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HomeMy WebLinkAboutMay 17, 2018 - Public 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 13AYH4-? "Pt44iii 0 1 Ppui`tunity ir iL9 LAKESHORE LINE EROSION RESPONSE STRATEGY On April 19, 2018 the Council of the Corporation of the Municipality of Bayham passed the resolutions attached hereto as Appendix 'A'. The resolutions outline the process for the Municipality of Bayham to permanently close Lakeshore Line from Clarke Road to Elgin County Road 55. The Municipality then proposes to convey the closed Lakeshore Line road allowance to abutting property owners, complete with easements, to ensure abutting property owners have private access to public roads at Stafford Road, Clarke Road, Elgin County Road 55 and Lakeshore Line at Clarke Road. The purpose of this notice is firstly to advise of the continued erosion risks along Lakeshore Line. Secondly, this notice is to advise that the Municipality has commenced a process to close Lakeshore Line from Clarke Road to Elgin County Road 55. Why is the Municipality closing Lakeshore Line from Clarke Road to Elgin County Road 55? Lakeshore Line is subject to significant shoreline erosion hazards and continues to lose tableland through this process along Lake Erie. During the 2017-2018 winter season multiple portions of the Lakeshore Line bluff system between Clarke Road and Elgin County Road 55 significantly deteriorated and eroded towards Lakeshore Line. The erosion of the bluff system has created a public safety risk, specifically the risk associated with the public use of Lakeshore Line in proximity to the crest of the bluff where Lakeshore Line ranges in distance from less than 25 metres up to 125 metres from the crest of the bluff. What portion of Lakeshore Line is the Municipality closing? The section of Lakeshore Line in question, between Clarke Road and Elgin County Road 55, is located on the north shore of Lake Erie, east of Port Burwell. The distance between Clarke Road and Elgin County Road 55 is approximately 4.5 km, stretching east-west. A section of this road approximately 730 metres to the east and west of Godby Road has already been closed due to safety concerns. That closure occurred in February 2002. When is the Municipality closing Lakeshore Line from Clarke Road to Elgin County Road 55? On April 19, 2018 the Council of the Corporation of the Municipality of Bayham provided direction to immediately close Lakeshore Line from Clarke Road to Elgin County Road 55 with a Temporary Road Closure. During the Temporary Road Closure access remains for abutting property owners and emergency services. On May 17, 2018 Council will consider a by-law to permanently close Lakeshore Line from Clarke Road to Elgin County Road 55 as a result of a public safety risk, specifically the risk associated with the public use of Lakeshore Line in proximity to the crest of the bluff where Lakeshore Line ranges in distance from less than 25 metres up to 125 metres from the crest of the bluff. How will abutting property owners on Lakeshore Line access public roads once Lakeshore Line is closed? The Municipality proposes to declare lands known as Lakeshore Line from Clarke Road to Elgin County Road 55, on a yet to be determined registered plan, surplus to the needs of the Municipality for the purposes of conveyance to abutting property owners to provide private access to public roads as a result of the closure of Lakeshore Line from Clarke Road to Elgin County Road 55. This means the Municipality, at its own cost, would divide the road allowance in two and give half of the road allowance to each abutting property owner. First the Municipality would register easements over all of the parcels to ensure all abutting property owners and utilities would have private access to public roads at Stafford Road, Clarke Road, Elgin County Road 55 and Lakeshore Line at Clarke Road. What about the rest of Lakeshore Line from Clarke Road west to Port Burwell? At this time only the portion of Lakeshore Line from Clarke Road to Elgin County Road 55 is being closed. It is recognized that other portions of Lakeshore Line may be at risk to erosion from Lake Erie in the future. Shoreplan Engineering is satisfied that at this time no additional closures are required. The Municipality will continue with ongoing general site review along the Lake Erie shoreline. Further the Municipality will implement detailed inspection and mapping every 3-5 years by engineers familiar with slope stability issues and coastal processes. This monitoring information will provide Council with information to make future decisions on when to close public roads based on public safety. Why is Clarke Road also temporarily closed from Glen Erie Line to Lakeshore Line? To provide additional public access to Lakeshore Line