MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, OCTOBER 23, 2019 5:00 PM
Middlesex Centre Municipal Office
 

 

AGENDA

The Council of the Municipality of Middlesex Centre will meet on October 23, 2019 at 5:00 pm.

1.0             CALL TO ORDER

Mayor DeViet to call the meeting to order at 5:00 pm.  Council will go directly into Closed Session.

2.0             DISCLOSURES OF PECUNIARY INTERESTS

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, including municipal or local board employees;

3.2        Section 239 (2) (c) a proposed or pending acquisition or disposition of lands 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

October 9, 2019 

R2019-  THAT the minutes of the October 9, 2019 meeting of Council be adopted as printed.

6.0             DELEGATIONS AND PRESENTATIONS

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-15-2019 - September 2019 Building Report

7.2                C-10-2019- Lake Erie Source Protection Committee Nomination

7.3                CAO-05-2019 - Renewal of Planning Services Agreement with County of Middlesex

7.4                CAO-07-2019 - Resolution Supporting AMO’s Report on Growing Municipal Liability and Insurance Costs

7.5                CMS-17-2019 - 2019 Update – Community Services Rates & Fees Study

7.6                CPS-74-2019 - Budget to Actual September 2019

7.7                CPS-75-2019 - Employee future benefits Actuarial Valuation

R2019- THAT the Council for the Municipality of Middlesex Centre receives and approves the Consent Agenda items 7.1 through to 7.7.

8.0             STAFF REPORTS

8.1   BLD-16-2019 - 2020 Pre-budget Approval for Building Division Co-op Student

R2019- THAT the amount of $25,000 be pre-approved for Building Division’s 2020 operating budget for the hiring of a co-op student for an eight-month contract.

8.2            CAO-06-2019 – Corporate Strategic Plan

R2019-  THAT a Request for Proposal be issued for the creation of an updated Strategic Plan for Middlesex Centre;

AND THAT staff report back with the responses to the Request for Proposal for the selection of a consultant to assist in the creation of a new Strategic Plan for Middlesex Centre.

8.3            CPS-76-2019 - Compensation Management – Employee Benefit

R2019- THAT human resource policy #1.01 Compensation Management – Employee Benefits, be approved with the recommendations as outlined in Report CPS-76-2019.

9.0             COMMITTEE OF ADJUSTMENT – 7:00PM

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-16-19 – Silver – 22877 Highbury Ave. N.

9.1.1                     Planning Report – PLA-71- 2019

R2019- THAT Minor Variance Application A-16-19, filed by Travis Sherman of Forest City Pool & Patio Inc. on behalf of Tyler Silver to seek relief from the Municipality’s Comprehensive Zoning By-law’s maximum lot coverage for a lot, whereas the applicant is requesting a maximum lot coverage of 76 m2 for all accessory buildings on the subject property, whereas the Comprehensive Zoning By-law permits a maximum of the lesser of 60.0 m2 (645 ft2) of gross floor area or three percent (3%) lot coverage for accessory buildings in the Hamlet Residential First Density (HR1) Zone, 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-16-19 include:

 

9.2                A-17-19 Verheyen – 5184 Egremont Dr., Poplar Hill

9.2.1                     Planning Report – PLA-72-2019

R2019- THAT Minor Variance Application (A-17-19), filed by Brian Verheyen for relief from Middlesex Centre’s Comprehensive Zoning By-law’s maximum lot coverage for an accessory building in the site-specific Hamlet Residential First Density (HR1-1) zone, whereas the applicant is requesting a maximum lot coverage of 80.72 square metres (864 square feet) for all accessory buildings, for a property known municipally as 5184 Egremont Drive (County Road 22), 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-17/19 include:

 

9.3                A-18-19 – Sergautis – 14683 Medway Rd.

9.3.1                     Planning Report – PLA-73-2019

R2019- THAT Minor Variance Application (A-18-19), filed by Peter Sergautis for relief from Middlesex Centre’s Comprehensive Zoning By-law’s location of an accessory building, whereas the applicant is requesting to locate an accessory building in an exterior side yard, for a property known municipally as 14683 Medway Road, 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-18/19 include:

 

9.4                A-19-19 – Kevlar Rentals (Kevin and Laura Murphy) – 13187 Ilderton Rd.

9.4.1                     Planning Report – PLA-74-2019

R2019- THAT Minor Variance Application (A-19-19), filed by Zelinka Priamo (Casey Kulchycki), on behalf of Kevalr Rentals (Kevin and Laura Murphy) for relief from the Middlesex Centre’s Comprehensive Zoning By-law’s minimum parking requirements in the site- specific Village Commercial (C1-7) zone, whereas the applicant is requesting to reduce the number of parking spaces from 21 spaces to 12 on site spaces and 5 cash in-lieu parking spaces, for a property known municipally as 13187 Ilderton Road, be denied.

