MIDDLESEX CENTRE COUNCIL AGENDA

Transcription

1 AGENDA

2 January 28, 2015 Council Chamber 4:00 pm MIDDLESEX CENTRE COUNCIL AGENDA The Municipal Council of the Municipality of Middlesex Centre will meet in Regular Session in the Council Chamber on January 28, 2015 at 4:00 pm. COUNCIL PRESENT: Mayor Edmondson - Chair presiding, Deputy Mayor Bloomfield, Councillors Harvey, Brennan, McMillan, DeViet and Berze. REGRETS: STAFF PRESENT: Michelle Smibert CAO, Stephanie Troyer-Boyd - Clerk, Greg Watterton Director of Corporate Services, Arnie Marsman Director of Planning and Development Services, Ken Sheridan Director of Fire Services, Brian Lima Director of Public Works and Engineering, Ben Puzanov Planner, Scott Mairs Director of Community Services. ALSO PRESENT: Members of the public and press. 1.0 CALL TO ORDER Mayor Edmondson calls the meeting to order at 4:00 pm. 2.0 ADOPTION OF THE ADDITIONS TO THE AGENDA R2015- Motion by THAT the Additions to the Regular Agenda of Council dated January 28, 2015 be added to the Agenda as printed. 3.0 BUSINESS FOR WHICH PREVIOUS NOTICE HAS BEEN GIVEN 3.1 None scheduled 4.0 DISCLOSURE OF PECUNIARY INTEREST AND THE 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. Name Item Nature A community of diverse citizens, rooted in rural and urban traditions, united through involvement, cooperation, and mutual respect

3 Council Agenda 2 January 28, CONSENT AGENDA R2015- Motion by 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. 1. THAT the December 2014 Building Permit Report be received. 2. THAT the 2014 Planning and Development Services Year End Summary be received. 7.0 STAFF REPORTS R2015- Motion by R2015- Motion by R2015- Motion by R2015- Motion by 7.1 Report # C Request to Purchase Municipally Owned Property THAT the Mayor and Clerk be authorized to sign any necessary documents to execute the sale of the property legally described as Con 8 Pt Lot 8 designated as Parts 5, 15 and 18 on 33R to Terry and Barbara Jones; and FURTHER THAT the purchasers be required to pay all costs relating to the sale of the land including but not limited to any survey, legal and administrative costs. 7.2 Report # CAO-2015/02 - Early Retirement Benefits Policy THAT the Early Retirement Benefits Policy be adopted. 7.3 Report # FS Fire Dispatch Overview Report THAT the Fire Dispatch Overview Report be received as information. 7.4 Report # PDSD-BY Building Inspector Appointment THAT a By-Law be approved appointing Ben Hartman as a Building Inspector. 8.0 DELEGATIONS 4:30 pm Greg Priamo and Casey Kulchycki Zelinka Priamo Ltd. Consent Application B-26/14 A community of diverse citizens, rooted in rural and urban traditions, united through involvement, cooperation, and mutual respect

4 Council Agenda 3 January 28, COMMITTEE OF ADJUSTMENT R2015- Motion by THAT the Council adjourn its regular meeting at p.m. in order to sit as Committee of Adjustment under Section 45 and 53 of The Planning Act R.S.O., 1990, as amended. 9.1 Disclosure of Pecuniary Interest and the General Nature Thereof The Municipal Conflict of Interest Act requires any member of Committee of Adjustment declaring a pecuniary interest and the general nature thereof, where the interest of a member of Committee of Adjustment 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 Committee of Adjustment and otherwise comply with the Act. Name Item Nature R2015- Motion by R2015- Motion by R2015- Motion by 9.2 Consent Application (B-26/14) Owners: Pete and Lynn McClary Location: Highbury Avenue North Roll No.: THAT Consent Application B-26/14, filed by Pete and Lynn McClary in order to sever a surplus farm residence on a lot with a lot frontage of approximately 100 metres along Highbury Avenue North (County Road 23) and an area of approximately 2.05 hectares; from a property legally described as Part of Lot 8, Concession 14 (geographic Township of London), Municipality of Middlesex Centre; be denied. THAT Committee of Adjustment adjourn at pm THAT the Zoning By-law Amendment application, filed by Pete and Lynn McClary for the severed and retained lots of Consent B-26/14 in order to implement the severance of a surplus farm residence, be denied RECESS FOR DINNER R2015- Motion by THAT Council recess at 6:00 pm and reconvene at 7:00 pm. A community of diverse citizens, rooted in rural and urban traditions, united through involvement, cooperation, and mutual respect

5 Council Agenda 4 January 28, COMMITTEE OF ADJUSTMENT 7:00 pm R2015- Motion by THAT the Council adjourn its regular meeting at p.m. in order to sit as Committee of Adjustment under Section 45 and 53 of The Planning Act R.S.O., 1990, as amended Disclosure of Pecuniary Interest and the General Nature Thereof The Municipal Conflict of Interest Act requires any member of Committee of Adjustment declaring a pecuniary interest and the general nature thereof, where the interest of a member of Committee of Adjustment 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 Committee of Adjustment and otherwise comply with the Act. Name Item Nature R2015- Motion by 11.2 Minor Variance Application A-1/15 Owner: Kerri Lynn Montgomery Agent: Henry Thuss Location: Amiens Road Roll No.: THAT Minor Variance Application A-1/15, filed by Henry Thuss on behalf of Kerri Lynn Montgomery for relief from the Middlesex Centre Comprehensive Zoning By-law in order to construct a detached garage with a height of 7.62 metres closer to the road than a single detached dwelling; for a property legally described as Part of Lot 1, Concession 5 (geographic Township of Lobo), Municipality of Middlesex Centre and known municipally as Amiens Road; be granted. FURTHER THAT Minor Variance A-1/15 be subject to the following conditions: 1. That the detached garage to be constructed via Minor Variance A-1/15 be generally constructed in the location shown on the lot plan submitted in support of the minor variance application. 2. That the final location of the detached garage to be constructed via Minor Variance A-1/15 be to the satisfaction of the County s Woodlands Conservation Officer in order to ensure that there is no adverse impact on the significant woodlands on the property. 3. That the existing detached sunroom be removed from the property and that this be done with all of the appropriate permits from the Municipality s Building Division. AND FURTHER THAT the reasons for granting Minor Variance Application A-1/15 include: The request complies with the general intent and purpose of the Middlesex Centre Official Plan; A community of diverse citizens, rooted in rural and urban traditions, united through involvement, cooperation, and mutual respect

6 Council Agenda 5 January 28, 2015 R2015- Motion by The request complies with the general intent and purpose of the Middlesex Centre Comprehensive Zoning By-law; The request is minor in nature; and The request represents an appropriate use on the subject property Consent Application (B-1/15) Owner: Norman Peel Agent: Janet Gibbons Location: Charlton Drive Roll No.: THAT Consent Application B-1/15, filed by Janet Gibbons on behalf of Norman Peel in order to sever a surplus farm residence on a lot with a lot frontage of approximately 194 metres along Charlton Drive and an area of approximately 2.8 hectares; from a property legally described as Part of Lot 6, Concession 11 (geographic Township of Lobo), Municipality of Middlesex Centre; be denied PUBLIC MEETINGS R2015- Motion by THAT Council move into Public Meeting at R.S.O. 1990, c. P13, as amended. p.m. under Section 34 of the Planning Act, R2015- Motion by R2015- Motion by 12.1 Application for Zoning By-law Amendment Owner: Norman Peel Agent: Janet Gibbons Location: Charlton Drive Roll No.: THAT the Zoning By-law Amendment application, filed by Janet Gibbons on behalf of Norman Peel for the severed and retained lots of Consent B-1/15 in order to implement the severance of a surplus farm residence, be denied Application for Zoning By-law Amendment Owners: Gerald and Susan Wardle (G & S Farms) Agent: Laverne Kirkness (Kirkness Consulting Inc.) Location: 5491 Cook Road Roll No.: THAT the Zoning By-law Amendment application, filed by Laverne Kirkness on behalf of Gerald and Susan Wardle (G & S Farms), for the severed and retained lots of Consent B-27/14 in order to implement the severance of a surplus farm residence, be approved NEW BUSINESS 14.0 BY-LAWS 14.1 By-Law Appointment Ben Hartman Building Inspector 14.2 By-Law ZBA Peel (not recommended for approval) 14.3 By-Law ZBA G & S Farms 14.4 By-Law ZBA McClary (Con 8 Pt Lot 8 not recommended) 14.5 By-Law Confirming A community of diverse citizens, rooted in rural and urban traditions, united through involvement, cooperation, and mutual respect

7 Council Agenda 6 January 28, 2015 R2015- Motion by THAT By-Laws through inclusive be approved and this constitutes first, second and third reading and that By-Laws , , , and are hereby enacted ADJOURNMENT R2015- Motion by THAT the meeting adjourn at The next Council meeting is Wednesday, February 4, 2015 at 4:00 pm. in the Council Chamber. INFORMATION ITEMS/COUNCIL CORRESPONDENCE 1. MPAC News January Year End Summary Lucan Biddulph 3. Resolution Town of Pembroke OPP Billing Model 4. Poplar Hill Lions Trivia Night 5. Source Water Protection 6. Rogers Wireless Public Notice A community of diverse citizens, rooted in rural and urban traditions, united through involvement, cooperation, and mutual respect

8 CONSENT AGENDA

9 MUNICIPALITY OF MIDDLESEX CENTRE Planning & Development Services Department Building Division To: Council For: January 28, 2015 Submitted by: Arnold D. Marsman, Director, Planning & Development Services / Chief Building Official For: Information Action Other Number: PDSD-B Page 1 of 3 Subject: BUILDING PERMIT REPORT December 2014 PERMIT LOCATION DESCRIPTION VALUE Sixteen Mile Rd Demolition $0.00 Con 15 N Pt Lot Meredith Dr SFD Alteration / $5, Ilderton Demolition Gwendolyn St Detached Garage $10, Birr Marquis - 30 Ashwood Cres SFD $340, Ilderton Komoka Rd SFD Alteration / $115, Plan 1015 Lot 9 Renovation Egremont Dr SFD Alteration / $25, Lobo Renovation Werrington Homes Unit 34, 9 Dausett Dr SFD $180, Kilworth Ilderton Rd Commercial $10, Ilderton Alteration Vranic Homes 44 Caverhill Cres Komoka SFD $250,000.00

10 Report Number PDSD-B BREAKDOWN OF PERMITS NO. PERMITS DEC/14 VALUE YTD NO. OF PERMITS TO DEC 31/14 YTD VALUE TO DEC31/14 New Single Family Residence 3 $770, $29,351, New Semi-Detached 0 $ $0.00 New Condominium 0 $ $0.00 New Apartment Building 0 $ $480, Single Family Additions/Renovations 3 $145, $2,242, Mobile Home/Park Trailer 0 $ $2,150, Garage/Sheds (Res) 1 $10, $362, Swimming Pools 0 $ $513, Fireplace/Woodstoves 0 $ $0.00 Porches/Decks 0 $ $269, Commercial Building/Renovations 1 $10, $1,345, Institutional Building 0 $ $7,280, Industrial Building 0 $ $50, Agricultural Building 0 $ $1,512, Demolition 1 $ $0.00 Moving Building 0 $ $0.00 Sign 0 $ $24, Plumbing 0 $ $5, Septic 0 $ $433, Other 0 $ $118, TOTAL 9 $935, $46,136,

