MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, MAY 22, 2019 4:30 PM
Middlesex Centre Municipal Office
 

 

AGENDA

The Municipal Council of the Municipality of Middlesex Centre will meet on May 22, 2019 at 4:30 pm.

1.0             CALL TO ORDER

Mayor DeViet to call the meeting to order at 4:30 pm. and move 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) personal matters about an identifiable individual, including municipal or local board employees; CAO Recruitment

2.2              Section 239 (2) ) (b) personal matters about an identifiable individual, including municipal or local board employees; Director of Public Works Recruitment

 

R2019- THAT Council do now rise out of closed session at________ p.m.

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               DELEGATIONS, PRESENTATIONS & PETITIONS

4.1                Watson and Associates - Asset Management Presentation

R2019-  THAT the Asset Management Presentation provided by Watson & Associates Ltd. Be received as information.

4.2                 Morgan Calvert, Director, Information Technology Services, County of Middlesex -Information Technology Policies and Cyber Security

R2019- THAT the Information Technology Policies and Cyber Security Presentation provided by Morgan Calvert, Director, Information Technology Services for the County of Middlesex be received as information.

5.0             ADOPTION OF THE MINUTES

5.1                May 8, 2019 Minutes

R2019- THAT the minutes of the May 8, 2019 meeting of Council be adopted as printed.

6.0             ADDITIONS TO THE AGENDA

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                BLD-09-2019 – April 2019 Building Report

7.2                Community Services Advisory Committee Minutes - CSAC March 4, 2019

7.3                FS-05-2019 - County Fire Prevention Program Update

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                CMS-04-2019 – Play it Forward Initiative

R2019- THAT the agreement with Middlesex County with respect to the Play it Forward Financial Assistance Program be approved.

 

8.2                CMS-05-2019 - Perth Care for Kids Lease Agreement

R2019- THAT the Lease Agreement with Perth Care for Kids be approved.

 

8.3                CPS-41-2019 – Information Technology Policies

R2019- THAT the Cellphone and Mobile Device policy be approved, effective May 23, 2019;

AND THAT the Protection of Privacy and Confidentiality of Information policy be approved, effective May 23, 2019;

AND THAT the User Accounts and Passwords policy be approved, effective May 23, 2019.

 

8.4                CPS-42-2019 - Strategic Asset Management Policy

R2019-  THAT the Strategic Asset Management Policy be approved.

 

8.5                CPS-43-2019 - Ilderton Community Improvement Plan (CIP) 2019

R2019- THAT Councillor Debbie Heffernan and Dennis Adlington be appointed to the Ilderton Community Improvement Plan 2019 Evaluation Committee.

 

8.6                CPS-44-2019 - Asset Management Program Update

R2019- THAT Report No. CPS-44-2019 dated May 22, 2019 regarding the Municipality’s asset management program update be received;

AND FURTHER THAT Council continues to support the development of a comprehensive asset management plan for Middlesex Centre;

AND FURTHER THAT Council is committed to address the municipal data gaps, strengthen the asset management plan and program, and continue to use the asset management plan as a tool to make informed decisions in addressing and funding infrastructure challenges;

AND FURTHER THAT staff report back to Council with an update on the progress made with regards to the Municipality’s Corporate Asset Management Program as outlined in the report.

 

8.7                PWE- 16-2019 - Interdepartmental Vehicle Transfer

R2019  THAT one (1) 2018 Chevrolet Bolt LT model all plug-in battery electric vehicle be transferred from the Municipality’s Water/Wastewater department to the Municipality’s Transportation Division.

AND FURTHER THAT the Municipality transfer one (1) 2016 Ford F-150 XLT Reg Cab from the Municipality’s Transportation department to the Municipality’s Water/Wastewater department

AND FURTHER THAT Public Works and Engineering adjust capital funding from Water/Wastewater and Transportation divisions with the transfer of vehicles.

AND FURTHER THAT the Municipality’s Transportation department add one (1) additional vehicle to its fleet, keeping the 2007 Ford Ranger in service in lieu of disposing said vehicle as per the 2019 budget.

