MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, JANUARY 23, 2019 5:00 PM
Middlesex Centre Municipal Office
 

 

AGENDA

The Municipal Council of the Municipality of Middlesex Centre will meet on January 23, 2019 at 5:00 pm.

1.0             CALL TO ORDER

Mayor DeViet to call the meeting to order at 5:00 pm. and to go directly into Closed Session.

2.0               CLOSED SESSION

R2019- THAT Council adjourn to closed session at __________ pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters:

2.1        Section 239 (2) (b) Two personal matters about identifiable individuals, including municipal or local board employees

2.2        Section (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose

R2019- THAT Council do now rise out of closed session and resume to open Council.

3.0             DISCLOSURE OF PECUNIARY INTEREST AND 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.

4.0             ADDITIONS TO THE AGENDA

There is one addition to the agenda under Closed Session

2.2  Section (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose

R2019- THAT the Additions to the Regular Agenda of Council dated January 23, 2019 be added to the Agenda as printed.

5.0             ADOPTION OF THE MINUTES

December 17, 2018 Minutes

January 9, 2019 Minutes

R2019- THAT the minutes of the December 17, 2018 and of the January 9, 2019 meetings of Council be adopted as printed.

6.0             DELEGATIONS, PRESENTATIONS & PETITIONS

6.1                Fred Lewis – Delegation RE:  The Ivan Drain

R2019- THAT Council receives the delegation from Fred Lewis regarding the Ivan Drain as information and will further consider Report CPS-09-2019 before making a decision.

6.2                Bill Rayburn, Middlesex County CAO

Middlesex Centre CAO Recruitment Presentation

R2019- THAT Mayor DeViet, Deputy Mayor Brennan and Councillor _________ be appointed to the Hiring Committee for the Chief Administrative Officer recruitment;

AND THAT Bill Rayburn, Chief Administrative Officer County of Middlesex guide the process for the Chief Administrative Officer recruitment.

6.3                Kevin Moniz, Engineer at Strik Baldinelli Moniz RE - Martin Drain

Martin Road Development Drain Report

R2019- THAT Council receives the information from Kevin Moniz regarding the Martin Drain report that Council approved on November 28, 2018;

AND FURTHER THAT Council approves the provisional By-Law 2019-006 to provide for drainage works;

AND further that the Court of Revision be scheduled for February 20, 2019 at 6pm and that Councillors Brennan, Scott, and Heffernan be appoint to the Court of Revision.


 

7.0             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.

7.1                CPS-04-2019 - Budget to Actual December 2018

7.2                CPS-05-2019 - Hiring Process for the Chief Administrative Officer

7.3                FS-01-2019 - Middlesex Centre Fire Services – 2018 End - Year Report

 

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Consent Agenda items 7.1 through 7.3 as information.

8.0             STAFF REPORTS

8.1                CPS-06-2019 - Health and Safety & Human Resource Coordinator Position

R2019- THAT council authorize the addition of a new full time permanent Health and Safety & Human Resource Coordinator position in Corporate Services.

8.2                CPS-07-2019 - Appoint a Municipal Engineer

R2019  THAT Council appoint Rob Cascaden, P. Eng from IBI Group as the Municipal Engineer until such time that a Director of Public Works and Engineering is hired.

8.3                CPS-08-2019 Meadowcreek Stormwater Project

R2019- THAT pre-budget approval for the Meadowcreek Stormwater Project in the amount of $130,000 be approved.

8.4                CPS-09-2019 - Resident request for a refund of penalty and interest paid

R2019- THAT No action be taken on the request from Fred Lewis to refund the penalty and interest paid on the drain account.

8.5                FS-02-2019 - Deputy Fire Chief Position - 2019

R2019- THAT the Council for the Municipality of Middlesex Centre approve the request to create a full-time management position; a Deputy Fire Chief.

8.6                PWE-02-2019 - 2019 Drinking Water Quality Management System Operational Plans Endorsement

R2019- THAT the 2019 Drinking Water Quality Management System Operational Plans for Middlesex Centre's drinking water systems as required under Ontario's Ministry of the Environment, Conservation and Parks’ Drinking Water Quality Management Standard be endorsed.