the Municipality proposes to upgrade Clarke Road from Glen Erie Line to Lakeshore Line as a gravel road. Clarke Road from Glen Erie Line to Lakeshore Line is largely a sand road currently. The work to upgrade Clarke Road will occur in 2018 once capital works on Springer Hill Road and Eden Line are completed. For additional information, the IBI Lakeshore Line Shoreline Erosion Response Strategy is attached hereto as Appendix B'. Additionally, the Permanent Road Closure Notice is attached hereto as Appendix 'C' and the Sale & Surplus of Lands Notice is attached hereto as Appendix'D'. Please refer to the Road Closure and Sale of Surplus Lands Notice for information on how to comment on the same. In the interim, should you have any questions, concerns or simply would like to discuss the proposed process please do not hesitate to contact the undersigned. Regards, Paul Shipway CAOICIerk 56169 Heritage Line, Straffordville, ON NOJ 1Y0 E: pshipwav(a)bavham.on.ca T: 519-866-5521 Resolution No. 1: THAT pursuant to By-law No. 2014-090, the Delegation of Powers By-law, staff be directed to temporarily close Lakeshore Line from Clarke Road to Elgin County Road 55 with access remaining for abutting property owners and emergency services; AND THAT Lakeshore Line from Clarke Road to Elgin County Road 55 be temporarily closed as a result of public safety risk of erosion of the Lake Erie shoreline, specifically the risk associated with the public use of Lakeshore Line in proximity to the crest of the bluff where Lakeshore Line ranges in distance from less than 25 metres up to 125 metres from the crest of the bluff; AND THAT pursuant to By-law No. 2007-121, the Notice By-law, staff be directed to conduct permanent road closure activities for Lakeshore Line from Clarke Road to Elgin County Road 55 with access remaining for abutting property owners and emergency services; AND THAT in addition to the notice provisions of By-law No. 2007-121 staff be directed to schedule a public meeting on May 17, 2018 at 6:00 PM at the Municipality of Bayham Council Chambers, 56169 Heritage Line, Straffordville, Ontario to present an 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; AND THAT Council direct staff to bring forward a by-law for Council consideration to permanently close Lakeshore Line from Clarke Road to Elgin County Road 55 on May 17, 2018; AND THAT pursuant to By-law No. 2015-021, the Sale & Disposition of Land By-law, the Council of the Corporation of the Municipality of Bayham declare lands known as Lakeshore Line from Clarke Road to Elgin County Road 55, on a yet to be determined registered plan, surplus to the needs of the Municipality for the purposes of conveyance to abutting property owners to provide private access to public roads as a result of the closure of Lakeshore Line from Clarke Road to Elgin County Road 55 due to public safety risk of erosion of the Lake Erie shoreline, specifically the risk associated with the public use of Lakeshore Line in proximity to the crest of the bluff where Lakeshore Line ranges in distance from less than 25 metres up to 125 metres from the crest of the bluff; AND THAT Council direct staff to provide notice pursuant to the Sale & Disposition of Land Policy. Resolution No. 2 THAT pursuant to By-law No. 2014-090, the Delegation of Powers By-law, staff be directed to temporarily close Clarke Road from Lakeshore Line to Glen Erie Line for the purposes of road reconstruction; AND THAT Council direct staff to utilize Road Construction Reserve funds to reconstruct Clarke Road from Lakeshore Line to Glen Erie Line as a gravel road at the conclusion of the 2018 Capital program. IBI GROUP I B I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date April 16, 2018 From William Pol, IBI Group Project No 3404 cc Rob Cascaden, IBI Group Subject Lakeshore Line Shoreline Erosion Response Strategy Memo Summary • Lakeshore Line between Clarke Road and County Road 55 is at risk due to Lake Erie shoreline erosion. Erosion rates inland from the lake range from 4 metres per year to 5 metres per year. • The distance from the public road to the bluff crest is between, less than 25 m to 125 m, putting the public road access at risk. On the basis of naturally occurring erosion rates, it is in the public interest to close Lakeshore Line between Clarke Road and County Road 55 in its entirety. • Land use planning policies from the Provincial Policy Statement 2014, the Elgin County Official Plan and the Municipality of Bayham Official Plan,provide policies regarding public safety as an important consideration. The closing of the road to public access conforms to these policies. • The Municipality has the authority under the Municipal Act to close public highways. Municipal By-laws for Public Notice and Disposal of Surplus lands also apply to this action. • Upon