Middlesex Centre Council Minutes

Regular Meeting of Council

-
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 Scott
  • Councillor Cates
STAFF PRESENT:
  • Michael Di Lullo - Chief Administrative Officer
  • 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
  • James Hutson - Municipal Clerk
  • Heather Kepran - Communications Specialist
  • Megan Kamermans - Corporate Records and Planning Services
  • Dan Fitzgerald - County Planner
  • Marion Cabral - County Planner
  • Justin Fidler - Community Services Operations Manager
  • Melissa Kopal - Manager of Finance

Mayor DeViet calls the meeting to order at 9:30 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.

There are no additions to the September 7, 2022 Council agenda.

Mayor DeViet presents a certificate to the municipal management and supervisor team who completed a University of Waterloo Course program for Leaders. This (4) part learning series focused on the fundamentals of supervision and management as well as the essentials of building teams that work.

  • Resolution #2022-225
    Moved by:Councillor Shipley
    Seconded by:Councillor Aerts

    THAT the minutes of the Council meeting held on August 3, 2022 be adopted as printed.

    CARRIED
  • Resolution #2022-226
    Moved by:Councillor Cates
    Seconded by:Councillor Heffernan

    THAT Consent items 6.1 through 6.11, save and except item 6.3, listed on the September 7, 2022 agenda be adopted as recommended;

    AND THAT Item 6.3 re: Community Services Advisory Committee Meeting Minutes - June 13, 2022 be brought forward to the September 21, 2022 meeting for consideration.

    CARRIED
  • THAT Report CAO-24-2022, re: Provincial Investment in High-Speed Internet be received for information.

  • THAT Report CMS-12-2022, re: Ilderton Community Centre - Emergency Repair be received;

    AND THAT the emergency repairs to the HVAC at the Ilderton Community Centre be approved;

    AND FURTHER THAT the necessary repair costs of $9,885 be paid for from the Building & Facilities Reserve Fund.

  • THAT the minutes of the Community Services Advisory Committee held on June 13, 2022 be received for information.

  • THAT the Budget to Actual Report CPS-36-2022 for July 2022 be received as information.

  • THAT the electronic monitoring policy appended to Report CPS-27-2022 be approved, effective October 8, 2022.

  • THAT Report CPS-38-2022, re: Council Involvement 2023 Budget be received;

    AND THAT Deputy Mayor Brennan and Councillor Aerts be appointed to the budget working group for the 2023 budget and join municipal staff during budget discussions during September, October and November 2022.

  • THAT Report CLK-08-2022, re: 2023 Council Meeting Schedule be received;

    AND THAT the 2022 Middlesex Centre Council meeting schedule attached as Appendix 'A1' be approved.

  • THAT Report CAO-26-2022, re: Comprehensive Zoning Consolidation Review be received;

    AND THAT WSP Canada Group Limited be authorized to conduct the comprehensive zoning and by-law review for Middlesex Centre;

    AND FURTHER THAT the CAO be authorized to execute the proposal with WSP to undertake the comprehensive zoning and by-law review.

  • THAT Report PWE-34-2022, re: North Frontenac Telephone Corporation Limited Municipal Access Agreement be received;

    AND THAT a by-law be prepared for the purpose of approving the Municipal Access Agreement between the Municipality of Middlesex Centre and North Frontenac Telephone Corporation Limited;

    AND FURTHER THAT That the Mayor and Clerk be authorized to execute the Municipal Access Agreement on behalf of the municipality.

  • THAT the request by Sifton Properties Limited on behalf of 1960634 Ontario Inc. to remove the (h-1) holding symbol from the zoning of the land known legally as 33M-820 Blocks 60 and 61, Middlesex Centre, be APPROVED.

Michael Di Lullo, Chief Administrative Officer, is in attendance to provide an overview of the staff report. 

  • Resolution #2022-227
    Moved by:Councillor Cates
    Seconded by:Deputy Mayor Brennan

    THAT Report CAO-25-2022 re: Cost of Living Adjustment for 2023 be received;

    AND THAT the cost of living adjustment of two and half percent receives pre-budget approval for 2023 and applied to employee wages effective January 1 for the calendar year.

