Middlesex Centre Council Agenda
Regular Meeting of Council

Wednesday, September 08, 2021 at 9:30 A.m. - 12:30 P.m.

Electronic Council Meeting

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1.

CALL TO ORDER

Mayor DeViet to call the meeting to order at 9:30 a.m.

In response to COVID-19 we continue to hold Council meetings electronically.

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.

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

Vande Borne Municipal Drain Consideration of Engineer's Report

Mike DeVos of Spriet Associates will be in attendance virtually to present this report.

• THAT the Council for the Municipality of Middlesex Centre receives the Vande Borne Drain Report from Mike DeVos of Spriet Associates dated June 30, 2020 and authorizes that the project proceed;

  AND THAT the Court of Revision will meet on October 13, 2021;

  AND FURTHER THAT Councillor Heffernan, Councillor Shipley, and Deputy Mayor Brennan be appointed to sit as the members of the Court of Revision with Deputy Mayor Brennan being the Chair.

4.2

Middlesex Centre Archives & the Committee to Establish a Middlesex County Archives - Update Presentation

Carol Small and Carolynn Bart-Riedstra will be in attendance virtually on behalf of the Middlesex Centre Archives along with Dan Oatman of the Komoka Railway Museum.

5.

ADOPTION OF THE MINUTES

5.1

Minutes of the August 11, 2021 Council Meeting

• THAT the minutes of the Middlesex Centre Council meeting held on August 11, 2021 be adopted as printed.

6.

CONSENT AGENDA

Items listed under the Consent Agenda are considered routine and may require discussion but no action on the part of Council. Consent items are received in one motion. Council members may request that one or more item be removed for further action.

• THAT Items 6.1 through 6.4 listed on the Consent Agenda for September 8, 2021 be adopted as recommended.

6.1

Municipal Modernization Funding Program – Execution of Transfer Payment Agreement

• THAT Report CAO-20-2021, re: Municipal Modernization Funding Program – Execution of Transfer Payment Agreement be received;

  AND THAT the Mayor and CAO be authorized to execute the Transfer Payment Agreement with the Ministry of Municipal Affairs and Housing.

6.2

Tender Results – Lewington Municipal Drain Construction Award

• THAT the construction of the Lewington Municipal Drain be awarded to the lowest tender bid submission received from Robinson Farm Drainage Limited in the amount of $235,425.00 + HST.

6.3

Taylor Municipal Drain Branch 1 Request for Improvement

• THAT the Request for Drain improvement submitted by a landowner 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 Taylor Municipal Drain Branch 1, all in accordance with the Ontario Drainage Act.

6.4

First Half 2021 Building Activity Summary

• THAT Report BLD-04-2021 re: First Half 2021 Building Activity Summary be received as information.

7.

STAFF REPORTS

7.1

Cost of Living Adjustment for 2022

• THAT Report CAO-19-2021 re: Cost of Living Adjustment for 2022 be received;

  AND THAT the cost of living adjustment of two percent receives pre-budget approval for 2022 and applied to employee wages effective January 1 for the calendar year.

7.2

2022 Municipal and School Board Election Voting Method and Vendor Agreemeent

• THAT Report CLK-13-2021 re: 2022 Municipal and School Board Election Voting Method and Vendor Agreement be received;

  AND THAT Council endorse an alternative method of voting (telephone and internet) for the 2022 Municipal and School Board Election;

  AND THAT the Mayor and Clerk be authorized to execute the necessary by-law that approves an alternative method of voting (telephone and internet) for the 2022 Municipal and School Board Election;

  AND FURTHER THAT the Mayor and Clerk be authorized execute an agreement for eVoting Services with Intelivote Systems Inc. for the 2022 Municipal & School Board Election.

7.3

Social Media Policy

• THAT Report CPS-43-2021, re: Social Media Policy be received;

  AND THAT the Social Media Policy attached to report CPS-43-2021 be approved.

7.4

Request for Redesignation of Noise Classification for the lands north of the Wellness Centre; Filed by Design for Happiness

• THAT Report PWE 26-2021 regarding a noise classification request for 1 Tunks Lane be received;

  AND THAT the Request for re-designation of noise classification, filed by Design for Happiness, to permit a Class 2 to Class 4, be APPROVED;

  AND FURTHER THAT a By-Law be passed to Designate Class 4 Areas as per Appendix A appended to Report PWE-26-2021.

7.5

Application for Draft Plan of Subdivision (39T-MC2004) and Zoning By-law Amendment (ZBA-24-2020); Filed by Kevin Muir (GSP Group) on behalf of 2270942 Ontario Ltd.

