MIDDLESEX CENTRE COUNCIL AGENDA

WEDNESDAY, NOVEMBER 27, 2019 5:15 PM
Middlesex Centre Municipal Office
 

 

AGENDA

1.0             CALL TO ORDER

Mayor DeViet to call the meeting to order at 5:15 p.m.  Council will go directly into Closed Session and will resume into Open Session at approximately 5:45 p.m.

2.0             ADDITIONS TO THE AGENDA

4.0 CLOSED SESSION item under

Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose: 1535 Plover Mills Rd. LPAT Appeal

R2019- THAT Council approve the November 27, 2019 addition to the agenda under Closed Session.

3.0             DISCLOSURE OF PECUNIARY

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             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:

Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

Section 239 (2)(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose: 1535 Plover Mills Rd. LPAT Appeal

 

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

5.0             ADOPTION OF THE MINUTES

November 20, 2019 

R2019- THAT the minutes of the November 20, 2019 meeting of Council be adopted as printed.

6.0             DELEGATIONS AND PRESENTATIONS

6.1             Ken Logtenberg of BM Ross Engineering

Bridge Needs Assessment 2019 

R2019- THAT the Council for the Municipality of Middlesex Centre receives the presentation entitled Bridge Needs Assessment 2019 as presented by Ken Logtenburg of BM Ross Engineering, as information

6.2             Cara Finn, County Director of Economic Development

Economic Development Fundamentals Presentation 

R2019- THAT the Council for the municipality of Middlesex Centre receives the presentation entitled Economic Development Fundamentals as presented by Cara Finn, Middlesex County Director of Economic Development, 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-18-2019 October 2019 Building Report

7.2             BLD-19-2019Animal Control By-Law Revisions

7.3             C-20-2019 Adoption of a Council and Staff Relationship Policy

R2019- THAT the Council for the Municipality of Middlesex Centre receives and approves the Consent Agenda items 7.1 through to 7.3 as recommended in the report.

8.0             STAFF REPORTS

8.1             CAO-09-2019 New Deputy Clerk/ Executive Assistant Position

R2019- THAT the new position of a Deputy Clerk/Executive Assistant be approved within the Corporate Services Department in the 2020 Operating Budget.

8.2             CPS-85-2019 – Capital Budget Direction 2020

R2019- THAT Council for the Municipality of Middlesex Centre receive report CPS-85-2019 as information;

AND FURTHER THAT

AND FURTHER THAT

9.0             COMMITTEE OF ADJUSTMENT 7:00 PM

9.1             A-20-2019- Joel & Carolyn Linck – 125 Erie Ave

9.1.1      Planning Report – PLA-80-2019

R2019 THAT Minor Variance Application A-20-19, filed by Erica Suhr on behalf of Joel and Carolyn Linck for relief from the Comprehensive Zoning By-law in order to establish an interior side yard setback of 1.5 metres (4.9 feet) on either side, whereas the By-law requires a minimum interior side yard setback of 3.0 metres (10 feet) on one side and 2.0 metres (7 feet) on the other side; for a property known Municipally as 125 Erie Avenue, be granted.

FURTHER THAT the reasons for granting Minor Variance Application A-20/19 include:

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

 

R2019- THAT the Committee do now rise out and move into a Public Meeting at ____ p.m. under Section 53 & 39 of the Planning Act, R.S.O. 1990, c.P13, as amended, to consider the following applications:

10.0        PUBLIC MEETING

10.1           ZBA-25-2019 - Martendale Holsteins Inc.

10.1.1            Planning Report - PLA-76-2019

R2019 THAT Zoning By-law Amendment Application (ZBA-25-2019), filed by Andrea Bezaire on behalf of Martendale Holsteins for the severed and retained lands of Consent B-11-19 in order to implement the severance of a surplus farm residence, be approved.

10.2           ZBA-26-2019 - Joe Martens

10.2.1            Planning Report - PLA-77-2019

R2019- THAT Zoning By-law Amendment Application (ZBA-26-2019), filed by Andrea Bezaire on behalf of Joe Martens for the severed and retained lands of Consent B-10-19 in order to implement the severance of a surplus farm residence, be approved.

