Middlesex Centre Council Minutes

Regular Meeting of Council

Wednesday, May 18, 2022 at 6:00 P.m. - 8:00 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 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, 
• Tim Williams - County Senior Planner, 
• 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 6:00 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

Additional correspondence submissions  have been noted under Item 11 of the May 18, 2022 Agenda.

3.

DISCLOSURE OF PECUNIARY INTEREST

3.1

Conflict of Interest - Councillor Shipley

4.

DELEGATIONS, PRESENTATIONS AND PETITIONS

4.1

Middlesex Centre Net-Zero Carbon Ready Arena Final Report

Rebecca Szczepanowski is in attendance virtually to provide an overview presentation. See item 6.9.

Scott Mairs, Director of Community Services, is in attendance to comment on the presentation and to thank Rebecca and their team for preparing the report.

5.

ADOPTION OF THE MINUTES

• Resolution # 2022-139
  Moved by: Councillor Cates
  Seconded by: Councillor Heffernan

  
  THAT the minutes of the Council meeting held on May 4, 2022 (9:00 a.m.) and the Special Council meeting held on May 4, 2022 (6:00 p.m.) be adopted as printed.

  CARRIED

5.1

Minutes of the May 4, 2022 Council Meeting (9:00 a.m.)

• THAT the minutes of the Council meeting held on May 4, 2022 (6:00 p.m.) be adopted as printed.

5.2

Minutes of the May 4, 2022 Council Meeting (6:00 p.m.)

• THAT the minutes of the Council meeting held on May 4, 2022 (9:00 a.m.) be adopted as printed.

6.

CONSENT AGENDA

• Resolution # 2022-140
  Moved by: Councillor Aerts
  Seconded by: Councillor Shipley

  THAT Items 6.1 through 6.9 listed under the heading of Consent Agenda for May 18, 2022 be adopted as recommended.

  CARRIED

6.1

Community Services Advisory Committee, March 7, 2022 Approved Meeting Minutes

• THAT the minutes of the Community Services Advisory Committee held on March 7, 2022 be approved.

6.2

Capital Budget to Actual Q1 2022

• THAT Report CPS-19-2022, the capital budget to actual Q1 2022 report be received as information.

6.3

Amendments to the Fees and Charges By-law 2021-099

• THAT Report CPS-20-2022 Amendment to the 2022 Fees and Charges By-law be received;

  AND THAT the updates recommended in Report CPS-20-2022 to the 2022 Fees and Charges By-law be approved.

6.4

Budget to Actual April 2022

• THAT the Budget to Actual Report CPS-21-2022 for April 2022 be received as information.

6.5

EH!tel Networks Inc. Municipal Access Agreement

• THAT Report PWE-17-2022, re: EH!tel Networks Inc. Municipal Access Agreement be received;

  AND THAT a by-law be approved for the purpose of approving the Municipal Access Agreement between the Municipality of Middlesex Centre and EH!tel Networks Inc.;

  AND FURTHER THAT the Mayor and Clerk be authorized to execute the Municipal Access Agreement on behalf of the municipality.

6.6

Tender Results – Bell Municipal Drain Construction Award

• THAT the construction of the Bell Municipal Drain be awarded to the lowest tender bid submission received from Robinson Farm Drainage Limited in the amount of $441,414.00 + HST.

6.7

Tender Results – Bear Creek Municipal Drain Branches 6, 12 & 13 Construction Award

• THAT the construction of the Bear Creek Municipal Drain Branches 6, 12 & 13 be awarded to the lowest tender bid submission received from Robinson Farm Drainage Limited in the amount of $630,285.00 + HST.

6.8

Komoka Community Market License Agreement

• THAT Report CMS-08-2022 re: Komoka Community Market License Agreement be received;

  AND THAT the License Agreement set out in Appendix A of this report between the Municipality of Middlesex Centre and the Komoka Community Market be approved;

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

6.9

Western University Net Zero Arena Study

• THAT Report CMS-09-2022 re: Western University Net Zero Arena Study be received as information;

7.