11 Report Number PDSD-B SUMMARY AND COMPARATIVE DATA Current Month / Year # Permits Permit Fees Development Value Issued Collected Charges Collected Permits issued December $11, $47, $935, Permits issued YTD to end Dec $332, $1,004, $46, Same Period Previous Year # Permits Permit Fees Development Value Issued Collected Charges Collected Permits issued December $22, $112, $2,167, Permits issued YTD to end Dec $325, $1,049, $41,283, RECOMMENDATION That the December 2014 Building Permit Report be received. PREPARED BY: Claudia Thar, Administrative Assistant REVIEWED BY: Arnie Marsman, CBCO Director of Planning & Development Services/ Chief Building Official REVIEWED BY: Michelle Smibert, M.P.A, B.A., CMO Chief Administrative Officer - 3 -

12 MUNICIPALITY OF MIDDLESEX CENTRE Planning & Development Services Department Building Division To: Council For: January 28, 2015 Submitted by: Arnold D. Marsman Director, Planning & Development Services Chief Building Official For: Information Action Other Number: PDSD-B Page 1 of 5 Subject: 2014 Planning and Development Services Year End Summary Purpose: To provide Council with a summary of the Department s activities in These activities have been grouped below under headings related to Middlesex Centre s strategic priorities. Also, year end tables are provided. Enhance Customer Communications: Builder s Information Forum This past fall, staff hosted a Builder s Information Forum. These forums are geared toward providing local home builders with information pertaining to the status of current developments as well as an opportunity to discuss current building technologies, code revisions and certain situations which come up on job sites. Guest speakers at this year s forum included the Tarion Warranty Corporation and Christian Tham who discussed green building incentives. Presentations prepared for this forum are posted on our website. Builders Buzz Staff published two Builders Buzz newsletters. In these newsletters, staff prepare editorials on safety, administrative issues, current events and new technologies. The newsletters are then distributed via to a mailing list of approximately 30 local home builders, made available at the municipality s front counter and posted on our web site. Web Site Updates The Building Department s web page is maintained and updated regularly. Optimize Partnerships: Lucan Biddulph: Have assisted with building inspection services since 2002 and acted as primary Building Department and CBO since 2006; Completed the second full year of By-law Enforcement services; Initiated and coordinated the Building-in-Motion electronic building inspection program similar to Middlesex Centre s inspection process. This creates efficiencies in the documentation of building inspections;

13 Report Number PDSD-B Assisted with the evaluation of on-street parking on Main Street Lucan, including advice regarding locations of signs and paint to better identify parking along the Main Street corridor. Middlesex County Have worked with County Solicitor on several items this year; Work very closely with County Planning and Roads Department; Have worked with the County Fire Inspector in reviewing building plans and situations. Middlesex London District Health Unit Have worked with the Health Unit in dealing with a number of issues this year (such as Landlord- Tennant disputes, Property Standards issues and dog bites) Source Water Protection Have coordinated the collaboration of Middlesex Centre with the Town of St. Marys, Thames Centre, Central Elgin, Middlesex County and Elgin County in anticipation of the approval of the Sourcewater Protection Plan (SPP) for the Thames Sydenham Region. Grants provided from the Ministry of the Environment and Climate Change vary depending on the number of collaborating partners. Maximum grants are available when four or more municipalities collaborate. Upon approval of the SPP, municipalities will be responsible for a number of activities including those related to public education and awareness, site inspections, and administration activities. By collaborating, we can work with our partners in establishing similar source protection processes. South West Chapter of the Ontario Building Officials Association Staff have been active members of the Chapter which includes building officials representing 30 municipalities in the southwest region of Ontario. Staff currently have lead roles within the Chapter as Training Coordinator, Chapter Co-chair and Secretary of the Chapter s CBO Subcommittee. Increase Customer Satisfaction: Complaints Resolved: Staff have resolved dozens of By-law Enforcement complaints, which has enhanced the quality of life for residents. These include grass/weeds, property/occupancy standards, abandoned motor vehicles, dumping, parking, animals at large, dog bites, noise, burning, abandoned buildings, etc Processes Made more Efficient: By-law Enforcement processes have been reviewed for efficiencies including the development of standardized letters and procedures. Economic Development: Development Database: Staff maintained a detailed list of non-agricultural/residential building permits for statistical purposes

14 Report Number PDSD-B Development Pre-consultation: Staff worked closely with other departments and the County Planner in meeting with potential commercial and industrial developers. This process is encouraged for those proposing developments within Middlesex Centre, including a review of building permit applications as Planning Applications are heard so that permits may be issued immediately once all approvals are received. Development Charges Staff participated on the team in which development Charges were reviewed. A new Development Charges By-law was approved in 2014 and will be in place for the next five years. No appeals were filed. Revenue Generation: Dog Registration Program With the assistance of the Commissionaires, staff coordinated a dog licencing blitz of our settlement areas, excluding Ilderton (due to time constraints). Over the course of a few short months, over 200 additional dogs were licensed. This program will be finalized in 2015, with the completion of Ilderton. Building Permit Fee Comparison Staff conducted a comparison of the department s building permit fees to those of other municipalities in south western Ontario and found that our fees are slightly below average. Using single family dwellings as a comparator, our fees are less than those of Strathroy Caradoc, Thames Centre and the City of London. Staff will reassess this matter in anticipation of a fee review in Year End Reports The following tables provide details pertaining to types of permits, previous years activities, fees and construction values and a commercial/industrial summary. Annual Summary and Comparison with Previous Years TYPE 2010 Permits 2011 Permits 2012 Permits 2013 Permits 2014 Permits New Single Family Dwelling New Semi Detached Residential Dwelling Condominium / (4 units) Apartment Building Single Family Additions, Decks, Fireplaces etc. Garages /Sheds Swimming Pools Commercial/Industrial

15 Report Number PDSD-B Agricultural Buildings Institutional Buildings Signs Demolitions Plumbing Septic Moving Park Model Trailer / Mobile Homes/Other Total Permits Value $81,669, $29,283, $34,299, $41,283, $46,136, Housing Starts Comparison of Permit Fees and Development Charges for 2010, 2011, 2012, 2013 and Permit Fees (Building, Plumbing & Septic) Development Charges Collected $320, $270, $311, $325, $332, $1,118, $742, $941, $1,049, $1,004, Housing Starts The following table summarizes housing starts throughout the Municipality for the past five years: LOCATION Delaware Rural Area (former Delaware Township) Kilworth Komoka Coldstream, Poplar Hill Rural Area (former Lobo Township) Ilderton Arva Birr

16 Report Number PDSD-B Melrose Ballymote Denfield Bryanston Rural Area (former London Township) TOTAL HOUSING STARTS Commercial / Institutional / Industrial Summary PROJECT TYPE NUMBER PERMITS AGGREGATE PROJECT VALUES AGGREGATE SQUARE FT. Commercial - New/Addition 3 $625, ,065 - Alteration/Reno 5 $720, ,942 Commercial Totals 8 $1,345, ,007 Institutional - New/Addition 6 $6,540,087 17,731 - Alteration/Reno 3 $740, ,589 Institutional Totals 9 $7,280, ,320 Industrial - New/Addition 1 $50, Alteration/Reno Industrial Totals 1 $50, Building/Plumbing/Septic Inspections (excluding Lucan Biddulph) Number of inspections completed by Middlesex Centre Building Officials: Year # of Inspections Septic Systems Approved: TYPE # APPROVED Raised Bed 4 Traditional 31 TOTAL 35 New Septic Systems: Repairs: TOTAL: 30 Permits 5 Permits 35 Permits Lucan Biddulph Building and By-law Enforcement Activity for permits issued for a value of approximately $16.8 million. Revenue from providing building inspection services for Lucan Biddulph approximately $56,000. Revenue from providing By-law enforcement services for Lucan Biddulph - approximately $5,000. Conducted approximately 650 site visits (Building and By-law Enforcement combined)

17 Report Number PDSD-B Recommendation THAT the 2014 Planning and Development Services Year End Summary be received. CO-PREPARED BY: Claudia Thar, Administrative Assistant CO-PREPARED AND REVIEWED BY: REVIEWED BY: Arnie Marsman, CBCO Director of Planning & Development Services/ Chief Building Official Michelle Smibert, M.P.A, B.A., CMO Chief Administrative Officer - 6 -

18 STAFF REPORTS

19 MUNICIPALITY OF MIDDLESEX CENTRE STAFF REPORT Administration To: Council For: Jan 28/15 Submitted by: Stephanie Troyer-Boyd Informationn Action Other Number: C SUBJECT: Request to Purchase Municipally Owned Property PURPOSE To authorize the sale of municipally owned property to Terry and Barbara Jones. BACKGROUND Council has been requested on more than one occasion to considerr the sale of municipally owned property at Concession 8 Part Lot 8 former Township of Lobo (map attached) from Terry and Barbara Jones. Initially, Council decided to defer the disposition of the property pending the OMB decision being rendered regarding the future use of the land immediately west of the unopened road allowance. After the OMB decision was made on the abutting land, the Jones again came to Council and requested that they be allowed to purchase the aforementioned property. Council again considered the request in October 2014 and passed the following resolution: THAT the 20 metre wide strip on Coldstream Road legally described as Con 8 Pt Lot 8 Parts 5, 15 and 18 33R be declared surplus to the needs of the municipality and; FURTHER THATT the lands be sold directly to a landowner in accordance with Sections 3.4 and 3.5 of By-Law No ; it being noted that there is a municipal interest and objective of facilitating residential development in the Poplar Hill-Coldstream settlement area as envisaged by the Official Plan. In accordance to By-Law No (Disposition of Property By-Law), the proposed sale of surplus land was advertised and any comments were to be received by January 2, Comments received from James and Sylvia Brown are attached. RECOMMENDATION THAT the Mayor and Clerk be authorized to sign any necessary documents to execute the sale of the property legally described as Con 8 Pt Lot 8 designated ass Parts 5, 15 and 18 on 33R to Terry and Barbaraa Jones; and FURTHER THAT the purchasers be required to pay all costs relating to the sale of the land including but not limited to any survey, legal and administrative costs. Submitted by: Reviewed by: Stephanie Troyer-Boyd Clerk Michelle Smibert CAO