10.3           B-29-2019 - Mary Wolfs - 6237 Carriage Rd.

10.3.1            Planning Report - PLA-78-2019

R2019- THAT Consent Application B-29-19, filed by Paul and Mary Wolfs, on behalf of Wolfs Family Farms Inc. in order to sever a surplus farm residence on a lot with a frontage of approximately 10.77 metres (35.33 feet) along Carriage Road and an area of approximately 0.67 ha (1.67 acres) from a farm holding with a lot area of approximately 40.47 hectares (100 ac) and legally described as Part of Lot 19, Concession 1 South (geographic Township of Delaware), Municipality of Middlesex Centre; be granted.

FURTHER THAT Consent B-29-19 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-29/19 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 Owner enter into a severance agreement with the Municipality in order to advise future owner of the severed lot of Consent B-29/19 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-29-19 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 and prohibits residential use on the retained lot of Consent B-29/19 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-29/19 is wholly contained on the said lot and that a 100% contingency area exists, to the satisfaction of the Municipality.

11)            That the agricultural outbuildings on the retained lands be removed, including the removal of all building materials, to the satisfaction of the Municipality.

12)            That the owner confirm the remaining accessory buildings on the severed parcel meet the maximum lot coverage required within the Surplus Residence Zone, to the satisfaction of the Municipality.

13)            That the owner obtain a demolition permit and remove the abandoned, non-habitable single detached dwelling from the parcel to be severed, to the satisfaction of the Municipality.

14)            That both the severed and retained lands be confirmed to meet the requirements of the municipality’s Property Standards- Clearing of Land By-law, to the satisfaction of the Municipality.

FURTHER THAT the reasons for granting Consent Application B-29-19 include:

R2019- THAT the Official Plan Amendment No. 47 for the land legally described as Part of 1, Concession 7 (geographic Township of Lobo), Municipality of Middlesex Centre, be adopted and forwarded to the County of Middlesex for consideration of approval.

AND FURTHER THAT the Zoning By-law Amendment application, filed by Steve Sims for Bob Buchanan, to rezone the subject property from the ‘Agricultural’ (A1) zone to the site-specific ‘Agricultural’ (A1-35) zone for a property municipally described as 9622 Sinclair Drive and legally described as Part of Lot 1, Concession 7 (geographic Township of Lobo), Municipality of Middlesex Centre 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

R2019- THAT the Council for the Municipality of Middlesex Centre receives the Correspondence items 12.1 and 12.5 as information.

12.1      Ministry of Agriculture- Changes to Biogas Rules to Farms

12.2      100 CN - Grade Crossing Regulations

12.3      Township of Larder Lake - Main Street Revitalization Grant - Extension Request

12.4      South Huron - Supporting Resolution RE: Transformation of Building Services

12.5      Middlesex Community Policing Committee - Minutes, October 17, 2019

13.0         COUNTY COUNCIL UPDATE

14.0        OTHER BUSINESS

15.0        BY-LAWS

15.1         By-Law 2019-108 - To establish various fees and charges for services provided by the municipality of Middlesex Centre (Fee By-Law)

15.2         By-Law 2019-109To establish fees and charges for water, wastewater and stormwater rates for services provided by the municipality of Middlesex Centre

15.3         By-Law 2019-110To levy and implement a stormwater fee

15.4         By-Law 2019-111To amend By-Law 2012-030, being a by-law to provide for the licencing, control and regulation of animals within the Municipality of Middlesex Centre.

15.5         By-Law 2019-112 To amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Part Lot 6, Concession 13 (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903401018000 (ZBA-25-2019)

15.6         By-Law 2019-113 To amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Part Lot 2, Concession 14 (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903401010900 (ZBA-26-2019)

15.7         By-Law 2019-114 - To amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Part Lot N ½ Lot 2 Part S ½ Lot 2, Concession 7 (Geographic Township of Lobo), Roll number: 393900003002400 (ZBA-27-2019)

15.8         By-Law 2019-115 - To adopt Official Plan Amendment No. 47 to the Official Plan of Middlesex Centre

15.9         By-Law 2019-116 – To adopt a Municipal policy entitled council and Staff Relationship Policy

15.10    By-Law 2019-117 - To adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on October 9, 2019

R2019- THAT By-Law 2019-108 through to By-Law 2019-117, inclusive, be approved, passed and adopted.

16.0        ADJOURNMENT

R2019- THAT the Council for the Municipality of Middlesex Centre adjourns the November 27, 2019 Regular Council meeting at ___________ p.m.