STAFF REPORTS

7.1

CAO-16-2022 Final Updates to Complete and Adopt Official Plan Amendment No. 59 Comprehensive Official Plan Review

• Resolution # 2022-141
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Heffernan

  THAT Report CAO-16-2022 re: Final Updates to Complete and Adopt Official Plan Amendment No. 59 Comprehensive Official Plan Review be received;

  AND THAT By-Law 2022-051 to Official Plan Amendment No. 59 be approved;

  AND FURTHER THAT Official Plan Amendment No. 59 be adopted and submitted to the County of Middlesex for approval.

  CARRIED

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

Annalee Baroudi is in attendance virtually to delegate on behalf of Sifton Properties.

8.

COMMITTEE OF ADJUSTMENT 

• Resolution # 2022-142
  Moved by: Deputy Mayor Brennan
  Seconded by: Councillor Shipley

  THAT Council adjourn its regular meeting at 6:34 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 May 18, 2022 Council Agenda.

  CARRIED

8.1

Application for Minor Variance (File No. A-7/2022)

• Resolution # 2022-143
  Moved by: Councillor Cates
  Seconded by: Councillor Shipley

  THAT Minor Variance Application A-7/2022, filed by Claudio Avolio for relief from the Comprehensive Zoning By-law in order to establish an minimum rear yard setback for an attached covered deck of 4.75 metres (15.6 feet), whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum rear yard setback of 8.0 metres (26.2 feet), and to establish a maximum permissible lot coverage of 42.3 percent, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum lot coverage of 42.3 percent, for a property legally described as nit 27, MVLCP 885 in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 253-9861 Glendon Drive, be GRANTED, subject to the following conditions:

  THAT the minimum rear yard setback shall reduction to 4.75 metres (15.6 feet) shall only apply to the deck as shown on the attached drawing, and the remainder of the single detached dwelling shall maintain a minimum 8.0 metre setback as shown on the conceptual site plan;

  AND THAT the reasons for granting Minor Variance Application A-7/2022:

  • 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 virtually to provide an overview of the staff report.

8.2

Application for Minor Variance (File No. A-8/2022)

• Resolution # 2022-144
  Moved by: Councillor Aerts
  Seconded by: Councillor Cates

  THAT Minor Variance Application A-8/2022, filed by Jon Low for relief from the Comprehensive Zoning By-law in order to permit a maximum overall size of 61 square metres (656.6 square feet) or 4.0 percent lot coverage for all accessory buildings, for a property legally described as Lot 34, Plan 1024, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 43 Westbrook Crescent, be GRANTED, subject to the following conditions:

  THAT the accessory building be constructed in the same general location as shown in the applicants site plan, attached to this report,

  AND THAT the reasons for granting Minor Variance Application A-8/2022:

  • 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 virtually to provide an overview of the staff report.

Jon Low, the applicant, is in attendance virtually to answer questions regarding the application.

8.3

Application for Minor Variance (File No. A-9/2022)

• Resolution # 2022-145
  Moved by: Councillor Shipley
  Seconded by: Councillor Cates

  THAT Minor Variance Application A-9/2022, filed by Ray Givens for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 93.3 square metres (1000.4 square feet) for all accessory buildings, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 60 square metres (645.0 square feet) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 5, Plan M100, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 114 Salisbury Drive, be GRANTED, subject to the following condition:

  THAT the applicant provide a grading plan to confirm no negative impacts to swales prior to placement of the building, to the satisfaction of the Municipality’s Director of Public Works and Engineering.

  AND THAT the reasons for granting Minor Variance Application A-9/2022:

  • 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 virtually to provide an overview of the staff report.

Ray Givens, the applicant, is in attendance to answer questions regarding the application.

Kevin Bateman, a member of the public, is in attendance virtually to comment on the application.

9.

