Council Meeting 6: 00 P. M
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THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES Council Meeting Meeting Number: 19 -2013 Date of Meeting: Thursday, June 20, 2013 Time: 06:00 p. m. Place of Meeting: Legacy Centre —Thomas Hall, Thedford AGENDA Pages 1. Call to Order 2. Declaration of Pecuniary or Conflict of Interest 3. Consent Agenda 3. 1 CL Report No. 62 -2013 - Re: Applications heard by the 1 - 2 Committee of Adjustment on May 23, 2013 and Applications to be heard by the Committee of Adjustment June 27, 2013 4. Confirmation of Minutes from Previous Meetings 4. 1 Regular Council Meeting - June 6, 2013 3 - 15 5. Delegations, Public Meetings & Presentations 5. 1 6: 00 p. m. - Philip Walden, Agent for Archie Gibbs - Re: Grand 16- 19 Bend Harbour Ttitle Ownership 5. 2 6: 10 p. m. - Justin Speake - Re: Pace Car Initiative 20 - 30 5. 3 6: 20 p. m. - Jim Davies - Re: J. D.' s Summer House - Outdoor Cafe 31 - 32 See CL Report No. 63 -2013 pages 134 - 135) 6. Correspondence & Petitions Correspondence - Receive and File 6. 1 Gordon Perry & Muriel Wright, Co- Chairs, Lambton County 10191MK! Regional Trails Committee - Re: Lambton County Regional Trails Regional Roads Construction Correspondence - For Council Direction 6. 2 Brenda J. George, Kettle & Stony Point Powwow Committee 35- 35 Member - Re: Request for Donation to Assist in Powwow Event 6. 3 Margaret Bloomfield - Re: Vehicles on Armstrong East 36 - 39 Powered 6y: f ['CRIBE BOARDROOM 7. Consideration of Committee Minutes and Staff Reports 7. 1 Minutes of the Harbours Committee Meeting held May 17, 2013 40- 42 Planning 7. 2 PL Report No. 31 - 2013 - Re: Amending Site Plan Agreement 43- 51 between Lambton Kent District School Board and the Municipality 15 Gill Road, Grand Bend Community Services 7. 3 D. C. S. Report No. 80 -2013 - Re: Request for Wedding Ceremony 52- 55 to Take Place on Municipal Property 7. 4 D. C. S. Report No. 81 - 2013 - Re: Future Sewer Expansion Area 56- 62 Update 7. 5 D. C. S. Report No. 82 -2013 - Re: Capital Sidewalk Replacements 63- 65 Tender Award 7. 6 D. C. S. Report No. 83 -2013 - Re: Condition Review of Former 66- 67 Thedford Library Building 7. 7 D. C. S. Report No. 84 -2013 - Re: DWQMS Update Quarter 1 of 68- 69 2013 7. 8 D. C. S. Report No. 85 -2013 - Re: North Lambton Childcare Centre 70- 72 Request Finance & Administration 7. 9 TR Report No. 59 -2013 - Re: Draft Year to Date Financial 73- 84 Statements as of May 31, 2013 7. 10 TR Report No. 61 - 2013 - Re: Township of Warwick Fire Service 85- 86 Coverage Contract 7. 11 TR Report No. 64 -2013 - Re: Website Re- development 87- 87 7. 12 CL Report No. 52 -2013 - Re: Appointing Additional Provincial 88- 89 Offences Officers 7. 13 CL Report No. 56 -2013 - Re: AMO Conference - Requests for 90- 91 Delegation to Various Ministers 7. 14 CL Report No. 58 -2013 - Re: Procedural Issues - Revisions to the 92- 122 Procedural By -law - Recommendations Regarding Correspondence, Communications and Delegations 7. 15 CL Report No. 59 -2013 - Re: Issues Pertaining to Cemeteries 123- 128 under the Jurisdiction of the Municipality 7. 16 CL Report No. 60 -2013 - Re: Building Permit Statistics and 129- 133 Planning Application Information - Up to the End of May, 2013 7. 17 CL Report No. 63 -2013 - Re: Request to Re- consider a Decided 134- 135 Matter - Re: Sidewalk Cafes 8. By -laws & Resolutions 8. 1 By -law 38 -2013 - Re: Providing for Drainage Works - Augustine 136- 138 Drain 2013 - 3rd Reading 8. 2 By -law 39 -2013 - Re: Providing for Drainage Works - Kennedy 139- 141 Line - 2013 - 3rd Reading 8. 3 By -law 60 -2013 - Re: Appoint Additional Individuals as Provincial Offences Officers ( See CL Report No. 52 -2013) 8. 4 By -law 64 -2013 - Re: Authorize Agreement with Cope Construction - Sidewalks ( See D. C. S. Report No. 82 -2013) 8. 5 By -law 66 -2013 - Re: Authorize Amending Site Plan Agreement with LKDSB ( See D. C. S. Report No. 31 - 2013) 8. 6 By -law 67 -2013 - Re: Appoint the C. A.O. for the Municipality of Lambton Shores (Available at the meeting) 8. 7 By -law 68 -2013 - Confirming By -law 142- 142 9. Accounts 9. 1 TR Report No. 60 -2013 - Re: Cheque Listing for the Month of 143- 149 May, 2013 10. Notice of Motion 10. 1 Notice of Motion from Councillor Bonesteel - Re: Protocol for Non 150- 150 Compliance of Municipal Rental Agreements 11. New Business An opportunity for an emergent issue to be discussed by Council. 12. Councillor Reports An opportunity for Members of Council to make a report. 13. Opportunity for the Public to Seek Clarification Please Note: As per By -law 37 -2012, Section 15, Subsection 13 - Questions must pertain to decisions made by Council on the items included in this agenda, and be for the purposes of clarification only, and not for the purpose of making statemetns. 