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LAMBTON SHORES COMMUNITY ASSOCIATION

Issues – Phase 1 Planning Context & Consultation Discussion Paper

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L A M B O N S H O R E S C O M M U N I T Y AS S O C I A T I O N

Gaps in the Consultation Discussion Paper

Lambton Shores Community AssociationP.O. Box 107

Grand Bend, ON N0M 1T0Phone 519-238-5572Email:[email protected]



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Beaches in the consultationLambton Shores Community Association has concerns

about our Beaches.

n addressing or trying to address the concerns of residents of Lambton Shores through thisConsultation, many issues of common concern are coming forward.

As we review the document:

MUNICIPALITY OF LAMBTON SHORESRecreation and Leisure Services Master PlanPhase One Discussion PaperPlanning Context and ConsultationJuly 2010

Submitted by Monteith Brown-Planning Consultants, The Lambton shores Community Association has noticed some anomalies of concern.

The issue of our several Beaches comes forward in the document on page 24. The finalparagraph summarizes the issue.

“All respondents (including those that did not report visiting any beaches in the past twelve months), were asked what improvements, if any, should be made to Lambton

Shores’ public beaches. The most common responses were cleanliness (particularly at Ipperwash Beach), lack of parking, better and cleaner washrooms, more garbage pickup

and garbage cans. Other issues raised included the need for more lifeguards, parking fees, poor water quality, and a desire for dogs to be more closely controlled.”

Question 3 (pg. 45) asks: How can we improve our parks, beaches and open space?

Summarized again in the report on the same page is the information: “Beach and park

maintenance and cleanliness were the major themes of the most common responses tothis question.”

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On page 46 is a detailed list of the wishes and issues for many of the residents around thebeaches. We have reproduced it below.

• Ipperwash – clean up the beach (17)

• More washrooms and better maintenance (16)

• Off-leash dog park (14)

• Clear sidewalks in winter (12)

• Parking / shuttle services / bike racks at beaches (10)

• Water quality testing for all beaches in the area (10)

• Clean up and maintain beaches (Grand Bend cleanup is wonderful, but other communities need it too)(9)

• Dispense with surplus land and purchase more park lands (e.g., at Ipperwash) (9)

• Governance of the beaches should recognize diversity and uses (consensus from everyone)



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Gaps in the Consultation Document

Lambton Shores Community Association has concerns

about our Beaches.

On page 56 “Key Issues” are identified by the consultants.

KEY ISSUE CONSIDERATIONS

Beach Maintenance: As beaches are social areas, there is often a large amount of trash and debris left

behind by visitors.

Water quality can be affected by beach and waterfront leisure activities(e.g., trash in the water, gas and oil spills from watercraft, etc.).

Opportunities to Consider: Determining how best to address concerns about beach cleanliness (particularlyIpperwash) that were raised by residents and stakeholders in both the household survey and CommunitySearch Conference.

We believe it is imperative to broaden this list of “Key Issues” for our beaches. At minimumit should contain the majority of issues identified from page 45 in the last chapter.

Other important considerations were mentioned in the summary from page 24, but the issuesare lost in the Key Issue section.

With the large number of beaches in this Municipality we also believe it is imperative for theMunicipality to develop a beach strategy. Just consider the broad range of concerns and thefew the Consultants have used as “key”.

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Part 2: History of the Grand Bend

beach issue

Lambton Shores Community Association has concerns

about the uses and plans currently for our Beaches.

• Oct. 5,2009 meeting with municipality and PVB where it was agreed that a meetingwith residents be arranged to “review the proposal and obtain feedback”

• Mar. 29, 2010 license agreement was signed

o 2430 sq. meters of the beach = one football field sized space

o 15 semi-permanent courts

o 7 days a week, 10-12 hours a day for May to Sept.

o Contract length was 10 years

o 5 weekend special tournaments (for adults) plus the right to obtain SpecialOccasion Permits for serving alcohol

• Apr. 5, 2010 first letters from PVB arrived in some residents mailboxes

• Apr. 19,2010 presentation to Council by concerned Grand Bend citizens to Council withissues outlined & signed petition objecting to PVB and municipality plans for the beach

• 1000 signed petition including 50 businesses

• May 1, 2010 PVB holds information meeting at the Grand Bend Public School

• Lambton Community Association begins to formalize itself

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• June, July, August , 2010 several presentations to council by Lambton ShoresCommunity Association

• Council terminated the PVB contract as a result of rigorous opposition

• Municipal Administration recommends moratorium pending completion of theRecreation and Leisure Master Plan- council ignores advice

