Middlesex Centre Council Minutes

Regular Meeting of Council

Wednesday, March 01, 2023 at 9:30 A.m. - 12:30 P.m.

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 Cates
• Councillor Berze

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 - Deputy Clerk
• Dan Anderson - Drainage Superintendent

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1.

CALL TO ORDER

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

2.

LAND ACKNOWLEDGEMENT

The Municipality of Middlesex Centre recognizes that we are gathering on the traditional territory of the Anishinaabe, Haudenosaunee, and Leni-Lunape Peoples. We acknowledge the enduring presence of First Nation, Métis and Inuit people on this land and are committed to moving forward in the spirit of reconciliation and respect.

Our neighbouring First Nations communities which continue to live as sovereign Nations include the Chippewas of the Thames First Nation, Oneida Nation of the Thames, and Munsee Delaware Nation.

3.

ADDITIONS TO THE AGENDA

Item 14.4 has been added to the agenda being a by-law to amend the Middlesex Centre Comprehensive Zoning By-law number 2005-005 with respect to Concession 8 Pt Lot 5 Plan 947 Pt Blk A RP 33R20896 Parts 1 and 2 and Concession 8 N Pt Lot 5 Plan C Baptist Church (geographic Township of Lobo), Municipality of Middlesex Centre, roll number: 393900003007100 and 393900003007200

4.

DISCLOSURE OF PECUNIARY INTEREST

There are no disclosures of pecuniary interest to note for March 1, 2023

5.

DELEGATIONS, PRESENTATIONS AND PETITIONS

5.1

Risdon Municipal Drain Culvert Consideration of Report

Mike Devos is in attendance on behalf of Spriet Associates to provide an overview of the Risdon Municipal Drain Report.

• Resolution # 2023-059
  Moved by: Councillor Berze
  Seconded by: Councillor Cates

  THAT the Council for the Municipality of Middlesex Centre receives the Risdon Municipal Drain Report from Mike DeVos of Spriet Associates dated November 3, 2022 and authorizes that the project proceed;

  AND THAT the Court of Revision will meet on April 5, 2023;

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

  CARRIED

5.2

Municipal Property Assessment Corporation Update

Brenda Slater, Account Manager, is in attendance on behalf of the Municipal Property Assessment Corporation (MPAC) to provide and update presentation.

6.

COURT OF REVISION

• Resolution # 2023-060
  Moved by: Councillor Shipley
  Seconded by: Deputy Mayor Brennan

  THAT Council adjourn its regular meeting in order to sit as the Court of Revision to consider the Government Drain No 2 Branch 6 with Councillor Aerts, Councillor Shipley, and Deputy Mayor Brennan being the Chair

  CARRIED

6.1

Court of Revision for the Government Drain No 2 Branch 6

• Resolution # 2023-061
  Moved by: Councillor Aerts
  Seconded by: Councillor Shipley

  THAT the Middlesex Centre Court of Revision approves the Schedule of Assessment for the Government Drain No 2 Branch 6 provisionally adopted by By-Law 2023-013 as outlined in the report prepared by Spriet Associates;

  AND THAT the corresponding by-law be forwarded to Council for a final reading.

  THAT the Court of Revision adjourn at 9:58a.m. and Council resume their regular meeting. 

  CARRIED

7.

ADOPTION OF THE MINUTES

7.1

Minutes of the February 15, 2023 Council Meeting

• Resolution # 2023-062
  Moved by: Councillor Berze
  Seconded by: Deputy Mayor Brennan

  THAT the minutes of the Council meeting held on February 15, 2023 be adopted as printed.

  CARRIED

8.

CONSENT AGENDA

• Resolution # 2023-063
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Berze

  THAT Items 8.1 through 8.11 listed under the heading of Consent Agenda for March 1, 2023 be adopted as recommended.

  CARRIED

8.1

Community Settlement Program for London-Middlesex

• THAT Report CAO-6-2023, re: Community Settlement Program for London-Middlesex be received for information.

8.2

Budget to Actual January 2023

• THAT the Budget to Actual report CPS-07-2023 for January 2023 be received as information.

8.3

Investment Purchase 2023

• THAT Report CPS-15-2023, re: Investment Purchase 2023 be approved.

8.4

Procurement activity 2022

• THAT Report CPS-16-2023 regarding Procurement activity 2022 be received for information.

8.5

Tender Results – Komoka Drainage Works Union Ave Branch

• THAT the construction of the Komoka Drainage Works Union Ave Branch be awarded to the lowest tender bid submission received from J & L Henderson Ltd. in the amount of $99,880 + HST.

8.6

Liquor Management Agreement – Optimist Club

• THAT Report CMS-01-2023 re: Liquor Management Agreement – Optimist Club be received;

  AND THAT the Liquor Management Agreement set out in Appendix A of this report between the Municipality of Middlesex Centre and the Optimist Club of Komoka-Kilworth be approved;

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

8.7

2022 Middlesex Centre Performance and Annual Summary Reports

• THAT Report PWE-09-2023, re: 2022 Annual Drinking Water System Performance and Summary Reports be received for information.

8.8

2022 Year End By-law Enforcement Summary

• THAT Report BLD-02-2023, re: 2022 Year End By-law Enforcement Summary be received for information.

