Middlesex Centre Council Agenda
Regular Meeting of Council

Wednesday, November 15, 2023 at 5:30 P.m. - 6:30 P.m.

Hybrid Council Meeting (Virtual and In-Person)

13168 Ilderton Road / Virtual

Ilderton, Ontario, N0M 2A0

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1.

CALL TO ORDER

Mayor DeViet to call 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 being held electronically.

Members of the public may also attend the meeting in-person at the Ilderton Community Centre, located at 13168 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

5.

ADOPTION OF THE MINUTES

5.1

Minutes of the November 1, 2023 Council Meeting

• THAT the minutes of the Middlesex Centre Council meeting held on November 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 further action.

• THAT Consent items 6.1 through 6.8 listed on the November 15, 2023 agenda be adopted as recommended.

6.1

2023 Property Tax Write Off

• THAT report CPS-48-2023, the 2023 Property Tax Write Off report be received;

  AND THAT taxes amounting to $4,500.16 be written off pursuant to the provisions of Section 354 (2) and (3) of the Municipal Act, 2001.

6.2

Failed Tax Sale - Vesting

• THAT Report CPS-49-2023, re: Failed Tax Sale – Vesting report be received;

  AND THAT the municipality registers on title a Notice of Vesting pursuant to subsections 379 (5b) and (7.1) of the Municipal Act, 2001.

6.3

Continuous Improvement Program for 2023

• THAT Report CAO-34-2023 re: Continuous Improvement Program for 2023 be received for information.

6.4

Budget to Actual October 2023

• THAT the Budget to Actual Report CPS-53-2023 for October 2023 be received as information.

6.5

Pre-budget approval for 2024 Capital projects

• THAT Report CPS-55-2023, the pre-budget approval for 2024 capital projects be received;

  AND THAT the 2024 capital projects included in report CPS-55-2023 receive pre-budget approval.

6.6

Steve Kennedy Drainage Petition

• THAT the Petition for Drainage submitted by landowner Steve Kennedy 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 creation of the requested Municipal Drain, all in accordance with the Ontario Drainage Act.

6.7

Ondrejicka Tile Loan Application

• THAT Council approves the Tile Loan Application submitted by JoAnn Ondrejicka;

  AND THAT the Municipality’s Tile Drainage Inspector be instructed to complete the associated forms and submit to OMAFRA.

6.8

708 Gideon Drive Drainage Petition

• THAT the Petition for Drainage submitted 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 and Associates be appointed to prepare a Drainage Report for the creation of a new Municipal Drain, all in accordance with the Ontario Drainage Act.

7.

STAFF REPORTS

7.1

2024 Water, Wastewater and Stormwater Rate Proposal

• THAT Report PWE 51-2023, re: 2024 Water, Wastewater and Stormwater Rate Proposal be received;

  AND THAT the 2024 water rates be increased 1% over the 2023 water rate;

  AND THAT the 2024 wastewater rates be increase 4% over the 2023 wastewater rate;

  AND FURTHER THAT the 2024 stormwater rates be increased 2.5% over the 2023 stormwater rates.

7.2

Fees and Charges By-Law 2024

• THAT Report CPS-51-2023, re: Fees and Charges By-law 2024 be received;

  AND THAT the 2024 Fees and Charges By-law attached as Appendix ‘A1’ be approved.

7.3

2024 Budget

• THAT Report CPS-52-2023, re: 2024 Budget report and draft booklet be received.

8.

PUBLIC MEETINGS

• 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 November 15, 2023 Council agenda.

8.1

Application for Zoning By-law Amendment (ZBA-17-2023) for 14727 Nine Mile Road; Filed by Joseph Hentz (Lerners LLP) on behalf of 1879517 Ontario Limited

• THAT Zoning By-law Amendment Application (ZBA-17-2023), as amended, filed by Joseph Hentz (Lerners LLP) on behalf of 1879517 Ontario Limited, to rezone the lands known as 14727 Nine Mile Road from ‘Agricultural (A1)’ to ‘Surplus Residence (SR)’ and ‘Agricultural exception 49 (A1-49)’ for the severed and retained lands of consent application B-10/23, be APPROVED.

8.2

Consent Application (B-21/2023); 10701 Lamont Drive

• THAT Consent Application B-21/2023, filed by Courtney Sinclair on behalf of 1891958 Ontario Ltd in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described as Part of Lot 11, Lobo Concession 5 North, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 10701 Lamont Drive, be GRANTED.

  AND THAT Consent B-21/2023 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 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-21/2023 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-21/2023 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-21/2023 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 reduced frontage and prohibits any additional residential use on the retained lot of Consent B-21/2023 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-21/2023 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 the agricultural buildings on the remnant parcel either be removed, or altered in such a way, through a building permit, that it would no longer be suitable for housing livestock to the satisfaction of the municipal building department, thereby ensure no compliance issues with MDS.

  14. That any remaining buildings on the retained lands maintain their own hydro service wholly contained on the retained lands, if required.

  15. That any access between the severed and retained parcels be removed, including any driveways connecting the two parcels, to the satisfaction of the Chief Building Official.

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

  17. That the Owner will be required to dedicate lands measured up to 18 m from the centreline of construction of County Road 22 (Egremont Drive) across the retained parcel to the County of Middlesex for the purposes of road widening if the right of way is not already to that width.