• PVB allowed modified program with one tournament and one week of school

• PVB sued Municipality over terminated contract

• Council allows Not So Pro to use beach for their tournament in spite of recommendations against this by staff

Not So Pro Volleyball, ran another noisy tournament on the North Beach on the weekend of July 25. It lasted f 5 days and covered ¾ of the beach, and filling both beach parking lots by 8am each morning.1

Lambton Shores submitted complaints received by residents and beach users as well as picturesdocumenting beach use.2

Prior to these events, in 2008 the Municipality initiated a Beach Enhancement project for themain beach. This project, while achieving objectives necessary for a Blue Flag BeachDesignation, substantially reduced the area on the main beach available for recreational or“special” activities. The main beach is where the bathrooms and viewing platform are alsosituated.

The net result has been to force special activities onto the North Beach.

1 See attached Appendix A (Pictures not in First report)

2 Appendix B Complaint Report to Council



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Other Issues surrounding the Grand

Bend Beaches

Lambton Shores Community Association has concerns that poor

planning may result in over-looked economic issues.The North Beach at Grand Bend is heavily used by families and cottagers. Many residents inGrand Bend are seasonal and it is their concern that:

a: they are not considered in many decisions by council

b: the economic impact of seasonal residents and permanent residents in the area has not beenmeasured.

Most have a full house all summer as all relatives; friends and renters come to enjoy the beach.It is inappropriate to think of the retirement community as only elderly couples when all theirfriends and families must also be counted somehow.

All this activity also brings with it economic benefit as money is spent downtown and in the localstores.3

Renters also have suggested the North Beach is a great Family beach and that is why they cometo Grand Bend. 4

3 . Appendix C Renter’s Survey

4 Appendix D Letters

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The Lambton Shores Community Association would like the Municipality to consider the

current capacity of the remaining beach. It is not limitless.

Legal and Title Concerns of Residents in Plan 24

Lambton Shores Community Association received its incorporation in the fall of 2010 and now has by-laws and an executive, reports to its members and responds to issues like the GrandBend Beach Study.

The ‘Corporation’ has retained a lawyer, Learners & Associates to provide an ‘opinion’ on theNorth Beach issue for residents and members.

As reported to the members in Oct 2010, Learners has provided an opinion based on a search of precedent and other legal action, to the membership. A summary of the opinion was provided.5

The Lambton Shores has also voiced its concerns clearly, with a letter about theEcclestonCovenant 6 to Council on August 12th. Until that point in time Council had refused toacknowledge this part of the issue.

5 Appendix E Summary of Legal Opinion

6 Appendix F Eccleston Letter to council



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Appendixes A Pictures submitted by residents are of Not SO Pro activity

These people had coolers of food, batteries to mix drinks and their own alcohol.



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APPENDIX B

Lambton Shores Community AssociationP.O. Box 107

Grand Bend, ONN0M 1T0

August 9, 2010

To Mayor and members of Council;

The Lambton Shores Community Association would like to submit to council a list of concerns andobservations made by residents during the Not So Pro week of July 22 to 25th respectively. It isimportant to have material for council to review for future decisions of this type.

It is in that spirit that we submit this material. We would appreciate a response for ourmembership.

Attached is a list of issues and concerns provided to us by members and visitors as well as somephotographs. Further material will be submitted to attach to this file as it arrives.

Sincerely,

Sharon Weitzel perLambton Shores Community Association

\

P.O Box 799, Grand Bend, ON, N0M 1T0• EMAIL [email protected]



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Attesting to that, by 6 pm when the tournament finished on Sat. and Sun.,

there were no cars in the parking lots and hardly anyone on the main street.

Other than for some rooms rented, which would probably have been rented

anyway, and some drinks sold at one or two bars, the economic spin off of

such activities is a delusion. Every weekend all the hotels and motels are

filled as it is and the Chamber is phoning around for extra accommodations.Many other main street businesses reported little or no business from volley

ball players or associates. Indeed we could make a good argument for the

counter economic productivity of such an event because of the large number

of parking spots taken up, the many disgruntled visitors who left and regular

beach users who knew the tournament was on and stayed away. Many locals

just avoid the area on that particular weekend knowing what is in store for

them.