20 Ms. Troyer-Boyd: The following comments are being submitted as a result of Middlesex Centre s Notice in the December 24, 2014 issue of the Banner regarding the possible sale of land at Con 8 Lot 8 RP Parts 5,15 (Lobo Township), with any response being required by today, January 2, Please make these comments available to all members of Council. Council has been aware for several years of our interest and involvement with the land through various activities involving our land adjacent to the west, including a Plan of Subdivision. Our present councillor, Sharon McMillan was Township Clerk during a number of the early years. On July 10, 2014 we outlined in a letter to Council, through you, our and some public interest in retaining this road allowance. We believe the following information must be considered by Council before any further action is taken. 1. There was an agreement with the Township s full support that we (owners of Part 9) and the Kloostermans (previous owners of Part 5) exchange our 66 foot strips of land. This agreement was evidenced by our Application B16/89 and the Kloostermans Application B15/89, and both were supported by the Lobo Township Committee of Adjustment. This took place years before our eventual application for Plan of Subdivision. The exchange would satisfy the Township s requirement that any future development to the west would have access to Coldstream Road further north ín the middle of Block A. We paid a total of $ in application, legal and surveying fees for this exchange, including $500 paid directly to the Kloostermans. 2. A very few days before the exchange of lands deadline, the Kloostermans indicated that they would not deliver their stamped Deed until and unless we agreed to a right-of-way agreement over the lands they were to convey to us. This was not part of the original Agreement which was for a complete exchange of lands without conditions. 3. The Kloostermans subsequently obtained a new Consent for the same lands (B1/94) and that Deed was endorsed by Lobo Township s Committee of Adjustment for the same piece of land that the Kloostermans had previously agreed to convey to us. 4. The Township facilitated this new Consent for the Kloostermans in which Part 5 was deeded to the Township, instead of being directly exchanged with us. If the intended exchange had occurred we would have provided Part 5 to the Township through the Plan of Subdivision. 5. The Kloostermans refused to reimburse us for any of the expenses incurred in the agreed-upon exchange of land, their solicitor stating that we believe that the Browns have received what they wanted from the Kloostermans, namely the 66 foot road allowance which is now Part 5 on Plan 33R-

21 12486.The Browns have also retained the title to the lands which are Part 9 on Plan 33R The Draft Plan of Subdivision lapsed in 2012 and our remaining lands beyond the Draft Plan of Condominium lands were removed from the settlement area by the Municipality in Part 5 remained the property of the Municipality. 7. If the Municipality is to dispose of Part 5 we must have first opportunity in the consideration of its disposal. We are presently involved with Middlesex Centre, Spriett Associates and the St. Clair Regional Conservation Authority in obtaining an access for our property (Part 8, Lot 8) to the Coldstream Road over Part 9. This will involve a crossing of the Colvin Drain and associated lowlands. This particular lot will be created once we have satisfied the condition relating to this crossing. In the unlikely event of failing to be able to provide a crossing over Part 9, the only other access point to Coldstream Road would be via Part 5 which the Municipality is considering disposing of. We have previously indicated to the Municipality that we have an interest in Part 5 stemming from past development activities. We are hereby requesting that Middlesex Centre not make any arrangement for the disposal of Part 5, whether to us or any other party, until it is absolutely confirmed and ensured that we can obtain access to Coldstream Road via Part 9. Please acknowledge receipt of our comments, and inform us in writing of Council s comments and actions regarding this property. Sincerely, James and Sylvia Brown

22 MUNICIPALITY OF MIDDLESEX CENTREE ADMINISTRA ATION CHIEF ADMINISTRATIVE OFFICER To: Council For: January 28,2015 Submitted by: Michelle Smibert Chief Administrative Officer Date: January 28,2015 For: Information Action Other Number: CAO-2015/02 Page 1 Subject: Early Retirement Benefits Policy PURPOSE: To adopt the amendedd policy. BACKGROUND: At the December 17 th Council meeting, direction was provided to staff to amend the early etirement benefit policy so that the eligibility criteria reflected an 85 factor and that the municipality would co-pay until the age of 65. The updated policy with the changes recommended by council is attached to this report. RECOMMENDATION: That the attached Early Retirement Benefits Policy be adopted. Respectfully Submitted, Michelle Smibert Chief Administrative Officer

23 SUBJECT: Early Retirement Benefits Policy SECTION: GENERAL GOVERNMENT SUBSECTION: HUMAN RESOURCES DATE APPROVED BY COUNCIL: January 23, 2013 Amended : Early Retirement Benefits Policy Intent To establish criteria for employees of the Municipality to receive health and dental benefits following early retirement. Policy Permanent, full time employees who take early retirement when reaching the 85 factor (being the addition of the employees age and years of service within the municipal sector) and who are not already 65 years of age are eligible to participate in cost sharing of dental and health benefits subject to the following criteria being met: 1. The retiring employee must have at least 20 years of service with Middlesex Centre. 2. The retiring employee must pay 50% of the premium. 3. The benefits shall cease at the age of 65. Date Version Comments Approval Amended in Feb Council resolution on Dec ,2014 to change eligibility

24 MUNICIPALITY OF MIDDLESEX CENTRE STAFF REPORT FIRE SERVICES To: Council For: January 28, 2015 Submitted by: Ken Sheridan Date: January 22, 2015 For: Information Action Other Number: FS Page 1 of 5 Subject: Fire Dispatch Overview Report Purpose: To inform Council of the current overview of the fire dispatch service. Background: Fire dispatching services in Middlesex County (the County) is handled by Strathroy- Caradoc Police Services. A service contract allows for a business relationship to exist between all eight (lower tier) municipalities to receive such a service facilitated through the County. This contract was enabled on March 31, Middlesex County Engineer Mr. Chris Traini, is the manager of the agreement and Mr. John Elston, Middlesex County Safety and Standards Officer & Fire Prevention Officer administers the day-today aspects of the managing the contract of the County s behalf. A standing Fire Dispatch committee is established and consists of Mr. John Elston, Mr. Arend Noordhoff Middlesex County Mutual Aid Coordinator & fire chief of Adelaide-Metcalf Fire Department, and Sgt. Paul Landers - Strathroy-Caradoc Police Services. Middlesex County chief administrative officer Mr. Bill Rayburn is canvassing all eight municipalities receiving service from Strathroy-Caradoc Police Services for fire dispatching purposes to explore potential enhancements, suggestions/concerns with the current service provided. Middlesex Centre Fire Services responds to approximately 325 emergency calls per year from our five stations. The remaining fourteen County fire stations respond to over one thousand calls cumulative. As with most new processes or concepts issues have arisen and in time been resolved through cooperation of Strathroy-Caradoc Police Services, and Middlesex Centre Fire Services. Some issues however have been identified based solely on safety from an industry standard and practical approach. These issues can be easily corrected by procedural changes with little or no financial impact. They are: 1) Use of a single radio channel to dispatch nineteen all fire stations * and having the operations of an emergency incident operated on the dispatch channel.

25 STAFF REPORT 2) Use of a single tactical channel. Currently there is one (tactical/operations) channel for use by all fire stations. * 3) Having a limited standard operating guideline for fire radio procedures, including MAYDAY calls and emergency message traffic. The following are considerations for recommendation to respond to the County in regards to their solicitation for feedback: Operational Considerations: 1) Expand the standard operating guideline for all county fire radio procedures. This should include paging, response modes and MAYDAY procedures. All dispatch personnel, as well as all firefighters, should be versed in the specific operational procedures to be used with the multi-channel system, as well as their respective responsibilities. This should be in the form of a written procedure or guideline and integrated training opportunities be accommodated. All Middlesex County fire department directors and County representatives responsible for the fire radio system should discuss and review the NFPA guidelines that reflect the proper use of radio procedures on the fireground/emergency scene from both a dispatch perspective and firefighter perspective. It would of great benefit to have all stations or all the municipal fire departments speaking the same language and utilizing the same procedures. This should include a variety of calls including carbon monoxide calls where some may not be emergent. 2) Utilize additional fireground channels. Currently there are two (2) channels that all stations can use, a) the dispatch channel and the tactical channel. These channels are repeated and recorded at fire dispatch. Also available is the OFM (Office of the Fire Marshal & Emergency Management) channel (not recorded) and **Strathroy-Caradoc Fire Services utilizes two of their own channels, one for dispatching their three stations and one as an operational channel. The OFM channel should not be used for any emergency operations, however perhaps water tanker shuttle operations may be appropriate. Very recently, the County has issued a directive to change the dispatching operational protocol to enhance safety regarding paging and conducting fireground operations on the same channel. This change takes effect on February 9, In an effort to avoid that, once dispatched apparatus responding to that incident will be informed to switch to the operation channel to conduct emergency scene operations. This is a definite step in the right direction. Should a second emergency come in completely unrelated to the already ongoing call, those responding units will be paged and operate on the same channel as is done currently. This causes a very difficult and potentially dangerous situation should a third call be received by dispatch. With a total of 19 fire stations to dispatch, this scenario is historical and most likely predicable especially during storms, dry seasons (grass fires), and acts of arson or terrorism. For this reason a system that can accommodate real and potential demands should be considered.

26 Technical Consideration: STAFF REPORT It might be prudent to take a look at the technical equipment to that each municipality, in harmonization with the County, can unify radio equipment and procedures. This may take some time however a plan should be established of how to reach this goal. Recommendation: THAT the Fire Dispatch Overview Report be received as information. Submitted by: Ken Sheridan Director/Fire Chief, Fire Services Reviewed by: Michelle Smibert Chief Administrative Officer References: APPENDIX IAFF (International Association of Firefighters) has an excellent document outlining the considerations of fire service radio demands and needs. It can be viewed online at: Research paper from the United States FEMA organization and published on the internet at: NFPA 1500, "Standard on Fire Department Occupational Safety and Health Program," Chapter "The fire department shall establish and ensure the maintenance of a fire dispatch and incident communication system that meets the requirements of Section 3-6 of NFPA 1561, "Standard for Fire Department Incident Management System" (NFPA 1500, 1992, p. 20).

27 STAFF REPORT NFPA 1561, Standard for Fire Department Incident Management System,", Chapter 3-6. Chapter required that communication systems follow a standardized method of transmitting emergency messages and notifications of imminent hazards to all levels of the command structure at emergency scenes. Chapter required the fire department to establish standard operating procedures (SOPs) for communications "operators" and "dispatchers" to "provide support to emergency incident operations" (NFPA 1561, 1990, p. 8). The terms "operator," "dispatcher," and "provide support to" were not further defined. NFPA 1201, "Standard for Developing Fire Protection Services for the Public," addressed fire service communications comprehensively in Chapter 16. Fire departments must provide a "reliable communications system" that complies with NFPA 1221 (NFPA 1201, 1994, p. 16). All field units available for dispatch to emergencies must be radio equipped and capable of constant communications with dispatchers (NFPA 1201, 1994, p.17). All chief officers and company officers must be provided with a portable radio while assigned to emergency duty (NFPA 1201, 1994, p. 17). NFPA 1201 Chapter states that "Sufficient radio frequencies shall be provided to accommodate the operational needs of the fire department...based upon the amount of radio traffic that is anticipated..." (NFPA 1201, 1994, p. 17). NFPA 1221, "Standard for the Maintenance and Use of Public Fire Service Communication Systems," 1994 Edition, further identified the components of a safe, efficient and reliable communications system. Chapter stated that "A separate frequency shall be provided for fire ground communications for jurisdictions or multiple jurisdictions on the same channel receiving 2500 or more alarms per year or where multiple jurisdictions share a common radio frequency" (NFPA 1221, 1994, p. 20). Chapter stated that "Radio dispatch channels shall be separate from radio channels used for routine or fireground communications" (NFPA 1221, 1994, p. 19). NFPA 1221 also addressed the subject of communications office staffing. Chapter stated that communications centers handling more than 600 alarms per year shall have a sufficient number of operators to affect the prompt receipt and processing of and request for fire department services as follows: (1) Ninety-five percent of alarms shall be answered within 30 seconds, and in no case shall the initial operator response to an alarm exceed 60 seconds. (2) The dispatch of the appropriate fire services shall be made within 60 seconds after completed receipt of an emergency alarm (NFPA 1221, 1994, p. 8).

