Middlesex Centre Council Agenda
Emergency Council Meeting

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Electronic Emergency Council Meeting

Mayor DeViet to call the meeting to order at 9:30 a.m.

In response to COVID-19 we continue to hold Council meetings electronically.  The municipal office is closed however members of the public are invited to participate in this meeting of Council electronically by accessing the meeting  which will be live-streamed on our YouTube channel:

 https://www.youtube.com/channel/UC50qno3RSXinZc4tyjqIvlQ .

The Public Meetings for Planning applications will begin immediately after Delegations, Presentations, and Petitions                            

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.​

No property owners affected by the drain have requested to speak to Council this evening

  • THAT the Council for the municipality of Middlesex Centre receives the Lenders Municipal Drain, Branch A and B Report from Brad Bunke of GM BluePlan dated February 21, 2020 and authorizes that  the project proceed;

    FURTHER THAT the Court of Revision will meet on July 15, 2020;

    AND THAT Mayor DeViet, Councillor Heffernan, Councillor Aerts be appoint to sit as the members of the Court of Revision with Mayor DeViet in the Chair.

No property owners affected by the drain have requested to speak to Council this evening

  • THAT the Council for the municipality of Middlesex Centre receives the 2020 Pfister Drain Report from Mike DeVos of Spriet Associates dated May 11, 2020 and authorizes that  the project proceed;

    FURTHER THAT the Court of Revision will meet on July 15, 2020;

    AND THAT Mayor DeViet, Councillor Heffernan, Councillor Aerts be appoint to sit as the members of the Court of Revision with Mayor DeViet in the Chair.

  • THAT the 2019 Draft Financial Statements as prepared by the municipal auditor, Scrimgeour and Company be approved.

  • THAT the minutes of the Middlesex Centre Council meeting held on May 27, 2020 be adopted as printed.

  • THAT the Council for the Municipality Centre receives the Consent Items 6.1 through to 6.5 as information and approves the recommendations contained in the reports.

  • THAT Report CPS-30-2020, Budget to Actual Capital 2019 report be received for information.

  • THAT the Development Charges Treasurer Statement for 2019 be received and posted on the municipal website for information.

  • THAT the Petitions for Drainage Works submitted by the landowners proceed;

    AND THAT staff be directed to notify the affected landowners and appropriate agencies of the Council’s decision to proceed with the drainage works;

    AND FURTHER THAT following the notice to appropriate agencies, Brad Bunke, P.Eng. of GM BluePlan be appointed to prepare a Drainage Report for the creation of new branches to the Ward Municipal Drain, all in accordance with the Ontario Drainage Act.

  • THAT Report CAO-27-2020 regarding the Development of a Self-Insurance Retention Policy be received;

    AND THAT the municipality establish a Self-Insurance Retention Policy;

    AND FURTHER THAT the policy attached to Report CAO-27-2020 be approved.

  • THAT Report FS-02-2020 regarding 2020 Budget Amendment No. 2 for a fire vehicle acquisition be received;

    AND THAT the 2020 Capital Budget is hereby amended in the amount of $47,756.78 in order to purchase a vehicle for use by Fire Prevention;

    AND FURTHER THAT the fire vehicle purchase in the amount of $47,756.78 is funded 100% from the Fire Vehicles and Equipment Reserve Fund.

  • WHEREAS the Federation of Canadian Municipalities, through Local Authority Services, offers a grant program to assist municipalities with municipal asset management;

    AND WHEREAS the municipality deems it expedient to partner with the County and other lower-tier municipalities to apply for funding to progress the roads asset management program;

    THEREFORE BE IT RESOLVED THAT Council of the Municipality of Middlesex Centre directs staff to apply for a grant opportunity from the Federation of Canadian Municipalities’ Municipal Asset Management Program to advance our roads asset management program:

    • Vehicle based automated data collection for roads (and cart based collection for sidewalks)
    • Road and sidewalk assessment data processing
    • Pavement Management Software utilizing a GIS based software analytics platform;

       

    AND FURTHER THAT the municipality commit up to $15,000 from the 2020 capital budget for hot mix resurfacing towards the costs of this initiative.