John Morrison, the owner, claims that his event has brought approx $800,000

to the community since its inception but we question what economic study he

is using besides the Morrison “Pull It Out of the Hat” Study. The one thing that

it has brought is big profits to NSP. John also claims that his company gives

local charities thousands of dollars but in fact he gives to one service club

only, and we suspect nepotism in this regard. The strongest proponents of

the event are members of this club, major sponsors for the event, operate

the beer and food tent and are one of the few businesses that receive any

“spin off” (mostly in alcohol sales later in the evening)

On normal weekends this summer, the village has been packed with cars and

people without volleyball, so why the argument for increased tourism! We

suspect that the bottom line for proponents has to do with “greed”, disregard

and disrespect for their fellow constituents (many of whom ironically have

been long time supporters of these businesses).

4. EVENT APPLICATION AND SITE PLAN – Having acquired a copy of the event application and the site plan, we found it to be very general and incomplete,

allowing almost free reign by the organizers. There were 18 courts, a beer

garden, an admin. tent and a sponsors tent. A “detailed scaled site drawing”

was required but not supplied.



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Shockingly the cost to NSP was approx $800 for the 4 days(not including

electrical hook up ) and they will have walked out with over $50,000 from

fees and sponsorships in their pockets!!

5. NOISE ETC- Speakers were less intrusive at the north end of the beach thisyear but very intrusive with the constant pounding of music at the south end

and especially for the condo residents. One beach front resident found the

constant noise so unbearable that they spent the weekend inside with

windows closed. Others simply left town for the weekend.

6.

Horn blowing throughout the tournament was intrusive everywhere. Even

resident of Oakwood commented on it. They blew boating type fog horns

twice per game to begin and end each one all day long (approx 72 times per

day).The DJ was as loud and obnoxious as last year and continued to make

sexual innuendos over the speakers throughout the tournament. Condo

residents also reported noise from partying in the dunes beside the condos

all night which may or may not have been volley ball players.

7. CLEAN UP - After NSP had left on Mon., the beach area where the fencinghad been, was full of hundreds of plastic ties which the organizers just cut

and left behind (We saved a bag and have photos, but we would suspect that

many remain buried in the sand). On reporting this to the MNR and the MOE,

they both indicated that this was irresponsible but that it was a municipal

issue. We also suspect that Blue Flag or the Health Department would not be

too happy about this.

We would also suspect that the income from the event did not come close to

the expenses by the municipality which included extra man hours for grading

the site, hauling fencing and garbage cans to and from the site, emptying

extra garbage cans throughout the tournament, extra wear and tear on the

washrooms along with the extra cost of water, toilet paper, sewage, and

municipal administration etc.



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8. A HEALTHY ACTIVITY FOR LOCAL YOUTH AND ADULTS?- This is a fallacious

argument made by proponents since very few locals participate.

9. CONCLUSION- It is our strong feeling that NSP NOT be sanctioned to operate

their tournament on any Grand Bend beach in the future. This is anirresponsible for profit business that provides little economic spin off (for

other than a few “preferred” businesses), and takes up a large part of a

public beach for a “private” event. Almost the entire North Beach became

unavailable to residents, free play enthusiasts and visitors for 4 days, and

this is a travesty!!!!!

Respectfully Submitted by Ed Fluter and the Lambton Shores Community

Association Executive on behalf of the members.

Appendix C Sent out to a small sampling of renters

RENTERS SURVEY

To ensure your views are heard and you are counted, this is a brief survey to get some indication of your economic impact to this community.

How many trips did you make for groceries while staying here?

Approximately how much did you spend on groceries for the week?

How many times did you eat out?

Approximately how much did you spend for restaurant eating during the week?

Approximately how much did you spend on other food?



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How many trips did you take downtown?

Did you purchase ‘other’ items such as clothes, or beach stuff?

What was the approximate cost of these items?

Do you have any concerns or comments about the beach itself or other items?

From: Ruth Howard [email protected] Doc 2

Date: August 18, 2010 8:41:57 PM EDTTo: Sharon Weitzel <[email protected]>

Subject: RE: Renter Survey Hi Sharon,

For whatever reason, I was unable to copy the survey. Anyway here are my answers.

1) There was at least 5 trips to the grocery store. It is a fabulous Sobey's store. We alsoloved the Wednesday Farmer's Market and shopped there as well.2) My guess is that we spent $350-$400. at the grocery store.3) We ate out only twice (The Schoolhouse for breakfast and Purdy's for supper.)4) We spent about $60.00 between the two restaurants above. The kids did their own

thing alot of times using the, I assume the fast food places on the main street.5) We really didn't eat anywhere else as we enjoy the back deck at the cottage so much.

You really do have a lovely place.6) The kids went downtown several times a day. Nigel and I went about 5 times (mostly for mini golf).7) Also, Olivia (who is 15) and her friend bought some jewellery, clothing and beach things.