closing of the roads, Council may proceed to dispose of the surplus lands by conveying one half of the closed road to the abutting property owners at no cost. • Where the closing of the road results in loss of public road access to individual properties, with no alternative public road access, Council may proceed to establish private road access across closed portions of the road and to maintain any public utilities along the roadway. • Based on a review of the applicable municipal and planning policies it is in the public interest of safety from Lake Erie shoreline erosion risks, that Lakeshore Line from Clarke Road to County Road 55 be closed and conveyed to the abutting property owners at no cost with the establishment of private easements over portions of these lands were necessary. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—April 16,2018 Introduction 1. IBI Group is retained to assist the Municipality with a coordinated evaluation and recommended actions in response to Lake Erie shoreline erosion as it affects Lakeshore Line from Clarke Road to County Road 55. This report considers the public safety risk of lands and the public road falling into Lake Erie due to the erosion of the shoreline, specifically the risk associated with the public use and municipal operation of the road in proximity to the top of bank. The following report considers the issue based on coastal engineering, land use planning policies and the process for public rights of way conveyance to abutting property owners. This report provides supporting justification for the closing of the remainder of Lakeshore Line from Clarke Road to County Road 55. It also provides procedure to enact the closing based on Municipal authority in the Municipal Act and municipal by-laws for Public Notice(By-law No. 2007-121)and the Disposition of Land (By- law No. 2015-021). 2. The lands subject to evaluation include the north shore of Lake Erie east of Port Burwell between Clarke Road and County Road 55, a distance of approximately 4.5 kilometers. Based on 2018 images, the distance from the road to the waterline varies from approximately 75 m to 220 m. The height of the bluff slope varies but the crest of the slope extends approximately 20 m above the lake level. The distance between the crest of the bluff and the road varies from less than 25 m up to 125 m. 3. The consulting coastal engineer and the municipal planning consultant have undertaken a visual assessment of the shoreline erosion on April 5, 2018. Upon inspection, the marker stakes placed by Bayham staff were located and estimates were made of distances from the edges of the bluff crest to the road. These distances confirmed that the public road is at risk of eroding into Lake Erie and public safety is an issue. 4. Lakeshore Line from Clarke Road to County Road 55 is open to public use and municipal maintenance except for approximately 730 m in each direction, east and west of Godby Road. This section of road has been closed in 2002 due to public safety concerns. There are no observed shoreline protection structures along this stretch of Lake Erie. There are three(3)dwellings between the road and the bluff.There are three dwellings located on the north side of Lakeshore Line in proximity to the road. In addition there are a number of outbuildings in proximity to the crest which may be at risk. Engineering Evaluation 5. Shoreplan Engineering Limited (Shoreplan) a coastal engineering consulting firm, is retained to provide an assessment of the erosion and safety risks. Based on their review of several erosion investigations for this section of Lake Erie the estimated long term erosion rate is between 4 metre per year and 5 metre per year. This rate is an average observed rate over many years. A large single failure event may result in a greater loss at the crest of the bluff than an average annual erosion rate. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 3 Municipality of Bayham—April 16,2018 6. Shoreplan has considered the potential for shoreline protection in this area based on previous evaluation for a property directly west of the subject site. The estimated construction costs for the creation for protection feature, in 2018 values, are approximately $8,200/metre for a headland beach to$14,000/metre for a revetment response. In addition to construction costs, the protection feature would require additional construction costs due to the higher cliff and ongoing maintenance costs over the 25 to 50 year lifetime of the feature. Construction of shoreline protection is subject to various approvals including the Department of Fisheries and Oceans (DFO), Ministry of Natural Resources and Forestry (MNRF)and the Long Point Region Conservation Authority.The approval process for these agencies are intended to protect the whole of the Lake from impact associated with human interventions. The approval process costs are not included and would likely take several years of process and may not receive approvals. In addition if the Municipality undertakes work, it may be subject to a Class or Individual Environmental Assessment. 