MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, FEBRUARY 20, 2019 6:00 PM
Middlesex Centre Municipal Office
 

 

AGENDA

The Municipal Council of the Municipality of Middlesex Centre will meet on February 20, 2019 at 6:00 pm.

1.0             CALL TO ORDER

Mayor DeViet to call the meeting to order at 6:00 pm.

2.0             CLOSED SESSION

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

5.0             COURT OF REVISION

5.1        The Martin Road Development Drain

5.1.1      Strik Baldinelli Moniz, Martin Rd Development Drain Report

Members:  Brennan, Scott and Heffernan

R2019-  THAT the February 20, 2019 regular meeting of Council recess for Court of Revision with the members being Deputy Mayor Brennan, Councillor Scott and Councillor Heffernan.

 

R2019- THAT the Assessments as levied by Strik Baldinelli Moniz in the report dated November 15, 2018 and adopted by Provisional By-Law 2019-006 to pay for drainage works known as the Martin Road Development Drain be confirmed.

R2019-  THAT the Court of Revision is hereby closed and that the February 20, 2019 regular meeting of Council reconvene.

6.0       ADOPTION OF THE MINUTES

6.1                Feb 6, 2019 Regular Council Meeting Minutes

R2019- THAT the minutes of the February 6, 2019 meeting of Council be adopted as printed.

7.0       DELEGATIONS, PRESENTATIONS & PETITIONS

7.1        Lower Thames Conservation Authority Presentation by Bonnie Carey, Community Relations Coordinator and Mark Peacock, CAO

R2019- THAT the Council for the Municipality of Middlesex Centre receives the presentation from the Lower Thames Conservation Authority as information.

8.0             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.

8.1                C-02-2019 - Written Statement of Disclosure of Pecuniary Interest and Registry

8.2                CPS-14-2019 – YMCA Strong Kids Donation

8.3                CPS-15-2019 - Integrity Commissioner Report 2018-03

8.4                PWE-06-2019 – 2018 Annual Water Reports

8.5                PWE-07-2019 – 2018 Annual Wastewater Reports

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Consent Agenda items 8.1 through 8.5 as information.

9.0             STAFF REPORTS

9.1                CPS-16-2019 - Salary Grid Review 2019

R2019- THAT the salary grid range for the Chief Administrative Officer be reviewed and a recommendation be presented to Council for March 6, 2019; and

THAT a market assessment be conducted for all positions on the salary grid for consideration by Council, fall 2019.

 

 

9.2                CPS-17-2019 – Council Grants Program

R2019- THAT the request from Optimist Club of Bryanston-Birr Inc. be approved in the amount of $1,500.00 in accordance with the Council Grants Policy; and

FURTHER THAT the request from Del-Ko-Brydge Canada Day be approved in the amount of $2,000.00 in accordance with the Council Grants Policy; and

 

FURTHER THAT the request from Komoka Railway Museum be approved in the amount of $2,000.00 in accordance with the Council Grants Policy; and

 

FURTHER THAT the request from the Middlesex Centre Archives be approved in the amount of $1,500.00 in accordance with the Council Grants Policy; and

 

FURTHER THAT the request from the London and Middlesex Heritage Museum – Fanshawe Pioneer Village be approved in the amount of $5,000.00 in accordance with the Council Grants Policy; and

 

FURTHER THAT the request from Poplar Hill Picnic be approved in the amount of $1,200.00 in accordance with the Council Grants Policy; and

 

FURTHER THAT the request from Trees Middlesex be approved in the amount of $1,000.00 in accordance with the Council Grants Policy; and

 

FURTHER THAT the request from the Tri-County Heritage Club be approved in the amount of $1,500.00 in accordance with the Council Grants Policy; and

 

FURTHER THAT that staff be directed to prepare correspondence and issue payment to the above noted organizations.

 

 

9.3                C-01-2019– Adoption of a Council and Staff Relationship Policy

R2019- That the Council for the Municipality of Middlesex Centre receives Report C-01-2019 and adopts the Council Staff Relations Policy as presented.

9.4                PWE 03-2019 - Goudy Municipal Drain Improvement

R2019-  THAT the drainage works for the Request for Municipal Drain Improvement submitted by Ian Goudy proceed;

AND FURTHER THAT staff be directed to notify the affected landowners and appropriate agencies of the Council’s decision to proceed with the drainage works;

AND FURTHER THAT following the notice to the appropriate agencies, Mike Devos, P. Eng. of Spriet Associates be appointed to prepare a Drainage Report for the creation of a Municipal Drain, all in accordance with the Ontario Drainage Act.

 

9.5                PWE 04-2019 - Government Drain No 1 Extension

R2019-  THAT the drainage works for the Municipal Drain Petition submitted by Jeff Cook proceed; and

FURTHER THAT staff be directed to notify the affected landowners and appropriate agencies of the Council’s decision to proceed with the drainage works; and

FURTHER THAT following the notice to the appropriate agencies, Mike Devos, P. Eng. of Spriet Associates be appointed to prepare a Drainage Report for the creation of a Municipal Drain, all in accordance with the Ontario Drainage Act.

