Middlesex Centre Council Minutes

Regular Meeting of Council

Wednesday, November 24, 2021 at 4:00 P.m. - 5:00 P.m.

Electronic Council Meeting

COUNCIL PRESENT:

• Mayor DeViet, 
• Deputy Mayor Brennan, 
• Councillor Heffernan, 
• Councillor Shipley, 
• Councillor Aerts, 
• Councillor Scott , 
• Councillor Cates, 
• and Dan Fitzgerald - County Planner 

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, 
• Marion Cabral - County Planner, 
• and Megan Kamermans - Planning Services and Corporate Records 

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1.

CALL TO ORDER

Mayor DeViet calls the meeting to order at 4:09 p.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

By-law 2021-110 Being a by-law to approve and ratify a Vacant Land Condominium Agreement between Design For Happiness (DFH) Inc. and the Municipality of Middlesex Centre is added to the Agenda as item 14.4.

3.

DISCLOSURE OF PECUNIARY INTEREST

There are no disclosures of pecuniary interest to note for the November 24, 2021 Agenda items.

4.

CLOSED SESSION

• Resolution # 2021-332
  Moved by: Councillor Aerts
  Seconded by: Councillor Heffernan

  THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 4:11 p.m. 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;

   

  CARRIED

4.1

CALL TO ORDER

4.2

DISCLOSURE OF PECUNIARY INTEREST

4.3

ADOPTION OF MINUTES

4.3.1

Minutes of the November 10, 2021 Closed Council

4.4

CLOSED SESSION ITEMS

4.4.1

Municipal Parking Lot Lands (Ward 1)

4.4.2

Insurance Claims Review

4.5

ADJOURNMENT

Council rises from closed session at 5:07 p.m.

5.

DELEGATIONS, PRESENTATIONS AND PETITIONS

5.1

Bear Creek Municipal Drain Branch 6, 12 & 13 Consideration of Report

• Resolution # 2021-337
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Shipley

  THAT the Council for the Municipality of Middlesex Centre receives the Bear Creek Drain Report from Mike DeVos of Spriet Associates dated September 30, 2020 and authorizes that the project proceed;

  AND THAT the Court of Revision will meet on January 5th 2021;

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

  CARRIED

Mike Devos is in attendance virtually on behalf of Spriet Associates to provide an overview of the report.

5.2

South Central Ontario Region Economic Development Corporation - Update Presentation

This presentation is deferred to a future meeting date.

6.

ADOPTION OF THE MINUTES

6.1

Minutes of the November 10, 2021 Council Meeting

• Resolution # 2021-338
  Moved by: Councillor Cates
  Seconded by: Councillor Heffernan

  THAT the minutes of the Middlesex Centre Council meeting held on November 10, 2021 be adopted as printed.

  CARRIED

6.2

Minutes of the November 17, 2021 Council Meeting

• Resolution # 2021-338
  Moved by: Councillor Cates
  Seconded by: Councillor Heffernan

  THAT the minutes of the Middlesex Centre Council meeting held on November 17, 2021 be adopted as printed.

  CARRIED

7.

CONSENT AGENDA

• Resolution # 2021-340
  Moved by: Councillor Aerts
  Seconded by: Councillor Cates

  THAT Consent items 7.1 as well as items 7.3 through 7.7 listed on the November 24, 2021 Council Agenda be adopted as recommended.

  CARRIED

7.1

Lease Agreement with County Economic Development for Wellness Centre Office Space

• THAT Report CAO-33-2021, re: Lease Agreement with County Economic Development for Wellness Centre Office Space be received;

  AND THAT the Mayor and Clerk are hereby authorized to execute the Lease Agreement appended to Report CAO-33-2021.

7.2

Write off of taxes under Section 354 (4) of the Municipal Act 2001

• Moved by: Councillor Cates

  THAT Item 7.2 re: CPS-56-2021 Write off of taxes under Section 354 (4) of the Municipal Act 2001 be deferred to a future meeting of Council.