7. Based on their review of background materials, site visit and existing and future risk to the public use of Lakeshore Line, Shoreplan, supports the closing of Lakeshore Line from Clarke Road to County Road 55. Land Use Planning Framework 8. The following paragraphs provide the land use planning framework for Council decisions for the Lake Erie shoreline. The closing of Lakeshore Line is evaluated against the Provincial Policy Statement 2014,the Elgin County Official Plan,the Municipality of Bayham Official Plan and the Long Point Region Conservation Authority regulations. In principle, Council is responsible for the safe use, operation and maintenance of municipal infrastructure including public roads. Adopted policy direction supports Council's need to protect public safety. 9. Provincial Policy Statement 2014, Policy 1.1.1 sets out policies for healthy, liveable and safe communities which are sustained by: c) avoiding development and land use patterns which may cause environmental or public health and safety concerns. Secondly, Policy 1.6.7 Transportation Systems requires that transportation systems should be provided which are safe, ... and are appropriate to address projected needs. The closing of Lakeshore Line due to public safety concerns caused by Lake Erie erosion is consistent with this Provincial Policy for land use. 10. Elgin County Official Plan Policy D3.1 defines hazardous lands as lands that could be unsafe for development due to naturally occurring processes. D3.2 specifically references shoreline hazards along the Lake Erie shoreline. Specific shoreline hazard lands are not shown in the County Plan are intended to be shown on the municipal Official Plan schedules. Policy D3.4 specifically references the erosion hazard limit set out by the provincial technical guide and the ability of the Long Point Conservation Authority to evaluate the risk on a site by site basis. 11. Municipality of Bayham, Policy 1.2 Purpose of the Plan includes the following: I)to promote and secure the health, safety, convenience, welfare and quality of life of residents and IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 4 Municipality of Bayham—April 16,2018 visitors. The public use of Lakeshore Line is not safe and may risk the health of residents and visitors. A decision to close the road conforms with the purpose of the Plan to promote and secure public health and safety. 12. Municipality of Bayham Policy 6.1.8 Lake Erie Shoreline sets out the hazardous lands policies for the subject area. Official Plan Schedule"A2"shows the subject area within the Hazard Lands designation. Policy 6.1.2 Buildings and Fill, prohibits buildings and structures except where a permit has been obtained from the Long Point Conservation Authority. These specific policies are described below. 13. Policy 6.1.8.1 establishes three methods to calculate the limit of the hazardous lands where each formula requires a 100 years of erosion protection. Based on these formula, no new development will be permitted between the existing public road and the crest of the bluff and no new development will be permitted in proximity to the north side of Lakeshore Line. The rebuilding of structures damaged or lost due to erosion would also be prohibited because of the future risk of shoreline erosion. Therefore the closing of the public road and conveyance of the land to abutting property owner with a private access easement to the nearest public road is an appropriate response to minimize the risk to public safety. 14. The Long Point Region Conservation Authority (LPRCA) regulates activities in hazardous lands to prevent the loss of life and property due to shoreline erosion. This is done through the application of regulations affecting areas in and near the Lake Erie shoreline. LPRCA is authorized under Section 28 of the Conservation Authorities Act to implement and enforce the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 178/06). The lands under consideration are identified as hazardous lands due to erosion and therefore any new development is subject to granting of permits by the LPRCA. 15. The LPRCA regulation sets out three approaches to establishing the limit of hazard land located beyond the 100 year erosion limit. Based on these measures, lands several hundred meters inland from the bluff crest are subject to the regulations. No new development would be permitted due to erosion risk and therefore the closing of the road will not affect any of the existing owners. It is consistent with the LPRCA regulations to close the road to public use and reduce the risk to loss of life and property. 