Middlesex Centre Council Minutes

Regular Meeting of Council

Wednesday, February 21, 2024 at 5:30 P.m. - 6:30 P.m.

Hybrid Council Meeting (Virtual and In-Person)

13168 Ilderton Road / Virtual

Ilderton, Ontario, N0M 2A0

COUNCIL PRESENT:

• Mayor DeViet, 
• Deputy Mayor Brennan, 
• Councillor Heffernan, 
• Councillor Shipley, 
• Councillor Aerts, 
• Councillor Cates, 
• and Councillor Berze 

STAFF PRESENT:

• Michael Di Lullo - Chief Administrative Officer, 
• James Hutson - Municipal Clerk, 
• Megan Kamermans - Deputy Clerk, 
• Arnie Marsman - Director of Building Services / Chief Building Official, 
• 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, 
• and Marion Cabral - County Planner 

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1.

CALL TO ORDER

Mayor DeViet calls the meeting to order at 5:30 p.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 electronically.

Members of the public may also attend the meeting in-person at the Ilderton Community Centre located at 13168 Ilderton Rd, Ilderton, ON N0M 2A0

2.

ADDITIONS TO THE AGENDA

There are no additions to the February 21, 2024 Council meeting agenda.

3.

DISCLOSURE OF PECUNIARY INTEREST

There are no Disclosures of Pecuniary Interest to note for the February 21, 2024 Council meeting.

4.

DELEGATIONS AND PRESENTATIONS 

There are no Delegations, Presentations or Petitions to note for the February 21, 2024 Council meeting.

5.

ADOPTION OF THE MINUTES

5.1

Minutes of the February 7, 2024 Council Meeting

• Resolution # 2024-039
  Moved by: Councillor Heffernan
  Seconded by: Councillor Cates

  THAT the minutes of the February 7, 2024 meeting of Council be adopted as printed.

  CARRIED

6.

CONSENT AGENDA

• Resolution # 2024-040
  Moved by: Councillor Berze
  Seconded by: Councillor Cates

  THAT Consent items 6.1 through 6.11 listed on the February 21, 2024 agenda be adopted as recommended.

  CARRIED

6.1

2023 By-law Enforcement Summary

• THAT Report BLD-02-2024, re: 2023 By-law Enforcement Summary be received for information.

6.2

Enbridge Gas 2024 Rebasing Application

• THAT Report CAO-3-2024, re; Enbridge Gas 2024 Rebasing Application be received for information.

6.3

YMCA Surplus 2023

• THAT Report CPS-10-2024, re: YMCA surplus 2023 be received for information.

6.4

Budget to Actual January 2024

• THAT the Budget to Actual report CPS-11-2024 for January 2024 be received as information.

6.5

Procurement Activity, 2023

• THAT Report CPS-12-2024, re: Procurement Activity in 2023 be received for information.

6.6

Award of Brush Chipper Replacement

• THAT report PWE 03-2024 re: be received for information;

  AND THAT the purchase of 1 new BC1800XL Brush Chipper be awarded to Vermeer Canada Inc. in the amount of $157,755.94 (including municipal portion of nonrefundable HST);

  AND THAT Council approve a budget overage of $12,755.94

6.7

Award of Grade Control & Layout Equipment

• THAT report PWE 04-2024 re: be received for information

  AND THAT the purchase of new grade control and layout equipment be awarded to Survey Solutions Inc. in the amount of $147,476.16 (including municipal portion of nonrefundable HST);

  AND THAT Council approve a budget overage of $17,476.16

6.8

2023 Annual Drinking Water System Performance and Summary Report

• THAT Report PWE-06-2024, re: 2023 Annual Drinking Water System Performance and Summary Report be received for information

6.9

2023 Annual Wastewater System Performance Reports

• THAT Report PWE-07-2024, re: 2023 Annual Wastewater System Performance Reports be received for information.

6.10

Dale Municipal Drain Request for Drain Improvement

• THAT the Request for Drain Improvement submitted by landowner Mike Dale proceed;

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

  AND FURTHER THAT following the notice to the appropriate agencies, Mike DeVos, P.Eng. of Spriet Associates be appointed to prepare a Drainage Report for the improvement of the requested Municipal Drain, all in accordance with the Ontario Drainage Act.

