Middlesex Centre Council Minutes

Regular Meeting of Council

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

Hybrid Council Meeting (Virtual and In-Person)

10227 Ilderton Road / Virtual

Ilderton, Ontario, N0M 2A0

COUNCIL PRESENT:

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

REGRETS:

• Mayor DeViet 

STAFF PRESENT:

• Michael Di Lullo - Chief Administrative Officer, 
• Colin Toth, Director of Emergency Services / Fire Chief, 
• Scott Mairs - Director of Community Services, 
• Tiffany Farrell - Director of Corporate Services, 
• James Hutson - Municipal Clerk, 
• Marion Cabral - County Planner, 
• Dan Fitzgerald - County Planner, 
• Megan Kamermans - Deputy Clerk, 
• and Wayne Ysebaert- Deputy Chief Building Official 

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1.

CALL TO ORDER

Deputy Mayor Brennan 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 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

There are no additions to the February 15, 2023 Council meeting agenda.

3.

DISCLOSURE OF PECUNIARY INTEREST

There are no disclosures of pecuniary interest to note for February 15, 2023.

4.

DELEGATIONS, PRESENTATIONS AND PETITIONS

4.1

Organizational Service Delivery Review Presentation - Blackline Consulting

John Nas of Blackline Consulting is in attendance virtually to provide an overview of the Organizational Service Delivery Review. 

See item 7.1 Organizational Service Delivery Review for staff report, appendixes and resolution.

5.

ADOPTION OF THE MINUTES

5.1

Minutes of the February 1, 2023 Council Meeting

• Resolution # 2023-042
  Moved by: Councillor Cates
  Seconded by: Councillor Berze

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

  CARRIED

6.

CONSENT AGENDA

• Resolution # 2023-043
  Moved by: Councillor Heffernan
  Seconded by: Councillor Cates

  THAT Consent items 6.1 through 6.5 listed on the February 15, 2023 agenda be adopted as recommended.

  CARRIED

6.1

TVDSB Attendance Area Review

• THAT Report CAO-4-2023, re: TVDSB Attendance Area Review be received for information.

6.2

YMCA Surplus 2022

• THAT Report CPS-12-2023, re: YMCA surplus 2022 be received for information.

6.3

Diversity Equity and Inclusion 2022 Report

• THAT Report CPS-14-2023, re: Diversity, Equity and Inclusion 2022 be received for information.

6.4

McLachlan Tile Loan Application

• THAT Council approves the Tile Loan Application submitted by the McLachlans;

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

6.5

Bear Creek Drain Branch 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 Associates be appointed to prepare a Drainage Report for the creation of a new branch of the Bear Creek Drain, all in accordance with the Ontario Drainage Act.

7.

STAFF REPORTS

7.1

Organizational Service Delivery Review

• Resolution # 2023-041
  Moved by: Councillor Shipley
  Seconded by: Councillor Aerts

  THAT Report CPS-13-2023, re: Organizational Service Delivery Review be received;

  AND THAT the recommendations contained in the Plan be reviewed on an annual basis as part of the Municipality’s budget deliberations.

  CARRIED

7.2

Municipal Office Renovation Project

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

Scott Mairs, Director of Community Services is in attendance to comment on the staff report.

• Resolution # 2023-055
  Moved by: Councillor Aerts
  Seconded by: Councillor Shipley

  THAT Report CAO-5-2023, re: Municipal Office Renovation Project be received;

  AND THAT the project budget be approved, as amended, for a total cost of $5,716,689.00;

  THAT Council approve amending the Reserve and Reserve Fund Policy to include an additional reserve fund; Municipal Office Build Fund;

  AND THAT the Director of Corporate Services be directed to amend the existing policy effective February 15, 2023;

  AND FURTHER THAT the transfer from the following reserve funds to the Municipal Office Build Fund be approved.

  • $1,400,000 from the Building Department Reserve Fund; and
  • $1,500,000 from the Build Middlesex Reserve Fund; and
  • $250,000 from the Administrative Support Reserve Fund; and
  • $2,566,689 from the Buildings and Facilities Reserve Fund.
  CARRIED

7.3

Applications for Official Plan Amendment (OPA 50) and Zoning By-law Amendment (ZBA-09-2020) for lands on Dausett Drive; Filed by Zelinka Priamo Ltd. (Katelyn Crowley) on behalf of 756949 Ontario Limited

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

Ian McCullough is in attendance to comment on the application.

