Times-Advocate, 1986-09-10, Page 17Bale against nuture prompts another battle
The battle to save Lake Huron
shoreline by some area cottage
owners has prompted another battle
with their neighbors.
Eleven residents of Ridgeway sub-
division in Hay Township have filed
a $1.5 million lawsuit against 21
residents of the Schack View subdivi-
sion immediately to the north, claim-
ing that efforts by the Schade View
group to protect their own property
from being eroded by the lake has
caused damage to the Ridgeway
beach.
The issue revolves around four
groynes that extend about 100 feet out
into the lake erected this summer by
the Schade View residents'
assocation.
Complicating the issue is a
disagreement between the natural
resources ministry and the Sarnia
contractor who installed the groynes.
A ministry official claims the contrac-
tor didn't follow instructions, while
the contractor argues that it was im-
possible to do the job the way the
ministry wanted.
London lawyer Kevin Ross, acting
for the Ridgeway group, said his
clients obtained an Ontario supreme
court injunction Thursday ordering
the Schade View residents to shorten
two of the groynes and reduce the
height of all four groynes by about two
feet (.6 metres) to bring their tops
down to water level.
"It's quite a problem - people try to
protect their own property and dump
the problem. on others," Ross said.
The Ridgeway group contends that
the groynes are cutting off the natural
"littoral drift" of water -borne sand
that replenishes beaches as fast as
•
currents carry sand away.
"My clients estimate they've lost a
strip of beach 42 goat (12.8 metres)
deep and 600 feet (183 metres) long"
since the groynes were installed, Ross
said.
Angus McKenzie, counsel for some
of the Schade View residents, said the
lawsuit is still in its preliminary
stages.
"We'll have to see if compliance
with the injunction will satisfy" the
concerns of the Ridgeway group,
McKenzie said.
"There has been erosion along that
shoreline for years. The question is
whether the groynes have had any ef-
fect" on the Ridgway beach, he said.
He added that it was not determin-
ed how many of the Schade View
residents "want to be represented by
us (the London law firm Shepherd,
McKenzie, Plaxton, Little and
Jenkins) and how many will wish to
retain their own counsel."
The suit names 21 Schade View
residents "but at least two of them
are dead," McKenzie said.
George Booth, lands technician
with the natural resources ministry in
Wingham, said the Wingham office
had approved the installation of the
groynes.
But the contractor who did the
work, Shoreline Maintenance and
Construction of Sarnia, apparently
did not follow "modification" to the
groynes ordered by a ministry
engineer, Booth said.
"They were supposed to be level
with thewater tine or maybe six in-
ches above it," Booth said. "So far
we've been unable to get the contrac-
tor to go back and do what he was sup -
Ames -
Serving South Huron, North Middlesex
September 10,' 1986
posed to do in the first place.
Booth called the situation "a big
can of worms."
Tony Heimstra, president of
Shoreline Maintenance, blamed the
situation on "confusion" in letters he
received from the Wingham office.
He said he interpreted the letters to
mean that the groynes were to be in-
stalled "as low as was practical." •
Lowering the groynes will be "im-
possible, you can't do it, unless
they've (the ministry) come up with
some newfangled ideas about welding
under water," Heimstra said ."You
can't do it for starters and if you do
lower them to water level they won't
work," he said.
Booth said the ministry has since
toughened its policy on such work as
groyne installation, "partially in.
reaction to incidents like this".
The Schade View groynes were ap-
proved under ministry policy that re-
quired the concurrence of "im-
mediately abutting property
owners," he said. New the concur:
rence of property owners within 500
feet "downdrift" is required, he said.
Ralph Moulton, manager of the
Great Lakes water level communica-
tions centre in Burlingtn, said Lake
Huron has dropped "about three ire
ches (7.6 centimetres) since August
9 but still is at a record level for this
time of year.
He said the lake level is expected to
drop "abouta foot (30.centimetres)"
by year's end `''but it's not going to be
a big relief. There's a potential for a
severe problem between now and
winter freeze-up, and it's unusual not
to get severe storms on Lake Huron
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during that time of year."