  AND FURTHER THAT the reasons for granting Consent Application B-21/2023 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.

8.3

Consent Application (B-22/2023); 6069 Egremont Drive

• THAT Consent Application B-22/2023, filed by Courtney Sinclair on behalf of 1891958 Ontario Ltd in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described Part of Lot 10, Concession 5 North, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 6069 Egremont Drive, be GRANTED.

  AND THAT Consent B-22/2023 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 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-22/2023 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-22/2023 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-22/2023 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 reduced frontage and prohibits any additional residential use on the retained lot of Consent B-22/2023 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-22/2023 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 any access between the severed and retained parcels be removed, including any driveways connecting the two parcels, to the satisfaction of the Chief Building Official.

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

  15. That the Owner will be required to dedicate lands measured up to 18 m from the centreline of construction of County Road 22 (Egremont Drive) across the retained parcel to the County of Middlesex for the purposes of road widening if the right of way is not already to that width.

  AND FURTHER THAT the reasons for granting Consent Application B-22/2023 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.

8.4

Consent Application (B-23/2023); 9787 Ivan Drive

• THAT Consent Application B-23/2023, filed by Courtney Sinclair on behalf of Ross James McLachlan, Katherine McLachlan, and Stuart Donald McLachlan in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described as Part of Lot 3, Concession 7 North, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 9787 Ivan Drive, be GRANTED.

  AND THAT Consent B-23/2023 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 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-21/2023 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-23/2023 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-23/2023 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 reduced frontage and prohibits any additional residential use on the retained lot of Consent B-23/2023 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-23/2023 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 any remaining buildings on the retained lands maintain their own hydro service wholly contained on the retained lands, if required.

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

  15. That the retained accessory building must be confirmed by a professional engineer, or to the satisfaction of the Chief Building Official, to be suitable to support a residential accessory use. A building permit is required if any improvements are to be made. The applicant is to demonstrate that the accessory buildings meet the applicable zoning by-law standards.

  AND FURTHER THAT the reasons for granting Consent Application B-23/2023 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.

8.5

Consent Application (B-20/2023); 14387 Ilderton Road

• THAT Consent Application B-23/2023, filed by Jack Sousa on behalf of Farhi Farming Corporation in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described as Part of Lot 16, London Concession 10, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 14387 Ilderton Road, be DENIED.

  AND THAT should Council grant Consent Application B-20/2023, 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 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-20/2023 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-20/2023 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-20/2023 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 reduced frontage and prohibits any additional residential use on the retained lot of Consent B-20/2023 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-20/2023 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 any remaining buildings on the retained lands maintain their own hydro service wholly contained on the retained lands.

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

  15. That the Owner will be required to dedicate lands measured up to 18 m from the centreline of construction of County Road 16 (Ilderton Road) across the severed and retained parcels to the County of Middlesex for the purposes of road widening if the right of way is not already to that width.

  AND FURTHER THAT the reasons for denying Consent Application B-20/2023 include:

  • The proposal is not consistent with the Provincial Policy Statement; and,
  • The proposal does not conform to the County of Middlesex Official Plan and the Middlesex Centre Official Plan.

9.

COUNCIL TO RISE FROM PUBLIC MEETINGS

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

10.

NOTICE OF MOTION

11.

CORRESPONDENCE

• THAT the Correspondence items 11.1 through 11.2 be received as information.

11.1

Ausable Bayfield Conservation Budget Committee Minutes - October 12, 2023

11.2

St. Clair Region Conservation Authority - Flood Program Overview

11.3

Notice of Community Meeting and Community Engagement Plan - Stanton Green Energy

12.

COUNTY COUNCIL UPDATE

13.

OTHER BUSINESS

14.

BY-LAWS

• THAT By-Laws 2023-117 through to 2023-122 inclusive be approved passed and adopted.

14.1

2023-117

Being a by-law to establish various fees and charges for services provided by the municipality of Middlesex Centre (“Fees and Charges By-Law” or “Fee By-law”)

14.2

2023-118

Being a by-law to authorize the execution of a Temporary Use Agreement between
Joshua Fleming and Jazmin Fleming “the Owner” and the Municipality of Middlesex Centre as the “Municipality” for lands known municipally as 20706 Vanneck Road

14.3

2023-119

Being a by-law to amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Concession 8 N Part Lot 13  (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903403008300.

14.4

2023-120

Being a By-Law of the Corporation of the Municipality of Middlesex Centre to establish fees and charges for stormwater rates for services provided by the municipality of Middlesex Centre

14.5

2023-121

Being a By-Law of the Corporation of the Municipality of Middlesex Centre to establish fees and charges for water and wastewater rates for services provided by the municipality of Middlesex Centre

14.6

2023-122

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 November 15, 2023

15.

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

15.1

CALL TO ORDER

15.2

DISCLOSURE OF PECUNIARY INTEREST

15.3

ADOPTION OF MINUTES

15.3.1

Minutes of the October 4, 2023 Closed Session

15.4

CLOSED SESSION ITEMS

15.4.1

Potential Property Disposition - Ward 2

15.5

ADJOURNMENT

16.

ADJOURNMENT

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