Middlesex Centre Council Agenda
Regular Meeting of Council

Wednesday, March 15, 2023 at 6:00 P.m. - 9:00 P.m.

Hybrid Council Meeting (Virtual and In-Person)

10227 Ilderton Road / Virtual

Ilderton, Ontario, N0M 2A0

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1.

CALL TO ORDER

Mayor DeViet to call the meeting to order at 6:00 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 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.

ADDITIONS TO THE AGENDA

3.

DISCLOSURE OF PECUNIARY INTEREST

The Municipal Conflict of Interest Act requires any member of Council declaring a pecuniary interest and the general nature thereof, where the interest of a member of Council has not been disclosed by reason of the member’s absence from the meeting, to disclose the interest at the first open meeting attended by the member of Council and otherwise comply with the Act.

4.

DELEGATIONS, PRESENTATIONS AND PETITIONS

4.1

Association of Ontario Road Supervisors (AORS) Road Show Overview

Jarett Hoglund, General Superintendent with the County of Middlesex will be in attendance to provide an overview presentation.

5.

ADOPTION OF THE MINUTES

5.1

Minutes of the March 1, 2023 Council Meeting

• THAT the minutes of the Council meeting held on March 1, 2023 be adopted as printed.

6.

CONSENT AGENDA

Items listed under the Consent Agenda are received in one motion. Council members may request that one or more item be removed for consideration seperately.

• THAT Consent items 6.1 through 6.9 listed on the March 15, 2023 agenda be adopted as recommended.

6.1

IESO Pathways to Decarbonization Study

• THAT Report CAO-7-2023, re: IESO Pathways to Decarbonization Study be received for information.

6.2

Budget to Actual February 2023

• THAT Report CPS-17-2023, re: Budget to Actual for February 2023 be received for information.

6.3

Capital Budget to Actual Q4 2022 Preliminary

• THAT Report CPS-18-2023, re: Capital Budget to Actual Q4 2022 preliminary report be received for information.

6.4

Council Remuneration Report 2022

• THAT Report CPS-19-2023, re: 2022 Council Remuneration be received for information.

6.5

Celebrating Middlesex Centre's 25th Anniversary

• THAT Report CPS-20-2023, re: Middlesex Centre’s 25^th Anniversary be received as information.

6.6

Award of 3 Replacement Vehicles for Building Services

• THAT Report PWE 12-2023 re: Award of 3 Replacement Vehicles for Building Services be received;

  AND THAT the purchase of 3 new 2023 Ford Escape Hybrid SUV’s be awarded to McDonnell Motors Ltd. in the amount of $134,109.60 (excluding HST);

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

6.7

Tender Results for Load & Haul of Granular A

• THAT Report PWE-14-2023, re: Tender Results for Load and Haul of Granular A be received for information;

  AND THAT Council award the Load & Haul of Granular ‘A’ tender to the lowest tender bid submission received from Clarence Carter & Sons Ltd. in the amount of $6.10 per tonne (excluding HST);

  AND FURTHER THAT the Mayor and Clerk be authorized to execute the necessary contract documents.

6.8

Tender Results for Supply and Application of Dust Control

• THAT Report PWE-13-2023, re: Tender Results for Supply and Application of Dust Control be received;

  AND THAT the purchase of services and material for the supply and application of dust control be awarded to the lowest tender bid submission received from Pollard Distributions Inc in the amount of $ 0.124 per liter (excluding HST);

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

6.9

OPA 59 – Request to revise Adopted OPA Schedules A-5, A-6, and A-11

• THAT Report CAO-8-2023, re: OPA 59 - Request to Revised Adopted OPA Schedules A-5, A-6 and A-11 be received;

  AND THAT Middlesex Centre Council direct the County of Middlesex to revise the adopted Official Plan Amendment 59 to amend Land Use Schedules A-11 to include the lands identified as Concession 5 S Pt Lot 31 RP 33R11585 Part 1 into the settlement area and designate them as “Residential”, and amend Land Use Schedules A-5 and A-6 by removing the lands identified in Attachment 4 of this Staff Report and designating them as “Agriculture”.

7.

STAFF REPORTS

7.1

SCADA Standards Consultants Award

• THAT Report PWE 15-2023 regarding SCADA Standards Consultants Award be received;

  AND THAT the SCADA Standards be awarded to Eramosa Engineering Inc. in the amount of $138,389.52 (taxes not included);

  AND FURTHER THAT the Mayor and Clerk be authorized to execute the necessary contract documents.