Last week, owners of cottages at
Sunset Cove north of St. Joseph were
advised by the ministry that their ap-
plication to instal sheet pile groynes
to ' t their rties had been
denied because consent could not be
secured from downshore cottage
neighbors.
One of the Sunset Dove owners in-
dicated the eight people involved may
consider a shore wall or revetment.
One of the cottagerti in the group has
seen his lakefront.front yard drop in
to the lake at a frightening pace this
year. It is now about 12 feet in depth,
whereas it was previously about 30
feet.
VIEW FROM BEACH LEVEL —
groyne but beach level now
•
Some sand has begun to build up at the north corner of the sheet pile
exposes the groynes at least four and a half feet in height.
sst
MAN AGAINST NATURE — This view of the shoreline in front of the cottages in Highlands 3, about
two and a half miles north of Grand Bend, shows the various attempts property owners have tried over
the last 15 years to harness the power of destructive wove action along this stretch of Lake Huron.
1971 to 1986 has seen the building of gabion basket groynes, cement terracing with steel faced wall,
and finally steel sheet piling wall and groynes.
••
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LESS DRASTIC - Somewhat south of the recent sheet pile groynes installed in Highlands 3 subdivision,
earlier handmade attempts to fight erosion were made using stones sand bags and rail ties. The sand
bags are washing away at a quick rote.
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AWASH late August high winds sent waves surging t,p the river in Grandend to break against
the steps at the front door of the harbour building as well as enveloping the docks, gas pumps and
half the land up to River Road in ankle deepwater. o .,
ONE WEEK LATER — Two destructive storms in the last week of August changed the shorline contours
dramatically. The sheet piling wall in Highlands 3 has protected the foot of the hill and sand has built up
on the north side of the groyne to The 41/2 ft. height.
Key elements of bill
are outlined to board
Efficiency, time and cost cutting
measures are the key elements of a
report that calls for revisions to Bill
100, the School Boards and Teachers
Collective Negotiations Act.
At its September meeting, the
Huron County Board of Education
supported the new model of negotia-
tions as prepared by the Ontario
School Trustees Council (OSTC)
review committee.
John Elliott of the Huron board
wo ked on this committee. He said
th it the new model of recommenda-
tions has been supported by school
boards, teachers federations and
other groups across the province. He
said, "all groups appear to be 100 per-
cent receptive to this idea at the com-
mittee level."
Specifically, the new model sets out
seven main points:
1. Notice to bargain must be
delivered by January 15.
2. Negotiations commence and
teachers must deliver their initial
brief on or before February 15.
3. A mediator will be appointed by
April 30 if there is no settlement.
4. By August 15 the school board
must deliver to the teachers, on or
before this date, a final offer for con-
sideration by the teachers.
5. The teachers must vote on the
school board's final offer no later than
the day prior to the first day of school.
6. If no settlement is reached or the
teachers do not accept the school
board's offer, the schools will not open
and a full withdrawal of services will
commence as of the first day of
school.
7. The full withdrawal pf services
will continue until either a settlement
is reached or jeopardy is publicly
declared by the Education Relations
Commission and the government acts
to terminate the withdrawal of
services.
Elliott told Huron board members.
"There's a tremendous amount of
pressure onikoth sides to bargain in
-good faith an find a settlement so the
school year can get underway by the
first of September."
The report presented to the hoard
members further stated, "It was felt
that. the current process of negotia-
tions allows both parties tq drift
through the process with little
pressure being exerted. The recom-
mended process will put extreme
•
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pressure on both parties to reach an
agreement. Put simply, the new
model can be described as 'no con-
tract, no work'."
It further read, "The model makes
the first day of school a very impor-
tant timeline. This should encourage
boards and teachers to reach a
negotiated settlement prior to the
final offer vote. In addition, it will put
a great deal of pressure on the board
to ensure that the final offer is
reasonable."
44*
White the revisions to Bill 100 have
been explored and approved. at the
local school board levels, Elliott noted
that the Ontario government has not
yet begun to review the legislation
that has been currently in force for
about 10 years.
While the government has accepted
the need for some revision, Elliott
said, "At the government level a com-
mittee hasn't even been struck yet to
deal with it, but when it does, the posi-
tion has been prepared."
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