If you would like to provide comments on this Minor Variance application, please forward your comments via email to the following email address prior to 12:00 p.m. on June 9, 2020 so that your comments may be forwarded to Council for their consideration: planning@middlesexcentre.on.ca

If you have particular questions about the application you may contact the Planner, Dan Fitzgerald at 519-930-1008 or at planning@middlesexcentre.on.ca

Members of the public that wish to participate in a public meeting remotely will be required to notify staff in writing via email at the following address before 4:30 p.m. the Monday prior to the public meeting and provide the following information; First and Last Name, Mailing Address, Phone Number, the Application Number they wish to speak to along with prepared speaking notes.   Staff will then provide details on how to join the meeting via telephone. Please email:  planning@middlesexcentre.on.ca

  • THAT the Council for the municipality of Middlesex Centre adjourn their meeting of Council to go into Committee of Adjustment for the following application:

    1) A-02-2020 - P.W. Holdings Ltd. - 226 Union Avenue

  • THAT Minor Variance Application A-02-2020, filed by Terrance Keep on behalf P.W. Holdings Ltd for relief from the Comprehensive Zoning By-law in order to establish an interior side yard setback of 1.4 metres (4.59 feet) on either side, whereas the By-law requires a minimum interior side yard setback of 1.5 metres (4.9 feet) on one side and 2.5 metres (8 feet) on the other side; for a property known Municipally as 266 Union Ave, be granted;

    AND THAT the reasons for granting Minor Variance Application A-02-2020 include:

    • The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;
    • The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;
    • The request is minor in nature; and
    • The request represents appropriate development on the subject property.
  • THAT the Committee of Adjustment for June 10, 2020 be adjourned; 

    AND THAT Council resume and move into Public Meeting at _____ pm pursuant to the Planning Act, R.S.O. 1990, c. P13, as amended, to consider the following applications:

    1)  ZBA-08-2020 –  Kilworth Business Park Inc. (Agent Jared Dykstra, Zelinka Priamo)- 22499 Jefferies Road 

    2)  B-08-2020 - Tyler Perrow and Melissa Cochran - 116 Delaware Street Central, Komoka

    3)  B-09-2020 -  Ron Rowcliffe (Agent Barbara Rosser) - 22747 Komoka Road, Komoka

If you would like to provide comments on this Zoning Amendment application, please forward your comments via email to the following email address prior to 12:00 p.m. on June 9, 2020 so that your comments may be forwarded to Council for their consideration: planning@middlesexcentre.on.ca

If you have particular questions about the application you may contact the Planner, Marion Cabral at 519-930-1006 or at planning@middlesexcentre.on.ca

Members of the public that wish to participate in a public meeting remotely will be required to notify staff in writing via email at the following address before 4:30 p.m. the Monday prior to the public meeting and provide the following information; First and Last Name, Mailing Address, Phone Number, the Application Number they wish to speak to along with prepared speaking notes.   Staff will then provide details on how to join the meeting via telephone. Please email:  planning@middlesexcentre.on.ca

  • THAT Zoning By-law Amendment application (ZBA-08-2020), filed by Zelinka Priamo Ltd. on behalf of Kilworth Business Park Inc., to add pharmacy as a permitted use in the existing ‘Highway Commercial exception 11(C2-11)’ zone be approved.

If you would like to provide comments on this Consent application, please forward your comments via email to the following email address prior to 12:00 p.m. on June 9, 2020 so that your comments may be forwarded to Council for their consideration: planning@middlesexcentre.on.ca

If you have particular questions about the application you may contact the Planner, Dan Fitzgerald at 519-930-1008 or at planning@middlesexcentre.on.ca

Members of the public that wish to participate in a public meeting remotely will be required to notify staff in writing via email at the following address before 4:30 p.m. the Monday prior to the public meeting and provide the following information; First and Last Name, Mailing Address, Phone Number, the Application Number they wish to speak to along with prepared speaking notes.   Staff will then provide details on how to join the meeting via telephone. Please email:  planning@middlesexcentre.on.ca

  • THAT Consent Applications B-08-2020, filed by Tyler Perrow and Melissa Cochran, in order to sever a residential lot with a frontage of approximately 15.0 m (49.2 ft) on Huron Avenue and an area of approximately 822.75 m2 (8,856.0 sq ft), and the retained is to have a frontage of approximately 21.73 m (71.3 ft) on Ontario Avenue with an area of 1,192.1 m2 (12,831.65 sq ft) on a property legally described as Lots 11 and 12, Block K, Plan 76, in the Municipality of Middlesex Centre, Municipally known as 116 Delaware Street Central; be granted;