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29 MUNICIPALITY OF MIDDLESEX CENTRE Planning and Development Services Department By-law Enforcement Division To: Council For: January 28, 2015 Submitted by: Arnold D. Marsman Director, Planning & Development Services Chief Building Official For: Information Action Other Number: PDSD-BY SUBJECT: Building Inspector Appointment Ben Hartman PURPOSE To advise Council of recent inter-departmental cooperation and training successes, specifically with respect to Ben Hartman, Water Meter Technician, and recommend that council pass a by-law appointing Ben as a Building Inspector. BACKGROUND In the past year, Ben Hartman has been working towards qualifying himself as a building inspector. Ben, currently a licensed plumber in the Province of Ontario, would be a great asset to the Building Department to assist with plumbing inspections on an as needed basis. In order to conduct a building inspection in Ontario, a person must pass the appropriate exams, register themselves with the Ministry of Municipal Affairs and Housing and be appointed by Council as a Building Inspector. Ben has successfully passed the required exams to act as a plumbing inspector. In addition to the above, our department will be proceeding with a backflow prevention program this year, in which Industrial, Commercial and Institutional users of the water system will be requested to provide testing of existing backflow preventers. Where these are not in place, we will be requesting that backflow devices be installed. Ben will be a great asset in regard to this program and the appointment will be helpful in inspecting existing meters and backflow preventer assemblies. RECOMMENDATION THAT a By-Law be approved appointing Ben Hartman as a Building Inspector. PREPARED BY: Reviewed By: Arnie Marsman, CBCO Director of Planning & Development Services/ Chief Building Official Michelle Smibert, M.P.A, B.A., CMO Chief Administrative Officer

30 DELEGATIONS

31 23550 Highbury Avenue North Consent & Rezoning Applications

32 The Subject Lands Lands to be Retained: ha (93.35 ac) Lands to be Severed: 2.05 ha (5.07 ac)

33 Proposal Consent Sever a surplus farm residence and Dog Kennel operation with a lot area of 2.05 ha from a farm operation with a total lot area of ha. Rezoning Rezone the retained parcel to recognise a reduced lot area below the requirement Lot area of ha whereas 40.0 ha is required Rezone the severed parcel to permit a residential use along with the Dog Kennel use while prohibiting livestock, other agricultural uses, and construction of new dwellings.

34 Items for Consideration Dog Kennel Business operated by residents of surplus dwelling Nomaximum lot area is provided for DogKennel orsurplus dwelling uses. Lot Size/Shape Location of house, kennel, accessory buildings, and vegetation tti provides a defined lot size and shape. Attempts to reduce lot size result in an irregular shaped lot which can be very difficult to farm.

35 Items for Consideration Accessory Buildings There are 2 barns, one detached garage, kennel building, and utility shed on the proposed p severed property. p Barn was location of current residents wedding last summer. Any nonessential interior structures or features (e.g. stalls) of the barns have been removed and are not used for livestock purposes. Currently used as storage space for home and business uses. Provides for possible future expansion space for the Dog Kennel use (indoor dog runs, training facility, dog agility runs). Additional Items Cost associated with the removal of barns, utility shed, vegetation relocation of septic systems in an attempt to reduce lot size resulted in a fee of $250,000 plus man hours to return land to farmable state. Is not economically viable for the amount of land being converted and resulting lot y g g shape and size (irregular key shaped) would be very difficult to maneuver farm equipment in.

36 Thank you! I ll be happy to address any questions from Ill be happy to address any questions from Council at this time.

37 COMMITTEE OF COMMITTEE OF ADJUSTMENT

38 MUNICIPALITY OF MIDDLESEX CENTRE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT To: Council and Committee of Adjustment Date: January 28, 2015 Submitted by: Ben Puzanov For: Information Action Other Number: PDSD-P-6-15 Subject: Applications for Consent (B-26/14) and Zoning By-law Amendment Owners: Pete and Lynn McClary Location: Highbury Avenue North Roll No.: Background The purpose of this report is to provide Council and the Committee of Adjustment with a recommendation regarding the proposed severance of a surplus farm residence and an associated zoning by-law amendment application. A location map is included in Attachment 1. The subject proposal was deferred by Council and the Committee on October 15, 2014 so that the applicant could consider alternative lotting configurations for the parcel proposed to be severed. The applicant has opted not to alter the original submission and requested for staff to again present the proposal for Council and Committee s consideration. Purpose and Effect of Consent Application B-26/14 The purpose and effect of the consent application is to sever a surplus farm residence and four accessory buildings on a lot with a lot frontage of approximately 100 metres (328 ft) along Highbury Avenue North (County Road 23) and an area of approximately 2.05 hectares (5.07 ac) from a farm holding with a lot frontage of approximately 602 metres (1,975 ft) along Fourteen Mile Road, a flankage of approximately 662 metres (2,171.9 ft) along Highbury Avenue North and a lot area of approximately hectares (98.4 ac). Purpose and Effect of the Zoning By-law Amendment Application The purpose and effect of the zoning by-law amendment application is to implement the above-noted severance by rezoning the parcel proposed to be severed to a zone which would permit the residential use of the land and prohibit livestock and by prohibiting new dwellings from being constructed on the parcel proposed to be retained. The new lot area of the parcel proposed to be retained would also need to be recognized as the Comprehensive Zoning By-law requires a minimum lot area of 40 hectares (98.8 ac), whereas the farm holding would have an area of approximately hectares (93.35 ac). An illustration of the proposal is included in Attachment 2.

39 PDSD-P-6-15 Applications for Consent (B-26/14) and Zoning By-law Amendment Pete and Lynn McClary Analysis The subject property is located within an Agricultural Area according to the County of Middlesex Official Plan and is designated Agriculture by the Middlesex Centre Official Plan. The land is zoned Agricultural (A1) by the Middlesex Centre Comprehensive Zoning By-law. The criteria for proposals to sever surplus farm residences, as noted in Middlesex Centre s Official Plan, are below: d) Consent to sever a residence surplus to a farming operation as a result of farm consolidation may be permitted, provided the following conditions are satisfied: i. Farm consolidation occurs or has occurred through the acquisition of an additional farm property. ii. The farming operation consists of at least two farms. The farms may be located in different municipalities and the registered ownerships of the farms need not necessarily be identical provided it is demonstrated that the farms are operated as a single operation. iii. The farming operation demonstrates that the acquired farm has rendered a residence surplus to the needs of the operation. iv. The residence was constructed prior to January 1, v. The residence is habitable, as determined by the Municipality s Chief Building Official. vi. The lot for the surplus farm residence is limited to the minimum size needed to accommodate the use and appropriate sewage and water services, including contingency areas. The loss of agricultural land shall be avoided wherever possible when determining an appropriate lot size. Environmental features, including but not limited to natural heritage features and natural hazards, will also be avoided when determining an appropriate lot size. vii. That safe ingress/egress for vehicles is possible for both resulting lots, which may necessitate new road entrances or road upgrades to be undertaken at the expense of the applicant. Environmental features, including but not limited to natural heritage features and natural hazards, will be avoided when considering new road entrances or road upgrades. viii. If required, a revised assessment schedule in accordance with the Drainage Act, as amended, is commissioned and paid for by the applicant. ix. The lot creation for the surplus farm residence is to comply with the Minimum Distance Separation I formula if there are livestock buildings on the remnant farm. x. Livestock are prohibited on the residential lot, specifically through the Municipality s Comprehensive Zoning By-law.

40 PDSD-P-6-15 Applications for Consent (B-26/14) and Zoning By-law Amendment Pete and Lynn McClary 3 xi. xii. xiii. xiv. xv. A notice is registered on the title of the lot that is to accommodate the surplus farm residence; specifically notifying future owners of normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended. New residences are prohibited on any remnant farm lot resulting from the severance, specifically through the Municipality s Comprehensive Zoning By-law. If the remnant farm lot does not meet the minimum lot area and lot frontage standards of the Comprehensive Zoning By-law, the new minimum lot area and lot frontage that result are to be recognized through an implementing zoning by-law amendment. This requirement shall not apply if the remnant farm is merged in title with an abutting farm. There are no negative impacts on natural and built heritage features as a result of the severance. Natural hazard concerns relating to the severance are addressed to the satisfaction of the conservation authorities that have jurisdiction in the area. Planning staff is of the opinion that the criteria for the severance of a surplus farm residence have not been met by the submitted proposal. In addition to being located approximately 90 metres (295.3 ft) from the front lot line, the single-detached dwelling and its ancillary detached garage are located immediately adjacent to a dog kennel. The septic system associated with the dog kennel extends approximately 15 metres (49.2 ft) to the east. The owner has also included two barns, which accommodate a horse and turkeys, on the parcel proposed to be severed. As noted in a previous report to Council and the Committee of Adjustment, staff is of the opinion that the 2.05 hectare (5.07 ac) parcel proposed to be severed is far larger than is necessary to accommodate the residential use and appropriate sewage and water services, including contingency areas. Staff recognizes that the location of the dog kennel in relation to the dwelling and detached garage is problematic. To this end, staff suggested to the owners planning consultant that alternatives be explored that do not include the barns and consider a reconfiguration of the kennel s outdoor area and a relocation of its private sewage disposal system. The owners have opted to proceed with the proposal as originally submitted. The severance provisions for surplus farm residences are intended to permit farmers to dispose of excess farm houses on lots that are of sizes that are appropriate to accommodate residential uses. Staff is of the opinion that the submitted proposal has not satisfied this criterion.

41 PDSD-P-6-15 Applications for Consent (B-26/14) and Zoning By-law Amendment Pete and Lynn McClary Recommendation THAT Consent Application B-26/14, filed by Pete and Lynn McClary in order to sever a surplus farm residence on a lot with a lot frontage of approximately 100 metres along Highbury Avenue North (County Road 23) and an area of approximately 2.05 hectares; from a property legally described as Part of Lot 8, Concession 14 (geographic Township of London), Municipality of Middlesex Centre; be DENIED. FURTHER THAT should the Committee grant Consent Application B-26/14, the following conditions be attached to the decision: 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. 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality s Fees and Charges By-law. 3. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owners. 4. That the Zoning By-law Amendment for the severed and retained lots of Consent B-26/14 be in full force and effect. 5. That a notice be registered on the title of the severed lot of Consent B- 26/14; specifically notifying future owners of normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended. 6. That the Owners provide a road widening dedication to the County of Middlesex of up to 18 metres from the centreline of County Road 23 along the entire frontage of the severed parcel of Consent B-26/14. FURTHER THAT the reasons for denying Consent Application B-26/14 include: The proposal is not consistent with the Provincial Policy Statement; and The proposal does not conform to the County of Middlesex Official Plan or the Middlesex Centre Official Plan. AND FURTHER THAT the Zoning By-law Amendment application, filed by Pete and Lynn McClary for the severed and retained lots of Consent B- 26/14 in order to implement the severance of a surplus farm residence, be DENIED.

