MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, FEBRUARY 22, 2017 4:00 PM
Middlesex Centre Municipal Office
 

 

AGENDA

 

The Municipal Council of the Municipality of Middlesex Centre will meet in Regular Session in the Council Chamber on February 22nd, 2017 at 4:00 pm.

COUNCIL PRESENT:  Mayor Edmondson - Chair presiding, Deputy Mayor DeViet, Councillors Harvey, Brennan, McMillan, Silva and Berze.

REGRETS: 

STAFF PRESENT:  Michelle Smibert – CAO, Stephanie Troyer-Boyd – Clerk, Arnie Marsman Director of Planning and Development Services,  Brian Lima – Director of Public Works and Engineering, Scott Mairs – Director of Community Services, Tiffany Farrell – Director of Corporate Services, Ben Puzanov – Senior Planner.

ALSO PRESENT:  Members of the public and press.

 1.0 CALL TO ORDER

 

Mayor Edmondson calls the meeting to order at 4:00 pm.

  

 2.0 Adoption of the addITIONS To the agenda

 

R2017-058 Motion by

 

THAT the Additions to the Regular Agenda of Council dated February 22nd, 2017 be added to the Agenda as printed.

 

3.0 BUSINESS FOR WHICH PREVIOUS NOTICE HAS BEEN GIVEN

 

3.1 Notice of Motion to be considered at the March 8th, 2017 Meeting of Council (Councillor Silva)

 

R2017-  Motion by

 

WHEREAS Automated External Defibrillators are used to treat sudden cardiac arrest and have been proven to be life-saving during the waiting time period for emergency services;

 

AND WHEREAS for every minute a person in cardiac arrest goes without being successfully treated by defibrillation, the chance of survival decreases by 7 percent in the first, and decreases by 10 percent per minute as time advances past 3 minutes;

 

AND WHEREAS Andrew Stoddart, a 15 year old boy, passed away while playing soccer in Kintore, Ontario, an AED on site may have increased his odds of survival. Andrew’s Legacy foundation has currently purchased 22 AEDs for across Oxford County, including all three elementary schools in Zorra Township;

 

AND WHEREAS Thames Valley District School Board has yet to put together a policy for having AED’s in place in all, or any, of their public elementary and secondary schools;

 

THEREFORE BE IT RESOLVED THAT the Municipality of Middlesex Centre requests that the Premier, and Minister of Education, develop a policy that enables all school boards in Ontario, including the Thames Valley District School Board, that allows individual elementary and secondary schools to have an AED installed in their schools; and

 

FURTHER THAT the Municipality of Middlesex Centre request that the Thames Valley District School Board develop a policy to install AEDs in all schools in the Thames Valley District School Board as soon as possible for the safety of our children; and

 

FURTHER THAT this resolution be sent to the Premier, Minister of Education, AMO, Thames Valley District School Board; and all Ontario Municipalities for consideration and support.             

 

4.0 DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

 

The Municipal Conflict of Interest Act requires any member of Council declaring a pecuniary interest and the general nature thereof, where the interest of a member of Council has not been disclosed by reason of the member’s absence from the meeting, to disclose the interest at the first open meeting attended by the member of Council and otherwise comply with the Act.

 

  Name    Item    Nature

 

 

 

 

5.0 ADOPTION OF THE MINUTES

 

R2017- Motion by

 

 THAT the February 8th, 2017 minutes  be adopted as printed. 

 

 6.0 CONSENT AGENDA

 

Items listed under the Consent Agenda are considered routine and may require discussion but no action on the part of Council. Consent items are received in one motion. Council members may request that one or more item be removed for further action.

 

R2017- Motion by

    

  1. THAT BLD-04-2017 - January 2017 Building Report  be received.
  2. THAT CPS-11-2017 Budget to Actual December 2016  be received.
  3. THAT CPS-12-2017 Capital Budget to Actual 2016 be received.

 

7.0 COURT OF REVISION

 

R2017-  Motion by

 

 THAT Council recess for Court of Revision

 

4:00 pm  7.1 Ross-Moir Municipal Drain

 

R2017-  Motion by

  

THAT the assessments as levied in the report of GM Blue Plan Engineering dated November 30th, 2016 and adopted by provisional By-Law Number 2017-022 to pay for drainage works known as the Ross-Moir Drain be confirmed.