• Resolution # 2023-044
  Moved by: Councillor Aerts
  Seconded by: Councillor Shipley

  THAT Official Plan Amendment application (OPA 50), filed by Zelinka Priamo Ltd. on behalf of 756949 Ontario Limited, to redesignate the lands from “Settlement Commercial” to “Medium Density Residential” be ADOPTED;

  AND THAT Zoning By-law Amendment application (ZBA-09-2020), filed by Zelinka Priamo Ltd. on behalf of 756949 Ontario Limited, to rezone the land from ‘Highway Commercial exception 9 (C2-9)’ to a site-specific ‘Urban Residential Third Density (UR3)’ zone be DEFERRED.

  CARRIED

7.4

Applications for Plan of Condominium (39T-MC-CDM2101), Official Plan Amendment (OPA 57) and Zoning By-law Amendment (ZBA-16-2021) for lands known as 6, 10, and 14 Elmhurst Street (Kilworth); Filed by Ric Knutson (Knutson Development Consultants Inc.)

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

Ric Knutson is in attendance on behalf of the applicant to comment on the application.

Win Braunch is in attendance to comment on the application. A copy of the speaking notes are available in the Clerk's office.

Ian McCullough is in attendance to comment on the application.

• Resolution # 2023-045
  Moved by: Councillor Cates
  Seconded by: Councillor Berze

  THAT report PLA-10-2023 regarding Official Plan Amendment application (File: OPA 57), filed by Knutson Development Consultants Inc. on behalf of Sweid Holdings Inc., for lands known as 6, 10, and 14 Elmhurst Street be REFUSED.

  AND THAT the reasons for refusing Official Plan Amendment application (File: OPA 57) include:

  • The request is not consistent with the Provincial Policy Statement, 2020;
  • The request does not conform to the Middlesex County Official Plan; and,
  • The request does not conform to the Middlesex Centre Official Plan.

     

  AND THAT report PLA-10-2023 regarding Zoning By-law Amendment application (File: ZBA-16-2021), filed by Knutson Development Consultants Inc. on behalf of Sweid Holdings Inc., for lands known as 6, 10, and 14 Elmhurst Street be REFUSED.

  AND THAT the reasons for refusing Zoning By-law Amendment application (File: ZBA-16-2021) include:

  • The request is not consistent with the Provincial Policy Statement, 2020;
  • The request does not conform to the Middlesex County Official Plan; and,
  • The request does not conform to the Middlesex Centre Official Plan.

     

  AND THAT the County of Middlesex be advised that Middlesex Centre recommends REFUSAL of Plan of Condominium application (File: 39T-MC-CDM2101), filed by Knutson Development Consultants Inc. on behalf of Sweid Holdings Inc., for the lands known as 6, 10, and 14 Elmhurst Street.

  AND FURTHER THAT the reasons for refusing Plan of Condominium application (File: 39T-MC-CDM2101) include:

  • The request is not consistent with the Provincial Policy Statement, 2020;
  • The request does not conform to the Middlesex County Official Plan; and,
  • The request does not conform to the Middlesex Centre Official Plan.
  CARRIED

8.

COMMITTEE OF ADJUSTMENT 

• Resolution # 2023-046
  Moved by: Councillor Cates
  Seconded by: Councillor Berze

  THAT Council adjourn its regular meeting at 7:07 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 February 15, 2023 Council Agenda.

  CARRIED

8.1

Application for Minor Variance (File No. A-1/2023)

Dan Fitzgerald, County Planner is in attendance to provide an overview of the staff report.

• Resolution # 2023-047
  Moved by: Councillor Shipley
  Seconded by: Councillor Cates

  THAT Minor Variance Application A-3/2021, filed by Danielle and Sean Kennelly for relief from the Comprehensive Zoning By-law in order to establish an interior side yard setback of 1.2 metres (4 feet) on one side, whereas the By-law requires a minimum interior side yard setback of 2.0 metres (7 feet) on one side and 3.0 metres (10 feet) on the other side; for a property legally described as Lot 47 to 48, Part of Lot 64 and 64, Plan 55, in the Municipality of Middlesex Centre, County of Middlesex and is municipally known as 130 Arthur Street, be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-1/2023:

  • 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.
  CARRIED

9.