 

9.6                PWE 05-2019 - Tender Results – Squires Municipal Drain Construction Award

R2019-  THAT the construction of the Squires Municipal Drain Improvement be awarded to the lowest tender bid submission received from VanBree Drainage and Bulldozing Ltd. in the amount of $170,923.80 (including HST).

 

10.0        COMMITTEE OF ADJUSTMENT

11.0        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:

11.1           ZBA-27-2018 – Phil & Diana Ruggeri – Part Lot 28, Concession 3

11.1.1           Planning Report PLA-10-2019

R2019- THAT the Zoning By-law Amendment application, filed by Phil and Diana Ruggeri, to rezone the subject property from the ‘Agricultural’ (A1) zone to the site-specific ‘Agricultural’ (A1-33) zone for a property legally described as Part Lot 28, Concession 3(geographic Township of London) be approved.

11.2           B-22-18 & ZBA-25-2018 – 1985632 Ontario Ltd. – Part Lot 8, Concession 11 – Agent: Kirkness Consulting Inc.

11.2.1           Planning Report PLA-11-2019

R2019- THAT Consent Applications B-22/18-B-24/18, filed by Laverne Kirkness, on behalf of 1985632 Ontario Limited in order to sever five residential lots with each lot having a frontage of 29.7 metres (97.44 feet) and a depth of approximately 91.4 metres (299.87 feet), and an area of approximately 0.27 hectares (0.67 acres) from a farm holding with a lot area of approximately 30.5 hectares (75.4 acres), on a property legally described as Part Lot 8, Concession 11 (geographic Township of London), Municipality of Middlesex Centre; be granted;

FURTHER THAT Consent B-22/18-B-24/18 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 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-22/18-B-24/18 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
  4. That the Owners’ 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 Owners’ 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 a Zoning By-law Amendment that recognizes the residential uses of the severed lots of Consents B-22/18-B-24/18 be in full force and effect and that a Zoning By-law Amendment that recognizes the reduce lot area of the retained lot of consents B-22/18-B-24/18 be in full force and effect.
  7. That, if necessary, a revised assessment scheduled in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owners.
  8. That the transfers for the Consents B-22/18-B-24/18 be registered concurrently by the Owner’s solicitor.
  9. That any outstanding property taxes for the severed and retained lots of Consent B-22/18-B-24/18 be paid in full.
  10. That the Owner enter into a Development Agreement with the Municipality, and that the Agreement be registered against the title of the subject land, to address among other matters: all financial, legal, planning and engineering matters including but not limited to payment of the Municipality’s engineering, legal and planning review costs, entrance locations and construction, works within the road allowance, lot grading and drainage, building envelopes, septic systems and 100% contingency areas and potable wells, all to the satisfaction of the Municipality.
  11. Upon fulfill of condition #10, the owner shall install the private wells and driveways for each of the severed lots of Consents B-22/18-B-24/18 and that this be done by obtaining all the appropriate permits, paying all of the appropriate fees and be to the satisfaction of the County of Middlesex and Middlesex Centre.
  12. That the Owner provide a lot grading plan showing potential building, septic, contingency and well locations for all properties to the satisfaction of the Municipality.
  13. That the owner retain a qualified professional to undertake a soils investigation to confirm independent sewage disposal systems are capable of supporting the proposed residential development based on existing site conditions and surrounding uses.
  14. That the Owners provide $1,000 cash-in-lieu of parkland dedication for each of the severed lots of Consents B-22/18-B-24/18 in accordance with the Municipality’s Fees and Charges By-law.
  15. That the Owner complete a Storm Water Management Report to the satisfaction of the Municipality and the Conservation Authority.
  16. That the Owner complete a Groundwater Impact Assessment Report to the satisfaction of the Municipality.
  17. That the Owners provide a road widening for the purposes of road widening to a distance of 18.0 m from the centerline of construction along both County Road 16 (Plover Mills Road) and County Road 23 (Highbury Ave. N) across the severed and retained parcels if the right of way is not already to that width.

AND FURTHER THAT the reasons for granting Consent application B-22/18-B-24/18 include:

AND FURTHER THAT the Zoning By-law Amendment application, filed by Laverne Kirkness on behalf of 1985632 Ontario Limited for the severed and retained lands of Consent B-22/18-B-24/18, be approved.

 

11.3           B-1 & 2-2019 and ZBA-1-2019 - Drewlo Holdings Inc. – 15 Elmhurst

11.3.1                Planning Report PLA-12-2019

R2019- THAT Consent Applications B-01/19 and B02/19, filed by Paul Hinde, on behalf of Drewlo Holdings Inc. in order to sever two residential lots with one severed to have a frontage of approximately 22 metres (72.18 feet) with an area of approximately 2156 m² (0.53 acres) and the other severed is proposed to have a frontage of approximately 21 metres (68.89 feet) with an area of approximately 2058 m² (0.51 acres), the retained is to have a frontage of approximately 21 metres (68.89 feet) with an area of approximately 2058 m² (0.51 acres) on a property legally described as Lot 1, Plan 909 (geographic Township of Lobo), Municipality of Middlesex Centre, known municipally as 15 Elmhurst; be granted.

