MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, JULY 17, 2019 5:00 PM
Middlesex Centre Municipal Office
 

 

AGENDA

The Municipal Council of the Municipality of Middlesex Centre will meet on July 17, 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               DISCLOSURE OF PECUNIARY INTEREST

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.

3.0               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:

3.1        Section 239 (2) (b) personal matters about an identifiable individual

3.2        Four Items under Section 239 (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 at _______ p.m.

4.0             COURT OF REVISION 6:00 P.M.

4.1             The Martin Road Development Drain

Strik Baldinelli Moniz – Martin Drain Development Drain, Engineer's Report

4.1.1      Call to Order

R2019-  THAT the July 17, 2019 regular meeting of Council recess for Court of Revision with the members being Mayor DeViet, Councillor Silva and Councillor Shipley.

4.1.2      Order of Appeals

4.1.3      Appellants Present their Case

4.1.4      Questions from Members

4.1.5      Deliberations of the Court of Revision (if required)

4.1.6      Court of Revision Decision

R2019- That the Middlesex Centre Court of Revision for the Martin Road Development Municipal Drain, approves the Schedule of Assessments adopted by By-Law No. 2019-072 and drainage works as outlined in the report dated June 5, 2019 prepared by Strik, Baldinelli, Moniz Ltd.

4.1.7      Court of Revision Adjournment

R2019-  THAT the Court of Revision is hereby closed and that the July 17, 2019 regular meeting of Council reconvene.

5.0             DELEGATIONS, PRESENTATIONS & PETITIONS

5.1                Dr. Jessica Howard & Dr. Legar - Middlesex Centre Regional Medical Centre – Property Taxes

R2019-

5.2                Brendan Wraith – Lucan-Ilderton Minor Baseball Association

Rudy Godwin - Field Designation Letter of Request

R2019-  THAT Council for the Municipality of Middlesex Centre approves the request from Brendan Wraith on behalf of the Lucan- Ilderton Minor Baseball to designate Ilderton #1 Diamond at Heritage Park as The Rudy Godwin Field.

6.0               ADDITIONS TO THE AGENDA

7.0             ADOPTION OF THE MINUTES

7.1                June 19, 2019

R2019- THAT the minutes of the June 19, 2019 meeting of Council be adopted as printed.

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                BLD-11-2019 – June 2019 Building Report

8.2                CPS-54-2019 – 2020 Budget Process

8.3                CPS-56-2019 - Budget to Actual June 2019

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Consent Agenda items 8.1 through 8.3 as information.

9.0             STAFF REPORTS

9.1                CMS-07-2019 - 2019 Community Improvement Plan (CIP)

R2019- THAT Council adopts the recommendations of the Ilderton Community Improvement Program Evaluation Committee for the approved projects:

 

9.2                CMS-08-2019 - Poplar Hill & Heritage Park – Playground Equipment RFP Results

R2019- THAT the supply of Playground Equipment at Poplar Hill Park be awarded to Henderson Recreation Equipment Ltd. with a total cost of $74,842.76 (excluding HST).

FURTHER THAT the supply of Playground Equipment at Heritage Park be awarded to New World Park Solutions (Playworld) with a total cost of $54,504.00 (excluding HST).

 

9.3                CPS-53-2019 – Amendment to By-Law 2018-028

R2019- THAT municipal staff be directed to complete the repair of the driveway at 46 Woodlily Lane in Ilderton;

AND THAT Council consider amending By-Law 2018-028

 

9.4                CPS-55-2019Council Involvement Budget 2020

R2019- THAT ____________ be appointed to the budget committee for the 2020 budget and join municipal staff during budget discussions during September, October and November 2019.

 

9.5                CPS-57-2019 - Fire Prevention & Training Officer

R2019-  THAT staff proceed with hiring a Fire Prevention & Training Officer;

AND FURTHER THAT staff work with the Municipality of North Middlesex on the development of a service contract where the Municipality of Middlesex Centre provides fire prevention and investigation services to the Municipality of North Middlesex;

AND FURTHER THAT staff work with the Municipality of Strathroy on the development of a service contract where the Municipalities provide reciprocal fire investigation support to one another.