42 PDSD-P-6-15 Applications for Consent (B-26/14) and Zoning By-law Amendment Pete and Lynn McClary 5 Respectfully submitted, PREPARED BY: REVIEWED BY: Ben Puzanov, M.P.A., M.PL., MCIP, RPP Senior Planner Michelle Smibert, M.P.A., B.A., CMO Chief Administrative Officer Attachments Attachment 1: Location Map Attachment 2: Proposal

43 PARCEL PROPOSED TO BE RETAINED PARCEL PROPOSED TO BE SEVERED LOCATION MAP Owners: Pete and Lynn McClary Applications: Consent B-26/14 and Zoning By-law Amendment Location: Highbury Ave North Address Numbers Water Bodies Open Space Golf Courses Assessment Parcels LEGEND Scale: 1:7500

44

45 MUNICIPALITY OF MIDDLESEX CENTRE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT To: Committee of Adjustment Date: January 28, 2015 Submitted by: Ben Puzanov For: Information Action Other Number: PDSD-P-3-15 Subject: Minor Variance Application A-1/15 Owner: Kerri Lynn Montgomery Agent: Henry Thuss Location: Amiens Road Roll No.: Background The purpose of this report is to provide the Committee of Adjustment with a recommendation regarding a Minor Variance application for a property that is located on the east side of Amiens Road and north of Gold Creek Drive. A location map is included in Attachment 1. The purpose of the application for Minor Variance is to seek relief from the Middlesex Centre Comprehensive Zoning By-law as it relates to the location and height of a proposed residential accessory building. The effect of the proposal is to permit the construction of a detached garage closer to the front lot line than an existing singledetached dwelling. The proposed building would have a height of 7.62 metres (25 ft). The square metre (1,500 sq ft) detached garage is proposed to be located approximately metres (269 ft) from the front lot line. The Comprehensive Zoning By-law restricts the heights of residential accessory buildings on the subject property to 6.5 metres (21.3 ft) and does not permit such buildings to be located in front yards or closer to the front lot line than the dwelling on the property. An illustration of the proposal is included in Attachment Analysis Section 45(1) of the Planning Act authorizes the Committee of Adjustment to grant relief from Comprehensive Zoning By-law requirements if a request is deemed to be desirable for the appropriate development or use of the land, building or structure; the requested relief is minor; and the general intent and purpose of both the Official Plan and Comprehensive Zoning By-law are maintained. Planning staff visited the site with the County s Woodlands Conservation Officer in order to discuss the location and height of the proposed detached garage with the owner s agent. The building site that would accommodate the garage was selected because of the restrictions posed by the location of significant woodlands on the property as well as the regulation limit of the St. Clair Region Conservation Authority. In addition to being screened from Amiens Road by vegetation, there is a considerable grade difference between the municipal road and the proposed building site. The significant distance of the proposed garage from Amiens Road further reduces the impact from the requested minor variance.

46 PDSD-P-1-15 Minor Variance Application A-1/15 Kerri Lynn Montgomery 2 The agent notes that an existing detached sunroom that has an area of approximately 30 square metres (323 sq ft) and is located to the east of the dwelling would be removed if the requested minor variance is granted; thus negating the need to request an increase in the lot coverage that is permitted for accessory buildings on the property. In all, Planning staff is satisfied that the requested height and location for the proposed accessory building are acceptable. 3.0 Recommendation THAT Minor Variance Application A-1/15, filed by Henry Thuss on behalf of Kerri Lynn Montgomery for relief from the Middlesex Centre Comprehensive Zoning By-law in order to construct a detached garage with a height of 7.62 metres closer to the road than a singledetached dwelling; for a property legally described as Part of Lot 1, Concession 5 (geographic Township of Lobo), Municipality of Middlesex Centre and known municipally as Amiens Road; be GRANTED. FURTHER THAT Minor Variance A-1/15 be subject to the following conditions: 1. That the detached garage to be constructed via Minor Variance A- 1/15 be generally constructed in the location shown on the lot plan submitted in support of the minor variance application. 2. That the final location of the detached garage to be constructed via Minor Variance A-1/15 be to the satisfaction of the County s Woodlands Conservation Officer in order to ensure that there is no adverse impact on the significant woodlands on the property. 3. That the existing detached sunroom be removed from the property and that this be done with all of the appropriate permits from the Municipality s Building Division. AND FURTHER THAT the reasons for granting Minor Variance Application A-1/15 include: The request complies with the general intent and purpose of the Middlesex Centre Official Plan; The request complies with the general intent and purpose of the Middlesex Centre Comprehensive Zoning By-law; The request is minor in nature; and The request represents an appropriate use on the subject property.

47 PDSD-P-1-15 Minor Variance Application A-1/15 Kerri Lynn Montgomery 3 Respectfully submitted, PREPARED BY: REVIEWED BY: Ben Puzanov, M.P.A., M.PL., MCIP, RPP Senior Planner Michelle Smibert, M.P.A., B.A., CMO Chief Administrative Officer Attachments Attachment 1: Location Map Attachment 2: Proposal

48 LOCATION MAP Owner: Kerri Lynn Montgomery Agent: Henry Thuss Application: Minor Variance A-1/15 Location: Amiens Road Address Numbers Water Bodies Open Space Golf Courses Assessment Parcels LEGEND Scale: 1:10100

49

50 MUNICIPALITY OF MIDDLESEX CENTRE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT To: Council and Committee of Adjustment Date: January 28, 2015 Submitted by: Ben Puzanov For: Information Action Other Number: PDSD-P-5-15 Subject: Applications for Consent (B-1/15) and Zoning By-law Amendment Owner: Norman Peel Agent: Janet Gibbons Location: Charlton Drive Roll No.: Background The purpose of this report is to provide Council and the Committee of Adjustment with a recommendation regarding a proposed severance of a surplus farm residence and an associated zoning by-law amendment application. A location map is included in Attachment 1. Purpose and Effect of Consent Application B-1/15 The purpose and effect of the consent application is to sever a surplus farm residence on a lot with a lot frontage of approximately 194 metres ( ft) along Charlton Drive and an area of approximately 2.8 hectares (6.92 ac) from a farm holding with a lot frontage of approximately 302 metres ( ft) along Charlton Drive and a lot area of approximately hectares (50 ac). Purpose and Effect of the Zoning By-law Amendment Application The purpose and effect of the zoning by-law amendment application is to implement the above-noted severance by rezoning a portion of the parcel proposed to be severed to the Surplus Residence (SR) zone in order to permit the residential use of the land and prohibit livestock. A portion of the parcel proposed to be severed is proposed to be rezoned to Open Space (OS). The applicant is also seeking to rezone the parcel proposed to be retained via consent application B-1/15 to the Agricultural No Residences (A3) zone in orde to prohibit new dwellings from being constructed on the parcel proposed to be retained. The A3 zone would also recognize the reduced lot area and lot frontage of the parcel proposed to be retained. The current zone that applies to the land requires a minimum lot area of 40 hectares (98.8 ac) and a minimum lot frontage of 300 metres ( ft), whereas the farm holding would have an area of approximately hectares (43.12 ac) and a lot frontage of approximately 108 metres ( ft). An illustration of the proposal is included in Attachment 2.

51 PDSD-P-5-15 Applications for Consent (B-1/15) and Zoning By-law Amendment Norman Peel Analysis The subject property is located within an Agricultural Area according to the County of Middlesex Official Plan and is designated Agriculture by the Middlesex Centre Official Plan. The land is zoned Agricultural (A1) by the Middlesex Centre Comprehensive Zoning By-law. The criteria for proposals to sever surplus farm residences, as noted in Middlesex Centre s Official Plan, are as follows: d) Consent to sever a residence surplus to a farming operation as a result of farm consolidation may be permitted, provided the following conditions are satisfied: i. Farm consolidation occurs or has occurred through the acquisition of an additional farm property. ii. The farming operation consists of at least two farms. The farms may be located in different municipalities and the registered ownerships of the farms need not necessarily be identical provided it is demonstrated that the farms are operated as a single operation. iii. The farming operation demonstrates that the acquired farm has rendered a residence surplus to the needs of the operation. iv. The residence was constructed prior to January 1, v. The residence is habitable, as determined by the Municipality s Chief Building Official. vi. The lot for the surplus farm residence is limited to the minimum size needed to accommodate the use and appropriate sewage and water services, including contingency areas. The loss of agricultural land shall be avoided wherever possible when determining an appropriate lot size. Environmental features, including but not limited to natural heritage features and natural hazards, will also be avoided when determining an appropriate lot size. vii. That safe ingress/egress for vehicles is possible for both resulting lots, which may necessitate new road entrances or road upgrades to be undertaken at the expense of the applicant. Environmental features, including but not limited to natural heritage features and natural hazards, will be avoided when considering new road entrances or road upgrades. viii. If required, a revised assessment schedule in accordance with the Drainage Act, as amended, is commissioned and paid for by the applicant. ix. The lot creation for the surplus farm residence is to comply with the Minimum Distance Separation I formula if there are livestock buildings on the remnant farm. x. Livestock are prohibited on the residential lot, specifically through the Municipality s Comprehensive Zoning By-law.

52 PDSD-P-5-15 Applications for Consent (B-1/15) and Zoning By-law Amendment Norman Peel 3 xi. xii. xiii. xiv. xv. A notice is registered on the title of the lot that is to accommodate the surplus farm residence; specifically notifying future owners of normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended. New residences are prohibited on any remnant farm lot resulting from the severance, specifically through the Municipality s Comprehensive Zoning By-law. If the remnant farm lot does not meet the minimum lot area and lot frontage standards of the Comprehensive Zoning By-law, the new minimum lot area and lot frontage that result are to be recognized through an implementing zoning by-law amendment. This requirement shall not apply if the remnant farm is merged in title with an abutting farm. There are no negative impacts on natural and built heritage features as a result of the severance. Natural hazard concerns relating to the severance are addressed to the satisfaction of the conservation authorities that have jurisdiction in the area. Planning staff is of the opinion that the criteria for the severance of a surplus farm residence have not been met in the submitted proposal. The lot that is proposed to house the surplus farm residence far exceeds what is necessary to accommodate the residential use and appropriate sewage and water services, including contingency areas. Staff have had multiple discussions with the owner about the criteria to sever surplus farm residences, as outlined by the Middlesex Centre Official Plan. While it is appreciated that the land contains extensive landscaping and ornamental vegetation, the intent of the surplus farm residence provisions is to allow farmers to dispose of surplus dwellings rather than afford applicants the ability to create estate lots in a prime agricultural area of the community. The split zoning that is requested for the lot that is proposed to be severed would not facilitate conformity with the lot area restrictions that are outlined by the Middlesex Centre Official Plan for such proposals. 3.0 Recommendation THAT Consent Application B-1/15, filed by Janet Gibbons on behalf of Norman Peel in order to sever a surplus farm residence on a lot with a lot frontage of approximately 194 metres along Charlton Drive and an area of approximately 2.8 hectares; from a property legally described as Part of Lot 6, Concession 11 (geographic Township of Lobo), Municipality of Middlesex Centre; be DENIED. FURTHER THAT should the Committee grant Consent Application B-1/15, the following conditions be attached to the decision: 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.