PUBLIC MEETINGS

• Resolution # 2023-048
  Moved by: Councillor Aerts
  Seconded by: Councillor Heffernan

  THAT the Committee of Adjustment adjourn at 7:15 pm and Council resume their regular meeting;

  AND THAT Council move into Public Meetings at 7:15 pm pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the February 15, 2023 Council agenda.

  CARRIED

9.1

Application for Zoning By-law Amendment (ZBA-14-2022) for 2 Park Crescent and V/L Park Crescent; Filed by Rob Sanderson on behalf of Victoria Sanderson, Rob Sanderson and Lisa Sanderson

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

Barbara Rosser is in attendance virtually on behalf of the applicant to comment on the application.

• Resolution # 2023-049
  Moved by: Councillor Cates
  Seconded by: Councillor Aerts

  THAT Zoning By-law Amendment application (ZBA-11-2023), as amended, filed by Robert Sanderson on behalf of Victoria Sanderson, Rob Sanderson and Lisa Sanderson, to rezone the lands from ‘Hamlet Residential First Density exception 1 (HR1-1)’ and ‘Institutional’ to ‘Hamlet Residential First Density exception 15 (HR1-15)’ and ‘Hamlet Residential First Density exception 16 (HR1-16)’ zones for the land known municipally as 2 Park Crescent and V/L Park Crescent, Municipality of Middlesex Centre, be APPROVED, and that the implementing By-law be forwarded to Council for consideration once a deposited reference plan has been provided to the satisfaction of the Municipality.

  CARRIED

9.2

Application for Part Lot Control Exemption for 33M-673, Blocks 32 and 33; Filed by Pemic Komoka Development Corporation

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

• Resolution # 2023-050
  Moved by: Councillor Cates
  Seconded by: Councillor Berze

  THAT Council pass the Part Lot Control Exemption By-law with respect to the subject lands, 33M-673 Blocks 32 and 33, as generally illustrated on Attachment 1, and to expire two (2) years following passing by Council;

  AND THAT the By-law be forwarded to the County of Middlesex for approval.

  CARRIED

9.3

Applications for Official Plan Amendment (OPA 60) and Zoning By-law Amendment (ZBA-12-2022), filed by Baker Planning Group on behalf of Stanley and Judy Henderson for the lands at 12577 Fifteen Mile Road

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

Caroline Baker is in attendance virtually on behalf of the applicant to comment on the application.

• Resolution # 2023-051
  Moved by: Councillor Shipley
  Seconded by: Councillor Berze

  THAT the Official Plan Amendment No. 60 for the land legally described as Concession 14 N Pt Lot 31, Municipality of Middlesex Centre (former Township of London), be ADOPTED and forwarded to the County of Middlesex for consideration of approval;

  AND THAT the Zoning By-law Amendment application, as amended, filed Baker Planning Group on behalf of Stanley and Judy Henderson, to rezone the subject property from the ‘Agricultural (A1)’ zone to the site-specific ‘Agricultural (A1-41)’ zone for the property legally described as Concession 14 N Pt Lot 31 (former Township of London), Municipality of Middlesex Centre, be APPROVED.

  CARRIED

9.4

Application for Zoning By-law Amendment (ZBA-01-2023) for 15292 Fourteen Mile Road; Filed by Bickell Built Homes Limited on behalf of Jamie Aldrich and Sarah Donaldson

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

Brett Bickell is in attendance on behalf of the applicant to comment on the application. 

• Resolution # 2023-052
  Moved by: Councillor Shipley
  Seconded by: Councillor Berze

  THAT Zoning By-law Amendment application (ZBA-01-2023) for a temporary use zone, filed by Bickell Built Homes Limited on behalf of Jamie Aldrich and Sarah Donaldson, 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 15292 Fourteen Mile Road, be APPROVED;

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

  CARRIED

9.5

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

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

Greg Crunican the applicant is in attendance to comment on the application.

• Resolution # 2023-053
  Moved by: Councillor Shipley
  Seconded by: Councillor Berze

  THAT Zoning By-law Amendment application ZBA-14-2023, filed by 2225660 Ontario Limited, to 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 DEFERRED.

  DEFERRED

10.