8.7                PLA-08-2019 - Application for Zoning By-law Amendment; Zelinka Priamo; 85; Queen Street, (ZBA-23-2018)

R2019- THAT the Zoning By-law Amendment application, filed by Zelinka Priamo on behalf of 1934553 Ontario Inc. in order to permit a contractor’s yard or shop on a lot for a period not to exceed 18 months on a property known municipally as 85 Queen Street be approved.

9.0               COMMITTEE OF ADJUSTMENT – 7:00 pm

R2019- THAT Council adjourn its regular meeting at _____pm in order to sit as a Committee of Adjustment under Section 45 of The Planning Act R.S.O., 1990, as amended. To consider the following Minor Variance applications:

9.1                Minor Variance A-23-18, George Sinker, 5233 Egremont Drive (County Road 22)

9.1.1      Planning Report PLA-07-2019 Campbell

R2019- THAT Minor Variance Application A-23/18 filed by George Sinker on behalf of Scott and Sarah Campbell for relief from the Comprehensive Zoning By-law’s maximum size for an accessory building and to allow the placement of the accessory building in the exterior side yard; for a property known municipally as 5233 Egremont Drive (County Road 22), be denied.

FURTHER THAT the reasons for denying Minor Variance Application A-23/18 include:

• The request complies with the general intent and purpose of Middlesex Centre’s

Official Plan;

• The request does not represent appropriate development on the subject property.

• The request does not comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; and

 

R2019 That the Committee do now rise out of the Committee of Adjustment and go back into the regular Council meeting.

10.0        PUBLIC MEETINGS

R2019- THAT Council move into Public Meeting at ________pm under Section 53 & 39 of the Planning Act, R.S.O. 1990, c. P13, as amended, to consider the following applications:

10.1           ZBA-26-2018, and Redline Revisions to Draft Plan of Subdivision, South Winds Development Co. Inc. (Edgewater Estates)

10.1.1 Planning Report PLA-02-2019

R2019- The Council for the Municipality of Middlesex Centre receives report PLA-02-2019 as information.

10.2           (OPA 42) ZBA-27-2019 Phil and Diana Ruggeri, Part Lot 28, Concession 3

10.2.1 Planning Report PLA-03-2019 Ruggeri

R2019- THAT Official Plan Amendment No. 42 for the land legally described as Part of Lot 28, Concession 3 (geographic Township of London), Municipality of Middlesex Centre, be adopted and forwarded to the County of Middlesex for consideration of approval.

THAT the Zoning By-law Amendment application, filed by Phil and Diana Ruggeri, to rezone the subject property from the ‘Agriculture’ (A1) zone to the site-specific ‘Agricultural’ (A1-33) for a property described as Part Lot 28, Concession 3 (geographic Township of London) be deferred until such a time as the requested site specific provisions are circulated to members of the public and applicable agencies and a public meeting is held.

10.3           B-25-18 and ZBA-28-2018; Heather Merrit, 13487 Fourteen Mile Road

The applicants have decided to defer their application until a later date

DEFERED

10.4           B-26-18 and ZBA-29-2018; All in Farms, 13559 Sixteen Mile Road

10.4.1 Planning Report PLA-05-2019

R2019- THAT consent application B-26/18, filed by George Sinker on behalf of All in Farms in order to sever a surplus farm residence on a lot with a frontage of 48 metres along Sixteen Mile Road and an area of 0.348 hectares; from a property legally described as Part of Lot 23, Concession 15 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-26/18 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 have 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-26/18 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
  4.                That the Owner’s solicitor provides 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 submits 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-26/18 and prohibits new dwellings on the retained lot of Consent B-26/18 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-26/18  of  normal  farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced. This agreement shall be registered prior to issuing the certificate of consent.  The following requirement  shall  be included in the severance agreement:

The Owner shall include in any Agreement of Purchase and Sale of the severed lot a warning specifically notifying future owners that normal  farm  practices,  as  outlined  in  the  Farming and  Food Production  Protection  Act,  1998,  as  amended  or  replaced,  are engaged in and occur in the area of the property and shall require the purchaser, as a condition of any aforementioned Agreement of Purchase and Sale, to acknowledge and accept that normal farm practices,   as outlined   in   the   Farming   and   Food   Production Protection Act, 1998, as amended or replaced, are engaged in and occur in the area of the property.