 

8.8                PWE- 17-2019 - 2019 Tri-axle Truck Tender Results PWE 19-02

R2019-  THAT the purchase, supply and delivery of one (1) tri-axle truck complete with combination dump body including snow & ice removal equipment be awarded to the highest tender bid submission received from Team Truck Centres for $412,766.00(excluding HST) in accordance with the 2019 approved Capital Budget.

 

8.9                PLA-42-2019 - Application for a Zoning By-law Amendment ZBA-07-2019, Monteith Brown Planning Consultants (Jay McGuffin) on behalf of, Qutaiba Tawfic Medicine Professional Corporation; 6936 Egremont Drive (County Road 22)

The Agent on behalf of the Applicant has now asked that the application be deferred so that they can work with staff further.

 

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                A-09-2019, Kluwer, 163 Wellington Street

9.1.1      Planning Report PLA-36-2019

R2019-  THAT Minor Variance Application A-09-19, filed by Marty Kluwer for relief from the Comprehensive Zoning By-law’s maximum size for an accessory building, whereas the applicant is requesting a maximum size of 80.1 m² (862 ft²) for all accessory buildings on the subject property, whereas the Comprehensive Zoning By-law permits a maximum size of 46 m² (495 square feet) for all accessory buildings on the subject property, be granted subject to the following condition;

THAT the accessory building be constructed in the same general location as specified in the application submission.

AND FURTHER THAT the reasons for granting Minor Variance Application A-09-19 include:

 The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;

 The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;

 The request is minor in nature; and

 The request represents appropriate development on the subject property.

 

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-11-2019 – Clark – 6429 Bells Road

10.1.1                Planning Report PLA-37-2019

R2019- THAT THAT the Zoning By-law Amendment application, filed by Nicole Rogers, Gunn & Associates on behalf of Douglas Albert Clark and Kimberley Diane Clark, for the severed and retained lands of Consent B-21/18 in order to implement the severance of a surplus farm residence, be approved.

 

10.2           B-07-2019 – Mistretta – Plan 109 BLK 14 PT LOTS 3, 4, 5

10.2.1 Planning Report PLA-38-2019

R2019- THAT Consent Application B-07/19, filed by Leonardo Mistretta in order to sever a residential lot from a 2,553 square metre (0.63 ac) residential property in order to create a new residential lot for the purpose of constructing one single detached dwelling on the severed and retained lot. The lot to be severed is proposed to have a frontage of approximately 17.05 metres (55.9 feet), a depth of 34.64 metres (113.6 feet) and an area of 590.59 metres squared (0.15 acres); from a property legally described as Plan 109 BLK 14 Parts 3, 4, and 5, (geographic Township of Lobo), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-07/19 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 this consent 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 any outstanding property taxes for the severed and retained lots of Consent B-07/19 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, servicing, all to the satisfaction of the Municipality.

8. That upon Condition 7 of Consent B-07/19 being satisfied, the owner shall install separate water and wastewater service connections for the severed and retained parcels of Consent B-07/19, and that these connections be installed to the satisfaction of the Municipality’s Public Works and Engineering Department.

9. That the Owner submits a Storm Water Management Report of the satisfaction of the Municipality.

10.That the Owner submits a lot grading plan for the severed and retained lands, to the satisfaction of the Municipality

11.That the Owner pay a $1,000 cash-in-lieu of parkland dedication to the Municipality for the severed parcel of Consent B-07/19.

12.That the Owner apply for a Zoning By-law Amendment for the severed and retained lands and that this By-law be in full force and effect.

AND FURTHER THAT the reasons for granting Consent application B-07/19 include:

         The proposal is consistent with the Provincial Policy Statement;

         The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and

         Subject to the conditions, the proposal complies with the Middlesex Centre Comprehensive Zoning By-law.

