Middlesex Centre Council Minutes

Regular Meeting of Council

Wednesday, April 05, 2023 at 9:30 A.m. - 12:30 P.m.

Hybrid Council Meeting (Virtual and In-Person)

10227 Ilderton Road / Virtual

Ilderton, Ontario, N0M 2A0

COUNCIL PRESENT:

• Mayor DeViet
• Deputy Mayor Brennan
• Councillor Heffernan
• Councillor Shipley
• Councillor Aerts
• Councillor Cates
• Councillor Berze
• Tom Heeman - Thames Centre Councillor Ward 1

STAFF PRESENT:

• Michael Di Lullo - Chief Administrative Officer
• Colin Toth - Director of Emergency Services / Fire Chief
• Rob Cascaden - Director of Public Works and Engineering
• Scott Mairs - Director of Community Services
• Tiffany Farrell - Director of Corporate Services
• James Hutson - Municipal Clerk
• Heather Kepran - Communications Specialist
• Megan Kamermans - Deputy Clerk
• Andrew Giesen - Transportation Manager

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1.

CALL TO ORDER

Mayor DeViet calls the meeting to order at 9:36 a.m.

Members of the public are invited to participate in this meeting of Council by accessing the meeting which will be live-streamed on our Middlesex Centre YouTube channel or by contacting the Municipal Clerk to receive a registration link to join the meeting being held electronically.

Members of the public may also attend the meeting in-person at the Coldstream Community Centre, located at 10227 Ilderton Road, Ilderton, N0M 2A0.

2.

LAND ACKNOWLEDGEMENT

The Municipality of Middlesex Centre recognizes that we are gathering on the traditional territory of the Anishinaabe, Haudenosaunee, and Leni-Lunape Peoples. We acknowledge the enduring presence of First Nation, Métis and Inuit people on this land and are committed to moving forward in the spirit of reconciliation and respect.

Our neighbouring First Nations communities which continue to live as sovereign Nations include the Chippewas of the Thames First Nation, Oneida Nation of the Thames, and Munsee Delaware Nation.

3.

ADDITIONS TO THE AGENDA

There are no additions to the April 5, 2023 Council meeting agenda.

4.

DISCLOSURE OF PECUNIARY INTEREST

There are no disclosures of pecuniary interest to note for April 5, 2023.

5.

DELEGATIONS, PRESENTATIONS AND PETITIONS

5.1

Ausable Bayfield Conservation Authority - Update Presentation

Brian Horner, General Manager, and Mari Veliz, Healthy Watersheds Manager with Ausable Bayfield Conservation Authority are in attendance to provide an update presentation. A copy of the PowerPoint presentation is on file in the Clerk's Office.

6.

COURT OF REVISION

• Resolution # 2023-092
  Moved by: Councillor Cates
  Seconded by: Councillor Aerts

  THAT Council adjourn its regular meeting at 9:59 a.m. in order to sit as the Court of Revision

  CARRIED

6.1

Court of Revision for the Risdon Municipal Drain Culvert

    
The Engineer's Report for the Risdon Municipal Drain Culvert was previously considered at the March 1st, 2023 meeting of Council. Members of the Court of Revision are Deputy Mayor Brennan, Councillor Heffernan, Councillor Heeman (Municipality of Thames Centre), with Deputy Mayor Brennan being the Chair.

No appeals have been received.

• Resolution # 2023-093
  Moved by:
  Seconded by: Councillor Heffernan

  THAT the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Risdon Municipal Drain provisionally adopted by By-Law 2023-012 as outlined in the report prepared by Spriet Associates;

  AND THAT the corresponding by-law be forwarded to Council for a final reading;

  AND FURTHER THAT the Court of Revision adjourn at 10:01 a.m. and Council resume their regular meeting. 

  CARRIED

7.

ADOPTION OF THE MINUTES

7.1

Minutes of the March 15, 2023 Council Meeting

• Resolution # 2023-094
  Moved by: Councillor Shipley
  Seconded by: Councillor Heffernan

  THAT the minutes of the Middlesex Centre Council meeting held on March 15, 2023 be adopted as printed.

  CARRIED

8.