 

9.6                CPS-58-2019 - Amendments to the 2019 Melrose Water System Annual Report

R2019- THAT the amendments to the 2018 Annual Performance & Summary Report for the Melrose Water Treatment Plant be endorsed and accepted.

 

9.7                FS-06-2019 - Fire Fighting Gear Storage Rack Replacement Project

R2019- THAT Council approve the purchase of an additional 2 firefighting gear storage rack sections.

 

9.8                PWE-23-2019 - PWE 17-05 Delaware Road Reconstruction – Hydro One Invoice

R2019- THAT Council approve a 2019 capital project account to pay the costs associated with an invoice Hydro One submitted on June 7th, 2019 for the works performed in 2017 for PWE 17-05 Delaware Road Reconstruction in the amount of $81,056.96 (excluding HST).

10.0           PUBLIC MEETINGS 7:00 PM

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           39T-MC1902, OPA 45, ZBA-14-19 Brantam Developments Inc.- Renwick Estates

10.1.1                Planning Report - PLA-55-2019

R2019 -  THAT Report PLA-55-2019 be received for information.

 

10.2      B-15-19 – Jacob Tayler & Paula McFarlane – 15263 Twelve Mile Rd.

10.2.1                Planning Report - PLA-50-2019

R2019- THAT Consent Applications B-15-19, filed by Jacob Tayler and Paula McFarlane in order to sever a lot with a frontage of approximately 40.28 metres (132.15 feet) and an area of 4200.9 m² (1.03 acres) from a property that has a frontage of 80.3 metres (263.45 feet) and an area of 8,319 m² (2.08 ac), from a property legally described as Part Lot 9, Concession 11 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-15/19 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-15-19 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, if necessary, a revised assessment scheduled in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owners.

7)  That the transfers for the Consent B-15-19 be registered concurrently by the Owner’s solicitor.

8)  That any outstanding property taxes for the severed and retained lots of Consent B-15-19 be paid in full.

9)  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.

10)              Upon fulfill of condition #10, the owner shall install the private well for the severed lot of Consent B-15-19 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.

11)        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.

12)        That the Owners provide $1,000 cash-in-lieu of parkland dedication for each of the severed lot of Consents B-15-19 in accordance with the Municipality’s Fees and Charges By-law.

13)        That the Owner complete a Storm Water Management Report to the satisfaction of the Municipality and the Conservation Authority.

14)        That the Owner complete a Groundwater Impact Assessment Report to the satisfaction of the Municipality.

AND FURTHER THAT the reasons for granting Consent application B-15-19 include:

R2019- THAT Consent Application B-16-19, filed by Kathleen Liddell, on behalf of Larry and Kelly Liddell in order to sever a surplus farm residence on a lot with a frontage of approximately 79.94 metres (262.27 ft) along Thirteen Mile Road and an area of approximately 0.72 hectares (1.79 ac) from a farm holding with a lot area of approximately 40.2 hectares (99.35 ac).from a property legally described as Part of Lot 22, Concession 12 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-16-19 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 met.

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-16-19 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 the Owners enter into a severance agreement with the Municipality in order to advise future owners of the severed lot of Consent B-16-19 of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended.

7)        That any outstanding property taxes for the severed and retained lots of Consent B-16-19 be paid in full.

8)        That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.

9)        That a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-16-19 and prohibits new dwellings on the retained lot of Consent B-16-19 while recognizing its reduced lot area be in full force and effect.

10)    That the Owner provide confirmation that the private sewage disposal system that services the residence on the severed lot of Consent B-16-19 is wholly contained on the said lot and that this be to the satisfaction of the Municipality.

11)    That the Owner remove the northerly storage building from the land and ensure that all appropriate permits are obtained from the Municipality’s Building Division prior to the removal.

12)    That the Owner remove the silo from the land and ensure that all appropriate permits are obtained from the Municipality’s Building Division prior to the removal.

13)             That the total size of all accessory buildings on the severed lot of Consent B-16/19 not exceed 171.5 square metres. The removal of any buildings, or portions thereof, from the land shall be subject to the permitting processes of the Municipality’s Building Division; including the payment of fees.

14)    That the Owner remove all of the construction materials, vehicle parts and debris from the severed and retained lots of Consent B-16-19.