  DEFEATED
• Resolution # 2021-339
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Shipley

  THAT report CPS-56-2021 regarding write off of taxes under Section 354(3) of the Municipal Act, 2001 be received;

  AND THAT the taxes amounting to $730.60 be written off pursuant to the provisions of Section 354(3) of the Municipal Act, 2001.

  CARRIED

Item 7.2 was pulled and considered separately. 

7.3

Request for Surplus Lands Resolution for a Municipally Owned Property

• THAT Council receives report PWE-46-2021 re: Request for Surplus Lands Resolution for a Municipally Owned Property;

  AND THAT Council directs staff to proceed with the transfer of Blocks 25, 26, 27, 31, 34 on plan 33M-474 located in the Municipality of Middlesex Centre which is deemed surplus to municipal needs;

  AND FURTHER THAT staff be directed to proceed with disposal and transfer of the subject lands in accordance with By-law 2012-043

7.4

2021 Drinking Water Quality Management System – 2021 Internal & External Audit Results

• THAT Report PWE 40-2021, re: 2021 Drinking Water Quality Management System – 2021 Internal & External Audit Results report be received for information.

7.5

Birr Water System 2021 Annual Inspection Summary

• THAT Report PWE 43-2021, re: 2021 Ministry of Environment, Conservation & Parks (MECP) Annual Inspection Report for the Birr Water System be received for information.

7.6

Melrose Drinking Water System 2021 Annual Inspection Summary

• THAT Report PWE 44-2021, re: 2021 Ministry of Environment, Conservation & Parks (MECP) Annual Inspection Report for the Melrose Water System be received for information.

7.7

2021 Annual Inspection Summary

• THAT Report PWE 45-2021, re: 2021 Ministry of Environment, Conservation & Parks (MECP) Annual Inspection Report for the Middlesex Centre Water Distribution System be received for information.

8.

STAFF REPORTS

8.1

Capital Budget 2022 Presentation

• Resolution # 2021-341
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Aerts

  THAT report CPS-55-2021, the Capital Budget 2022 presentation be received.

  CARRIED

Tiffany Farrell, Director of Corporate Services provides opening remarks and leads the presentation. The Director of Corporate Services is joined by members of the Senior Management Team.

8.2

2022 Water, Wastewater and Stormwater Rate Proposal

• Resolution # 2021-342
  Moved by: Councillor Aerts
  Seconded by: Councillor Cates

  THAT Report PWE 41-2021, re: 2022 Water, Wastewater and Stormwater Rate Proposal be received;

  AND THAT the 2022 water rates remain unchanged from the 2021 water rate;

  AND FURTHER THAT the 2022 wastewater and stormwater rates be increased 2% over the 2021 wastewater and stormwater rates.

  CARRIED

Rob Cascaden, Director of Public Works & Engineering is in attendance virtually to provide an overview of this report.

8.3

Coldstream Dam Decommissioning Study – Request for Funding

• Resolution # 2021-343
  Moved by: Councillor Heffernan
  Seconded by: Councillor Shipley

  THAT Report PWE 42-2021 Coldstream Dam Decommissioning Study Request for Funding be received;

  AND THAT the funding request from the St. Clair Region Conservation Authority be approved in the amount of $10,000 as a contribution towards infrastructure funded through the Ministry of Natural Resources and Forestry’s Water and Erosion Control Infrastructure capital cost share program;

  
  AND FURTHER THAT staff be directed to prepare correspondence and issue payment to the above noted organization upon confirmation that SCRCA receives approval of the WECI program funding application through the Ontario government.

  CARRIED

Rob Cascaden, Director of Public Works & Engineering is in attendance virtually to provide an overview of this report.

8.4

Application for Zoning By-law Amendment (ZBA-10-2021) for 14375 Medway Road; Filed by Matthew Thompson

• Resolution # 2021-344
  Moved by: Councillor Cates
  Seconded by: Councillor Aerts

  THAT Zoning By-law Amendment ZBA-10-2021, as amended, for the property legally known as Plan 673 Lot 21 to 22 and municipally as 14375 Medway Road, filed by Matthew Thompson, be APPROVED.