CONSENT AGENDA

• Resolution # 2023-095
  Moved by: Councillor Berze
  Seconded by: Councillor Cates

  
  THAT Items 8.1 through 8.10 listed under the heading of Consent Agenda for April 5, 2023 be adopted as recommended.

  CARRIED

8.1

TVDSB Community Planning Meeting

• THAT Report CAO-8-2023, re: TVDSB Community Planning Meeting be received for information.

8.2

Additional Funding Request under Council Grants 2023

• THAT in accordance with the Council Grants Policy, the request from the Poplar Hill and District Lions Club for the Trees Middlesex program be approved in the amount of $1,000;

  AND THAT staff be directed to prepare correspondence and/or issue payment to the above noted organization.

8.3

Sustainable Canadian Agricultural Partnership

• THAT Report CAO-9-2023, re: Sustainable Canadian Agricultural Partnership be received for information.

8.4

Appointment of Community Improvement Plan Working Group Representative

• THAT Report CLK-04-2023, re: Appointment of Community Improvement Plan Working Group Representative be received;

  AND THAT Dennis Adlington be appointed as the public member representative to the Community Improvement Plan working group for the duration of the 2022-2026 term of Council.

8.5

Appointment of Cemetery Committee Representative

• THAT Report CLK-05-2023, re: Appointment of Cemetery Committee Representative be received;

  AND THAT Karen Foster be appointed as a public member representative to the Cemetery Board for the duration of the 2022-2026 term of Council;

  AND FURTHER THAT By-law 2022-109 be amended to include the above noted appointment.

8.6

Community Services Advisory Committee - Minutes of February 21, 2023

• THAT the minutes of the Community Services Advisory Committee held on February 21, 2023 be adopted as printed.

8.7

Annual Repayment Limit 2023

• THAT Report CPS-21-2023, re: Annual Repayment Limit 2023 be received for information.

8.8

Changes to Cemetery Care and Maintenance Funds

• THAT Report CLK-05-2023, re: Changes to FBCSA on Cemetery Care and Maintenance Fund be received;

  AND THAT the Fees and Charges By-law 2022-104 be amended to reflect the increase to monument markers as noted in Appendix A1.

8.9

Property Tax Sale Update

• THAT Report CPS-22-2023, re: Property Tax Sale Update be received for information.

8.10

Ilderton Farmers Market License Agreement

• THAT Report CMS-02-2023 re: Ilderton Farmers Market License Agreement be received;

  AND THAT By-Law 2022-040 be repealed;

  AND THAT the License Agreement set out in Appendix A of this report between the Municipality of Middlesex Centre and the Ilderton Farmers Market be approved;

  AND FURTHER THAT the Mayor and Clerk be authorized to execute any necessary documents to complete the Agreement

9.

STAFF REPORTS

9.1

2023 Sidewalk Program

Rob Cascaden, Director of Public Works and Engineering is in attendance to provide an overview of the staff report.

• Resolution # 2023-096
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Heffernan

  THAT Report PWE-16-2023, re: 2023 Sidewalk Program be received;

  AND THAT Council endorse the 2023 Sidewalk Program.

  CARRIED

9.2

2023 Visions Zero Campaign

Rob Cascaden, Director of Public Works and Engineering is in attendance to provide an overview of the staff report.

• Resolution # 2023-097
  Moved by: Councillor Aerts
  Seconded by: Councillor Cates

  THAT Report PWE 17-2023, re: 2023 Vision Zero Campaign be received;

  AND THAT Council endorse the continuation of the Vision Zero Campaign for 2023.

  CARRIED

9.3

Budget Overage for Bridge B-301 Rehabilitation

Rob Cascaden, Director of Public Works and Engineering is in attendance to provide an overview of the staff report.

• Resolution # 2023-098
  Moved by: Councillor Berze
  Seconded by: Councillor Shipley

  THAT Council receive report PWE 18-2023 Budget Overage for Bridge B-301 Rehabilitation be received;

  AND THAT Council approve the Overage to Capital budget 23-3117 as contained in this report in the amount of $165,000 for a total budget of $522,500;

  AND THAT Council approve the change in funding source from the Canada Community Benefit Fund to the Roads Capital Reserve Fund for project 23-3117.

  CARRIED

10.

