MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, SEPTEMBER 25, 2019 4:45 PM
Middlesex Centre Municipal Office
 

 

AGENDA

 

The Municipal Council of the Municipality of Middlesex Centre will meet on September 25, 2019 at 4:45pm.

1.0             CALL TO ORDER

Mayor DeViet to call the meeting to order at 4:45 pm. Council will go directly into Closed Session.

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) (c) a proposed or pending acquisition or disposition of land by the municipality or local board.

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

5.1                September 11, 2019

R2019- THAT the minutes of the September 11, 2019 meeting of Council be adopted as printed.

6.0             DELEGATIONS, PRESENTATIONS & PETITIONS

6.1                Brenda Slater, Account Manager, Municipal and Stakeholder Relations - MPAC Presentation

Understanding MPAC and our role in the Property Assessment & Taxation System

R2019-  THAT the Council for the Municipality of Middlesex Centre receives the presentation from Brenda Slater, Account Manager, Municipal and Stakeholder Relations for MPAC entitled Understanding MPAC and our role in the Property Assessment & Taxation System as information.

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-14-2019 - August 2019 Building Report

7.2                CPS-66-2019 - Capital Budget to Actual

7.3                CPS-67-2019 - Budget to Actual August 2019

7.4                CPS-68-2019 - Budget Survey Results

7.5                CPS-69-2019 - Donation Policy and Procedures

7.6                CPS-70-2019 - Federal Gas Tax Additional Funding

7.7                Community Services Committee Minutes – August 12, 2019

7.8                PWE-30-2019 - Meadowcreek SWMF Cleanout Tender Results

7.9                PWE-31-2019 - Vandeborne Municipal Drain Petition

R2019- THAT the Council for the Municipality of Middlesex Centre receives and approves the Consent Agenda items 7.1 through to 7.9.

8.0             STAFF REPORTS

8.1                CAO-02-2019 - Human Resource Policy Amendments

R2019- THAT the human resource policy #3.03 Terms & Conditions of Employment – Hiring, be approved with the recommendations as outlined in Report CAO-02-2019.

 

8.2                CMS-14-2019 - Ice Resurfacer – Budget Pre-Approval

R2019- THAT the purchase of a new Ice Resurfacer for the Ilderton Arena in the amount of $92,950 plus HST be approved for the 2020 Budget year.

 

8.3                CMS-15-2019 - Poplar Hill Pavilion & Grandstand Rehabilitation Project – Pre-Approval

R2019- THAT the Poplar Hill Pavilion & Grandstand Rehabilitation Project in the amount of $140,000 be approved for the 2020 Budget year.

 

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-14-2019 – Condon - 75 Caverhill Cres.

9.1.1      Planning ReportPLA-64-2019

R2019- THAT Minor Variance application A-14-19, filed by Bob Condon for relief from the encroachment provisions in Section 4.30a) (vi) to facilitate the construction of a covered deck to be attached to the existing dwelling, whereas the owner is requesting to encroach 2 metres (6.7 feet) into the required rear yard setback, whereas the Comprehensive Zoning By-law only permits a rear yard encroachment of 1.5 metres (4.9 feet), be granted.

AND FURTHER THAT the reasons for granting Minor Variance Application A-14-19 include:

 

9.2                A-15-2019 – Bollinher – 23550 Highbury Ave. N.

9.2.1      Planning ReportPLA-63-2019

R2019- THAT Minor Variance application A-15-19, filed by Alex Bollinher for relief from the Middlesex Centre Comprehensive Zoning By-law 2005-005 as it relates to the location of an accessory building and maximum floor area for an accessory building in an Agricultural (A1) zone, whereas the applicant is requesting an accessory building to be located in the front yard, with an increase in floor area of 54 square metres (581.25 square feet), whereas the Comprehensive Zoning By-law does not permit accessory buildings in the front yard and limits the floor area of accessory buildings to 165 square metres (1776.05 square feet) in the Agricultural (A1) zone, be granted subject to the following condition:

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

AND FURTHER THAT the reasons for granting Minor Variance Application A-15-19 include:

 

R2019 THAT the Committee do now rise out of the Committee of Adjustment and go back into the regular Council meeting for a public 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-21-2019 DP of C & Site Plan - Palumbo Developments  - Parts of Lots 7 and 8, Concession 1, Geographic Township of Lobo (Kilworth Heights West Subdivision, Glendon Dr.)

10.1.1           Planning ReportPLA-70-2019

R2019- THAT Report PLA-70-2019 be received for information.

 

10.2                  ZBA-22-2019 - Mistretta - PLAN 109 BLK 14 PT LOTS 3, 4, 5

10.2.1           Planning ReportPLA-69-2019

R2019- THAT Zoning By-law Amendment application ZBA-22-2019 for a property described as PLAN 109 BLK 14 PT LOTS 3,4, 5 in order to rezone the subject lands from the site- specific Urban Residential First Density (UR1-3) zone to the Urban Residential First Density (UR1) zone be approved.