14. Confidential Business 14. 1 Minutes of the Closed Session - June 6, 2013 14. 2 D. C. S. Report No. 86 -2013 - Re: Possible Property Acquisition Authorization to Close - Section 239 ( 2) c of the Municipal Act - The proposed acquisition of land by the Municipality.) 14. 3 TR Report No. 62 -2013 - Re: Legal Comment on Non -Disclosure Agreement (Authorization to Close - Section 239 (2) f of the Municipal Act - Advice that is subject to solicitor -client privilege.) 14. 4 TR Report No. 63 -2013 - Re: Legal Information ( Authorization to Close - Section 239 ( 2) f of the Municipal Act - Advice that is subject to solicitor -client privilege.) 14. 5 CL Report No. 61 -2013 - Re: Baptist Cemetery (Authorization to Close - Section 293 ( 2) b of the Municipal Act - Personal matters about an identifiable individual.) 14. 6 CL Report No. 64 -2013 - Re: A Matter Subject to Solicitor Client Privilege (Authorization to Close - Section 239 ( 2) f of the Municipal Act) 15. Adjoum THE MUNICIPALITY OF LAMBTON SHORES CL Report No. 62 -2013 Wednesday,' June',12, 2013' TO: Mayor Weber and Members of Council FROM: Carol McKenzie, Clerk RE: Applications heard by the Committee of Adjustment on May 23, 2013 and: Applications to be heard by the Committee of Adjustment on June 27, 2013 RECOMMENDATION: For information only. The Committee of Adjustment met on Thursday, May 23, 2013 to hear the following application: Mr. Mike VanKessel, Agent for 1863866 Ontario Ltd. - B- 03/ 2013 An application for consent was made by Mike VanKessel, Agent for 1863866 Ontario Ltd. for the lands described as Lot 19, Concession South Boundary, 7580 & 7606 Townsend Line, requesting permission to sever a 2. 79 hectare ( 6. 9 acre) parcel of land that will front onto Townsend Line. The retained parcel will have a total lot area of approximately 45.2 hectares ( 111. 7 acres). This severance will allow the creation of a new non -farm dwelling lot for the existing dwelling which is surplus to the Applicant' s farming operation as the result of a farm consolidation. The lands were the subject of an Official Plan ( OP- 02/2013) and Zoning By -law ( ZO- 04/2013) Amendment that were approved by Lambton Shores Council. The Committee granted this consent with the following conditions: 1. That the Owner submits to the Municipality of Lambton Shores, two copies of a reference plan showing the severed lot or submit a written description which is acceptable to the County of Lambton Registrar. 2. That the Owner satisfy the Municipality of Lambton Shores with respect to the payment of cash -in -lieu of parkland dedication which shall be $ 750. 00. 3. That the Owner satisfy the Municipality of Lambton Shores with respect to the payment of rural watermain charges for the proposed retained farm parcel if applicable. 4. That Official Plan Amendment No. 37 and By -law No. 50 of 2013 become final and binding. 1 The Committee of Adjustment will meet on Thursday, June 27, 2013 to hear the following applications: Jeff Liley, Agent for Sikke Hoiting —Minor Variance —A- 09/ 2013 Mr. Liley submitted a minor variance application for the property described as Plan 24, Lot 253, 23 Woodward Ave. in Grand Bend, requesting permission to construct an addition onto the existing dwelling on the property that will have: a) A front yard setback of 0. 91 metres whereas the By -law requires a setback of 6 metres; b) A side yard setback of 1 metres whereas the By -law requires a setback of 1. 2 metres; c) A total lot coverage of 43% whereas the By -law maximum is 35 %. Sid Kemp —Minor Variance —A- 10/ 2013 Mr. Kemp submitted a minor variance application for the property described as Plan 6, Park Lot 10, 9941 Nipigon St. in Port Franks, requesting permission to construct an accessory garage, for the purposes of recreational vehicle storage, that will have: a) A total lot coverage of 163. 70 square metres whereas the maximum size allowed is 93 square metres ( this included the existing smaller accessory building); b) A height of 7. 85 metres whereas the By -law maximum is 6. 1 metres. Aaron Lucas, Agent for Michael Beal — Minor Variance —A- 11/ 2013 Mr. Lucas submitted a minor variance application for the property described as Plan 588, Lot 84, 10255 Oakburn Crt., Southcott Pines, requesting permission to keep the existing roof structure that was constructed within the front yard setback. The existing setback is 5. 97 metres, whereas the By -law requires a front yard setback of 7. 5 metres. Muriel Maier —Consent Application —B- 04/2013 The Applicant is requesting permission to sever a parcel of land from the property described as Plan 33, Pt, Block A, 293 Ontario St.