MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, AUGUST 14, 2019 5:00 PM
Middlesex Centre Municipal Office
 

 

AGENDA

The Municipal Council of the Municipality of Middlesex Centre will meet on August 14, 2019 at 5:00 pm.

1.0             CALL TO ORDER

Mayor DeViet to call the meeting to order at 5:00 pm.

2.0             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.

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

3.2        Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

3.3        Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

3.4        Section 239 (2) (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

3.5        Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees;

3.6        Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees.

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

4.0             ADDITIONS TO THE AGENDA

5.0             ADOPTION OF THE MINUTES

The July 17, 2019 minutes will be included on the next Council agenda for adoption

6.0             DELEGATIONS, PRESENTATIONS & PETITIONS

None

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-12-2019 – July 2019 Building Report

7.2                CMS-11-2019 – Pete’s Sports – Lease Agreement

7.3                CMS-12-2019Whitehills Childcare - Lease Agreement

7.4                CMS-13-2019 – Wellness Centre - Fire Alarm System – Emergency Repairs

7.5                CPS-62-2019 – Animal Control Costs 2020

7.6                CPS-64-2019 – Budget to Actual July 2019

7.7                CPS-65-2019 – Water Payment Plan Report

7.8                PWE-24-2019 - Bear Creek Municipal Drain Branch 6 Improvement

7.9                PWE-25-2019 - Needham Municipal Drain Improvement

7.10           PWE-26-2019Reig Municipal Drain Branch A Improvement

R2019- THAT the Council for the Municipality of Middlesex Centre receives and approves the Consent Agenda items 7.1 through 7.10.

8.0             STAFF REPORTS

8.1                CMS-10-2019 - Community Services Snow Plow Cost Comparison: In-House vs Outsourced

R2019- THAT the Community Services Department continue to provide Snow Plowing Services to various municipal parking lots.

 

8.2                CPS-61-2019 - Medical Centre Request for Write Off of Taxes

R2019- THAT staff is directed to write a letter to the chair of the medical centre board that the request for a write off of past property taxes was denied;

AND THAT council approves removing the green roof at the medical centre at the request of the doctors at a cost to the Municipality of $5,400 plus HST;

AND FURTHER THAT council directs staff with the assistance of legal counsel to negotiate a new lease for the medical centre and pharmacy;

AND FURTHER THAT Council supports staff to work with legal counsel and proceed with an appeal to the superior court;

AND FURTHER THAT Council will review and support a change to the structure of the medical centre board as proposed and recommended by the medical centre board.

 

8.3                CPS-63-2019 - Fire Prevention & Training Officer Service Agreement

R2019- THAT the fire prevention and training officer service agreement is approved;

AND THAT the Mayor and Chief Administrative Officer be authorized to sign after the fire prevention & training officer is hired.

 

9.0             PLANNING PUBLIC MEETINGS 7:00 P.M.

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:

9.1 B-21-19 – Urbshott – 22524 Vanneck Road

9.2 B-22-19 & ZBA-16-19 – Moir- 15675 Nine Mile Rd.

9.3 ZBA-19-19 - HaskettHasket Funeral Homes – 21574 Richmond St.

9.4 ZBA-18-19 - Viramontes – 4847 Bells Road - Temporary Use

9.5 ZBA-17-19 – Loghill Enterprises London Inc. – 23152 Nairn Rd.

9.6 OPA46 & ZBA-20-19 - 1571145 Ontario Ltd.(Powell) – 22447 Komoka Rd.

 

9.1        B-21-19 – Urbshott – 22524 Vanneck Road

9.1.1 Planning ReportPLA-58-2019

R2019- THAT Consent Application B-21-19, filed by Brian Keith Urbshott, on behalf of John Guy Keith Urbshott in order to sever a surplus farm residence on a lot with a frontage of approximately 86.86 metres (284.97 ft) along Vanneck Road and an area of approximately 0.72 hectares (1.79 ac) from a farm holding with a lot area of approximately 27.94 hectares (69.04 ac) from a property legally described as Concession 10, South Part Lot 32, (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-21-19 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-21/19 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-21/19 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-21/19 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-21/19 and prohibits new dwellings on the retained lot of Consent B-21/19 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-21/19 is wholly contained on the said lot and that this be to the satisfaction of the Municipality.