    CARRIED

Tiffany Farrell, Director of Corporate Services, is in attendance to provide an overview of the staff report. 

  • Resolution #2022-228
    Moved by:Councillor Scott
    Seconded by:Councillor Heffernan

    THAT Report CPS-39-2022 outlining the budget survey results be received for information.

    CARRIED

James Hutson, Municipal Clerk, is in attendance to provide an overview of the staff report. 

  • Resolution #2022-229
    Moved by:Deputy Mayor Brennan
    Seconded by:Councillor Cates

    THAT Report CLK-09-2022 re: Conservation Authority Board Appointment Process be received;

    AND THAT the composition of board membership for area conservation authorities be confirmed as Council representatives;

    AND FURTHER THAT no exemption for board membership to select less than 70 per cent of its appointees to an authority from among the members of Council be submitted to the Minister of Environment Conservation and Parks (MECP) at this time.

    CARRIED

James Hutson, Municipal Clerk, is in attendance to provide an overview of the staff report. 

  • Resolution #2022-230
    Moved by:Councillor Heffernan
    Seconded by:Councillor Shipley

    THAT Report CLK-10-2022 re: Establishment of Striking Committee be received;

    AND THAT the Terms of Reference attached as Appendix ‘A1’ be approved;

    AND FURTHER THAT Mayor DeViet, Deputy Mayor Brennan and Councillor Aerts be appointed to the Striking Committee for the remainder of the current term of Council as well as the upcoming 2022-2026 term of Council.

    CARRIED
  • Councillor Aerts declared a conflict on this item. (Councillor Aerts declares a pecuniary interest on item 7.5 noting that they are a renter of adjacent farm property.)

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

Douglas Stanlake, is in attendance on behalf of Stanlake Consulting to comment on the application. Douglas is joined by Joe Hassan.

Jane Campbell is in attendance to comment on the application.

  • Resolution #2022-231
    Moved by:Councillor Cates
    Seconded by:Councillor Scott

    THAT Official Plan Amendment No. 45 (OPA 45) for the land legally described as Concession 3 PT Lot 4 RP 33R19922 Parts 1 to 3 (former Township of Lobo), Municipality of Middlesex Centre, be ADOPTED and forwarded to the County of Middlesex for consideration of approval;

    AND THAT the Zoning By-law Amendment application (ZBA-14-2019), to rezone the subject property from the ‘Existing Use (EU)’ zone to the “Urban Residential First Density exception 44 with Hold(UR1-44)(h-1)”, “Urban Residential First Density exception 45 with Hold (UR1-45)(h-2)(h-3)", “Urban Residential Third Density exception 20 with Hold (UR3-20)(h-2)(h-3)(h-6), “Urban Residential Third Density exception 21 with Hold (UR3-21)(h-2)(h-6)(h-10)”, “Urban Residential Third Density exception 22 with Hold (UR3-22)(h-2)(h-6)(h-10), “Urban Residential Third Density exception 23 with Hold (UR3-23)(h-2)(h-6)(h-10), “Urban Residential Third Density exception 24 with Hold (UR3-24)(h-2)(h-3)(h-6)”, “Parks and Recreation (PR)” and “Open Space exception 8 (OS-8)” zones for the property legally described as Concession 3 PT Lot 4 RP 33R19922 Parts 1 to 3 (former Township of Lobo), Municipality of Middlesex Centre, be APPROVED;

    AND FURTHER THAT the County of Middlesex be advised that Middlesex Centre recommends draft plan approval for the land known legally as Concession 3 PT Lot 4 RP 33R19922 Parts 1 to 3 (former Township of Lobo), Municipality of Middlesex Centre, County File No. 39T-MC1902, subject to the draft plan conditions appended to the Middlesex Centre report PLA-51-2022, and subject to a three (3) year lapse period.