FURTHER THAT the reasons for granting Consent Application B-16-19 include:

 

10.4           B-17-19 – VanGorp – 23830 Denfield Road

10.4.1           Planning Report - PLA-52-2019

R2019- THAT Consent Application B-17/19, filed by Cinda Van Gorp in order to sever and convey as a lot addition a 0.23 hectare (0.58 acres) parcel of land to an existing residential property known municipally as 23814 Denfield Road; from a property legally described as Part of Lot 28, Concession 15 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-17-19 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.

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-17/19and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.

4)       That the severed parcel of Consent B-17-19 be registered in the same name and title as the adjacent property to the south, known municipally as 23814 Denfield Road and legally described as Part of Lot 28, Concession 15 (geographic Township of London); that the two holdings’ PINs be consolidated; and that Sections 50(3) and 50(5) of the Planning Act apply to any future conveyance of the said severed parcel.

5)       That the Owner dedicate lands up to 18 m from the centerline of construction of County Road 20 (Denfield Road) across both the severed and retained parcels to the County of Middlesex for the purposes of road widening if the rightofway is not already to that width.

6)       That, if necessary, a revised assessment scheduled in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owners.

7)       That the Owner confirm the septic system will be wholly contained within the retained parcel to the satisfaction of the Municipality.

AND FURTHER THAT the reasons for granting Consent Application B-17-19 include:

R2019- THAT Consent Application B-18-19, filed by Penny Crossan, on behalf of David Kenneth Crossan in order to sever a lot with a frontage of approximately 66.7 metres (218.8 ft) along McEwen Drive and an area of approximately 0.60 hectares (1.5 ac) from a farm holding with a lot area of approximately 40.47 hectares (100 acres), from a property known as Part of Lot 6, Concession 12 (geographic Township of Lobo), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-18-19 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-18/19 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.

7)                  That a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-18/19 and prohibits new dwellings on the retained lot of Consent B-18/19 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.

9)                  That any outstanding property taxes for the severed and retained lots of Consents B-18-19 be paid in full.

10)             That the Owner confirm that the existing house is habitable to the satisfaction of the Municipality.

11)             That the lean-to on the subject property be removed to the satisfaction of the Municipality.

FURTHER THAT the reasons for granting Consent Application B-18/19 include:

 

10.6           B-19-19 & B-20-19 – D’Agostino – 112 Harris Road

10.6.1           Planning Report - PLA-54-2019

R2019- THAT consent applications B-19/19 and B-20/19, filed by Elizabeth Cormier, on behalf of Maurice D’Agostino in order to sever two new residential lots for the purpose of constructing one single detached dwelling on each. The severed lots are proposed to have a frontage of approximately 26 m (85.3 ft) with an area of approximately 1365 m² (0.34 ac). The retained parcel is proposed to have a frontage of approximately 32.52 m (106.7 ft) with an area of 2.5 ha (6.2 ac); on a property legally described as Plan 305, Part Lots 4 and 5 (geographic Township of Delaware), Municipality of Middlesex Centre; be granted.

FURTHER THAT consent applications B-19-19 and B-20-19 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 Consent and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.

4)                  That the Owners’ 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 Owners’ 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 any outstanding property taxes for the severed and retained lots of Consent B-19/19 and B-20/19 be paid in full.

7)                  That the Owner and the Municipality enter into a Development Agreement pursuant to the Planning Act to be registered on title of the land to which it applies. That the Development Agreement between the Owner and the Municipality shall satisfy all requirements of the Municipality related to financial, legal, planning and engineering matters including but not limited to the design of the development in accordance with the Municipality's Urban Design Guidelines; provision of a detailed grading plan which depicts proposed surface elevations, drainage plans and suitable locations for building envelopes, sewage systems and 100 percent contingency areas; upgrading of roads; planting of trees; landscaping; street lighting and other amenities; the provision and installation of municipal water services; and the installation of underground utilities and other matters of the Municipality respecting the development of this land including the payment of development charges in accordance with the Municipality’s Development Charges By-laws.