7.2

Applications for a Zoning By-law Amendment (ZBA-13-2022), filed by 2225660 Ontario Limited for the lands known as 23778 Richmond Street

• THAT Zoning By-law Amendment application ZBA-13-2022, filed by 2225660 Ontario Limited, to add a new definition of ‘cidery’ and rezone the subject property from the ‘Agricultural (A1)’ zone to the site-specific ‘Agricultural exception 40 (A1-40)’ zone for the land municipally known as 23778 Richmond Street, former Township of London, Municipality of Middlesex Centre, be APPROVED.

8.

COMMITTEE OF ADJUSTMENT 

• THAT Council adjourn its regular meeting at _____ 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 applications listed on the March 15, 2023 Council Agenda.

8.1

Application for Minor Variance (File No. A-2/2023)

• THAT Minor Variance Application A-2/2023, filed by Ricardo Teves for relief from the Comprehensive Zoning By-law in order to establish an minimum rear yard setback for an attached covered deck of 5.17 metres (16.9 feet), whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum rear yard setback of 8.0 metres (26.2 feet, for a property legally described as Unit 13, Level 1, Plan MVLCP885, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 202 – 9861 Glendon Drive in Komoka, be GRANTED, subject to the following conditions:

  THAT the minimum rear yard setback shall reduction to 5.17 metres (16.9 feet) shall only apply to the deck as shown on the attached drawing, and the remainder of the single detached dwelling shall maintain a minimum 8.0 metre setback as shown on the site plan;

  AND THAT the reasons for granting Minor Variance Application A-2/2023:

  • The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;
  • The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;
  • The request is minor in nature; and
  • The request represents appropriate development on the subject property.

8.2

Application for Minor Variance (File No. A-3/2023)

• THAT THAT Minor Variance Application A-3/2023, filed by John Szabo on behalf of Linrui Geo and Fuyan Li in order to expand a legal non-conforming use to permit a 37.16 square metre addition to an existing single detached dwelling on the property; for a property legally known as Part of Lot 18, London Concession 7 N, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 14081 Eight Mile Road, be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-3/2023 include:

  • The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;
  • The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;
  • The request is minor in nature; and
  • The request represents appropriate development on the subject property.

8.3

Application for Minor Variance (File No. A-4/2023)

• THAT Minor Variance Application A-4/2023, filed by Michael J Lamb on behalf of Sharon and Mark Lapointe for relief from the Comprehensive Zoning By-law in order to establish a reduced minimum lot size of 0.97 hectares (2.4 acres) and a minimum frontage of 91.4 metres (299 feet) for a property legally described as Part of Lot 6, Concession 3 E, Lot 13 of Reg Comp Plan 427, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 3611 Woodhull Road, be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-4/2023:

  • The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;
  • The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;
  • The request is minor in nature; and
  • The request represents appropriate development on the subject property.

8.4

Application for Minor Variance (File No. A- 5/2023)

• THAT Minor Variance Application A-5/2023, filed by Andrew Douglas on behalf of 1917155 Ontario Inc. for relief from the Comprehensive Zoning By-law in order to establish a reduced minimum outdoor amenity area of 30 m² per dwelling unit and a reduced width for a planting strip between a property line and driveway of 0.0 m for a property legally described as Concession 11 Pt Lot 26, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 13178 Ilderton Road, be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-5/2023:

  • The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;
  • The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;
  • The request is minor in nature; and
  • The request represents appropriate development on the subject property.

9.

PUBLIC MEETINGS

Members of the public are invited to submit written comments or requests to delegate for Planning related items via email to [e-mail].

All written delegation and correspondence submissions will form part of the public record.

• THAT the Committee of Adjustment adjourn at ____ pm and Council resume their regular meeting;

  AND THAT Council move into Public Meetings at ________pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the March 15, 2023 Council agenda.

9.1

Consent Application (B-1/2023), 16 Victoria Street

• THAT Consent Application B-1/2023, filed by Jeff Crosby on behalf of Yolande McIntosh, in order to permit the adjustment of a boundary by conveying approximately 733.12 square metres from Part of Park Lot 9 Plan 47, Part 1 on Reference Plan 34R2205 to be merged with an abutting lot legally described as Part of Park Lot 9 Plan 47, Part 2 on Reference Plan 34R2205, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 16 Victoria Street, be GRANTED;

  AND THAT Application for Consent B-1/2023 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 fulfilled.

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

  3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-1/2023, and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.

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

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

  6. That any outstanding property taxes for the subject parcels are described in the decision of Consent B-1/2023 be paid in full.