 

10.3           B-08-2019 & B-09-2019 – Snyder – 152 Ontario Ave.

10.3.1 Planning Report PLA-39-2019

R2019- THAT Consent Applications B-08/19 and B-09/19, filed by Bryan Snyder on behalf of Dawna Snyder in order to sever two residential lots from a 2,553 square metre (0.63 ac) residential property in order to facilitate the construction of a single-detached dwelling on each of the severed lots. The lots proposed to be severed would have a frontage of approximately 18.29 metres (60 feet) along Queen Street, a depth of 36.58 metres (120 feet) and an area of approximately 669 square metres (0.17 acres). The lot proposed to be retained contains a single detached-dwelling and shed, known municipally as 152 Ontario Avenue. The lot proposed to be retained would have a lot frontage of 34.75 metres (114 feet), and an area of approximately 1,215 square metres (0.3 acres); property is legally described as Part of Lot 5, Concession 2 (geographic Township of Lobo), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-08/19 and B09/19 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-08/19 and B-09/19 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 any outstanding property taxes for the severed and retained lots of Consent B-08/19 and B-09/19 be paid in full.

7. That the transfers for the subject applications be registered concurrently by the Owner’s solicitor.

8. That the owner enter into a Development Agreement with the Municipality, and that the Agreement be registered against the title of the subject land, which addresses among other matters, entrance locations and construction, lot grading and drainage, building envelopes, fire hydrant location, connections to the Municipal water supply and sanitary sewer systems, a financial contribution to the future upgrading of Queen Street to a full urban standard and a security deposit for 100% of the cost of the works as well as any road reconstruction associated with the development, all to the satisfaction of the Municipality.

9. That upon Condition 8 of Consents B-08/19 and B-09/19 being satisfied, the owner shall install separate water and wastewater service connections to the severed parcels of Consents B-08/19 and B-09/19, and that these connections be installed to the satisfaction of the Municipality’s Public Works and Engineering Department. The Owner’s engineer shall provide confirmation on whether or not an ECA is required.

10.That the Owner submits a Storm Water Management Report of the satisfaction of the Municipality.

11.That the Owner submits a lot grading plan for the severed and retained lands, to the satisfaction of the Municipality

12.That the owner facilitate the undertaking of a geotechnical report by a qualified engineer to ensure that the soil conditions of the severed parcels of Consents B-08/19 and B-09/19 can support the footings of new buildings and that the said geotechnical report provide details regarding maximum basement depths to be permitted on the lots. The geotechnical report is to be to the satisfaction of the Municipality and the Upper Thames River Conservation Authority.

13.That the owner provide confirmation that the existing shed on the retained parcel of Consents B-08/19 and B-09/19 is in conformity with Middlesex Centre’s Comprehensive Zoning By-law 2005-005 and is located a minimum of 1.5 metres from the new lot line.

14.That the owner, in consultation with CN Railway, register a noise easement against the title of the severed parcels of Consents B-08/19 and B09/19 and that the said easement be to the satisfaction of CN Railway.

15.That the owner pay a $2,000 cash-in-lieu of parkland dedication to the Municipality.

16.That the Owners pay to the Municipality $13,125 for the purposes of funding 50% of the future road reconstruction costs of Queen Street to an urban standard along the frontage of the severed lot of Consent B-08/19 and B-09/19, inclusive of curbs, sidewalks and road re-construction.

AND FURTHER THAT the reasons for granting Consent application B-08/19 and B09/19 include:

 The proposal is consistent with the Provincial Policy Statement;

 The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and

 Subject to the conditions, the proposal complies with the Middlesex Centre Comprehensive Zoning By-law.

 

10.4           B-10-2019 Martens – 16097 Fifteen Mile Rd.

10.4.1 Planning Report PLA-40-2019

R2019- THAT Consent Application B-10/19, filed by Joe Martens in order to sever a surplus farm residence on a lot with a frontage of approximately 56.39 metres (185 ft) along Fifteen Mile Road and an area of approximately 0.38 hectares (0.94 ac) from a farm holding with a lot area of approximately 40 hectares (100 ac), from a property legally described as Part of Lot 2, Concession 14 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-10/19 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 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 the subject consent 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-10/19 and prohibits new dwellings on the retained lot of Consent B-10/19 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 normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced. 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-10/19 be paid in full.
  2.           That the Owner relocate and/or drill a new well on the proposed severed parcel in order to ensure that the private well is wholly contained on the severed parcel to the satisfaction of the Municipality.