6.11

Year End and Fourth Quarter 2023 Building Activity Summary

• THAT Report BLD-01-2024, re: Year End and Fourth Quarter 2023 Building Activity Summary be received for information.

7.

STAFF REPORTS

There are no Staff Reports to note for the February 21, 2024 Council meeting.

8.

COMMITTEE OF ADJUSTMENT 

• Resolution # 2024-041
  Moved by: Councillor Cates
  Seconded by: Councillor Berze

  THAT Council adjourn its regular meeting at 5:34 pm in order to sit as a Committee of Adjustment under Section 45 of The Planning Act, 1990, as amended, to consider the Minor Variance application listed on the February 21, 2024 Council Agenda.

  CARRIED

8.1

Application for Minor Variance (File No. A-2/2024)

Marion Cabral, County Planner is in attendance to provide an overview of the planning report. 

Alexandra Hassen is in attendance on behalf of the applicant to speak to the application.

Bill Masse is in attendance to speak to the application.

• Resolution # 2024-042
  Moved by: Councillor Shipley
  Seconded by: Deputy Mayor Brennan

  THAT Minor Variance Application A-2/2024, filed by Sifton Properties Limited for relief from the Comprehensive Zoning By-law in order to establish a Minimum Lot Area of 160 m² for Units 3, 4, 42, and 48; a Minimum Lot Depth of 24 m for Units 4, 5 and 6; a Minimum Front Yard Setback (to a garage) of 5.5 m for Units 1, 2, 3, 4 and 5; a Minimum Exterior Side Yard Setback to a public road of 3.0 m; a Minimum Rear Yard Setback of 4.5 m for Units 4, 5, and 11; Maximum Density of 37 UPH; and a Minimum Outdoor Amenity Area of 35 m² for Units 3, 4, 5, 13, 14, 15, 16, 19, 20, 21, 22, 25, 26, 29, 30, 31, 34, 35, 43, 46, 47, 48, and 49, for a property legally described as Block 56 of 33M-836, in the Municipality of Middlesex Centre, County of Middlesex, be DEFERRED to the March 20, 2024 Council meeting. 

  DEFERRED

9.

PUBLIC MEETINGS

• Resolution # 2024-043
  Moved by: Councillor Cates
  Seconded by: Councillor Berze

  THAT the Committee of Adjustment adjourn at 5:52 pm and Council resume their regular meeting;

  AND THAT Council move into Public Meetings at 5:52 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the February 21, 2024 Council agenda.

  CARRIED

9.1

Consent Application (B-1/2024), 10132 Sinclair Drive

Marion Cabral, County Planner is in attendance to provide an overview of the planning report. 

• Resolution # 2024-044
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Cates

  THAT Consent Application B-1/2024, filed by Alan Wood and Marion Wood, in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described as Concession 7 S, Part of Lot 6, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 10132 Sinclair Drive; be GRANTED subject to conditions.

  AND THAT Consent B-1/2024 be subject to the following conditions:

  1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been met.

      

  2. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.

      

  3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-1/2024 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.

      

  4. That the Owner’s solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent.

      

  5. That the Owner’s solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision.

      

  6. That the Owner enter into a severance agreement with the Municipality in order to advise future owner of the severed lot of Consent B-1/2024 of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended.

      

  7. That any outstanding property taxes for the severed and retained lots of Consent B-1/2024 be paid in full.

      

  8. That, if necessary a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.

      

  9. That a Zoning By-law Amendment that recognizes the residential use of the severed lot and prohibits any additional residential use on the retailed lot of Consent B-1/2024 be in full force and effect.

      

  10. That the Owner provide confirmation that the private sewage disposal system that services the residence on the severed lot of Consent B-1/2024 is wholly contained on the said lot and that a 100% contingency area exists, to the satisfaction of the Municipality.

       

  11. That the severed land requires its own entrance, address and any laneway connecting the retained and severed land shall be altered in such a way that one cannot travel from one parcel of land to the other.

       

  12. That the hydro service for the severed lands be fully within the boundary of the proposed severed lot.

       

  13. That an address be assigned and number erected for the retained agricultural parcel.

       

  14. That no livestock shall be maintained on the severed lands and that Owner demonstrate that the existing accessory building does not contains any stalls or pens, to the satisfaction of the Chief Building Official.