    CARRIED
  • Resolution #2022-232
    Moved by:Councillor Aerts
    Seconded by:Councillor Scott

    THAT Council adjourn its regular meeting at 10:39 a.m. 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 September 7, 2022 Council Agenda.

    CARRIED

Dan FitzGerald, County Planner is in attendance to provide an overview of the Planning report.

  • Resolution #2022-233
    Moved by:Councillor Shipley
    Seconded by:Councillor Cates

    THAT Minor Variance Application A-15/2022, filed by Mark Guzi for relief from the Comprehensive Zoning By-law in order to permit a maximum overall size of 34.5 square metres (371 square feet) or 3.8 percent lot coverage for all accessory buildings, for a property legally described as Part of Block A, Plan 981, Part 2 on Reference Plan 33R19261, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 144 Westbrook Crescent, be GRANTED, subject to the following conditions:

    THAT the accessory building be constructed in the same general location as shown in the applicants site plan, attached to this report,

    AND THAT the reasons for granting Minor Variance Application A-15/2022:

    • 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.
    CARRIED

Dan FitzGerald, County Planner is in attendance to provide an overview of the Planning report.

Scott Pullinadre, the applicant is in attendance to comment on the Planning report.

  • Resolution #2022-234
    Moved by:Councillor Aerts
    Seconded by:Councillor Heffernan

    THAT Minor Variance Application A-16/2022, filed by Scott Puillandre on behalf of Shaun Herbert and Ines Decampos for relief from the Comprehensive Zoning By-law in order to permit an increase to the maximum permissible gross floor area, and reduction to the minimum interior side yard setback for the building and soffit, for a property legally described as Lot 48, Plan 33M656, in the Municipality of Middlesex Centre, County of Middlesex, County of Middlesex, and Municipally known as 67 Earlscourt Terrace, be GRANTED, subject to the following conditions:

    THAT the accessory building be constructed in the same general location as shown in the applicants site plan, attached to this report;

    AND THAT eave troughs and downspouts be required and that all water be directed away from the neighbouring property, fully to be contained on the owners lands;

    AND FURTHER THAT the reasons for granting Minor Variance Application A-16/2022:

    • 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.
    CARRIED

Dan FitzGerald, County Planner is in attendance to provide an overview of the Planning report.

Brett Bickell, the applicant is in attendance to comment on the Planning report.

  • Resolution #2022-235
    Moved by:Councillor Shipley
    Seconded by:Councillor Heffernan

    THAT Minor Variance Application A-17/2022, filed by Brett Bickell on behalf of Jamie Aldrich and Sarah Donaldson, for relief from the Comprehensive Zoning By-law to increase the maximum overall lot coverage to 21.4 percent, for a property legally described as Part of Lot 8, Concession 14 South, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 23498 Highbury Ave North, be GRANTED,

    AND THAT the reasons for granting Minor Variance Application A-17/2022:

    • 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.
    CARRIED

Dan FitzGerald, County Planner is in attendance to provide an overview of the Planning report.

Sandra Feenstra, the applicant is in attendance to comment on the Planning report.

  • Resolution #2022-236
    Moved by:Councillor Aerts
    Seconded by:Councillor Shipley

    THAT Minor Variance Application A-18/2022, filed by Sandra Feenstra for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 167 square metres (1797.6 square feet) or 4.3 percent lot coverage for all accessory buildings, and a maximum height of 6.3 metres (20.9 feet) for a property legally described as Part of Lots 14, 15, Concession 3 East, Part 1 of Reference Plan 33R4964, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 6675 Egremont Drive, be GRANTED, subject to the following conditions:

    THAT the accessory building be located in the same general location as shown on the attached drawings;

    AND THAT the footprint of the accessory building shall not exceed the footprint of the single detached residence on the lands,

    AND FURTHER THAT the reasons for granting Minor Variance Application A-18/2022:

    • 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.
    CARRIED

Dan FitzGerald, County Planner is in attendance to provide an overview of the Planning report.

Colt Rielhoff and Keelan Malloy are in attendance to comment on the Planning report.