The total cost was probably about $60-$70 each.8) I really didn't have any concerns about anything. Overall I find Grand Bend quite

friendly and it seems to improve every year. It is clean, especially the beach. I like havingthe life guards as I think it keeps things under control better and it is really nice for me as



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my kids not longer want to sit with me so it is comforting to know that someone else has aneye on them when they are in the water.

I also found that more families were there this summer which I really like and the all nightpartying level was down. All in all, once again, "a wonderful week". Thanks again.

Ruth

********************

From: "Erica Martin" <[email protected]>Date: August 14, 2010 7:52:09 PM EDTTo: "Sharon Weitzel" <[email protected]>Subject: survey

RENTERS SURVEY To ensure your views are heard and you are counted, this is a brief survey to get some

indication of your economic impact to this community.

How many trips did you make for groceries while staying here? In one week, we went 4 x.Approximately how much did you spend on groceries for the week? $200 How many times did you eat out? noneApproximately how much did you spend for restaurant eating during the week? noneApproximately how much did you spend on other food? $50 ice cream at Dairy dip How many trips did you take downtown? 9

Did you purchase ‘other’ items such as clothes, or beach stuff? YesWhat was the approximate cost of these items? $40Do you have any concerns or comments about the beach itself or other items?The beach is great! Keep up the daily cleaning with the tractor. The beach is wellmaintained and clean (see exception below). We love the downtown work and it feels that

there is increased vigour in the downtown. A great facelift! Way to go Grand Bend.

Our 8 year old daughter did step in dog poop with bare feet while walking along the water’sedge. LSome of the paths on the east side leading to the beach need some maintenance.

We miss the swings.

********************

RENTERS SURVEY (Note a 3 day stay)

To ensure your views are heard and you are counted, this is a brief survey to get some indication of your economic impact to this community.

How many trips did you make for groceries while staying here?1

Approximately how much did you spend on groceries for the week?$50.00



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How many times did you eat out?3

Approximately how much did you spend for restaurant eating during the week?$150.00

Approximately how much did you spend on other food?$50.00

How many trips did you take downtown?6-7

Did you purchase ‘other’ items such as clothes, or beach stuff?Yes

What was the approximate cost of these items?$50.00

Do you have any concerns or comments about the beach itself or other items?In general, we feel the beach is clean and attractive; however it is discouraging when

you find broken beer bottles in the sand.

Appendix D

From: Kyle Gould [email protected]

Doc 1Date: July 13, 2010 12:11:39 AM EDTTo: <[email protected]>Subject: Hello - Summer visit

Hello Sharon,

It's Kyle Gould, renting 08/14-08/20.

I have been reading about the ongoing issues related to the North Beach and volleyball. Isthe North Beach the portion of the beach near the house and path entrance to the beachfrom Oak (???) street?

From reading excerpts from the Lakeshore Advance I am confused and am wondering whatthe current status of the issue is? To what degree have PVB and Not So Pro been grantedthe right to operate camps/tournaments on the beach? Have dates for camps/tournamentsbeen set? Will there be any during our visit?The proximity of your accommodation to part of the beach that is more family orientatedand less mainstream is what has appealed to our young family from our first visit severalyears ago. From my point of view the volleyball news is not positive. While I agree that



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some things are intended as progress or for the betterment of the masses I personally echomany of the points that the opponents have made. I can't imagine the chaos the noise,garbage, traffic and parking pose. Let's face it, I have heard nightmare warnings aboutparking where I shouldn't and I feel the streets are not intended to support much morecapacity than normal traffic of people occupying the residences.Your local councilors seem more detached from their constituents that ours here in the GTA and that is not what I would have expected. I am impressed with the time, energy andthoroughness of some of the local opponents of the volleyball.My intention is not to open old wounds or make you think about this more than youprobably are, but I look forward to your reply and any information you can provide.

Regards,

Kyle Gould

From: Kyle Gould [mailto:[email protected]]Sent: Tuesday, July 13, 2010 10:20 AMTo: Sharon WeitzelSubject: RE: Hello - Summer visit

Thanks for the reply and looking further into this issue for us.

A big part of the Grand Bend experience is the ability to choose between the busier orsomewhat quieter end of the beach depending on your mood or situation & I think the ideaof beach use for sport has its merits, but it should not interfere or infringe on the rights of residents or contravene the law, which from my reading was the situation last year. Thebeach is a beautiful resource that can & should be shared, but at the same time it is fragileand requires maintenance and protection. I get just as mad when I see a person discardgarbage or a cigarette butt or when during my early morning I end up picking up theoccasional bottle or two.