11. That the Owner be required to remove the existing entrance to the accessory building to the satisfaction of the Municipality.

FURTHER THAT the reasons for granting Consent Application B-21/19 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 would comply with the Middlesex Centre Comprehensive Zoning By-law.

 

9.2        B-22-19 & ZBA-16-19 – Moir- 15675 Nine Mile Rd.

9.2.1 Planning ReportPLA-57-2019

R2019- THAT consent application B-22-19, filed by Walter Gerard Moir and Michael Robert Moir in order to sever a surplus farm residence on a lot with a frontage of 80 metres (262.5 feet) along Nine Mile Road and an area of 0.48 hectares (1.18 acres); from a property legally described as Part Lot 5, Concession 8 (geographic Township of London), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-22/19 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-22-19 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
  4. That the Owner’s solicitor submits an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision.
  5. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.
  6. That a Zoning By-law Amendment that recognizes the residential use of the severed lot of Consent B-22-19 and prohibits new dwellings on the retained lot of Consent B-22-19 be in full force and effect.
  7. That the Owners enter into a severance agreement with the Municipality in order to advise future owners of the severed lot of Consent B-22/19 of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended.
  8. That any outstanding property taxes for the severed and retained lots of Consents B-22-19 be paid in full.
  9. 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.
  10. That the residence is deemed habitable by the Chief Building Official.

FURTHER THAT the reasons for granting Consent Application B-22-19 include:

 

9.3        ZBA-19-19 - HaskettHaskett Funeral Homes – 21574 Richmond St.

9.3.1 Planning ReportPLA-61-2019

R2019- THAT the Zoning By-law Amendment application ZBA-19-19, filed by Colin HaskettHaskett Funeral Homes Ltd. to re-zone the subject property from Village Commercial (C1) to Site Specific Village Commercial (C1-19) zone in order to permit an additional use, being a funeral establishment without a chapel, for a property located at 21574 Richmond Street be approved.

 

9.4        ZBA-18-19 - Viramontes – 4847 Bells Road - Temporary Use

9.4.1 Planning ReportPLA-59-2019

R2019- R2019- THAT the Temporary Use By-law, requested by Connie Viramontes and Jennifer Viramontes 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 FURTHER THAT the Owners be required to enter into a Temporary Use Agreement with the Municipality to ensure that the removal of the original single-detached dwelling occurs.

 

9.5        ZBA-17-19 – Loghill Enterprises London Inc., Agent: Kirkness Consulting Inc. – 23152 Nairn Rd.

9.5.1 Planning ReportPLA-60-2019

R2019- THAT Zoning By-law Amendment application, filed by Loghill Enterprises to re-zone a rural residential lot from Agricultural (A1) to Site Specific General Industrial (M2-5) in order to permit open storage as an accessory use for the abutting industrial use (Dairy Lane) located at 6403 Egremont Drive., be amended to add a Holding Symbol on the property in order to ensure that the owner amends their Site Plan agreement with the Municipality, as well as ensure that the two properties merge on title, be approved.

 

9.6        OPA 46 & ZBA-20-19 - 1571145 Ontario Ltd. (Powell) – 22447 Komoka Rd.

9.6.1 Planning ReportPLA-62-2019

R2019- THAT the Planning Report PLA-62-2019 be received for information.

 

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

10.0        NOTICE OF MOTION

Councillor Scott provided a the following Notice of motion to the Clerk

Moved by Councillor Scott; seconded by

R2019- THAT the Council for the Municipality of Middlesex Centre directs staff to bring back an information report along with a recommendation regarding the possible installation of yellow supervised school crossing signage at Longwoods and Springer/Victoria Streets in Delaware at the September 11, 2019 Council meeting for Council’s consideration.