16. Based on a review of the applicable land use planning policies a decision to close Lakeshore Line from Clarke Road to County Road 55 is in keeping with the intent and purpose of these approved documents to promote the safety and health of residents and visitors and prevent the loss of life and property. Proposed Action 17. Based on the above analysis it is recommended that open portions of Lakeshore Line between Clarke Road and County Road 55 be closed and that one half of the closed portion of the road be conveyed to the registered abutting property owners. Where necessary, a private easement in favour of the owners abutting the closed road will be granted and registered on the title of the property granting access the open public roads being Clarke IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 5 Municipality of Bayham—April 16,2018 Road, Stafford Road, or County Road 55. No easements to Godby Road are necessary because Lakeshore Line has already been closed on either side of Godby Road. 18. Closure of the public road will impact a total of 19 properties located on both the north and south side of Lakeshore Line. Of these properties 8 have alternative public road access and will not be materially affected by the road closing. The remaining 11 properties will require private easements across portions of the closed roads. Five of these remaining properties are vacant fields located on the south side of Lakeshore Line while one of the fields on the north side will require private access. The last five properties are dwellings which require private easements across closed portions of the road. 19. There are a number of wind turbines which use Lakeshore Line for operation and maintenance access. Two of the three properties with wind turbines have access to Glen Erie Line and will not need easements. The third property with a wind turbine near the east end of the road will need an easement easterly to County Road 55. Municipal Road Closing Procedure 20. The following steps are needed to close Lakeshore Line, convey the road to the abutting property owners and establish easements in favour of those properties which still require access for established residential or farming purposes. i) A resolution will be passed by Municipality of Bayham Council to proceed with the steps needed to close the road. ii) The municipal staff will send, post on line and publish in the newspaper notices in accordance with By-law 2007-121 for public notice. It will be published in the newspaper 14 days prior to the Council meeting when the by-law to close the road is to be considered. Notice will be sent by registered mail to the property owners abutting the road to be closed. Notice will be sent to the County of Norfolk and County of Elgin abutting the road and to all utilities such as Hydro using the public road allowance. iii) The necessary surveying of the public road to be closed has been completed by a local surveyor contracted by the Municipality. A London law firm has been contracted to undertake a title search of the lands abutting the road to be closed to confirm the ownership and any existing easements on these private lands which may need an easement across the closed portion of Lakeshore Line. iv) Council will hold a public meeting to receive comments on the intent to close the road no sooner than 14 days after notice has been provided in accordance with the municipal By-law. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 6 Municipality of Bayham—April 16,2018 • Council may then pass a by-law declaring the road is unsafe for public use; Council may declare the land where the road exists is surplus to the needs of the municipality and Council may declare the road shall be closed. • Council will authorize the conveyance of one half of the road allowance to the abutting property owners at no cost. • Where property owners have no alternative means of public road access, Council will establish and register private easements across closed portions of the road to retain access to an open public road at no cost to the owners. vi) Following the passage of the road closing by-law, it will be registered in the Registry Office, and a valid Deed, including a Certificate of Compliance, may then be given to the abutting property owners who are conveyed the closed portion of the road. There will be no costs assigned to the property owners receiving a portion of the closed road allowance. 