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HomeMy WebLinkAboutMay 17, 2018 - Public - Lakeshore Line THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PUBLIC MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, May 17, 2018 6:00 p.m. — Lakeshore Line PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: Ron Allensen C. Val Donnell Marlene Baldwin Tom Manley Wendy Rutter Charles Baldwin Andy Eveland Reba Rutter Kristi Rockley Janet Borbely David Gillingwater Marlene Rockley Donna Eveland Lee Schultz Wayne Rockley Bruce Bolin Terry Barney 1. CALL TO ORDER Mayor Ens called the public meeting to order at 6:00 p.m. and asked those in attendance for the Public Meeting regarding Lakeshore Line to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. David Borbely re Trans Canada Trail concerns, Lakeshore Line and Clarke Road Port Burwell added as Item 6-H 4. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING A. PURPOSE - 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 Lakeshore Line Public Meeting May 17, 2018 5. PRESENTATION A. Robert Cascaden, P. Eng. IBI Group and Paul Riley, Planner IBI Group re Lakeshore Line Shoreline Erosion Response Strategy • Paul Riley, Planner IBI Group provided an overview of the IBI Group Lakeshore Line Shoreline Erosion Response Strategy. Mr. Riley noted it is recommended that open portions of Lakeshore Line between Clarke Road and Elgin County Road 55 be closed and that one half of the closed portion of the right of way be conveyed to the registered abutting property owners. Where necessary, a private easement in favour of the owners abutting the closed road would be granted and registered on the title of the property, granting access to an appropriate open public road. Land use planning policies and Municipal by-laws in effect support municipal actions to protect public health and safety. It has been identified that the retirement of existing roads is a pre-approved Schedule A+ project under the Municipal Class Environmental Assessment process allowing Council to proceed with the appropriate by-law. Municipality of Bayham staff provided an overview of questions and responses: How will the Municipality provide continued access to the Waterfront Trail and the Trans Canada Trail? The Waterfront Trail will require amendment to follow Clarke Road instead of Stafford Road. The Trans Canada Trail currently follows Clarke Road and does not presently require alteration. In both instances alterations to the trail routes are handled efficiently both by organizations. For example when the Trans Canada Trail was rerouted as a result of the Bayham Drive Bridge closure and removal the Trans Canada Trail worked to ensure those changes were implemented. 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? As part of the circulation process outlined within By-law No. 2007-121, the Notice By- law, the Municipality has already notified MPAC. Subsequently, MPAC is left to determine impact on market value as is their role. After Lakeshore Line 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? At this time information on specific lands to be transferred with or without encumbrances is not available. The Municipality is still in the process of finalizing legal surveys. As noted within Section 21 of the IBI Group Memorandum included within the Lakeshore Line Information Package: 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. Lakeshore Line Public Meeting May 17, 2018 As the information becomes available the same can be provided. Will mail delivery still be provided by Canada Post? Yes, however Canada Post will determine if it will access private lands to deliver mail at current locations or if mailboxes will be required to be placed at areas serviced by public roads i.e. the approximate areas of the intersection of Elgin County Road 55 and Lakeshore Line or the intersection of Stafford Road and Lakeshore Line or the intersection of Clarke Road and Lakeshore Line. Will recycling and garbage collection continue? Yes, however recycling and garbage collection locations will be at areas serviced by public roads i.e. the approximate areas of the intersection of Elgin County Road 55 and Lakeshore Line or the intersection of Stafford Road and Lakeshore Line or the intersection of Clarke Road and Lakeshore Line. Will municipal maintenance services continue for Lakeshore Line from Clarke Road to Elgin County Road 55? No. The stopped up, closed and conveyed portions of Lakeshore Line become privately owned lands and will not be maintained by the Municipality. Who will be responsible for insuring that the pavement does not enter the lake? Prior to the conveyance of lands the Municipality will consult with abutting land owners on the preferred course of action offering each land owner the following options: A. that the road be pulverized at the expense of the Municipality returning the road surface to granular materials; or B. provide the abutting owners with the 2018 value of the pulverization and removal of the pulverized granular materials, as determined by the Municipality, leaving the road surface as is; or C. that the road be pulverized at the expense of the Municipality returning the road surface to granular materials and the pulverized granular materials be removed from the subject area by the Municipality leaving the excavated depression and subsurface granular base as is. During the previous County closure of Lakeshore Line pavement remnants were removed at the request of the landowners in order to convert the lands to use for farming, not for continued private access as contemplated in this process. Why does the sign say `Temporary Road Closure' instead of`Proposed Road Closure'? Three signs were posted in accordance with the Council direction of April 19, 2018: Lakeshore Line Public Meeting May 17, 2018 TEMPORARY ROAD CLOSURE SIGNAGE