11.0        CORRESPONDENCE

11.1           Township of Lucan Biddulph – Building Permit Report submitted by Arnie Marsman, Chief Building Official

11.2           Watson & Associates - Bill 108: Draft Regulations for the Development Charges Act and Planning Act

11.3           AMO - Policy Update : Blue Box Transition

11.4           Ausable Bayfield Conservation Board of Director’s Meeting Agenda, July 18, 2019 and Minutes of June 20, 2019

11.5           Ilderton Agricultural Society Ilderton Fair September 28-30, 2019

11.6           Lower Thames Conservation Media Release – Learn to Fish Workshops

11.7           Ministry of Municipal Affairs and Housing – RE: Provincial Policy Statement Review – Draft Policies

11.8           Oxford County Resolution RE: the Regional Government Review

11.9           City of Stratford Resolution RE: Opposition to Changes in 2019 Provincial Budget and Planning Act

11.10       Town of Halton Hills Resolution RE: Call to review and implement a deposit program for single use plastic, aluminum and metal drink containers

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 11.1 through to 11.10 as information.

12.0        COUNTY COUNCIL UPDATE

13.0        OTHER BUSINESS

14.0        BY-LAWS

14.1      By-Law 2019-072 - To provide drainage works to be known as reconstruction of the Martin Road Development Drain (3rd Reading)

14.2      By-Law 2019-079 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Part of Lot 1, Plan 85 (geographic Township of London), Municipality of Middlesex Centre. Roll number: 393903405002100 (ZBA-19-19 - Haskett Funeral Homes – 21574 Richmond St.)

14.3      By-Law 2019-080 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Part of Lot 13, Concession 4 (geographic Township of Lobo), Municipality of Middlesex Centre, Roll number: 393900001010200 (ZBA-17-19 - Loghill Enterprises London Inc. – 23152 Nairn Rd.)

14.4      By-Law 2019-081 - To amend the Middlesex center comprehensive zoning by-law number 2005-005 with respect to Part of Lot 12, Concession 2 (geographic Township of Delaware), Municipality of Middlesex Centre, roll number: 393901903006302 (ZBA-18-19 - Viramontes – 4847 Bells Road - Temporary Use)

14.5      By-Law 2019-082 - To authorize the execution of a Temporary Use Agreement between Connie Viramontes and Jennifer Viramontes (the Owner) and the Municipality of Middlesex Centre (ZBA-18-19 - 4847 Bells Rd.)

14.6      By-Law 2019-083 - To authorize the execution of a lease agreement between the Municipality of Middlesex Centre and Whitehills Childcare Association (Ilderton Arena)

14.7      By-Law 2019-084 - To authorize the execution of a lease agreement between the Municipality of Middlesex Centre and Pete’s Sports (Pro-Shop at Komoka Wellness Centre)

14.8      By-Law 2019-085 - To dedicate 0.3 m (1 foot) Reserve Blocks for public purposes (Block 63, Plan 33M705 within the Timberwalk Phase 1 Development)

14.9      By-Law 2019-086 - To approve and ratify a Site Plan Control Agreement between 1364955 Ontario Inc. (the Owner), and The Municipality of Middlesex Centre (the Municipality) for land described as Part of Lot 26, Concession 10, Geographic Township of London, Municipality of Middlesex Centre (Kevlar Rentals)

14.10  By-Law 2019-087 - To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on August 14, 2019

R2019- THAT By-Law 2019-072 and By-Laws 2019-079 through to 2019-087 inclusive be approved passed and adopted.

15.0        ADJOURNMENT

R2019- THAT the Council for the Municipality of Middlesex Centre adjourns the August 14, 2019 Regular Council meeting at ___________ p.m.