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

  8. That the lands to be adjusted be severed and merged in the same name and title as the adjacent property’s receiving lands as a result of the adjustment, and that subsection 50(3) or (5) of the Planning Act apply to any subsequent conveyances involving the enlarged parcel, and that any mortgages that may be required take into the account the parcel as enlarged.

  9. That the adjusted lands be confirmed to meet all applicable zoning by-law provisions and that if necessary, the lands be subject to a minor variance.

  10. That the septic system servicing 16 Victoria Street be wholly located within the remnant lands to the satisfaction of the Chief Building Official.

  AND FURTHER THAT the reasons for granting Consent Application B-1/2023 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.

9.2

Request to Remove (h-1) Holding Symbol from “Cudney Blue” Subdivision Phase 1 Lots 1 - 8; Filed by Baker Planning Group on behalf of 2270942 Ontario Limited

• THAT the request by Baker Planning Group on behalf of 2270942 Ontario Limited to remove the (h-1) holding symbol from the zoning of the land known legally as part of Concession 2 PT Lot 6, Middlesex Centre, be APPROVED.

9.3

Application for Zoning By-law Amendment (ZBA-02-2023) for 15548 Nine Mile Road; Filed by Karl Pfister

• THAT Zoning By-law Amendment application (ZBA-02-2023) for a temporary use zone, filed by Karl Pfister, to permit two single-detached dwellings on one property for up to three years to allow a new residence to be constructed on the land known as 15548 Nine Mile Road, be APPROVED;

  AND THAT the owner be required to enter into a Temporary Use Agreement with the Municipality and submit a total deposit of $15,000 to ensure the removal of the existing residence.

10.

COUNCIL TO RISE FROM PUBLIC MEETINGS

• THAT the public meetings adjourn at ____ pm and Council resume their regular meeting;

11.

NOTICE OF MOTION

12.

CORRESPONDENCE

• THAT the Correspondence items 12.1 through to 12.7, listed on the March 15, 2023 agenda be received as information.

12.1

Association of Municipalities of Ontario (AMO) - Proposal to End Homelessness

12.2

Ministry of Natural Resources and Forestry - Proposed Amendments to O. Reg. 161/17 Floating Accommodations

12.3

Lake Huron Primary Water Supply System - 2022 Annual Report

12.4

Middlesex London Board of Health Meeting Summary - February 2023

12.5

Office of the Middlesex County Warden – Mobile Crisis Response Team Funding Extension

12.6

St. Clair Region Conservation Authority - 2022 Annual Report

12.7

Middlesex Centre Archives - Thank-you Letter

13.

COUNTY COUNCIL UPDATE

14.

CLOSED SESSION

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

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

  Section 239 (2)(f)  advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

14.1

CALL TO ORDER

14.2

DISCLOSURE OF PECUNIARY INTEREST

14.3

ADOPTION OF MINUTES

14.3.1

Minutes of the March 1, 2023 Closed Session

14.4

CLOSED SESSION ITEMS

14.4.1

Litigation Update - Ward 4 Development

14.4.2

OLT Appeal Update (Ward 1)

14.5

ADJOURNMENT

15.

OTHER BUSINESS

16.

BY-LAWS

• THAT By-law 2023-028 through By-law 2023-033, listed on the March 15, 2023 agenda, be approved.

16.1

2023-028

Being a by-law to amend the Middlesex Centre Comprehensive Zoning By-law number 2005-005 with respect to Concession 9, South Part Lot 6 (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903403005400

16.2

2023-029

Being a by-law to authorize the execution of a Temporary Use Agreement between Karl Pfister “the Owner” and the Municipality of Middlesex Centre as the “Municipality” for lands known municipally as 15548 Nine Mile Road and described as Concession 9, South Part Lot 6 (geographic Township of London)

16.3

2023-013

Being a by-law of the Corporation of the Municipality of Middlesex Centre to provide for a drainage works to be known as the Government Drain No. 2 - Branch 6 2022 

Third and Final Reading

16.4

2023-030

Being a by-law to amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Concession 2 PT Lot 6, Municipality of Middlesex Centre.

16.5

2023-031

Being a by-law to amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Concession 15 S PT Lot 16 RP33R6378 Part 4 (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903401006900

16.6

2023-032

Being a by-law approving and ratifying a Severance Agreement between Superspace Ltd as the “Owner” and the Municipality of Middlesex Centre as the “Municipality” 

16.7

2023-033

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 March 15, 2023

17.

ADJOURNMENT

• THAT the Council for the Municipality of Middlesex Centre adjourns the March 15, 2023 Council meeting at ___ p.m.