10.3                  B-23-2019 – Buren – 120 Arthur St.

This application has now been withdrawn September 23, 2019

10.4                  B-24, 25, 26-2019 – Linton – 10036 Ilderton Rd.

10.4.1                  Planning ReportPLA-67-2019

R2019- THAT Consent Applications B-24-19, B-25-19 and B-26-19 filed Craig Linton (Development Land Services Inc.) on behalf of Poplar Villa Ltd. (Anna Barclay and Margaret A. Coughlin) in order to sever lot 1 (B-24-19) with a frontage of approximately 42.66 metres with an area of approximately 3064.63 metres squared, lot 2 (B-25/19) with a frontage of approximately 42.66 metres and an area of approximately 3057.90 metres squared and Lot 3 (B-26-19) with a lot with a frontage of approximately 42.66 metres and an area of approximately 3049.48 metres squared from a property known as Part of Lot 5, Concession 9 (geographic Township of Lobo), Municipality of Middlesex Centre; be granted

FURTHER THAT Consent B-24-19, B-25-19 and B-26-19 be subject to the following 15 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.

 

  1.      That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.

 

  1.      That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-24-19, B-25-19 and B-26-19 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.

 

  1.      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.

 

  1.      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.

 

  1.      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 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.

 

  1.      That the Owner be responsible for any relocation of utilities that may be required and this be completed by the developer

 

  1.      That any outstanding property taxes for the severed and retained lots of Consents B-24-19, B-25-19 and B-26-19 be paid in full.

 

  1. That the Owner be required to dedicate lands up to 18 metres from the centerline of construction of County Road 16 (Ilderton Road) across the severed and retained land to the satisfaction of the County of Middlesex for the purposes of road widening if the right of way is not already to that width.

 

  1. That the Owner prepare a ground water impact assessment to the satisfaction of the Municipality.

 

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

 

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

 

  1. That the Owner pay a $1,000 for cash-in-lieu of parkland dedication to the Municipality for the severed parcel of Consent B-24-19, B-25-19 and B-26-19.

 

  1. That a Zoning By-law Amendment for the severed lands be in full force and effect.

 

FURTHER THAT the reasons for granting Consent Application B-24-19, B-25-19 and B-26-19 include:

R2019- THAT Consent Application B-27/19 filed Craig Linton (Development Land Services Inc.) on behalf of Poplar Villa Ltd. (Anna Barclay and Margaret A. Coughlin) in order to sever a surplus farm dwelling severance with a frontage of approximately 51.312 metres (168.37 feet) and an area of 5665.7 metres squared (1.4 acres) from a property known as Part of Lot 5, Concession 9 (geographic Township of Lobo), Municipality of Middlesex Centre; be deferred.

10.6                  ZBA-23-2019 - Municipality of Middlesex Centre – Municipal Wide – Deck Encroachments

10.6.1      Planning Report – PLA-68-2019

R2019- THAT Zoning By-law Amendment application ZBA-23-2019 which proposes to provide greater clarification for deck encroachments for dwelling units related to duplex dwellings, multiple-unit dwellings, semi-detached, townhouse and street townhouse dwellings. The effect of the application is the following proposed wording to be added to section 4.30 of the Municipality’s Comprehensive Zoning By-law: “In the case of dwelling units separated by a common wall or where the outside wall of a dwelling is located less than 1.2 metres (3.94 feet) from a side lot line, the deck may extend up to either said wall, subject to the provision of a 1.5 metres (4.92 feet) high privacy fence rising from the surface of the deck and extending along the entire side of the deck from either said wall” be approved.

 

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

11.0        NOTICE OF MOTION

None

12.0        CORRESPONDENCE

12.1           City of Kitchener - Reducing Litter and Waste in our Communities

12.2           Lower Thames Conservation - Media ReleaseFall Memorial Forest Dedication Services

12.3           Lower Thames Conservation - Media Release 2Fall Learning Activities

12.4           County of Middlesex – Proposed Changes to the Provincial Policy Statement

12.5           Ontario Association of Fire Chiefs - Updates on Ontario’s Public Reporting and Community Risk Assessment Regulations

12.6           South Huron Conservation Authorities

12.7           South Perth - Conservation Authorities

12.8           Township of Larder LakeElectronic delegation for small rural municipalities

12.9           Township of Zorra - Conservation Authorities

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 2019-092 - To approve and ratify a Site Plan Control Agreement between 756949 Ontario Ltd. (the Owner), and The Municipality of Middlesex Centre (the Municipality) for land described as Block 60, Plan 33M656; Municipality of Middlesex Centre, being all of PIN 08502-1115 (LT), Municipality of Middlesex Centre (Glendon and Jefferies)

15.2           By-Law 2019-093 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Plan 109 BLK 14 Parts 3, 4, and 5, (geographic Township of Lobo) Roll number: 393900002019412 (ZBA-22-2019, Mistretta)

15.3           By-Law 2019-094 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to all land in the Municipality (ZBA-23-2019, Middlesex Centre, Deck Encroachments)

15.4           By-Law 2019-095 - To adopt a Municipal policy entitled “Donation Policy and Procedure”

15.5           By-Law 2019-096 - To adopt a Municipal policy entitled “Terms and Condition of Employment - Hiring”

15.6           By-Law 2019-097 - To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on September 25, 2019

R2019- THAT By-Laws 2019-092 through to 2019-097 inclusive be approved passed and adopted.

16.0        ADJOURNMENT

R2019- THAT the Council for the Municipality of Middlesex Centre adjourns the September 25, 2019 Regular Council meeting at ___________ p.m.