  • Resolution #2022-237
    Moved by:Councillor Scott
    Seconded by:Councillor Cates

    THAT Minor Variance Application A-18/2022, filed by Keelan Malloy on behalf of Colt Rielhoff for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 182.27 square metres (1962 square feet) or 4.5 percent lot coverage for all accessory buildings, for a property legally described as Part of Lot 6 Concession 4, Lot 4 on Reg Comp Plan 423, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 9778 Longwoods Road, be GRANTED, subject to the following conditions:

    THAT the accessory building be located in the same general location as shown on the attached drawings;

    AND THAT the accessory building shall only be used for personal use, or as permitted in the in force and effect Zoning By-law;

    AND FURTHER THAT the reasons for granting Minor Variance Application A-19/2022:

    • 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
    CARRIED

Dan FitzGerald, County Planner is in attendance to provide an overview of the Planning report.

Katelyn Crowley is in attendance on behalf of Zelinka Priamo Ltd. to comment on the Planning report.

  • Resolution #2022-238
    Moved by:Councillor Cates
    Seconded by:Councillor Shipley

    THAT Minor Variance Application A-20/2022, filed by Zelinka Priamo Ltd, on behalf of Angie Fievoli, for relief from the Comprehensive Zoning By-law in order to establish a minimum interior side yard setback of 1.8 metres (5.9 feet) on both sides, for a property legally described as Lot 4 to 5 and Part of lot 3, Block R, Plan 109, in the County of Middlesex, Municipality of Middlesex Centre, be referred to staff for further review of the proposed application.

    CARRIED
  • Resolution #2022-239
    Moved by:Councillor Cates
    Seconded by:Councillor Shipley

    THAT the Committee of Adjustment adjourn at 11:26 a.mm and Council resume their regular meeting;

    AND THAT Council move into Public Meetings at 11:26 a.m. pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the September 7, 2022 Council agenda.

    CARRIED

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

JP Viramontes, the applicant is in attendance to comment on the Planning report.

  • Resolution #2022-240
    Moved by:Councillor Scott
    Seconded by:Councillor Shipley

    THAT Zoning By-law Amendment application (ZBA-09-2022) for a temporary use zone, filed by JP Viramontes on behalf of Jennifer and Connie Viramontes, 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 4847 Bells Road, be APPROVED;

    AND THAT the Owners be required to enter into a Temporary Use Agreement with the Municipality and submit a total deposit of $10,000 to ensure the removal of the existing residence.

    CARRIED

Dan FitzGerald, County Planner is in attendance to provide an overview of the Planning report.

Robert Costelo, the applicant is in attendance to comment on the Planning report.

  • Resolution #2022-241
    Moved by:Councillor Cates
    Seconded by:Mayor DeViet

    THAT Consent Application B-8/2022, filed by Gloria and Robert Castelo, on behalf of Michael and Walter Moir, in order to sever and convey as a lot addition a 800 square metres (0.19 acres) parcel of land from a property legally described as Part of Lot 5, London Concession 8, and added to a lot legally described as Part of Lot 5, London Concession 8, Part 1 on Reference Plan 33R20597, in the County of Middlesex, Municipality of Middlesex Centre; be referred back to staff for further review of the application.

    CARRIED
  • Resolution #2022-242
    Moved by:Councillor Cates
    Seconded by:Councillor Shipley

    THAT the public meetings adjourn at 11:52 am and Council resume their regular meeting;

    CARRIED

There are no Notices of Motion to note for September 7, 2022. 

The appointment of Mayor DeViet to the Association of Municipalities of Ontario (AMO) Board of Directors was shared;

A Telecommunications Municipal Access Agreement was approved for FU Fiber Inc.;

A report on the recent emergency purchase of replacement Ferno PAC RACS was received for information;

A 2022 RAM 2500 ¾ ton Tradesman Diesel 4x4 crew cab pick up truck purchase was authorized;

A MLPS Operations Update was received for information;

A report regarding the Accelerated High-Speed Internet Program was provided.