• THAT Zoning By-law Amendment application (ZBA-24-2020), as amended, for 10125 Oxbow Drive filed by Kevin Muir on behalf of 2270942 Ontario Limited to rezone the subject land from ‘Extractive Industrial(M4)’ to ‘Urban Residential First Density with hold (UR1)(h-1)’, ‘Urban Residential First Density exception 41 (UR1-41)’, ‘Urban Residential First Density exception 42 with hold (UR1-42)(h-1)’, ‘Urban Residential First Density exception 43 with hold (UR1-43)(h-1)’, ‘Urban Residential Third Density exception 16 with hold (UR3-16)(h-1)’, and ‘Open Space (OS)’ be APPROVED;

  AND THAT the County of Middlesex be advised that Middlesex Centre recommends draft plan approval for the land known legally as Concession 2 Part Lot 6, former Township of Lobo, Middlesex Centre, County File: 39T-MC2004, subject to the draft plan conditions appended to the Middlesex Centre report PLA-72-2021, and subject to a three (3) year lapse period.

8.

PUBLIC MEETINGS

9.

NOTICE OF MOTION

10.

CORRESPONDENCE

• THAT the Council for the Municipality of Middlesex Centre receives Correspondence items 10.1 and 10.2 listed on the September 8, 2021 Council Agenda as information.

10.1

Make A Wish Canada - Letter of Appreciation

10.2

Ausable Bayfield Conservation Authority - Municipalities Making a Difference – Middlesex Centre

11.

COUNTY COUNCIL UPDATE

12.

OTHER BUSINESS

12.1

Notice of Motion Consideration - Middlesex Centre Mask By-law

Notice of this Motion was provided by Councillor Scott at the August 12, 2021 Council meeting.

• THAT the Middlesex Centre Mask By-law be amended to allow for optional wear in indoor
  settings.

13.

COURT OF REVISION

• THAT Council adjourn its regular meeting in order to sit as the Court of Revision under Section 97 of the Drainage Act, as amended, to consider the Komoka Drain - Union Avenue Branch with members Councillor Aerts, Councillor Cates and Mayor DeViet in the Chair;

13.1

Court of Revision for the Komoka Drain - Union Avenue Branch

The Engineer's Report for the Komoka Drainage Works - Union Avenue Branch was previously considered at the August 11, 2021 meeting of Council.

The Court of Revision will proceed as follows:

1. CALL TO ORDER

All appeals are required to be received in writing 10 days prior to the date of the Court of Revisions as per the notice provided. 

2. ORDER OF APPEALS - 1 appeal received (Jane Campbell)

2.1 Engineering Evidence 

The Engineer will give evidence regarding each appeal before the Court.

2.2 Appellant Comments

Appellants that have submitted an appeal are permitted to address the Court.  Written appeals will be heard in the order they were received.  

The landowners will orally make a case for why their land was improperly assessed before the members of the Court.

3. QUESTIONS FROM THE MEMBERS

Members of the Court of Revision may ask questions of the Engineer or staff. 

4. DELIBERATIONS OF THE COURT OF REVISION

The Court of Revision members (if required) will retreat to deliberate the appeals and make the decision in private. 

If the Court is considering reducing an assessment adding it to a property whose owner is not present, then the Court of Revision will adjourn and notice sent to the absent parties to allow them to appeal the change, then reconvene per s. 53 of the Act. 

5. DECISION

All parties to the drain will receive written notice of the Court of Revision decision which will contain additional information on the process to appeal the decision of the Court of Revision to the Ontario Drainage Tribunal.

6. ADJOURNMENT OF THE COURT OF REVISION

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)(a)  the security of the property of the municipality or local board;

  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)(i)  a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;

14.1

CALL TO ORDER

14.2

DISCLOSURE OF PECUNIARY INTEREST

14.3

ADOPTION OF MINUTES

14.3.1

July 14, 2021 Closed Minutes

14.3.2

August 11, 2021 Closed Minutes

14.4

CLOSED SESSION ITEMS

14.4.1

HRTO Correspondence

14.4.2

Watermain Extension Subsidy Request

14.4.3

Official Plan Review

14.4.4

Disposition of Property

14.5

ADJOURNMENT

15.

BY-LAWS

• THAT By-law 2021-066 and By-laws 2021-082 through By-law 2021-088 be adopted as printed.

15.1

2021-066 Being a by-law to provide for a drainage works to be known as the Carpenter Municipal Drain

Third and Final Reading

15.2

2021-082 Being a by-law to enact a municipal Social Media Policy

15.3

2021-084 Being a by-law to amend the comprehensive zoning by-law number 2005-005 with respect to Concession 2 Part Lot 6 (ZBA-24-2020)

15.4

2021-081 Being a by-law to dedicate 0.3m (1 foot) Reserve Blocks for public purposes (Blocks 71 and 75 on Plan 33M-738)

15.5

2021-083 Being a by-law to designate class 4 areas.

15.6

2021-085 Being a by-law to authorize the use of telephone and internet voting as an alternative voting method for the 2022 Municipal and School Board Election

15.7

2021-086 Being a by-law to authorize the execution of an agreement between the Municipality of Middlesex Centre and Intelivote Systems Inc.

15.8

2021-087 Being a by-law to provide for a drainage works to be known as the Vande Borne Municipal Drain

15.9

2021-088 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 8, 2021

16.

ADJOURNMENT

• THAT the Council for the Municipality of Middlesex Centre adjourns the September 8, 2021 Council meeting at ___ p.m.