  CARRIED

Marion Cabral, County Planner is in attendance virtually to provide an overview of this report.

9.

COMMITTEE OF ADJUSTMENT

• Resolution # 2021-345
  Moved by: Councillor Cates
  Seconded by: Councillor Aerts

  THAT Council adjourn its regular meeting in order to sit as a Committee of Adjustment under Section 45 of The Planning Act, as amended, to consider the Minor Variance applications listed on the November 24, 2021 Agenda.

  CARRIED

9.1

Application for Minor Variance (File No. A-39/2021)

• Resolution # 2021-347
  Moved by: Councillor Cates
  Seconded by: Councillor Shipley

  THAT Minor Variance Application A-39/2021, filed by Denis Basic, for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 50.2 square metres (540 square feet) or 5.8 percent lot coverage for all accessory buildings, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 132, Plan 33M761, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 69 Locky Lane, be GRANTED, subject to the following condition.

  THAT the design of the proposed accessory building and location be substantially in accordance with the plans attached to this report and decision.

  AND THAT the reasons for granting Minor Variance Application A-39/2021:

  • 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 give an overview of the Planning report.

9.2

Application for Minor Variance (File No. A-35/2021)

• Resolution # 2021-346
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Heffernan

  THAT Minor Variance Application A-35/2021, filed by Shane and Ashley Hanna, for relief from the Comprehensive Zoning By-law in order to establish a north interior side yard setback of 0.6 metres (2 feet) and rear yard setback of 0.6 metres (2 feet) for an accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum interior side yard and rear yard setback for an accessory building of 1.5 metres (4.9 feet); and to permit a maximum size of 29.02 square metres (312 square feet) or 5.4 percent lot coverage for the accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 15, Plan 33M513 in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 78 Woodlily Lane, be GRANTED;

  AND THAT the reasons for granting Minor Variance Application A-35/2021:

  • 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 give an overview of the Planning report.

9.3

Application for Minor Variance (File No. A-36/2021)

• Resolution # 2021-348
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Shipley

  THAT Minor Variance Application A-36/2021, filed by Matt Campbell on behalf of Eddie and Kimberly Hunter, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 315 square metres (3390.6 square feet) or 3 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 165.0 square metres (1,776 square feet) of gross floor area or 3 percent lot coverage, for lots larger than 5,000 square metres (1.25 acres), for a property legally described as Part of Lot 25, Concession 6, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 13285 Medway Road, be GRANTED; subject to the following conditions:

  THAT the development of an accessory structure to the maximum size of 315 square metres shall be in accordance with the proposed site plan;

  AND THAT the height of the proposed addition to the accessory building shall not in any way exceed the height of the existing structure, and will continue to be subject to the height limitations of section 4.1 c);

  AND THAT the addition to the existing accessory structure shall be built substantially in accordance with the appearance of the existing building;

  AND THAT the Owner warrants that the accessory building shall only be used for the explicit purpose of storage related to the residence on the lands and shall not contain a dwelling unit or home occupation / commercial or industrial use;

  AND THAT the accessory building shall not exceed the size of the single detached dwelling.

  AND FURTHER THAT the reasons for approving Minor Variance Application A-36/2021 include:

  • The request is considered to comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law and Official Plan;
  • The request is considered to be minor in nature, subject to the conditions listed in this report; and
  • The request represents appropriate development on the subject property, subject to the conditions listed in this report.
  CARRIED

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

Matt Campbell, the applicant, is in attendance virtually to comment on the application.

9.4

Application for Minor Variance (File No. A-37/2021)

• Resolution # 2021-349
  Moved by: Councillor Cates
  Seconded by: Councillor Heffernan

  THAT Minor Variance Application A-37/2021, filed by Paul and Pam Casaceli, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 208 square metres (2238.9 square feet) or 4.9 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 110.0 square metres (1,184 square feet) of gross floor area or 3 percent lot coverage, for a property legally described as Part of Lot 8, Concession 7, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 10306 Sinclair Drive, be GRANTED; subject to the following conditions:

  AND THAT the addition to the existing accessory structure shall be built substantially in accordance with the appearance of the existing building and as shown in the attached plans;

  AND THAT the height of the proposed addition to the accessory building shall not in any way exceed the height of the existing structure, and will continue to be subject to the height limitations of section 4.1 c);

  AND THAT the Owner warrants that the accessory building shall only be used for the explicit purpose of storage related to the residence on the lands and shall not contain a dwelling unit or home occupation / commercial or industrial use;

  AND THAT the accessory building shall not exceed the size of the single detached dwelling.