21. The road closing and establishment of easements is expected to take approximately three months from the date of Council direction to the date of registration of the closing and easements in the Registry office. Future Monitoring 22. It is recognized that other portions of public roads in the Municipality may be at risk to erosion from Lake Erie. Shoreplan is satisfied the existing criteria to monitor the erosion rate is acceptable. The criteria indicates, where the distance from the road to the crest of the bluff is less than 50 m the area should be monitored and where the distance is less than 25 m the road should be closed. Shoreplan recommend a general site review along the Lake Erie shoreline annually using the above criteria and detailed inspection and mapping every 3 - 5 years by engineers familiar with slope stability issues and coastal processes. This monitoring information will provide Council with information to make future decisions on when to close public roads based on public safety. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies g,XYHA►.f 44�r1110"4k4r"tillr { OApouni ty NOTICE CONCERNING THE PROPOSED CLOSURE OF A HIGHWAY IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham proposes to permanently close a portion of Lakeshore Line from Clarke Road to Elgin County Road 55 as outlined on the attached Key Map. ADDITIONAL INFORMATION relating to this proposed permanent closure may be obtained by contacting the Bayham Municipal Office, 56169 Heritage Line, Straffordville, during regular office hours Monday to Friday, between 8:30 a.m. and 4:30 p.m. Written Comments will be received until 12:00 p.m. May 11, 2018. A Public meeting will occur on May 17, 2018 at 6:00PM at the Municipality of Bayham Council Chambers, 56169 Heritage Line, Straffordville, Ontario to present an 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 and for persons to ask questions and share concerns about the proposed Lakeshore Line closure process; The Council of the Corporation of the Municipality of Bayham will consider a By-law to permanently close Lakeshore Line from Clarke Road to Elgin County Road 55 at the May 17, 2018 meeting of Council. DATED at the Municipality of Bayham this 20th day of April, 2018. Paul Shipway, CAOICIerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 Telephone: 519-866-5521 consultations©bayham.on.ca voxICH414 i .;,,,r.,Ts" NI Z, "" Vri4.40,1ft 111 eire o 4.C, Ppui`tunity j5 �p4► NOTICE CONCERNING THE PROPOSED CONVEYANCE OF LAND BY THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham has declared as surplus to the Municipality, and proposes to convey lands to abutting property owners: 1) Lakeshore Line from Clarke Road to Elgin County Road 55, on a yet to be determined registered plan. ADDITIONAL INFORMATION relating to this proposed conveyance may be obtained by contacting the Bayham Municipal Office, 56169 Heritage Line, Straffordville, during regular office hours Monday to Friday, between 8:30 a.m. and 4:30 p.m. Written Comments will be received until 12:00 p.m. May 11, 2018. The Council of the Corporation of the Municipality of Bayham will consider a By-law to stop up, close and convey Lakeshore Line from Clarke Road to Elgin County Road 55 at the May 17, 2018 meeting of Council. DATED at the Municipality of Bayham this 20th day of April, 2018. Paul Shipway, CAOICIerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 Telephone: 519-866-5521 consultations@@bayham.on.ca 4925 -i 56796 56890 �' 56859 56956 w; c3 r G.ECC N Fq ,� Y 4759 SNF 5 4678 I �: Z1 0 X55977 ... � F ^Q,,,..-„,,,,:z. � z--....:,_- ,-,-----,4-, ,v 4. 't464 `c``'`cc, �F <pyF o , .:, p 57761.57�:` _ c` ci565604733 �. O �o. 567 '567'28----z..-'•'-------- •'-'4. , els...L.3 z O -e`.• - 568747 lw ' "-"--------' -----::. hp9 1 <` cc F</N mac` ,> f ,.(...,C LAKE ERIE `'' N ViiMunicipality of H&000.�oroaE&or®& Lakeshore Line : ►BAYHAM o 0.5 1 2 1,== Kilometers From: Newton, Craig (MOECC) [mailto:Craig.Newton@ontario.ca] Sent: April-26-18 2:17 PM To: Paul Shipway<PShipway@bayham.on.ca> Cc: Wrigley, Rob (MOECC) <Rob.Wrigley@ontario.ca>; Consultations<C@bayham.on.ca> 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 I B I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 I ibigroup.com May 7, 2018 Mr. Paul Shipway CAO/Clerk Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON NOJ 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 IRI GROUP 9 Mr.Paul Shipway—May 7,2018 Please contact me if you require any additional information for your review. Sincerely, IBI GROUP Robert Cascaden, P.Eng. Associate, Office Lead—London cc: W. Pol P. Riley J:\3404\_Tasks1686 Lakeshore Line Erosion\CTL_Shipway_EA 2018-05-07.docx 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 NOJ 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? 1� fF \ k y_ 1-1l ' 1- fag'f L 1 , Ai,t r i Y q k .1 a t f t+�q 7 `.g , . i + ' r4', ,i { TEMPORARY ROAD CL SURE '' ``„.,,,r ,„ ,_,, h, �'r =r :r , 1 f ,l' LAKEShiORE LINE FROM �', r r 4 (� w 1 ELGIN COUNTY ROAD 55 TO CLARKE ROAD�4, �,t r AAkil , N rt a, ,4 f i r , S i° Access remains for abuttlng property owners and , ,r ' '` /1 ill °q ±',r' ,‘!; �,. ' k f n Emergency Services. e. x 0� }4 ' Ft j`'`- +1 i24- �n mss, �. �, a” " •,! '� F 15 V1: 4 , For aetllllan I Mm 1 v s t ww b yh o-c. 