53 PDSD-P-5-15 Applications for Consent (B-1/15) and Zoning By-law Amendment Norman Peel 4 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality s Fees and Charges By-law. 3. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner. 4. That the Zoning By-law Amendment for the severed and retained lots of Consent B-1/15 be in full force and effect. 5. That a notice be registered on the title of the severed lot of Consent B- 1/15; specifically notifying future owners of normal farm practices, as outlined in the Farming and Food Production Protection Act, 1998, as amended. 6. That the purchaser of the retained lot of Consent B-1/15 provide confirmation that he or she will operate at least two farms following the purchase of the land and that the dwelling on the severed lot of Consent B-1/15 is surplus to the needs of the farming operation. FURTHER THAT the reasons for denying Consent Application B-1/15 include: The proposal is not consistent with the Provincial Policy Statement; and The proposal does not conform to the County of Middlesex Official Plan or the Middlesex Centre Official Plan. AND FURTHER THAT the Zoning By-law Amendment application, filed by Janet Gibbons on behalf of Norman Peel for the severed and retained lots of Consent B-1/15 in order to implement the severance of a surplus farm residence, be DENIED. Respectfully submitted, PREPARED BY: REVIEWED BY: Ben Puzanov, M.P.A., M.PL., MCIP, RPP Senior Planner Michelle Smibert, M.P.A., B.A., CMO Chief Administrative Officer Attachments Attachment 1: Location Map Attachment 2: Proposal

54 PARCEL PROPOSED TO BE RETAINED PARCEL PROPOSED TO BE SEVERED Owner: Norman Peel Agent: Janet Gibbons LOCATION MAP Applications: Consent B-1/15 and Zoning By-law Amendment Address Numbers Water Bodies Open Space Golf Courses Assessment Parcels LEGEND Location: Charlton Drive Scale: 1:7500

55 COLDSTREAM RD MUNICIPALITY OF MIDDLESEX CENTRE SCHEDULE 'A' SEE MAP 2 GREYSTEAD DR POPLAR HILL RD XI LOT 5 LOT 6 LOT 7 LOT 8 A3 SEE MAP 15 SR OS CHARLTON DR SEE MAP 17 X HEDLEY DR SEE MAP 30 NOTE: Schedules should be read in conjuction with applicable provisions of the Zoning By-Law. SCALE 1:15, ,000 1,500 2,000 Meters 4

56 PUBLIC MEETINGS

57 MUNICIPALITY OF MIDDLESEX CENTRE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT To: Council Date: January 28, 2015 Submitted by: Ben Puzanov For: Information Action Other Number: PDSD-P-4-15 Subject: Application for Zoning By-law Amendment Owners: Gerald and Susan Wardle (G & S Farms) Agent: Laverne Kirkness (Kirkness Consulting Inc.) Location: 5491 Cook Road Roll No.: Background The purpose of this report is to provide Council with a recommendation regarding a zoning by-law amendment application for a property that is located on the west side of Cook Road, on the east side of Westdel Bourne and north of Decker Drive. The purpose and effect of the zoning by-law amendment application is to implement a condition of severance imposed by Middlesex Centre s Committee of Adjustment for Consent B-27/14, which conditionally severed a lot with an area of approximately 0.95 hectares (2.35 ac) in order to accommodate a surplus farm residence and an associated detached garage. The subject zoning by-law amendment application seeks to rezone the severed lot of Consent B-27/14 to a zone that would permit the residential use of the land and prohibit livestock. The application also seeks to rezone the retained lot of Consent B-27/14 to a zone that would prohibt new dwellings from being constructed on the land. The lot frontage and lot area that will result for the retained lot of Consent B-27/14 are also proposed to be recognized by the rezoning application. The remnant farm lot will have a lot frontage of approximately 142 metres (465.9 ft) along Cook Road and a lot area of approximately 19.3 hectares (47.69 ac), whereas the current zoning of the land requires a minimum lot frontage of 300 metres ( ft) and a minimum lot area of 40 hectares (98.8 ac). A location map and an illustration of the proposal are included in Attachment Analysis The subject land is designated Agricultural Area according to the County of Middlesex Official Plan and Agriculture by the Middlesex Centre Official Plan. The land is zoned Agricultural (A1) by the Middlesex Centre Comprehensive Zoning By-law.

58 PDSD-P-4-15 Application for Zoning By-law Amendment Gerald and Susan Wardle (G & S Farms) 2 The requested zoning by-law amendment would facilitate the severance of a surplus farm residence that was conditionally approved by the Municipality s Committee of Adjustment. The rezoning application was filed after the owners learned of the Committee s decision regarding the severance proposal. The frontage and area of the lot that would accommodate the surplus farm residence have been slightly reduced based on the Committee s directive in granting the requested severance. 3.0 Recommendation THAT the Zoning By-law Amendment application, filed by Laverne Kirkness on behalf of Gerald and Susan Wardle (G & S Farms), for the severed and retained lots of Consent B-27/14 in order to implement the severance of a surplus farm residence, be APPROVED. Respectfully submitted, PREPARED BY: REVIEWED BY: Ben Puzanov, M.P.A., M.PL., MCIP, RPP Senior Planner Michelle Smibert, M.P.A., B.A., CMO Chief Administrative Officer Attachments Attachment 1: Proposal

59 Attachment 1: Proposal

60 BY-LAWS

61 MUNICIPALITY OF MIDDLESEX CENTRE BY-LAW NUMBER BEING A BY-LAW TO APPOINT A BUILDING INSPECTOR IN THE MUNICIPALITY OF MIDDLESEX CENTRE WHEREAS the Building Code Act provides for the appointment by Council of Building Inspectors as are necessary for the purposes of the enforcement of the said Act in the areas in which such municipality has jurisdiction; AND WHEREAS it is deemed necessary for the purposes of the enforcement of the said Act in the Municipality of Middlesex Centre to appoint a Building Inspector; NOW THEREFORE the Council of the Municipality of Middlesex Centre enacts as follows: 1. THAT Ben Hartman be and is hereby appointed as a Building Inspector for the Municipality of Middlesex Centre in accordance with the provisions contained in The Building Code Act. 2. THAT Ben Hartman shall carry out the enforcement of The Building Code Act and Regulations. 3. THAT the said appointment becomes effective on the 28th day of January, THAT any other by-law and resolution that are inconsistent with the provisions of this by-law are hereby repealed. READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED on this 28th day of January, Mayor Clerk

62 MUNICIPALITY OF MIDDLESEX CENTRE BYLAW NUMBER BEING A BY-LAW TO AMEND THE MIDDLESEX CENTRE COMPREHENSIVE ZONING BY-LAW NUMBER WITH RESPECT TO PART LOT 6, CONCESSION 11 (GEOGRAPHIC TOWNSHIP OF LOBO) ROLL NUMBER: WHEREAS the Council of the Municipality of Middlesex Centre deems it advisable to amend the Middlesex Centre Comprehensive Zoning By-law ; AND WHEREAS this By-law is in conformity with the Middlesex Centre Official Plan; NOW Therefore the Council of the Municipality of Middlesex Centre ENACTS as follows: 1. That Zoning Map Schedule A, Key Map 16 to the Middlesex Centre Comprehensive Zoning By-law , is hereby amended by changing from the Agricultural (A1) zone to a Surplus Residence (SR) zone, an Agricultural No Residences (A3) zone and an Open Space (OS) zone that land drawn in heavy solid lines and identified on Schedule A, attached hereto and described as being Part of Lot 6, Concession 11 (geographic Township of Lobo), Municipality of Middlesex Centre. 2. This by-law comes into force and takes effect upon the day of passing in accordance with the provisions of Section 34 of the Planning Act, R.S.O 1990, c. P.13. READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED on this 28th day of January, Al Edmondson Mayor Stephanie Troyer-Boyd Clerk

63 COLDSTREAM RD MUNICIPALITY OF MIDDLESEX CENTRE SCHEDULE 'A' SEE MAP 2 GREYSTEAD DR POPLAR HILL RD XI LOT 5 LOT 6 LOT 7 LOT 8 A3 SEE MAP 15 SR OS CHARLTON DR SEE MAP 17 X HEDLEY DR SEE MAP 30 NOTE: Schedules should be read in conjuction with applicable provisions of the Zoning By-Law. SCALE 1:15, ,000 1,500 2,000 Meters 4

64 MUNICIPALITY OF MIDDLESEX CENTRE BYLAW NUMBER BEING A BY-LAW TO AMEND THE MIDDLESEX CENTRE COMPREHENSIVE ZONING BY-LAW NUMBER WITH RESPECT TO PART OF LOT 13, GORE CONCESSION (GEOGRAPHIC TOWNSHIP OF DELAWARE) ROLL NUMBER: WHEREAS the Council of the Municipality of Middlesex Centre deems it advisable to amend the Middlesex Centre Comprehensive Zoning By-law ; AND WHEREAS this By-law is in conformity with the Middlesex Centre Official Plan; NOW Therefore the Council of the Municipality of Middlesex Centre ENACTS as follows: 1. That Zoning Map Schedule A, Key Map 95 to the Middlesex Centre Comprehensive Zoning By-law , is hereby amended by changing from the Agricultural (A1) zone to a Surplus Residence (SR) zone and Agricultural No Residences (A3) zone that land drawn in heavy solid lines and identified on Schedule A, attached hereto and described as being Part of Lot 13, Gore Concession (geographic Township of Delaware), Municipality of Middlesex Centre. 2. This by-law comes into force and takes effect upon the day of passing in accordance with the provisions of Section 34 of the Planning Act, R.S.O 1990, c. P.13. READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED on this 28th day of January, Al Edmondson Mayor Stephanie Troyer-Boyd Clerk

65 WESTDEL BRNE MUNICIPALITY OF MIDDLESEX CENTRE SCHEDULE 'A' MUNICIPAL BOUNADRY - CITY OF LONDON MUNICIPAL BOUNADRY - CITY OF LONDON LOT 12 SEE MAP 94 GORE CON. LOT 13 A3 SR COOK RD LOT 12 W.T.R. CON. LOT 13 LOT 13 DECKER DR LOT 14 SEE MAP 98 NOTE: Schedules should be read in conjuction with applicable provisions of the Zoning By-Law. SCALE 1:15, ,000 1,500 2,000 Meters 4