  AND FURTHER THAT the reasons for granting Consent Application B-1/2024 include:

  • The proposal is consistent with the Provincial Policy Statement;
  • The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
  • Subject to the conditions, the proposal would comply with the Middlesex Centre Comprehensive Zoning By-law.
  CARRIED

9.2

Applications for Official Plan Amendment (OPA 63) and Zoning By-law Amendment (ZBA-18-2023) for 13339 Ilderton Road; Filed by Michael Juba, Hasan Rosanally, and Bradley Linton

Marion Cabral, County Planner is in attendance to provide an overview of the planning report. 

Michael Juba and Bradley Linton, the applicants are in attendance to provide comments on the application.

Megan Webber is in attendance to provide comments on the application.

• Resolution # 2024-045
  Moved by: Councillor Cates
  Seconded by: Deputy Mayor Brennan

  THAT Zoning By-law Amendment application (ZBA-18-2023) and Official Plan Amendment application (OPA 63), filed by Michael Juba, Hasan Rosanally, and Bradley Linton, to redesignate the land to ‘Settlement Commercial’ and rezone to a new site-specific ‘Village Commercial (C1)’ zone, be RECEIVED FOR INFORMATION.

  CARRIED

10.

COUNCIL TO RISE FROM PUBLIC MEETINGS

• Resolution # 2024-046
  Moved by: Councillor Cates
  Seconded by: Councillor Shipley

  THAT the public meetings adjourn at 6:17 pm and Council resume their regular meeting;

  CARRIED

11.

NOTICE OF MOTION

There are no Notices of Motion to note for the February 21, 2024 Council meeting.

12.

CORRESPONDENCE

• Resolution # 2024-047
  Moved by: Councillor Aerts
  Seconded by: Councillor Cates

  THAT the Correspondence items 12.1 through to 12.7 be received as information.

  CARRIED

12.1

Middlesex-London Board of Health Meeting Summary - January 18 2024

12.2

Middlesex EarlyON - 2023 Year in Review

12.3

Thames Centre Appointments to OPP Detachment Board - Jan 29 2024

12.4

Adelaide Metcalfe Appointment to OPP Detachment Board - February 7 2024

12.5

Western Ontario Wardens Caucus Social and Economic Prosperity Review - February 13, 2024

12.6

Lake Huron Primary Water Supply System - 2023 Report

12.7

Steve McCullagh - Comments about proposed Zoning Variance A-02-2024

13.

COUNTY COUNCIL UPDATE

Deputy Mayor Brennan provides an overview of the Middlesex County Council meeting held on February 13, 2024.

Please visit the Middlesex County website for full meeting minutes and highlights.

14.

OTHER BUSINESS

Deputy Mayor Brennan provides accolades to Fire Chief Toth and the Firefighter Support Program that is in place in light of some recent, challenging emergency responses.

15.

CLOSED SESSION

• Resolution # 2024-048
  Moved by: Councillor Aerts
  Seconded by: Councillor Heffernan

  THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 6:22 pm pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters:

  Section 239 (2)(c)  a proposed or pending acquisition or disposition of land by the municipality or local board (Potential Acquisition - Property in Ward 1.

  CARRIED

15.1

CALL TO ORDER

15.2

DISCLOSURE OF PECUNIARY INTEREST

15.3

ADOPTION OF MINUTES

15.3.1

Minutes of the February 7, 2024 Closed Session

15.4

CLOSED SESSION ITEMS

15.4.1

Potential Acquisition - Property in Ward 1

15.5

ADJOURNMENT

16.

BY-LAWS

• Resolution # 2024-051
  Moved by: Councillor Berze
  Seconded by: Deputy Mayor Brennan

  THAT By-Laws 2024-014 through to 2024-015 listed on the February 21, 2024 agenda be approved.

  CARRIED

16.1

2024-014

Being a by-law to amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Concession 10 Part Lot 24  (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903408028700.

16.2

2024-015

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 February 21, 2024 

17.

ADJOURNMENT

• Resolution # 2024-052
  Moved by: Councillor Shipley
  Seconded by: Councillor Aerts

  THAT the Council for the Municipality of Middlesex Centre adjourns the February 21, 2024 Council meeting at 6:55 p.m.

  CARRIED