FURTHER THAT Consent B-01/19 and B02/19 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-01/19 and B02/19 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
  4.          That the Owners’ 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 Owners’ 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 any outstanding property taxes for the severed and retained lots of Consent B-01/19 and B02/19 be paid in full.
  7.          That the Owner enter into a Development Agreement with the Municipality, and that the Agreement be registered against the title of the subject land, to address among  other  matters:  all financial,  legal,  planning  and  engineering  matters including but not limited to payment of the Municipality’s engineering, legal and planning review costs, entrance locations and construction, works within the road allowance, lot grading and drainage plans, building  envelopes, septic systems and 100% contingency areas and potable wells, all to the satisfaction of the Municipality.
  8.          That the Owner provide a lot grading plan showing potential building, septic, contingency and well locations for all properties to the satisfaction of the Municipality.
  9.          The Owner be required to complete a Stormwater Management Report to the satisfaction of the Municipality and the Conservation Authority
  10.      The Owner be required to complete a Groundwater Impact Assessment.
  11.      That existing buildings and structures be removed from the subject lands subject to any necessary permits to the satisfaction of the Municipality.
  12.      The applicant be required to pay for future road upgrade cost. Based on the frontage of the lots, this cost will be $17,700.00.
  13.      That the Owners pay $1,000 cash-in-lieu of parkland dedication for each proposed lot of Consent B-01/19 and B02/19.

AND FURTHER THAT the reasons for granting Consent application B-01/19 and B02/19 include:

AND FURTHER THAT the Zoning By-law Amendment application, filed by Paul Hinde on behalf of Drewlo Holdings Inc. for the severed and retained lands of Consent B-01-19 and B-02-19, be approved.

11.4           ZBA-02-2019 – Londono – 22622 Jury Road

11.4.1  Planning Report PLA-09-2019

R2019- THAT Zoning By-law Amendment Application ZBA-02-19, filed by Miguel F. Arango and Diana M. Londono, in order to permit two single-detached dwellings on one property for up to three 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 $15,000 to ensure that the removal of the existing residence and associated accessory buildings occurs.

 

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

12.0        NOTICE OF MOTION

13.0        CORRESPONDENCE

13.1         ML Health UnitLarvicide Permits

R2019- THAT the Council authorizes the Clerk to complete the suggested letter template as outlined in the correspondence and return to the Medical Officer of health and Director under the Pesticides Act to help reduce the risk of West Nile

13.2         Communities in Bloom – Invitation to register in the Program

13.3         Lower Thames Conservation Authority - Media Release

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 13.1 through to 13.3 as information.

 

14.0        COUNTY COUNCIL UPDATE

15.0        OTHER BUSINESS

15.1   Discussion on Cross Walk 23 metres north of Heritage Dr. on Hyde Park Rd.

16.0        BY-LAWS

16.1                  By-Law 2019-019 – To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Part of Lot 28, Concession 3 (Geographic Township of London), Roll number: 393903406023205 (ZBA-27-2018)

16.2                  By-Law 2019-020 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Lot 1, Plan 909 (Geographic Township of Lobo), Roll number: 393900001034100(ZBA-01-2019)

16.3                  By-law 2019-021 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Part of Lot 8, Concession 11, RP 33R18714 Part 1 (Geographic Township of London), Roll number: 393903402014500 (ZBA-25-2018)

16.4                  By-Law 2019-022 - To amend the Middlesex center comprehensive zoning by-law number 2005-005 with respect to Part of Lot 13, Concession 2 (geographic Township of Lobo), Part 1, Reference Plan 33R-8411, roll number: 393900001017300 (ZBA-02-2019)

16.5                  By-Law 2019-023 - To amend the Middlesex Center comprehensive zoning by-law number 2005-005 with respect to Part of Lot 13, Concession 2 (geographic Township of Lobo), Part 1, Reference Plan 33R-8411, roll number: 393900001017300 (ZBA-02-2019)

16.6                  By-Law 2019-024 - To approve and ratify a Site Plan Control Agreement between 283021 Ontario Inc. (the Owner), and 2205336 Ontario Inc. (“2205336 Ontario”) and The Municipality of Middlesex Centre (the Municipality) (the Oaks Golf and Country Club)

16.7                  By-Law 2019-025 - To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on February 20, 2019

R2019- THAT By-Laws 2019-019 through to 2019-025 inclusive be approved passed and adopted.

17.0        ADJOURNMENT

R2019- THAT the Council for the Municipality of Middlesex Centre adjourns the February 20, 2019 Regular Council meeting at ___________ p.m.

The next Council meeting is Wednesday, march 6, 2019 at 6:00 pm in the Council Chambers located at 10227 Ilderton Road in Coldstream.