8.9

Water and Wastewater SCADA Road Map

• THAT Report PWE-08-2023, re: Water and Wastewater SCADA Road Map be received for information.

8.10

Community Services Advisory Committee Meeting Minutes - January 23, 2023

• THAT the minutes of the Community Services Advisory Committee held on January 23, 2023 be received for information.

8.11

2022 Year End Building Reports for Service Agreement Municipalities

• THAT Report BLD-02-2023, re: 2022 Year End Building Reports for Service Agreement Municipalities be received for information.

9.

STAFF REPORTS

9.1

Fire Services Master Plan and Community Risk Assessment 2023

• Resolution # 2023-064
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Shipley

  THAT Report FS-02-2023, re: Fire Services Master Plan and Community Risk Assessment 2023 be received;

  AND THAT the Middlesex Centre Fire Services Master Plan and Community Risk Assessment 2023 as developed by Behr Integrated Solutions be approved;

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

  CARRIED

9.2

Budget Amendment Fernhill Culvert Replacement

• Resolution # 2023-065
  Moved by: Councillor Heffernan
  Seconded by: Councillor Aerts

  THAT Report PWE-11-2023, re: Budget Amendment for Fernhill Culvert Replacement be received;

  AND THAT the 2023 Budget be amended to add a new capital cost of $350,000.00 with the funds to be taken from the OCIF Reserve Fund

  CARRIED

10.

CLOSED SESSION

• Resolution # 2023-066
  Moved by: Councillor Cates
  Seconded by: Deputy Mayor Brennan

  THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 10:23 am 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 (Shared Services);

  Section 239 (2)(c)  a proposed or pending acquisition or disposition of land by the municipality or local board (Proposed Acquisition - Ward 1);

  Section 239 (2)(d)  labour relations or employee negotiations (Shared Services);

  Section 239 (2)(e)  litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Litigation Update - Ward 4 Development);

  Section 239 (2)(f)  advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Litigation Update - Ward 4 Development).

  CARRIED

10.1

CALL TO ORDER

10.2

DISCLOSURE OF PECUNIARY INTEREST

10.3

ADOPTION OF MINUTES

10.3.1

Minutes of the February 1, 2023 Closed Session

10.4

CLOSED SESSION ITEMS

10.4.1

Proposed Property Acquisition - Ward 1

• The following resolution is considered in open session:

  Resolution # 2023-067
  Moved by: Councillor Shipley
  Seconded by: Councillor Heffernan

  THAT Council approve the purchase of 0.8 acres from a property legally described as CON 13 S Pt Lot 25. The area would be to support reconstructing Hyde Park Road.

  AND THAT Council approve the purchase price of $40,000.00 (excl HST) with payment being made to Gysbers Farms Limited from the approved 2023 Capital budget 23-3106.

  AND FURTHER THAT Council direct the Director of Public works, to undertake any actions necessary for the transfer of the lands to the Municipality.

  CARRIED

10.4.2

Shared Services Agreement

10.4.3

Litigation Update - Ward 4 Development

10.5

ADJOURNMENT

• Resolution # 2023-068
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Heffernan

  THAT Council rise from closed session and return to open session at 11:44 a.m.

  CARRIED

11.

NOTICE OF MOTION

12.

CORRESPONDENCE

• Resolution # 2023-069
  Moved by: Councillor Berze
  Seconded by: Councillor Cates

  THAT the Council for the Municipality of Middlesex Centre receives the Correspondence item 12.1 listed on the March 1, 2023 agenda as information.

  CARRIED

12.1

Ausable Bayfield Conservation Authority - Board of Director Updates

13.

OTHER BUSINESS

Mayor DeViet provides an overview of meetings and events attended as well as representative and advocacy activities undertaken throughout the month of February.

14.

BY-LAWS

• Resolution # 2023-070
  Moved by: Councillor Cates
  Seconded by: Councillor Heffernan

  THAT By-law 2023-012, and By-law 2023-024 through By-law 2023-027 be adopted as printed.

  CARRIED

14.1

2023-012

Being a by-law of the Corporation of the Municipality of Middlesex Centre to provide for a drainage works to be known as the Risdon Municipal Drain Culvert

14.2

2023-024

Being a By-law to impose special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act, R.S.O. 1990

14.3

2023-025

Being a by-law to authorize the execution of a Liquor Management Agreement for the Middlesex Centre Wellness and Recreation Centre

14.4

2023-026

Being a by-law to amend the Middlesex Centre Comprehensive Zoning By-law number 2005-005 with respect to Concession 8 Pt Lot 5 Plan 947 Pt Blk A RP 33R20896 Parts 1 and 2 and Concession 8 N Pt Lot 5 Plan C Baptist Church (geographic Township of Lobo), Municipality of Middlesex Centre, roll number: 393900003007100 and 393900003007200

14.5

2023-027

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 1, 2023

15.

ADJOURNMENT

• Resolution # 2023-071
  Moved by: Councillor Berze
  Seconded by: Councillor Cates

  THAT the Council for the Municipality of Middlesex Centre adjourns the March 1, 2023 Council meeting at 11:51 a.m.

  CARRIED