66 MUNICIPALITY OF MIDDLESEX CENTRE BYLAW NUMBER BEING A BY-LAW TO AMEND THE MIDDLESEX CENTRE COMPREHENSIVE ZONING BY-LAW NUMBER WITH RESPECT TO PART LOT 8, CONCESSION 14 (GEOGRAPHIC TOWNSHIP OF LONDON) ROLL NUMBER: WHEREAS the Council of the Municipality of Middlesex Centre deems it advisable to amend the Middlesex Centre Comprehensive Zoning By-law ; AND WHEREAS this By-law is in conformity with the Middlesex Centre Official Plan; NOW Therefore the Council of the Municipality of Middlesex Centre ENACTS as follows: 1. That Zoning Map Schedule A, Key Map 27 to the Middlesex Centre Comprehensive Zoning By-law , is hereby amended by changing from the Agricultural (A1) zone to a Surplus Residence (SR) and Agricultural No Residences (A3) zone that land drawn in heavy solid lines and identified on Schedule A, attached hereto and being legally described as Part of Lot 8, Concession 14 (geographic Township of London), Municipality of Middlesex Centre. 2. This by-law comes into force and takes effect upon the day of passing in accordance with the provisions of Section 34 of the Planning Act, R.S.O 1990, c. P.13. READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED on this 28 th day of January, Al Edmondson Mayor Stephanie Troyer-Boyd Clerk

67 SEE MAP 26 SEE MAP 28 MUNICIPALITY OF MIDDLESEX CENTRE SCHEDULE 'A' SEE MAP 13 FIFTEEN MILE RD LOT 8 XIV LOT 7 LOT 6 LOT 5 A3 HIGHBURY AVE N / COUNTY RD 23 SR FOURTEEN MILE RD CLARKE RD XIII THIRTEEN MILE RD SEE MAP 40 NOTE: Schedules should be read in conjuction with applicable provisions of the Zoning By-Law. SCALE 1:15, ,000 1,500 2,000 Meters 4

68 INFORMATION ITEMS

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71 TOWNSHIP OF LUCAN BIDDULPH Building Department To: Council For: January 26, 2015 Submitted by: Arnie Marsman, Chief Building Official For: Information Action Other Report Number: PDSD-L Page 1 of 4 Subject: Building and By-Law Enforcement Department Year End Summary, 2014 Purpose: The purpose of this report is to provide council with a year end summary of events within the Building and By-law Enforcement Department. Building Department: Since 2002, Middlesex Centre has assisted with building inspections in Lucan Biddulph, and has acted as primary Building Department and CBO since This past year we ve seen a continuation of previous years increases in housing starts. This is summarized in Table 2 of the report. To summarize this table, 42 new dwellings (including new condo units), were approved in Lucan and 47 new dwellings were approved across the township. A significant highlight for this year is the Initiation of the Building-in-Motion electronic building inspection program (using a tablet device in the field, entering inspections onto the tablet and downloading the information back onto the main system upon returning to the office). This system is consistent with Middlesex Centre s inspection process. This creates efficiencies in the documentation of building inspections. Fees paid to Middlesex Centre for building inspection services for 2014 total approximately $56,000. Approximately 600 site visits were conducted in regard to building inspections. By-law Enforcement Department: 2014 was the second year in which Middlesex Centre has provided By-law Enforcement Services for Lucan Biddulph. For the year 2014, staff investigated complaints regarding parking, dogs at large/vicious, noise, property standards and land use issues. Approximately 50 site visits were made in regard to By-law Enforcement inspections. This year staff assisted with the evaluation of on-street parking on Main Street Lucan, including locations of signs and paint to better identify parking along the Main Street corridor. Fees paid to Middlesex Centre for By-law Enforcement services for 2014 total approximately $5,000.

72 Report Number PDSD-L The following outlines other department activities in 2014 Enhance Customer Communications: Builder s Information Forum This past fall, staff hosted a Builder s Information Forum. These forums are geared toward providing local home builders with information pertaining to the status of current developments as well as an opportunity to discuss current building technologies, code revisions and certain situations which come up on job sites. Guest speakers at this year s forum included the Tarion Warranty Corporation and Christian Tham who discussed green building incentives. Presentations prepared for this forum are posted on our website. Builders Buzz Staff published two Builders Buzz newsletters. In these newsletters, staff prepare editorials on safety, administrative issues, current events and new technologies. The newsletters are then distributed via to a mailing list of approximately 30 local home builders, made available at the municipality s front counter and posted on our web site. Web Site Updates The Building Department s web page is maintained and updated regularly. Optimize Partnerships: Middlesex County Have worked with County Solicitor on several items this year; Work very closely with County Planning and Roads Department; Have worked with the County Fire Inspector in reviewing building plans and situations. Middlesex London District Health Unit Have worked with the Health Unit in dealing with a number of issues this year (such as Landlord- Tennant disputes, Property Standards issues and dog bites) South West Chapter of the Ontario Building Officials Association Staff have been active members of the Chapter which includes building officials representing 30 municipalities in the southwest region of Ontario. Staff currently have lead roles within the Chapter as Training Coordinator, Chapter Co-chair and Secretary of the Chapter s CBO Subcommittee

73 Report Number PDSD-L Increase Customer Satisfaction: Complaints Resolved: Staff have investigated and resolved a number of By-law Enforcement complaints, which has enhanced the quality of life for residents. These include grass/weeds, property/occupancy standards, abandoned motor vehicles, dumping, parking, animals at large, dog bites, noise, burning, abandoned buildings, etc Processes Made more Efficient: By-law Enforcement processes have been reviewed for efficiencies including the development of standardized letters and procedures. Summary Tables The following table (Table 1) represents a breakdown of types of building permits issued in Table 1: Building Permit Type Summary PERMIT TYPE NO. OF PERMITS ISSUED New Single Family Residences permits for 11 Condo Units Single Family Additions/Renovations 13 Garage/Sheds 8 Swimming Pools 1 Signs 0 Commercial Building/Renovations 2 Institutional Buildings 3 Industrial Buildings 1 Agricultural Buildings 14 Demolitions 2 Plumbing 0 Septic 9 TOTAL PERMITS ISSUED

74 Report Number PDSD-L The following tables (Tables 2 and 3) summarize new home construction totals, fees collected, construction values and new housing locations, all over the past seven years: Year Table 2: Permit Summary and Comparison to Previous Years # of Permits New Homes Construction Value ($) Fees Collected ($) Development Charges Collected ($) ,773, , ,863 Condo Units ,025, , , ,992, , , ,535, , ,080, , , ,802,900 88,776 11, condo units 21,353, ,626 25,035 Table 3: New Home Location Summary and Comparison to Previous Years Year Lucan Clandeboye Granton Rural Areas condo units (Wolfe Dev.) condo units condo units Respectfully submitted, Arnie Marsman Chief Building Official - 4 -

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79 Ausable Bayfield Maitland Valley Source Protection Region January 22, 2015 From: Laurence Brown, Chairman, Ausable Bayfield Maitland Valley Source Protection Committee Re: Province of Ontario Approval of Updated Assessment Reports and Drinking Water Source Protection Plans for Maitland Valley and Ausable Bayfield Source Protection Areas I am pleased to inform you, on behalf of the Ausable Bayfield Maitland Valley Drinking Water Source Protection Committee (SPC), that the Ontario Minister of the Environment and Climate Change, Glen Murray, has approved locally-developed Source Protection Plans for the Maitland Valley and Ausable Bayfield Source Protection Areas and that Ling Mark, Director of the Source Protection Programs Branch, has approved Updated Assessment Reports for those areas. This is an important milestone for the protection of municipal drinking water sources in this region. I commend the Minister and the Ontario Ministry of the Environment and Climate Change for their leadership and ongoing support of this public health initiative. I thank the local committee for all their hard work, commitment, and thoughtful input into the development of these documents. I congratulate the municipalities of this region for your active involvement and dedicated work leading to this milestone. I thank the municipal representatives who served on the source protection committee and the municipal subcommittee and the municipal staff who served on municipal working groups. Your contributions were invaluable. I would also like to thank the almost 100 community members who participated on local, multi-stakeholder community working groups as well as the people who attended meetings and open houses and who asked questions and who provided comments. Their generous contribution of time is appreciated. Updated Assessment Reports for the Maitland Valley and Ausable Bayfield Source Protection Areas were approved on December 10, Source Protection Plans, for Maitland Valley and Ausable Bayfield Source Protection Areas, were approved on January 19, Most policies in the Plans are to take effect on April 1, The policies in the new Plans will reduce risk to local municipal drinking water sources. The Plan policies will reduce this risk through a practical and local approach to manage threats to drinking water sources in the most vulnerable areas of our region. Plan policies for moderate and low threats to drinking water sources are not binding. However, all municipalities should be aware of those policies and have regard for them. Most people in the source protection region will not be directly impacted by Plan policy requirements. Obligatory policies, with must-conform-to legal effect, only apply in this region to an activity or condition that meets all of these criteria for an assessed significant threat to drinking water: One of 21 drinking water threat activities or conditions listed in regulation by the Province of Ontario. Taking place in certain prescribed circumstances (e.g., in certain quantities; below grade, etc.). Taking place in areas of high vulnerability (i.e., the most vulnerable wellhead protection areas around a municipal well). Ausable Bayfield Maitland Valley Source Protection Region Tel c/o Ausable Bayfield Conservation Authority Fax Morrison Line, R.R. 3 Toll Free Exeter, ON N0M 1S5

80 Page 2 of 2 January 22 nd, 2015 Where activities are assessed as significant threats to drinking water, in wellhead protection areas (WHPAs) around municipal wells, the Plan policies manage this risk using several tools. Those tools include education and outreach, prescribed instruments, planning, or Part IV tools including risk management plans (RMPs), restricted land uses, or prohibition. In this region, significant threats to drinking water only exist on some properties or parts of properties in wellhead protection areas A, B, and C of the following nine municipalities with groundwater as their drinking water source: Municipality of Bluewater, Municipality of Huron East, Municipality of Central Huron, Township of Ashfield-Colborne-Wawanosh, Township of Huron-Kinloss, Township of North Huron, Municipality of North Perth, Municipality of Morris-Turnberry, and Town of Minto. I invite you to review the Plans on our region-wide website at Data discs with copies of the Plans and maps are also available. The committee decided to begin Plan implementation with a focus on education and outreach and that education program is to be delivered within one year of the date the Plans take effect. The Plans name implementing bodies for each policy. In some cases the implementing body is a municipality, source protection authority, or conservation authority, or other public body. In some cases, the policies are to be implemented collaboratively by more than one body. The committee and staff members of this source protection region are looking forward to working with you and to support your efforts over the coming weeks and months in implementation of these policies which will reduce risk to municipal drinking water sources. If you have any questions about the Updated Assessment Reports, Source Protection Plans, or Plan policy implementation, feel free to contact Program Supervisor Jenna Allain at or toll-free Thank you once again for your vision and leadership in protecting the drinking water sources of the people you serve. Laurence Brown, Chairman, Ausable Bayfield Maitland Valley Drinking Water Source Protection Committee