It is in everyone's best interest to ensure that whatever is done is done in a manner allow

this resource (the beach/lake) to thrive and last for generations to come. People mustremember that change comes at a cost, can be very hard to revert if it is not as it wasthought it would be and you reap what you sow.

You may ad my initial email and this one as required to support the cause.

Regards,



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beach. I don't believe these were necessarily stocked from local businesses and probably were brought to the site by the participants and organizers from their home towns. Iquestion how much economic benefit the local businesses received from this event (otherthan the bars).

I took a quick measurement of the remaining beachfront for beach goers and there was only approximately 80 feet of usable sand area left between the volleyball spectators and the

water's edge. This was the case for the total section of the beach from the front of thecondos to the north limit of the volleyball courts.

I spoke to the tenant in the condo and he complained about the constant horn blowing andmusic pounding. He also said partying in the beach dunes near the walkway carried on wellinto the wee hours of the morning.

I also spoke to Keith Crawford on Sunday afternoon and he advised me that the publicparking by the condo building was completely filled by the volleyball group by 9 am. Thisdidn't leave much room for regular beach visitors. He also said that he hadn't received any formal complaints about the noise from residents near the courts.

However, I spoke to Ron Holmes on Monday and he indicated that the constant noise wasunbearable and that it completely interfered with the normal enjoyment of his property.Although it was supposed to be a two-day tournament they began fencing off the entire areaon Thursday and there was still equipment on the beach on Monday afternoon. I believethat the nearby residents are simply so frustrated by the lack of action in response to theircomplaints in the past that they have just decided to close their windows or leave the areaduring these events.

Finally, I have spoken to several members of our organization and they are keenly interestedin getting an update on the situation including the legal status of the north beach deed. Iadvised them that we have tentatively scheduled a meeting for Aug. 14 at the Legion.

Regards,Pat

**********************

joseph patrick keller [email protected] to Lambton Shores Community Association [email protected] Fri, Aug 13, 2010 at 12:25 PM

not so pro weekend

It was plain to see by the coolers that these kids were not buying any food on the mainstreet and for sure not many would be renting a cottage since most only rent for a week at atime. Check out the one photo with the blender they had one of those power inverters. Itwas really nice to see that the lifeguards chair had been left open since the past couple of weekends i have seen families have to move there towels. the last Three pictures are just of a typical day at the beach and what it was meant for. Stand Strong and let Time Prove UsRight for as section 24 we will never give up the fight for what's right.



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APPENDIX F

Lambton Shores Community AssociationGrand Bend, ONN0M 1T0

August 12, 2010

To the Mayor and Members of Council;

The Lambton Shores Community Association has a number of issues we wish to refer to council forcomment and or action. During the course of discussion with some council members though, it isapparent that some of the concerns of the residents of the area known as Plan 24, are not wellunderstood.

Consequently, the Lambton Shores Community Association would like to provide some importantbackground information for council’s consideration.

One of the largest concerns for Plan 24 residents is what is known by some as the EcclestonCovenant.

The Eccleston family settled a large area of Grand Bend many years ago. The last descendentowning major property in Grand Bend was Ida May Eccleston.



Plan 24 took in the entire area from Main Street to Oakwood, to Hwy 21 to the lake. The area of theplan donated by the estate is legally described in “Schedule A”, attached to the Deed between theestate of Ida May Eccleston and the Corporation of the Village of Grand Bend. The dividing line onthe beach itself is the boundaries of the Condominium building.

Upon her death in July 1978, the portion of Plan 24 that is described in Schedule A, known as theNorth Beach, was donated to the Corporation of the Village of Grand Bend for $2.00.

It was subject to the following covenant in the DEED: The Party of the Second Part Covenants withthe Parties of the First Part that no part of the lands and premises described herein shall be used for any purpose other than a public beach.

Attached then is a Land Transfer document with a description: Part of Lot 405, Plan 24, Village of Grand Bend, County of Lambton with the date June 1st, 1981.

It is the belief of the residents and members of Lambton Shores Community Association that thisCovenant is NOT being honoured by the current Municipality staff and Council and that themunicipality is in legal violation of this covenant.

It is important for Council and all to understand that this is the issue. We would appreciate a reply addressing this concern.

Sincerely,

Sharon Weitzel, Communications per Lambton Shores Community Association

P.O Box 799, Grand Bend, ON, N0M 1T0

• EMAIL [email protected]

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