8)                  Upon fulfill of condition #7 and prior to consent being given, the owner shall install the municipal services of Consents B-19/19 and B-20/19 and that this be done by obtaining all the appropriate permits, paying all of the appropriate fees and be to the satisfaction of Middlesex and Middlesex Centre.

9)                  That the Owner shall make arrangements to the satisfaction of the Municipality for the relocation of any utilities required by the development of the subject land and that the said relocations be undertaken at the expense of the Owner.

10)             That the Owner shall submit for the review and approval of the Municipality a Final Stormwater Management Plan, a Sediment and Erosion Control Plan and Final Detailed Servicing and Grading Plans. During all phases of construction, the Owner shall implement sediment and erosion control measures to the satisfaction of the Municipality.

11)             That the Owner shall have a groundwater impact assessment undertaken by a qualified person to the satisfaction of the Municipality with all costs borne by the Owner.

12)             That the Owner provide a $1,000 in cash-in-lieu for each severed lot for parkland dedication to the Municipality pursuant to the Planning Act, for the severed lots.

13)             That the Owner confirm that the existing septic system be wholly contained on the 3 retained parcel to the satisfaction of the Municipality.

14)             That any existing wells on the subject property be decommissioned to the satisfaction of the Municipality.

15)             That the Owner be required to pay to the Municipality $14,537.50 for future road upgrades, inclusive of street lights, sidewalks and curbs.

16)             That the Owner dedicate land up to 10 metres from the centerline of construction of Harris Road along the severed and retained lots to the Municipality 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 Applications B-19/19 and B-20/19 include:

 

10.7           ZBA-15-19 Caines – 2708 Gideon Drive

10.7.1           Planning Report PLA-56-2019

R2019- THAT Zoning By-law Amendment Application ZBA-15-19, filed by Chad Caines, which proposes to rezone the subject property from the Institutional (I) zone to the Community Residential First Density (CR1) zone in order to facilitate the conversion of an existing church building into a residential dwelling unit, for a property located at 2708 Gideon Drive be approved.

 

R2019- R2019- THAT Council do now Close the Public meeting and resume the regular meeting of Council at _____pm

11.0        NOTICE OF MOTION

12.0        CORRESPONDENCE

12.1           Lower Thames Valley Conservation Authority – Media Release – Twilight Tuesdays at Longwoods

12.2           Lower Thames Conservation – Media Release Our Local Species at Risk

12.3           Lower Thames Conservation Minutes – Board of Directors Meeting Minutes June 27, 2019

12.4           Margaret Allen – Request for increased enforcement on house hold felines

12.5           Hamilton – Restructuring of Modernizing of local Public Health

12.6           AMO Policy Update – Provincial Cabinet Shuffle

12.7           Township of Warwick – Resolution RE: Enforcement for Safety on Family Farms

12.8           SCOR – Minutes if Board of Directors, January 31, 2019 & Staff Report

12.9           St. Catharines - Resolution RE Free Menstrual Products at City Facilities

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 12.1 through to 12.9 as information.

13.0        COUNTY COUNCIL UPDATE

14.0        OTHER BUSINESS

15.0        BY-LAWS

15.1             By-Law 2019-073 - To establish development charges

Middlesex Centre 2019 DC Addendum 

15.2             By-Law 2019-074 - To amend by-law 2018-028 to provide for the regulation of water supply in the Municipality of Middlesex Centre

15.3           By-Law 2019-075 - To appoint a Deputy Clerk for the municipality of Middlesex Centre (Michael DiLullo)

15.4           By-Law 2019-076 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with re Township of Delaware), Roll number: 393901902109800 (ZBA-15-2019, 2708 Gideon Drive)

15.5           By-Law 2019-077 - To dedicate 0.3 m (1 foot) Reserve Blocks for public purposes (Block 158 of Plan 33M-339 within the Kilworth Residential Development and Block 37 of Plan 33M-454 within the Rivers Edge Subdivision)

15.6           By-Law 2019-078 - to adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on July 17, 2019

R2019- THAT By-Laws 2019-073 through to 2019-078 inclusive be approved passed and adopted.

16.0           ADJOURNMENT

R2019- THAT the Council for the Municipality of Middlesex Centre adjourns the July 17, 2019 Regular Council meeting at ___________ p.m.