    AND THAT Consent B-08-2020 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-08/2020 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 any outstanding property taxes for the severed and retained lots of Consent B-08-2020 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, and building envelopes, all to the satisfaction of the Municipality.
    8. That the owner install separate water and sanitary service connections to the severed parcel prior to consent being granted to the satisfaction of the Municipality.
    9. That if necessary, the owner relocate the existing water and sanitary services be wholly contained on the retained lands to the satisfaction of the municipality.
    10. That the Owner provide a lot grading plan for the severed lands showing a proposed building envelope and that the grading plan include stormwater management controls to the satisfaction of the Municipality.
    11. The applicant be required to pay $9,636.88 for future road upgrade costs.
    12. That the Owners pay $1,000 cash-in-lieu of parkland dedication for the proposed lot of Consent B-08/2020.
    13. That the Owner demonstrate once a legal survey is completed, that the lands comply with the Zoning By-law.

    AND FURTHER THAT the reasons for granting Consent application B-08-2020 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
    • The proposal complies with the Middlesex Centre Comprehensive Zoning By-law.

If you would like to provide comments on this Consent application, please forward your comments via email to the following email address prior to 12:00 p.m. on June 9, 2020 so that your comments may be forwarded to Council for their consideration: planning@middlesexcentre.on.ca

If you have particular questions about the application you may contact the Planner, Dan Fitzgerald at 519-930-1008 or at planning@middlesexcentre.on.ca

Members of the public that wish to participate in a public meeting remotely will be required to notify staff in writing via email at the following address before 4:30 p.m. the Monday prior to the public meeting and provide the following information; First and Last Name, Mailing Address, Phone Number, the Application Number they wish to speak to along with prepared speaking notes.   Staff will then provide details on how to join the meeting via telephone. Please email:  planning@middlesexcentre.on.ca

  • THAT Consent Application B-09/2020, filed by Barbara Rosser on behalf of Ron Rowcliffe, in order to sever a industrial lot with a proposed frontage of approximately 66.45 m (218.01 ft) on Oxbow Drive with an area of approximately 3,343.97 m2 (0.826 ac), and the retained parcel a frontage of approximately 50.33 m (165.12 ft) on Komoka Road with an area of 2,763.98 m2 (0.683 ac) on a property legally described as Part of Lot 4, Concession 2 (Geographic Township of Lobo) in the Municipality of Middlesex Centre, County of Middlesex; be GRANTED.

    AND THAT Consent B-09/2020 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-09/2020 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 any outstanding property taxes for the severed and retained lots of Consent B-09/2020 be paid in full.

    7. That the Owner enter into a Development Agreement, if required, 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, and building envelopes, all to the satisfaction of the Municipality.

    8. That the owner install separate water and sanitary service connections to the severed parcel prior to consent being granted to the satisfaction of the Municipality.

    9. That if necessary, the owner relocate the existing water and sanitary services be wholly contained on the retained lands to the satisfaction of the municipality.

    10. That the Owner remove the western most access to the residential property entirely to the satisfaction of the Municipality to remove access through the severed lands.

    11. That the Owners pay $1,000 cash-in-lieu of parkland dedication for the proposed lot of Consent B-09/2020.

    12. That the Chief Building Official be satisfied that all building code requirements are being met.

    13. That Zoning By-law compliance is achieved regarding existing structures and new property lines, which may require removal or successful receipt of a minor variance.

    14. That the owner will be required to dedicate lands up to 13 m from the centerline of construction of County Road 16 (Komoka Road) to the County of Middlesex for the purposes of road widening if the right of way is not already to that width.


    AND FURTHER THAT the reasons for granting Consent application B-09-2020 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

    • The proposal, subject to conditions, can comply with the Middlesex Centre Comprehensive Zoning By-law.

13.

  • THAT the By-Law 2020-048 and By-Law 2020-049 be read a first and second time and provisionally adopted; 

    AND THAT By-Law 2020-044 through to By-Law 2020-047 and By-Law 2020-050, be approved, passed and adopted.

  • THAT the Council for the municipality of Middlesex Centre adjourns the June 10, 2020 meeting of Council at ____.

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