AND FURTHER THAT the reasons for granting Minor Variance Application A-19/19 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 MEETING

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            B-28-2019 – Marandy Health Inc. (Barbara Rosser) – 14351 Medway Rd.

10.1.1                Planning Report – PLA-75-2019

R2019- THAT Consent application B-28-2019, filed by Barbara G. Rosser on behalf of Marandy Health Inc. to create a new lot for commercial development with a frontage of approximately 30.25 metres (99.25 feet) with an area of approximately 0.19 hectares (0.47 acres) whereas the retained parcel is proposed to have a frontage of approximately 56.85 metres (186.52 feet) with an area of approximately 0.36 hectares (0.89 acres), be granted.

FURTHER THAT Consent B-28-2019 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-28-2019 be paid in full.

7)            That the Owner pay a $1,200 cash-in-lieu of parkland dedication to the Municipality for the severed parcel of Consent B-28-2019.

8)            That a Zoning By-law Amendment be in full force and effect to reflect the proposed commercial use.

9)            That the owner will be required to dedicate lands up to 15 m from the centerline of construction of County Road 28 (Medway Road) across the severed and retained parcels to the County of Middlesex if the right of way is not already to that width.

FURTHER THAT the reasons for granting Consent Application B-28-2019 include:

 

10.2           B-23-2019 & B-30-2019Lisa Buren – 120 Arthur St., Komoka

10.2.1                Planning Report – PLA-65-2019

THAT Consent applications B-23-2019 and B-30-2019, filed by Lisa Buren in order to sever two lots with a frontage of approximately 15.24 metres (50.0 feet) and an area of 620.0 m² (0.15 acres) from a property that has a frontage of 40.7 metres (133.53 feet) and an area of 2,047.21 m² (0.51 ac). The retained lot is proposed to have a frontage of approximately 19.81 metres (64.99 feet) and an area of approximately 806 m² (0.19 acres) be granted.

FURTHER THAT Consent B-23-2019 and B-30-2019 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-23-2019 and B-30-2019 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-23-2019 and B-30-2019 being satisfied, the owner shall install separate water and wastewater service connections for the severed and retained parcels of Consent B-23-2019 and B-30-2019, and that these connections be installed to the satisfaction of the Municipality’s Public Works and Engineering Department. The owner to seek all the necessary approvals from the Ministry of Environment, Conservation and Parks (MECP).

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 $2,000 cash-in-lieu of parkland dedication to the Municipality for the severed parcels of Consent B-23-2019 and B-30-2019.

12)        That the Owner pays $10,127.50 to the Municipality of Middlesex Centre for the purposes of funding 50% of the future road reconstruction costs of Arthur and Duke Street to an urban standard.

13)        That the Owner remove the trees along the northwest property line to 15 metres from the stop sign, in accordance with the Municipality’s Infrastructure Design Standards to the satisfaction of the Municipality.

14)        That the existing dwelling and driveway be demolished/removed and related servicing be decommissioned to the satisfaction of the Municipality.

FURTHER THAT the reasons for granting Consent Application B-23-2019 and B-30-2019 include:

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            Ausable Bayfield Conservation Board of Directors Agenda

12.2            Ilderton Legion Branch 531 – Remembrance Day Services

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 12.1 through to 12.2 as information.

13.0        COUNTY COUNCIL UPDATE

14.0        OTHER BUSINESS

15.0        BY-LAWS

15.1            By-Law 2019-100 - To approve and ratify a Subdivision Agreement between P.W. Holdings Ltd., the “Subdivider” and the Municipality of Middlesex Centre

15.2            By-Law 2019-101 - To adopt a Municipal policy entitled “Compensation Management – Employee Benefits”

15.3            By-Law 2019-102 - To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on October 23, 2019

R2019- THAT By-Laws 2019-100 through to 2019-102 be approved, passed and adopted.

16.0        ADJOURNMENT

R2019- THAT the Council for the Municipality of Middlesex Centre adjourns the October 23, 2019 Regular Council meeting at ___________ p.m.