs was installed, and in late winter had been installed about a foot into the westbound lane. Was the driver distracted by the newer, larger sign? Damaged ROAD CLOSED sign and new sign on the north side of Lakeshore Line at the intersection with ECR 55. 2. Why does the sign say “TEMPORARY ROAD CLOSURE” instead of ‘Proposed Road Closure’? My understanding is it not proposed to be temporary, and the closure has not yet been approved. 3. Who will be responsible for insuring that the pavement does not enter the lake? After the 2002 closure (about 2005), equipment was brought in to remove and haul away the pavement from that section. I would hope Bayham will accept responsibility for this process and budget for it. I, for one, would not accept ownership of a portion of the closed road right-of-way if it comes with the liability of removing the pavement before the lake comes to it. 4. Will mail delivery still be provided by Canada Post? 5. Will trash and recycling pickup continue? 6. Will snowplowing services continue? This is not a major concern for me personally as the strong winter winds off the lake usually remove most of the snow, but for some, this may be an issue. 7. Why were only 21 days allowed for public responses. Clearly this proposal has been in the works for months. I first noticed a new survey stake on January 21 while confronting some trespassers. At the time, I had no idea who put it there or why. I don’t know when it first appeared.
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