  1.                That any outstanding property taxes for the severed and retained lots of Consents B-26/18 be paid in full.
  2.            That the Owner confirm the location of the septic system and well to the satisfaction of the Municipality, and that a contingency area is available, all of the above shall be adequately located on the residential parcel.
  3.            That the residence is deemed habitable by the Chief Building Official.
  4.            That the barn and hydro services on the retained farm parcel be removed and demolished to the satisfaction of the Chief Building Official.
  5.            That the laneway leading to the back of the property be disconnected from the laneway servicing the house.  This should be removed and replaced with vegetation to the satisfaction of the Chief Building Official.
  6.            That the subject property be brought into compliance with the Municipality’s Property Standards By-law.
  7.            That an entrance permit be obtained from the Municipality for the entrance to the retained parcel and that an address sign be erected at the entrance to this property. All costs associated with this shall be borne by the Owner.
  8.            That the Owner dedicate land up to 10 metres from the centerline of construction of Sixteen Mile Road along the severed and retained lot to the Municipality of Middlesex Centre if the right-of-way is not already to that width. All costs associated with the conveyance shall be borne by the Owner.

FURTHER THAT the reasons for granting Consent Application B-26/18 include:

AND FURTHER THAT the Zoning By-law Amendment application, filed by All in Farms and retained lot of Consent B-2 26/18 in order to implement the severance of a surplus farm residence, be approved.

10.5           Draft Plan of Subdivision 39T-MC-1801; 10114 Oxbow Drive

10.5.1 Planning Report PLA-06-2019 PW Holdings

R2019- THAT report PLA-06-2018 be received as information.

 

R2019-  That Council do now Close the Public Meeting and go back into the Regular Council meeting.

11.0        NOTICE OF MOTION

None

12.0        CORRESPONDENCE

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 12.1 through to 12.5 as information.

12.1           St. Clair Region Conservation Authority Meeting Highlights, Nov 8, 2018

12.2           AMO 1- Bill 66 – Municipal Implications Overview

12.3           Georgina – Bill 66 -  Restoring Ontario’s Competiveness Act

12.4           AMO 2- Ontario Government Releases New Enviro Plan for Consultation

12.5           Thames Centre – Trade Deal Between Canada and Saudi Arabia

13.0        COUNTY COUNCIL UPDATE

14.0        OTHER BUSINESS

15.0        BY-LAWS

15.1   By-Law 2019-006 - To provide a drainage works to be known as the Martin Road Development Drain

15.2   By-Law 2019-007 - To amend the Middlesex Centre comprehensive zoning by-law number 2005-005 with respect to Part of Lot 6, Concession 2 (geographic Township of Lobo), Municipality of Middlesex Centre

15.3   By-Law 2019-008 To approve and ratify a temporary use agreement between 1934553 Ontario Inc. (Kevlar Construction), known as the “Owner”, and the Municipality of Middlesex Centre as the “Municipality” for land described as Part of Lot 6, Concession 2 (Geographic Township of Lobo), Municipality of Middlesex Centre

15.4   By-law 2019-009 To accept and assume ownership of the works on registered plan 33M-473 (Geographic Township of Delaware) Tower Heights Subdivision, Delaware (Tower Heights Subdivision Phase 2b)

15.5           By-Law 2019-010To adopt Amendment No. 42 to the Official Plan of Middlesex Centre (OPA 42)

15.6           By-Law 2019-011 - To amend the Middlesex Centre  comprehensive zoning by-law number 2005-005  with respect to part of lot 23, concession 15 (geographic township of London), roll number: 393903409004300 (ZBA-29-2018)

15.7           By-Law 2019-012 - to adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on January 23, 2019

R2019- THAT By-law 2019-006 be given first and second reading;

AND FURTHER THAT By-Laws 2019-007 through to 2019-012 inclusive be approved passed and adopted.

1.0               ADJOURNMENT

R2018- THAT the Council for the Municipality of Middlesex Centre adjourns the January 23, 2019 Regular Council meeting at ___________ p.m.

 

The next Council meetings are scheduled for Wednesday, January 30, 2019 at 5:00 pm for a Special Council Meeting and February 6, 2019 for a Regular Meeting of Council in the Council Chamber.