NOTICE OF MOTION

11.

CORRESPONDENCE

• Resolution # 2023-102
  Moved by: Councillor Berze
  Seconded by: Councillor Cates

  THAT the Council for the Municipality of Middlesex Centre receives the Correspondence items 11.1 through 11.7, item 11.10 and items 11.12  through 11.15 listed on the April 5, 2023 agenda as information.

  CARRIED

11.1

Lake Huron Primary Water Supply System - 2022 Compliance Report

11.2

Ministry of Natural Resources and Forestry - Regulatory Proposal Update Floating Accommodations

11.3

Municipal Engineers Association - 2023 Bursary Program

11.4

Middlesex County Planning and Development - 2022 Annual Report

11.5

Ausable Bayfield Conservation Authority - February 16, 2023 Board of Directors Meeting Minutes

11.6

Federation of Canadian Municipalities - Board of Directors Nominations

11.7

Ontario Small Urban Municipalities (OSUM) Conference, Trade Show and ExecutiveCommittee Nominations

11.8

Township of Lucan Biddulph - Resolution - Future Accuracy of the Permanent Register of Electors

• Resolution # 2023-99
  Moved by: Councillor Heffernan
  Seconded by: Councillor Cates

  WHEREAS concerns surrounding the accuracy of the Voters’ List has been highlighted in elections past and inaccuracies continue to plague municipal elections;

  AND WHEREAS the Chief Electoral Officer for the Province of Ontario now has the responsibility to prepare and maintain a Permanent Register of Electors, under the Elections Act, for future municipal elections;

  AND WHEREAS an accurate Permanent Register of Electors is paramount in upholding the integrity of democratic government;

  AND WHEREAS an accurate Permanent Register of Electors could increase voter turnout statistics and possibly contribute to positive voter apathy;

  NOW THEREFORE BE IT RESOLVED THAT the Council for the Municipality of Middlesex Centre requests that the Province of Ontario, through Elections Ontario and the Chief Electoral Officer utilize any resources available to produce the highest quality Permanent Register of Electors;

  AND FURTHER THAT this resolution be circulated to the Minister of Municipal Affairs and Housing, Elections Ontario, MPP Monte McNaughton and Ontario Municipal Councils for their support.

  CARRIED

11.9

Township of Lucan Biddulph - Resolution - Barriers for Women in Politics

• Resolution # 2023-100
  Moved by: Councillor Heffernan
  Seconded by: Councillor Cates

  WHEREAS, the Council  Municipality of Middlesex Centre values equality and inclusivity in all areas of life, including politics; 

  WHEREAS, women have historically been underrepresented in politics, and continue to face barriers and discrimination in their pursuit of elected office; 

  WHEREAS, misogyny and harassment have been identified as significant challenges for women in politics, both in Canada and around the world;

  WHEREAS, the Municipality of Middlesex Centre believes that all individuals have the right to participate in a political environment that is free from discrimination, harassment, and misogyny; 

  THEREFORE, BE IT RESOLVED, that the Municipality of Middlesex Centre expresses its support for women in politics and their right to participate in a political environment that is free from misogyny and harassment, and where everyone feels equal.

  BE IT FURTHER RESOLVED, that the Municipality of Middlesex Centre commits to taking steps to ensure that our political environment is inclusive and welcoming to all individuals, regardless of gender, race, ethnicity, religion, sexual orientation, or other identity factors.

  BE IT FURTHER RESOLVED, that the Municipality of Middlesex Centre encourages other municipalities in Ontario and across Canada to join us in supporting women in politics and promoting gender equality in all areas of society.

  BE IT FURTHER RESOLVED, that a copy of this resolution be sent to all Ontario Municipalities for endorsement, the Premier of Ontario, the Minister of Municipal Affairs and Housing, Middlesex County MP and MPP, and the Association of Municipalities of Ontario to express the Municipality of Middlesex Centre's commitment to this issue and encourage action at the provincial level to create legislation to ensure equality, safety, and security.