81 PROPOSED 50 METRE TELECOMMUNICATIONS TRIPOLE TOWER PUBLIC NOTICE Tower Location: Richmond Street, Arva, Ontario. GPS Coordinates: (NAD 83) N, W Legal Description: North Half Lot 17 Concession 7 London Township The Lands Titles Division for the County of Middlesex Land Registry Office (No. 33). The facility will include mechanical equipment cabinets and fencing around the base of the tower. The tower will provide wireless voice and data services. ANY PERSON may make a written submission to the individual listed below by February 23, 2015 with respect to this matter. All comments must be received by the close of this business day. PLEASE TAKE NOTICE that the approval of this Site and its design is under the exclusive jurisdiction of the Government of Canada through Industry Canada. The Municipality of Middlesex Centre has no jurisdiction in this matter other than as a commenting body to Industry Canada and the Applicant. For more information contact the local Industry Canada office at Municipal Contact: Arnie Marsman, Chief Building Official Municipality of Middlesex Centre Ilderton Rd. RR#2 Ilderton, ON N0M 2A0 P: (519) x 260 E: marsmana@ middlesexcentre.on.ca Please forward all comments and requests for additional information to the following individual: Jeff McKay, FCSI, MBA Rogers Communications 8200 Dixie Road, 13A Brampton, Ontario L6T 0C1 P: (519) E: j_mckay@rogers.com

82 January 7, 2015 Public Notice Re: Proposed Telecommunications Tower; Rogers Site C4412 Richmond & Medway Rogers is hereby providing you with a formal overview and notice of its proposal to erect a new telecommunications tower in your municipality; thereby initiating our formal public consultation process. Overview: For some time Rogers has been aware of a coverage deficiency in the Richmond & Medway (Arva) area for 850 MHz GSM and HSPA, 3G and 4G/LTE (high speed phone and internet) services. General information relating to antenna systems is available on Industry Canada s Spectrum Management and Telecommunications website at: Protocol: The approval of this site and its design is under the exclusive federal jurisdiction of the Government of Canada. As such, we are mandated to comply with Industry Canada s default protocol CPC Issue 5 (July 2014) Radiocommunication and Broadcasting Antenna Systems (hereafter CPC ). One of the key concerns of this process is that such installations are deployed in a manner that considers the surroundings in exercising the mandate to deploy necessary infrastructure. For more information on Industry Canada s public consultation guidelines, go to: or contact your local Industry Canada office at: Radio Frequency Spectrum Management Central and Western Ontario District Office Suite North Service Rd. Burlington, Ontario L7L 4X7 Telephone: Toll Free: Fax: spectrum.cwod@ic.gc.ca Public Notification: Under CPC Section and , we are to provide formal notice allowing 30 days for comments to any property owners within three times the tower height (50m X 3 = 150m). Under Section 4.2.4, notice will be placed in the Middlesex Banner and the London Free Press newspapers as directed by the Municipality of Middlesex Centre, in accordance with the criteria established therein.

83 Rogers Site C4412 Richmond & Medway Public Response: Under Section 4.2.2, we will respond to all reasonable and relevant concerns raised during the 30 day notification period of Section 4.2. We will acknowledge receipt of your communication within 14 days and will provide a formal response to the Municipality and those members of the public who communicated to Rogers, within 60 days. The members of the public who communicated with Rogers will then have 21 days to review and reply to Rogers with a final response. What is considered reasonable or relevant (or not) is specifically defined under the protocol section entitled Public Reply Comments. To be considered part of this consultation, comments must be received by close of business February 23, Other Municipal Considerations: As we are regulated under federal policy, provincial legislation such as the Ontario Building Code and the Planning Act including zoning by-laws and site plan control do not apply to these facilities. I look forward to working with you, the Municipality and the various parties of interest in promoting and securing a positive resolution to this important infrastructure project. Yours Truly, Jeff McKay CFP CIM FMA FCSI MBA Site Acquisition Specialist Rogers Communications Inc. Cell: (519) PIN 26A3337F j_mckay@rogers.com January 7, 2015 Public Consultation Package

84 Rogers Site C4412 Richmond & Medway Tower Specifics: 1) Description of Proposed Installation: 50m tall Tripole Tower; Omni Directional 850 Mhz HSPA Macro Site, allowing for future loading of other TBD technologies; enclosed in a 10m X 10m (fenced) secured Compound. 2) Location and Street Address: Richmond Street, Arva, Ontario; PIN (LT) GPS Coordinates (NAD 83): N, W The total exclusive/non-exclusive leasehold area is approximately m 2 demised leasehold premises are identified on the surveyed Site Plan. and the The tower will be situated in an agricultural field. Material factors considered in our analysis included ground elevation compatibility from a land use perspective, maximum setback from residences, and the municipality s request to respect a 150m road setback where possible (229.7m achieved), which were best addressed with the commercial farming property selected. The proposed candidate was pre-cleared with the municipality during pre-consultation discussion. January 7, 2015 Public Consultation Package

85 Rogers Site C4412 Richmond & Medway Proposed Site January 7, 2015 Public Consultation Package

86 Rogers Site C4412 Richmond & Medway Representative Tower Profile 3) Proponent Contact Information: Jeff McKay CFP CIM FMA FCSI MBA Site Acquisition Specialist Rogers Communications Inc. Cell: (519) PIN 26A3337F January 7, 2015 Public Consultation Package

87 Rogers Site C4412 Richmond & Medway Proponent s Required Attestations under CPC General Requirements: a. There are no existing antenna structures, rooftops or systems in the area which may be utilized for location or co-location and a new structure must be erected to fix the coverage deficiency. b. The Site requires Line of Sight ( LOS ) microwave communication with Tie-Sites which is established at this Site s height. The current coverage gap is met without overlap within a very small Search Ring. All properties falling within the established Search Ring were considered in arriving at this conclusion. c. The antenna system will be enclosed within a chain-linked fenced Compound with standard specification barbed-wire, locked and alarmed from public access, and accessible through a private laneway. d. The tower has been sited with prudent judgment to integrate it within surroundings considering all factors, including maximum setback feasible from roads and abutting properties, minimizing the 3 times Tower height impact ring, and reducing tower height to minimum height requirements. e. The Tower is not within 6 km of the centre of an aerodrome; as such, we expect minimal or no aeronautical obstruction/marking issues. Rogers attests that the radio antenna system described in this notification package will comply with Transport Canada / NAV Canada aeronautical safety requirements, which parties may order compliant paint or other lighting systems outside of our control. Rogers will make all necessary applications to Transport Canada and NAV Canada. f. Rogers attests that the radio antenna system described in this notification package will comply with Health Canada s Safety Code 6 limits, as may be amended from time to time, for the protection of the general public including any combined effects of additional carrier collocations and nearby installations within the local radio environment. Safety Code 6, Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 khz to 300 GHz, can be found on Health Canada s website at: g. There are no surplus municipal or government-owned lands identified in reasonable proximity to this Site, which could meet the objectives of either party, to utilize for this purpose. h. Rogers attests that the radio antenna system described in this notification package will comply with the Canadian Environmental Assessment Act as this facility is exempt from assessment. i. Rogers attests that the radio antenna system described in this notification package will be constructed in compliance with the National Building Code of Canada and comply with good engineering practices including structural adequacy. January 7, 2015 Public Consultation Package

88 Rogers Site C4412 Richmond & Medway Corporate Overview Rogers Wireless provides wireless voice and data communications services across Canada to approximately 9.5 million customers under the Rogers Wireless, Fido and Chatr brands. Rogers Wireless is Canada s largest wireless provider and the only national carrier operating on the combined global standard GSM/HSPA+/LTE technology platforms. Rogers Wireless is Canada s leader in innovative wireless services, and provides customers with the best and latest wireless devices and applications and the fastest network speeds. Rogers Wireless also provides seamless wireless roaming across the U.S. and more than 200 other countries, and is the Canadian leader in the deployment of mobile commerce and machine-to-machine communications. Rogers knows that no matter where its customer are, being in touch with friends and family and colleagues makes their lives more connected, and being connected anytime, anywhere to the information and entertainment that matters most makes life easier and more enjoyable. That s why, in the city and around the world, millions of Canadians rely on Rogers to keep them connected, and to put the Internet in their pockets with the most advanced wireless services, exceedingly fast speeds, and seamless coverage. And they do so with the flexibility and peace of mind that comes with Rogers Share Everything plans which allow families and businesses to share wireless data between their wireless devices and add additional devices to their plans. With Canada s first and fastest LTE wireless network the global gold standard in wireless network technology Rogers makes placeshifting a reality so customers can connect to their communications, information and entertainment from almost anywhere, easily and seamlessly. With Rogers, watching TV on the train, conducting a virtual white-boarding session from the beach, disarming a home monitoring system from a smartphone, or answering a home phone from 5,000 kilometers away are becoming everyday activities. Rogers customers no longer have to pick up the phone to check their voic ; they don t need to be in town to catch their local news; and they don t have to be at their PCs to access their . And with Rogers, businesses no longer need to work in traditional offices because we help them to quickly set up virtual workspaces, with complete access to customers, colleagues, files and corporate applications, so they are as productive on the road as they are in the office. Rogers Wireless is wholly-owned by Rogers Wireless Communications Inc. ( RWCI ). RWCI is a wholly-owned subsidiary of Rogers Communications Inc ( RCI ). RCI is a diversified Canadian communications and media company which, in addition to its ownership in Rogers Wireless, is engaged in cable television, high-speed Internet access, residential telephony (including voice-over-cable) and video retailing through Canada s largest cable television provider, Rogers Cable Inc. ( Rogers Cable ); in local and long distance voice and data telecommunications services for business customers across Canada through Rogers Business Solutions; and in radio, television broadcasting, televised shopping, publishing businesses and sports entertainment through Rogers Media Inc. Project Scope /Background Rogers Wireless constantly strives to improve coverage and network quality for the sake of our clients. Our network planning department is aware of a coverage deficiency in this area that will require the installation of a tower in the immediate vicinity of our established Search Ring. The major project objective is to provide incar portable, in-building and enhanced grade coverage in conjunction with the existing infrastructure in the area. In particular, this service deficiency is to HSPA and LTE/4G service. The selection of a Rogers telecommunications Site is but one piece of a puzzle. In this case, the puzzle is a complex radio network, situated in a small town/rural/fringe setting. Client demand, radio frequency engineering principles, and land use opportunities or restrictions working in concert with one another direct the geography of our sites. In order to achieve a reliable wireless network, Rogers must provide a seamless transmission signal to alleviate any gaps in coverage. Gaps in coverage are responsible for dropped calls, and unavailable service to clients. This Site will correct this problem in the area. January 7, 2015 Public Consultation Package

89 Rogers Site C4412 Richmond & Medway Site Address: Richmond Street, Arva, Ontario Public Comment Record Property Identifier: (LT) NORTH HALF LOT 17 CONCESSION 7 LONDON TOWNSHIP The Land Titles Division for the County of Middlesex Land Registry Office (No. 33). Name: Date of Comment: Address: Telephone: Fax: To be considered part of this consultation, comments must be received by close of business February 23, Please forward your comments by , mail, facsimile or phone to: Rogers Communications Inc. c/o Jeff McKay FCSI MBA Network Implementation 13A 8200 Dixie Road, Brampton, Ontario L6T 0C1 Fax: Phone: j_mckay@rogers.com (Fastest response by !) Comments Continue on reverse if required * Comments received shall form part of Industry Canada s Public Consultation Process under the Spectrum Management and Telecommunications Client Procedures Circular CPC , Issue 5, and will be made public as part of a report issued to the Municipality of Middlesex Centre and Industry Canada. January 7, 2015 Public Consultation Package

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