FURTHER THAT the reasons for granting Consent Application B-10/19 include:

 

10.5           B-11-2019 – Martendale Holsteins Inc. – 15575 Fourteen Mile Rd.

10.5.1 Planning Report PLA-41-2019

R2019-  THAT Consent Application B-11-19, filed by Martendale Holsteins Inc. in order to sever a lot with a frontage of approximately 53 metres (173.9 ft) along Fourteen Mile Road and an area of approximately 0.4 hectares (0.99 ac) from a farm holding with a lot area of approximately 4 hectares (99 acres), from a property legally described as Part of Lot 6, Concession 13 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-11-19 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 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-11-19 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.
  1. That a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-11/19 and prohibits new dwellings on the retained lot of Consent B-11-19 be in full force and effect.
  2. That the Owner enter into a severance agreement with the Municipality in order to advise future owners of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended or replaced. 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-11/19 be paid in full.
  2. That the Owner remove the existing barn from the property to the satisfaction of the Municipality.

FURTHER THAT the reasons for granting Consent Application B-11/19 include:

 

10.6           Removal of Holding Provision – Loghill Enterprises Inc. - 23170 Nairn Road (County Road 17) and 6403 Egremont (County Road 22)

10.6.1                Planning Report PLA-43-2019

R2019- THAT the request by Kirkness Consulting Inc. (Laverne Kirkness), on behalf of Loghill Enterprises Inc. to remove the (H) holding provision from the zoning of the land containing Loghill Enterprises (Dairy Lane) be approved.

 

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

11.0        NOTICE OF MOTION

12.0        CORRESPONDENCE

12.1           Association of Ontario Road Supervisors – RE Greg Vanderydt

12.2           Association of Ontario Road Supervisors – RE Lee Smith

12.3           Association of Ontario Road Supervisors – RE Michael McDougall

12.4           Association of Ontario Road Supervisors – RE Ryan Johnston

12.5           Ausable Bayfield Conservation – May 22, 2019 Meeting Agenda

12.6           Cheryl Gallant M.P. – Correspondence RE; Bill C-68

12.7           Hanover – Resolution – Cuts to Ontario Library Services

12.8           Kettle Creek Conservation Authority – Request for deferral of Schedule 2 of Bill 108

12.9           Kettle Creek Conservation Authority (2) – Review of ERO Postings

12.10       Health Canada - Re: Illegal Marketing of Infrared Saunas to Fire Departments with False Cancer Prevention Claims

12.11       Office of the Regional Chair - Overview of Health System Transformation - A Region of Peel Perspective

12.12       Town of Aurora– Resolution RE:  Response to Bill 108, More Homes, More Choice Act

12.13       Town of Petrolia– Resolution RE: Combined OGRA/ROMA Conference

12.14       OPP – Update and call for comment

12.15       Township of Essa– Support of Essa Public Library Board Initiative

12.16       St. Clair Conservation - 2018 Annual Report

12.17       Ministry of the Environment, Conservation and Parks- Updated “Taking Care of Your Drinking Water” Guide now available

12.18       Township of McKellar - Resolution RE: Cuts to Library Services

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 12.1 through to 12.18 as information.

13.0        COUNTY COUNCIL UPDATE

14.0        OTHER BUSINESS

15.0        BY-LAWS

15.1           By-Law 2019-061 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Part of Lot 20, Concession 2 (geographic Township of Delaware), Municipality of Middlesex Centre, Roll Number: 393901904004150 (ZBA-11-2019 – Clark – 6429 Bells Road)

15.2           By-Law 2019-062 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to part of lot 13, Concession 4 North, (Geographic Township of Lobo) (Holding Provision 23170 - Nairn Road and 6403 Egremont )

15.3           By-Law 2019-063 - To authorize the execution of an agreement between the County of Middlesex and the Municipality of Middlesex Centre to allow for the Play it Forward Financial Assistance Program

15.4      By-Law 2019-064 - To authorize the execution of a Lease agreement between the Municipality of Middlesex Centre and The Perth Care for Kids (40 Heritage Drive, Ilderton)

15.5      By-Law 2019-065 - To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on May 22, 2019

R2019- THAT By-Laws 2019-061 through to 2019-065 inclusive be approved, passed and adopted.

16.0        ADJOURNMENT

R2019- THAT the Council for the Municipality of Middlesex Centre adjourns the May 22, 2019 Regular Council meeting at ___________ p.m.