'k d "�6' a1.t-,,'' E�-'tl,. fr F v17 1Y ? � li rf fps =� , 9'_- --- 4 r �i + k 4 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. If it takes the professionals months to plan on the taxpayers' dime, why it is assumed the residents should be extended less respect for their time? Surely the affected property owners could have been alerted at the beginning of the process. 8. After the road is officially closed, which portions will be offered to the adjoining landowners unencumbered with easements; and which portions will be offered to the adjoining landowners with servient tenement easements, or other encumbrances? 9. If this plan is implemented, will the Municipality of Bayham notify MPAC on behalf of all the affected property owners of the negative market value impacts? 10.It appears that part of the reasoning for not attempting to remediate the erosion which is underlying problem is the cost. Two costs have been put forth. a. $8,200 / metre for headland beach prevention b. $14,000 / metre for revetment prevention The municipality of Bayham received these estimates from the IBI Group. The IBI Group received these estimates from Shoreplan Engineering Limited. How or where did Shoreplan come up with these estimates? What is the context of these estimates? Certainly, the costs per metre would be largely determined by how much was done, the design(s), and the quality of the RFP and price negotiations. 11. Why and how much taxpayer money was spent for the IBI Group report? I ask this because the very first point of their memorandum is misleading. They state, "Erosion rates inland from the lake range from 4 metres per year to 5 metres per year." The rate from the lake's edge is not the issue. It is the rate of recession at the crest of the bluff that is of importance for this purpose. Later in the memorandum it is acknowledged that this stated rate is an "estimated long term erosion rate ... observed over many years" and that a "single failure event may result in a greater loss". How many years were observed? This strikes me as pseudo science to provide not an average, not a median, and not a true range, but an estimated average range based upon no statistics. It seems numbers were pulled out of the air to provide an aura of precision. My own experience is that the edge of the bluff recedes from about 1 metre per year to well over 50 metres per year. The top end of that range is from the west end of our property where the large ravine appeared just to the east of Godby Road. In other words, the rate of recession is extremely variable and independent of long term averages. It is much more a function of the soil types and the hydrostatic pressure, and the hydrostatic pressure is a function of the land's surface height above lake level, precipitation totals, precipitation extremes, and the land use. Shallow rooted crops take up little of the precipitation before the water sinks through the sandy soil; irrigation increases the hydrostatic pressure beyond averages; and the removal of the deeply rooted forests has increased the hydrostatic pressure. The effects of the vibrations from wind turbines and traffic is unknown. Climate change may further test known extremes. The rate of recession is not just a natural process, has increased dramatically since the first maps of the area were made, and might yet exceed anything experienced in the past. In summary, I am not opposed to the road closure, but have some concerns about how it is done. More importantly I am compelled to point out this is not a strategy for dealing with the erosion, but only a short-term tactic. I am an old man and therefore have only short term needs. However, democratic government has the mandate and the duty to plan for future generations. Bruce Bolin b.bolin@computer.org 57755 Lakeshore Line R.R. 2, Port Burwell NOJ 1 TO May 10, 2018 Paul Shipway CAO/Clerk Municipality of Bayham P.O Box 160,56169 Heritage Line Straffordville,ON, NOJ 1Y0 Re: Lakeshore Line Erosion Response Strategy(supplement to Public meeting May 17,2018) Dear Mr.Shipway and Members of Bayham Municipality Council I am a Landowner on Lakeshore Line at 55424(West of Clarke Rd.)and have discussed present and future long term planning and concerns with other concerned members of LENSLA (Lake Erie North Shore Landowners Association)affected by the erosion on Lakeshore Line(Trans Canada Trail),we have also discussed the Municipality's strategy for erosion control options and will point out a planning strategy we feel should be addressed In regards to Lakeshore Line and the closing between Clarke Rd and County Rd 55 may this concern be