  CARRIED

11.10

Ministry of the Attorney General - Update on Provincial Offences Act Modernization and Streamlining

11.11

Association of Ontario Road Supervisors - Letter to Heads of Council - Enbridge Gas

• Resolution # 2023-101
  Moved by: Councillor Heffernan
  Seconded by: Councillor Cates

  WHEREAS, Enbridge recently made an announcement of their intention to begin charging third-party contractors and other utilities $200 CAD (plus applicable taxes) for utility locates where a field locate is required; 

  AND WHEREAS, third-party contractors include Ontario municipalities; 

  AND WHEREAS, these locate requests are only required as Ontario municipalities have allowed utilities to use municipal right of ways at no charge to the utilities;

  AND WHEREAS, this announcement of new downloaded costs will negatively impact the budgets of Ontario municipalities which are already burdened;

  AND WHEREAS, if Enbridge is successful in implementing this new charge, a precedence is set for other utility companies to also begin charging for locates;  

  THEREFORE IT BE RESOLOVED, that the Municipality of Middlesex Centre strongly opposes these utility locate costs being downloaded to Ontario municipalities by Enbridge Gas or other utilities;

  AND THAT, the Province of Ontario’s Ministry of Public and Business Service Delivery make it clear that these costs must be borne by the utilities themselves;

  AND THAT, this decision be forwarded to Minister of Public and Business Service Delivery Kaleed Rasheed, Minister of Infrastructure Kinga Surma, Minister of Energy Todd Smith, Premier Doug Ford, MPP Monte McNaughton, the Association of Ontario Road Supervisors and the Association of Municipalities of Ontario.

  CARRIED

11.12

Middlesex-London Board of Health - March 16, 2023 Meeting Summary

11.13

Ausable Bayfield Maitland Valley Drinking Water Source Protection - Spring Newsletter

11.14

Kettle Creek Conservation Authority - Watershed Report Card

11.15

Minister for Seniors and Accessibility- Senior of the Year Award

11.16

George McGowan- Sidewalk on Atkinson Court

11.17

John Peters- Sidewalk on Atkinson Court

12.

COUNTY COUNCIL UPDATE

Deputy Mayor Brennan provides the following update from Middlesex County Council held on March 28, 2023:

• Council received a report regarding the County Forest- Sale of Timber tender results;
• Council received an overview presentation regarding MPAC Property Assessments in Ontario;
• Council received a presentation on the Middlesex County Organizational Structure;
• Council received a report regarding Access and Inclusion Childcare Framework - Canada-Wide Early Learning and Childcare Agreement;
• Council participated in a closed session in order to discuss employee negotiations.

Please visit the Middlesex County website for full meeting highlights. 

13.

OTHER BUSINESS

Mayor DeViet provides an overview of meetings and events attended as well as representative and advocacy activities undertaken throughout the month of March.

14.

BY-LAWS

• Resolution # 2023-103
  Moved by: Councillor Shipley
  Seconded by: Councillor Heffernan

  THAT By-laws 2023-034 through to By-law 2023-039 listed on the April 5, 2023 Council agenda be adopted as printed.

  CARRIED

14.1

2023-034

Being an amendment to By-law 2022-109 to appoint members of Council and members of the public to the committees of Council and local boards of the Municipality of Middlesex Centre

14.2

2023-035

Being a By-Law to Appoint a Weed Inspector for the Municipality of Middlesex Centre for the years 2023-2026

14.3

2023-036

Being an amendment to By-law 2022-104 to establish various fees and charges for services provided by the Municipality of Middlesex Centre (Fee By-Law)

14.4

2023-037

Being a by-law to authorize the Mayor and Clerk to execute a License Agreement between the municipality of Middlesex Centre and the Ilderton Farmers Market and to repeal By-law 2022-040

14.5

2023-38

Being a By-law approving and ratifying a Severance Agreement between Rien De Regt as the “Owner” and the Municipality of Middlesex Centre as the “Municipality” 

14.6

2023-039

Being a By-law to adopt and confirm all actions and proceedings of the Council of the Municipality of Middlesex Centre at the Council meeting held on April 5, 2023

15.

ADJOURNMENT

• Resolution # 2023-104
  Moved by: Councillor Cates
  Seconded by: Deputy Mayor Brennan

  THAT the Council for the Municipality of Middlesex Centre adjourns the April 5, 2023 Council meeting at 10:44 a.m.

  CARRIED