 

8.0 DELEGATIONS

 

4:15 pm  1. YMCA Komoka & Stoney Creek- 2017 Impact Presentation

4:30 pm  2. County of Middlesex – Local Council Visits 2017

5:00 pm   3. Jerry Pilkey - Fixed Monthly Water Charge

5:15 pm  4. Jim Reith – Site Triangle Dedication Requirement

 

 9.0 STAFF REPORTS

 

  9.1 PLA-12-2017 - Road Widening Dedications

R2017-  Motion by

  

THAT all additional land required for roadway widening or extension of rights-of-way continue to be obtained by the Municipality through plans of subdivision, severances and site plan control processes at the expense of applicants and no cost to the Municipality.

 

9.2 CPS-10-2017 - Procedure By-Law

R2017-  Motion by

  

THAT By-law 2017-026 being a By-law to provide rules for governing the order and procedures of the Council of the Municipality of Middlesex Centre be approved.

 

9.3 PWE-14-2017 - Sifton Properties Limited Service Level Agreement

R2017-  Motion by

THAT the Municipality of Middlesex Centre enter into a Service Level Agreement with Sifton Properties Limited.

9.4 PWE-15-2017 - 2017 Asphalt Resurfacing Program

R2017-  Motion by

THAT the 2017 Asphalt Resurfacing Program be awarded to the lowest tender bid submission received from Dufferin Construction Company in the amount of $424,527.00 (excluding HST); and

FURTHER THAT the Mayor and Clerk be authorized to execute all agreements relating to the Asphalt Resurfacing Program.

9.5 CAO-05-2017 - Health & Safety Policy and Program manual Continuous Improvement Prioritization Plan

R2017-  Motion by

THAT the Health and Safety Policy and Program Manual Continuous Improvement Prioritization Plan report be endorsed.

 10.0  RECESS FOR DINNER

 

R2017-  Motion by

 

  THAT Council recess at 6:00 pm and reconvene at 7:00 pm.

 

 11.0  COMMITTEE OF ADJUSTMENT

 

R2017-  Motion by

 

THAT the Council adjourn its regular meeting at 7:00 p.m. in order to sit as Committee of Adjustment under Section 45 of The Planning Act R.S.O., 1990, as amended.

 

12.1 PLA-13-2017 - Minor Variance A-3-17 - Vandervelden

 

R2017-  Motion by

 

THAT Minor Variance Application A-3/17, filed by Martin and Alexis Vandervelden for relief from the Middlesex Centre Comprehensive Zoning By-law 2005-005 in order to allow for an arts and crafts studio to operate out of an existing 33.4 square metre detached garage; for a property legally described as Lot 7, Block O, Plan 76 (geographic Township of Lobo), Municipality of Middlesex Centre and known municipally as 126 St. Lawrence Avenue; be granted.

 

FURTHER THAT Minor Variance A-3/17 not be subject to any conditions.


AND FURTHER THAT the reasons for granting Minor Variance Application A-3/17 include:

12.0  PUBLIC MEETINGS

7:00 pm

R2017-  Motion by

 

THAT Council move into Public Meeting at  p.m. under Section 53 & 34 of the Planning Act, R.S.O. 1990, c. P13, as amended.

 

12.1 PLA-14-2017 - ZBA - Prueter

 

R2017-  Motion by

 

THAT the Zoning By-law Amendment application, filed by John and Charlene Prueter in order to permit two single-detached dwellings on one property for up to two years while a new residence is being constructed on the land, be approved, and that the Owners be required to enter into a Temporary Use Agreement with the Municipality and submit a deposit of $10,000 to ensure that the removal of the existing residence occurs.

 

  12.2 PLA-15-2017 - Consent B-6-17 and ZBA - Liahn Farms

 

R2017-  Motion by

 

THAT Consent application B-6/17, as filed by Liahn Farms Limited and recommended for amendment by staff in order to sever a surplus farm residence and two accessory buildings on a lot with a lot frontage of approximately 57.16 metres along Springer Road and an area of approximately 0.688 hectares; from a property legally described Part of Lots 6, 7 and 8, Concession D (geographic Township of Delaware), Municipality of Middlesex Centre and known municipally as 3829 Springer Road; be granted.

 

FURTHER THAT Consent B-6/17 be subject to the following conditions:

  1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled.
  2. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.
  3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-6/17 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
  4. That the Owner’s solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent.
  5. That the Owner’s solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision.
  6. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.
  7. That a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-6/17 and prohibits new dwellings on the retained lot of Consent B-6/17 be in full force and effect.
  8. That the Owner enter into a severance agreement with the Municipality in order to advise future owners of the severed lot of Consent B-6/17 of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act,1998, as amended.
  9. That any outstanding property taxes for the severed and retained lots of Consent B-6/17 be paid in full.
  10. That the Owner obtain the necessary permits and install a new farm entrance in order to provide access to the agricultural storage buildings on the retained lot of Consent B-6/17.
  11. That the retained lot of Consent B-6/17 be provided with an address to the satisfaction of the Municipality and with all signage costs being borne by the Owner.
  12. That the Owner dedicate land to 10 metres from the centreline of Miller Road along the retained lot of Consent B-6/17 to the Municipality for road widening purposes if the right-of-way is not already to that width.
  13. That the private laneways between the severed and retained lots of Consent B-6/17 be removed to the satisfaction of the Municipality.
  14. That all private electrical services be wholly contained on the severed and/or retained lot of Consent B-6/17 or that the appropriate easements be established by the Owner to the satisfaction of the Municipality.
  15. That the severed and retained lots of Consent B-6/17 be cleared of derelict motor vehicles to the satisfaction of the Municipality.

 

FURTHER THAT the reasons for granting Consent application B-6/17 include:

 

AND FURTHER THAT the Zoning By-law Amendment application, filed by Liahn Farms Limited for the severed and retained lots of Consent B-6/17 in order to implement the severance of a surplus farm residence, be approved.

 

  12.3 PLA-16-2017 - Consent B-7-17 and ZBA - McRobert

 

R2017-  Motion by

 

THAT Consent application B-7/17, filed by Allan McRobert in order to sever a surplus farm residence on a lot with a lot frontage of approximately 87 metres along Charlton Drive and an area of approximately 1.05 hectares; from a property legally described Part of Lot 6, Concession 11 (geographic Township of Lobo), Municipality of Middlesex Centre and known municipally as 10096 Charlton Drive; be granted.


FURTHER THAT Consent B-7/17 be subject to the following conditions:

  1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled.
  2. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.
  3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-7/17 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
  4. That the Owner’s solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent.
  5. That the Owner’s solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision.
  6. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.
  7. That a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-7/17 and prohibits new dwellings on the retained lot of Consent B-7/17 be in full force and effect.
  8. That the Owner enter into a severance agreement with the Municipality in order to advise future owners of the severed lot of Consent B-7/17 of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act,1998, as amended.
  9. That any outstanding property taxes for the severed and retained lots of Consent B-7/17 be paid in full.
  10. That the Owner provide confirmation that the private sewage disposal system that services the residence at 10096 Charlton Drive is wholly contained on the severed lot of Consent B-7/17 and that this be to the satisfaction of the Municipality.
  11. That the private ponds on the severed and retained lots of Consent B-7/17 be wholly contained on their respective lots and that the Owner provide confirmation of same from an Ontario Land Surveyor to the satisfaction of the Municipality.

 

FURTHER THAT the reasons for granting Consent application B-7/17 include:

 

AND FURTHER THAT the Zoning By-law Amendment application, filed by Allan McRobert for the severed and retained lots of Consent B-7/17 in order to implement the severance of a surplus farm residence, be approved.

 

13.0 NEW BUSINESS

  

 14.0 BY-LAWS

 

14.1 By-Law 2017-026 Procedure
14.2 By-Law 2017-027 Execution - Intelivote Agreement
14.3  By-Law 2017-028 Execution - Service Level Agreement - Sifton
14.4 By-Law 2017-029 ZBA Prueter
14.5 By-Law 2017-030 Execution - Temp Use Agree Prueter
14.6 By-Law 2017-031 ZBA Liahn Farms
14.7 By-Law 2017-032 ZBA McRobert
14.8 By-Law 2017-033 Confirming - February 22, 2017

R2017-  Motion by

THAT By-Laws 2017-026 through 2017-033 be approved and this constitutes first, second and third reading and that By-Laws 2017-026, 2017-027, 2017-028, 2017-029, 2017-030, 2017-031, 2017-032, and 2017-033 are hereby enacted.

 

 15.0 ADJOURNMENT

 

R2017-  Motion by

 

THAT the meeting adjourn at

 

The next Council meeting is Wednesday, March 8th, 2017 at 4:00 pm in the Council Chamber.

 

INFORMATION ITEMS/COUNCIL CORRESPONDENCE

 

1.             Resolution - Thames Centre - Fire Dept Infrastructure

2.             Resolution - Neebing - Carbon Tax Credits

3.             Resolution - Parry Sound - Gas Tax Funding

4.             Resolution - Parry Sound - Railway Property Taxes

5.             Resolution - Port Hope - Fire Department Infrastructure

6.             Correspondence - Medway Farms consent application

7.             Correspondence - Perth South Comments to UTRCA re budget

8.             Correspondence - YMCA Strong Kids

9.             Middlesex Centre Community Policing Committee Minutes - Jan 2017

10.         Stratford Civic Night Invitation