  AND FURTHER THAT the reasons for approving Minor Variance Application A-37/2021 include:

  • The request is considered to comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law and Official Plan;
  • The request is considered to be minor in nature, subject to the conditions listed in this report; and

  The request represents appropriate development on the subject property, subject to the conditions listed in this report.

  CARRIED

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

9.5

Application for Minor Variance (File No. A-38/2021)

• Resolution # 2021-350
  Moved by: Councillor Shipley
  Seconded by: Councillor Heffernan

  THAT Minor Variance Application A-38/2021, filed by Jason Lindenfield, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 71.3 square metres (767.4 square feet) or 4.3 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 55.0 m2 (592 ft2) or 3 percent lot coverage, for a property legally described as Part of Lot 10, Concession 6 N, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 15053 Medway Road, be GRANTED; subject to the following conditions:

  AND THAT the accessory building shall not exceed the size of the single detached dwelling.

  AND FURTHER THAT the reasons for approving Minor Variance Application A-38/2021 include:

  • The request is considered to comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law and Official Plan;
  • The request is considered to be minor in nature, subject to the conditions listed in this report; and
  • The request represents appropriate development on the subject property, subject to the conditions listed in this report.
  CARRIED

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

10.

NOTICE OF MOTION

There are no notices of motion to note for the November 24, 2021 Council meeting.

11.

CORRESPONDENCE

• Resolution # 2021-351
  Moved by: Councillor Shipley
  Seconded by: Councillor Scott

  THAT the Correspondence item 11.1 be received as information.

  CARRIED

11.1

Middlesex-London Health Unit - October 2021 Board Update

12.

COUNTY COUNCIL UPDATE

Deputy Mayor Brennan provides the following update from County Council held on November 23, 2021:

An annual Agreement between the London Health Sciences Centre, the County of Middlesex and the Middlesex-London Emergency Medical Services Authority for the EMS Offload Delay Nurse Program was renewed;

An update on the Middlesex County Connect program was provided, noting that some routes are being added;

The 2022 budget timetable was presented;

Final approval of a Plan of Condominium for 2638477 Ontario Limited (Palumbo Developments Inc.) was given;

The Warden's Banquet is being held on Saturday, November 27, 2021.

13.

OTHER BUSINESS

14.

BY-LAWS

• Resolution # 2021-352
  Moved by: Councillor Cates
  Seconded by: Councillor Heffernan

  THAT By-Laws 2021-107 through 2021-111 be adopted as printed.

  CARRIED

14.1

2021-107 Being a by-law to approve and ratify an amended Site Plan Control Agreement and Development Agreement between Knottingwood Inc. and The Municipality of Middlesex Centre

14.2

2021-108 Being a by-law of the Corporation of the Municipality of Middlesex Centre to provide for a drainage works to be known as the Bear Creek Municipal Drain Branch 6, 12 and 13 Municipal Drain

14.3

2021-109 Being a by-law to amend the Middlesex Centre comprehensive Zoning By-law number 2005-005 with respect to Plan 673 Lot 21 to 22 (geographic Township of London), Municipality of Middlesex Centre

14.4

2021-110 Being a by-law to approve and ratify a Vacant Land Condominium Agreement between Design For Happiness (DFH) Inc. and the Municipality of Middlesex Centre

14.5

2021-111 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 24, 2021 (Meeting B)

15.

ADJOURNMENT

• Resolution # 2021-353
  Moved by: Councillor Scott
  Seconded by: Councillor Heffernan

  THAT the Council for the Municipality of Middlesex Centre adjourns the November 24, 2021 Council meeting B at 8:12 p.m.

  CARRIED