COUNCIL TO RISE FROM PUBLIC MEETINGS

• Resolution # 2023-054
  Moved by: Councillor Heffernan
  Seconded by: Councillor Aerts

  THAT the public meetings adjourn at 7:49 pm and Council resume their regular meeting;

  CARRIED

11.

NOTICE OF MOTION

12.

CORRESPONDENCE

• Resolution # 2023-056
  Moved by: Councillor Shipley
  Seconded by: Councillor Heffernan

  THAT the Correspondence items 12.1 through to 12.16 listed on the February 15, 2023 Council agenda be received as information.

  CARRIED

12.1

Candice Smith - ZBA-09-2020 Comments

12.2

Kilworth Heights Mews- ZBA-09-2020 Comments

12.3

David and Patricia Cassidy - ZBA-09-2020 Comments

12.4

Harry Dejonge- ZBA-09-2020 Comments

12.5

Jackie LeDrew- ZBA-09-2020 Comments

12.6

Lori Bork - ZBA-09-2020 Comments

12.7

Mark and Kelly Straatman- ZBA-09-2020 Comments

12.8

Mary Bates- ZBA-09-2020 Comments

12.9

Mo Adair- ZBA-09-2020 Comments

12.10

Norma Roman - ZBA-09-2020 Comments

12.11

Paul & Claudette Reily -ZBA-09-2020 Comments

12.12

Robert Shaw- ZBA-09-2020 Comments

12.13

The Jennings Family - ZBA-09-2020 Comment

12.14

Win Braunsch - 39T-MC-CDM2101 - Elmhurst Street

12.15

Baroudi Law Letter Sweid Holdings Inc- 39T-MC-CDM2101 Comments

12.16

Sue Haber - ZBA-09-2020 Comments

12.17

Harry Dejonge- Submission 2- ZBA-09-2020 Comments

13.

COUNTY COUNCIL UPDATE

Deputy Mayor Brennan provides the following update from Middlesex County Council held on February 14, 2023:

• Council received an overview presentation regarding Municipal Insurance;
• Received a report regarding Disposal of Decommissioned Stair Chairs and Ferno PAC RACS;
• Council authorized and approved their sublease agreement for Culinary Catering Services;
• Council participated in a closed session in order to discuss a property matter;
• Council received reports regarding IT Policy Updates, a Long-Term Care Services Accountability Agreement and the replacement of Washers and Dryers at Strathmere Lodge.

Please visit the Middlesex County website for full meeting highlights. 

14.

OTHER BUSINESS

15.

BY-LAWS

• Resolution # 2023-057
  Moved by: Councillor Heffernan
  Seconded by: Councillor Berze

  THAT By-Laws 2023-016 through 2023-023 listed on the February 15, 2023 Council agenda be adopted as printed.

  CARRIED

15.1

2023-016

Being a by-law to amend the Middlesex center comprehensive zoning by-law number 2005-005 with respect to Concession 14 S Pt Lot 8 (geographic Township of London), Municipality of Middlesex Centre, roll number: 393903401015300

15.2

2023-017

Being a by-law to exempt from part lot control lands legally described as 33M-673, Blocks 32 and 33, Municipality of Middlesex Centre, in the County of Middlesex

15.3

2023-018

Being a by-law to authorize the execution of a Temporary Use Agreement between Jamie Aldrich & Sarah Donaldson “the Owners” and the Municipality of Middlesex Centre as the “Municipality” for lands known municipally as 15292 Fourteen Mile Road and described as Concession 14 S Part Lot 8 (Geographic Township of London)

15.4

2023-019

Being a by-law to appoint a Deputy Clerk for the Municipality of Middlesex Centre (Megan Kamermans)

15.5

2023-020

Being a by-law to amend the Middlesex Centre Comprehensive Zoning By-Law 2005-005 with respect to Concession 14 N PT Lot 31 (Geographic Township of London), Roll number: 393903409013800 

15.6

2023-021

Being a By-Law to adopt Amendment No. 60 to the Official Plan of Middlesex Centre

15.7

2023-022

Being a By-Law to adopt Amendment No. 50 to the Official Plan of Middlesex Centre

15.8

2023-023

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 15, 2023

16.

ADJOURNMENT

• Resolution # 2023-058
  Moved by: Councillor Shipley
  Seconded by: Councillor Cates

  THAT the Council for the Municipality of Middlesex Centre adjourns the February 15, 2023 Council meeting at 8:06 p.m.

  CARRIED