For additional details and full meeting highlights, please visit the County of Middlesex website.

  • Resolution #2022-244
    Moved by:Councillor Scott
    Seconded by:Councillor Cates

    THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 11:56 a.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters:

    Section 239 (2)(b)  personal matters about an identifiable individual, including municipal or local board employees;

    Section 239 (2)(c)  a proposed or pending acquisition or disposition of land by the municipality or local board;

    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.

    CARRIED
  • During the closed session, Council members received an update regarding a request for a surplus lands resolution, and the following motion is now to be considered in open session:

    Resolution #2022-248
    Moved by:Councillor Scott
    Seconded by:Councillor Cates

    THAT Council receives report CLK-07-2022 re: Request for Surplus Lands Resolution for a Municipally Owned Property – Road Allowance. 

    AND THAT Council deems municipally owned surplus land as surplus; 

    AND THAT Council directs staff to proceed with the sale of municipally owned property legally described as Lot 29 RCP 423; Part Lot 27 RFP, Part 2 as in 34R288, Part of the Original Road Allowance Between Lots 6 & 7, Concession 4 Lying Between the Kings Hwy #2 & the Road Allowance Between the former in the Township of Delaware & Township of Westminster, now in the City of London; s/t to the interest, if any, in MW61577, MW77640 s/t DL10573, DL10639; formerly in Delaware Township, now the City of London; Being all of PIN 08503-0169 (hereinafter referred to as the “Subject Lands”), which is deemed surplus to municipal needs; 

    AND FURTHER THAT staff be directed to proceed with disposal of the lands subject to the satisfaction of the retained municipality’s solicitor, the Middlesex County Barrister & Solicitor’s Office.

    CARRIED

14.1
CALL TO ORDER

 

14.2
DISCLOSURE OF PECUNIARY INTEREST

 

14.3
ADOPTION OF MINUTES

 

14.3.1
Minutes of the July 12, 2022 Closed Session

 

14.4
CLOSED SESSION ITEMS

 

14.4.1
Minutes of Settlement - Development Matter - Ward 4

 

14.4.2
Surplus Lands Matter - Former London Township

 

14.4.3
CAO Performance Review

 

14.5
ADJOURNMENT

 
  • Resolution #2022-247
    Moved by:Deputy Mayor Brennan
    Seconded by:Councillor Cates

    THAT Council rise from closed session at 12:53 a.m.

    CARRIED

There are no matters of Other Business to note for September 7, 2022

16.

 
  • Resolution #2022-248
    Moved by:Councillor Shipley
    Seconded by:Councillor Heffernan

    THAT By-laws 2022-084 through By-law 2022-088 listed on the September 7, 2022 Council agenda be adopted as printed.

    CARRIED

Being a By-Law of the Corporation of the Municipality of Middlesex Centre to adopt Amendment No. 45 to the Official Plan of Middlesex Centre

Being a By-Law of the Corporation of the Municipality of Middlesex Centre to amend the Middlesex center comprehensive zoning by-law number 2005-005 with respect to Part Lot 4, Concession 3, RP 33R-19922, Parts 1-3 (geographic Township of Lobo); roll number: 393900002024000 (ZBA-14-2019)

Being a by-law of the Corporation of the Municipality of Middlesex Centre to amend the Middlesex center comprehensive zoning by-law number 2005-005 with respect to Concession 2 PT Lot 12 (geographic Township of Delaware), Municipality of Middlesex Centre, roll number: 393901903006302 (ZBA-09-2022)

Being a by-law of the Corporation of the Municipality of Middlesex Centre to approve and ratify a Municipal Access Agreement between North Frontenac Telephone Corporation, (the “Company”) and the Municipality of Middlesex Centre (the “Municipality”) 

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 September 7, 2022

  • Resolution #2022-249
    Moved by:Deputy Mayor Brennan
    Seconded by:Councillor Heffernan

    THAT the Council for the Municipality of Middlesex Centre adjourns the September 7, 2022 Council meeting at 12:59 p.m.

    CARRIED
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