Pursuant to By-law No. 2014-090, the Delegation of Powers By-law, on April 19, 2018 staff were directed to temporarily close Lakeshore Line from Clarke Road to Elgin County Road 55 with access remaining for abutting property owners and emergency services. Lakeshore Line from Clarke Road to Elgin County Road 55 was 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. NOTICE CONCERNING THE PROPOSED CLOSURE OF A HIGHWAY IN THE MUNICIPALITY OF BAYHAM SIGNAGE Pursuant to By-law No. 2007-121, the Notice By-law, on April 19, 2018 staff were 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. Further, in addition to the notice provisions of By-law No. 2007- 121 staff were 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. NOTICE CONCERNING THE PROPOSED CONVEYANCE OF LAND BY THE MUNICIPALITY OF BAYHAM SIGNAGE Pursuant to By-law No. 2015-021, the Sale & Disposition of Land By-law, on April 19, 2018 the Council of the Corporation of the Municipality of Bayham declared 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. Lakeshore Line Signage Damage -Was the driver distracted by the newer, larger sign? The Municipality cannot speculate on what caused a driver to hit a sign in the subject area. The Municipality has requested Norfolk County to install a 'Stop Sign' on Lakeshore Line and Elgin County Road 55. When and why was Csinos Road allowance to Glen Erie Line closed and was there public notice regarding this closure? Csinos Road has never been closed by the Municipality of Bayham. In 2015, as part of a process to formalize the stop up, close and conveyance of the road allowance between Lots 15 & 16, Concession 1, By-law No. 2015-008 was passed to establish Csinos Road as part of the public highway system, being Part 1 of RP 11R9731. Lakeshore Line Public Meeting May 17, 2018 Additional information on this process stemming from land titles issues with Township of Bayham By-law No. 318 of September 7, 1874 can be reviewed by assessment of Report DS-07/15 re Road Allowances - Concession 1 Btwn Lots 15, 16 and Concession 1 Lot 16 on the January 22, 2015 Council Agenda. 6. PUBLIC PARTICIPATION Andy Eveland asked if Csinos Road was still a through road and if Csinos Road could be built into a through road. Staff advised Csinos Road has never been closed by the Municipality of Bayham. Staff and consultant further advised any development of the road would require the appropriate environmental assessments and Council Capital budget deliberations. Ron Allensen indicated he had no issue with the road closure as the erosion has created a safety issue. Mr. Allensen requested Council move from reactive to proactive in attempting to address erosion concerns suggesting a number of options for protection works. Mr. Allensen reminded Council a progressive proactive approach to erosion would provide possible solutions to future erosion concerns. David Gillingwater expressed frustration with the Municipality and asked if the Municipality had spoken with the Federal Government to stop Lake Erie from stealing his property as regulations prohibit him from protecting his property. Council advised the Federal Government has not been approached by the Municipality at this time. Reba Rutter raised concerns about drainage on Clarke Road and natural springs within the soil. Ms. Rutter recommended Council not invest funds into Clarke Road and instead keep Lakeshore Line open. Terry Barney expressed concern with the property he recently purchased and the continual trees falling and land eroding. Reba Rutter expressed concern with land valuation and the taxes required to be paid with the property which is continually eroding. Council advised MPAC is responsible for land valuation. Lee Schultz expressed concerns over MPAC valuations and impacts on mortgages pertaining to property values. Tom Manley indicated frustration with the Provincial Policy Statement which prevents action from being taken to fortify land in hazard areas. Mr. Manley outlined everyone is losing including the Municipality. Mr. Manley suggested the Municipality go to the Province and advocate for policy change. Ron Allensen furthered Mr. Manley's concept by suggesting a headland beach as a pilot or study project in the affected area. Reba Rutter questioned what accommodation is offered for persons requiring assistance who cannot deliver recycling and garbage to public roads. Council recessed at 7:00 p.m. for the Regular Meeting and reconvened at 7:17 p.m. Bruce Bolin indicated he had recently been an observer to a legal proceeding with Central Elgin pertaining to a Municipal Drain. Mr. Bolin recommended the Municipality investigate the same. Lakeshore Line Public Meeting May 17, 2018 Janet Borbely suggested it may be a good idea to pave Clarke Road in the next month. Council advised any such decision would be required to be referred to Capital Budget deliberations. Tom Manley requested a commitment from Council to approach the Province about the Provincial Policy Statement or partner with organizations to work to find an opportunity to address high bluff erosion. Council provided staff direction to report back to Council at a future date on jurisdictional responsibility pertaining to shoreline protection on Lake Erie and options for actions the Municipality could take to advocate the Province and Federal Government to take action on high bluff shoreline erosion and shoreline protection. 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 H. David Borbely re Trans Canada Trail concerns, Lakeshore Line and Clarke Road Port Burwell Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT correspondence items 6-A—6-H be received for information. CARRIED 8. OTHER BUSINESS None Lakeshore Line Public Meeting May 17, 2018 9. ADJOURNMENT Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council meeting be adjourned at 7:28 p.m. CARRIED Ot4 M i OR CLERK