addressed: Understanding that Clarke Road (Trans Canada Trail)will be reconstructed as an alternate route to Glenn Erie Line (graded,gravelled)that a more permanent solution of paving be considered. Clarke Road will likely become a major route for local, heavy agricultural, large trucks and seasonal traffic. The planning strategy for Clarke Road should be a road durable enough to withstand the increase in traffic and provide a reliable route of travel. The Memorandum (IBI Group) attached to the Lakeshore Line Erosion Response Strategy discussing the future Land Erosion issues that concerns westerly of Clarke Road to the Little Otter Creek,consideration of long term erosion prevention plans should be addressed. A Committee should be formed with affected Property Owners,Trans Canada Trail Executives, Long Point Region Conservation Authority, Bayham Municipality/Council and regulating Federal Provincial Bodies of Government representatives that can commence a plan and procure a solution for sustainable erosion control (headland beach, revetment etc.)to preserve Lakeshore Line(Trans Canada Trail). There are measures that can reduce the speed of erosion considerably and planning should start immediately, even though a large investment may be required to such a project, a Committee can evaluate,decide on directions (Pilot project),and source funding, grants and donations on a cost share basis with the Municipality. (a good investment to the future development of Port Burwell, its Harbour and the surrounding Community). The present affected lands within this area of Clarke Road and Lakeshore Line are routes of the Trans Canada Trail,they encompass a significant passage to Port Burwell and is part of unique Ecosystem of Wildlife, Birds and Plants (some endangered) and planning to preserve this natural area, route and land to the Village of Port Burwell has to be planned to prevent further erosion where the impact could be of a greater loss to more than the Ecosystem alone. Please present this letter to the Council meeting on May 17th,2018 in addition to future action on Lakeshore Line Erosion Response Strategy. Sincerely, David Borbely 55424 Lakeshore Line Port Burwell, ON NOJ 1T0 May 11/18 Muicipality of Bayham 56169 Heritage Line, Straffordville,On. NoJ 1Y0 Re: Lakeshore Line Erosion Response Dear: Mayor Ens, Members of council, and Mr. Paul Shipway Many of you know me as the "caretaker" at Monarch Landing at 55751 Lakeshore line..I have been truely blessed to occupy this sacred piece of lakeshore to pursue my lifes interests, and work to create habitat, increase species diversity and relish the amazing abundance of wildlife at the lakeshore. I am a longterm resident of Bayham. I have no opposition to the closure of Lakeshore line from Clarke Rd to Stafford Rd. I believe council needs to listen to and address all the concerns of those residents directly affected by this closure. I would sincerely ask council to consider this closure an opportunity for a new beginning to finally address the problem of lakeshore erosion. This calls for proactive measures and real planning for a positive future, not reactive response to crisis. I believe the mention of the creation of a headland beach at or near the terminus of Clarke Rd. (By the IBA group report),Must be very seriously considered, and efforts made to start the process towards that goal. I would additionally request that council pass a motion at the council meeting, following the lakeshore meetig o May 17th 2018. that directs staff to strike a small committee, to look ernestly, into that possibility as a first step. This committee will explore funding possibilities, design and approval and all the necessary things that this entails. I am quite confident that funding can be found to that end. Provincially, federally, and from conservation minded citizens and organizations. This route has been pursued with success by other lakeshore communities. Why not Bayham? As a first step I will propose that the committee be composed of the mayor, and one additional member of council, and the Bayham CAO.Additionally not more than 3 concerned lakeshore landowners. The selection of these land owners to be selected by the mayor, the additional councillor and the CAO, from applications received at the municipal offices. These applications to state the name and address of these lakeshore land owners, and their qualifications and reasons for requesting inclusion on the committee. I would also request a direction from council to staff to immediately open an account to accept public donations for this project. I will also add that , at this time I will not put my name forward for the suggested committee. But will offer my assistance in any way if requested. Thank you for your thoughtful consideration of my proposal. Sincerely, Ron Allensen