PUBLIC MEETINGS

• Resolution # 2022-146
  Moved by: Councillor Heffernan
  Seconded by: Councillor Aerts

  THAT the Committee of Adjustment adjourn at 6:59 p.m. and Council resume their regular meeting;

  THAT Council move into Public Meetings at 7:00 p.m. pursuant to the Planning Act, R.S.O. 1990, as amended, to consider the applications listed on the May 18, 2022 Council agenda.

9.1

Application for Zoning By-law Amendment (ZBA-05-2022) for 108 St Clair Avenue; Filed by Craig White on behalf of TTW Properties Inc.

• Resolution # 2022-147
  Moved by: Councillor Heffernan
  Seconded by: Councillor Cates

  THAT Report PLA-30-2022 for the purposes of Zoning By-law Amendment application (ZBA-05-2022), filed by TTW Properties Inc., to rezone the lands from ‘Institutional’ to a new site-specific ‘Urban Residential Third Density (UR3-x)’ zone for the land known municipally as 108 St Clair Avenue, Municipality of Middlesex Centre, be RECEIVED FOR INFORMATION.

  CARRIED

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

Michael and Richard Thyssen are in attendance virtually on behalf of the applicants to comment on the application.

9.2

Application for Zoning By-law Amendment (ZBA-04-2022) for 13178 Ilderton Road; Filed by Andrew Douglas on behalf of 1917155 Ontario Inc.

• Resolution # 2022-148
  Moved by: Councillor Heffernan
  Seconded by: Deputy Mayor Brennan

  THAT Report PLA-29-2022 for the purposes of Zoning By-law Amendment application (ZBA-04-2022), filed by 1917155 Ontario Inc., to rezone the lands from ‘’Urban Residential First Density’ to a new site-specific ‘Urban Residential Third Density (UR3-x)’ zone for the land known municipally as 13178 Ilderton Road, Municipality of Middlesex Centre, be RECEIVED FOR INFORMATION.

  CARRIED

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

Andrew Douglas, the applicant, is in attendance virtually to comment on the application.

9.3

Application for Zoning By-law Amendment (ZBA-14-2020), filed by Caroline Baker of Baker Planning Group on behalf of Kilworth Heights West Ltd.; Block 231 of 33M-371 at the southeast corner of Glendon Drive and Crestview Drive

• Resolution # 2022-149
  Moved by: Councillor Cates
  Seconded by: Councillor Heffernan

  THAT Report PLA-31-2022 for the purposes of Zoning By-law Amendment application (ZBA-14-2020), filed by Kilworth Heights West Ltd., to amend the site-specific ‘Village Commercial exception 15 with Hold (C1-15)(h-7)’ zone for the lands described as Block 231 of Registered Plan of Subdivision 33M-761 in the Municipality of Middlesex Centre, be RECEIVED FOR INFORMATION.

  CARRIED

Tim Williams, County Planner is in attendance virtually to provide an overview of the staff report.

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

Paul Houghton, a member of the public, is in attendance virtually to comment on the applciation.

9.4

Request to Remove (h-4) Holding Symbol on Wellington Street; Filed by Steve Saker on behalf of Guy Riopelle and Broden Riopelle

• Resolution # 2022-150
  Moved by: Councillor Scott
  Seconded by: Councillor Cates

  THAT report PLA-32-2022 related to the request by Steve Saker on behalf of Guy Riopelle and Broden Riopelle to remove the (h-4) holding symbol from the zoning of the land known legally as Plan 47 PT Part Lot 13 RP 33R19278 Parts 4 8 to 10 be RECEIVED FOR INFORMATION;

  AND THAT municipal staff be directed to draft a development agreement with Guy Riopelle and Broden Riopelle to permit limited development for the lands known legally as Plan 47 PT Part Lot 13 RP 33R19278 Parts 4 8 to 10.

  CARRIED

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

9.5

Consent Application (B-6/2022); 15025 Eight Mile Road

• Councillor Shipley declared a conflict on this item. (Councillor Shipley declared a pecuniary interest on item 9.5 - Consent Application (B-06-2022); 15025 Eight Mile Road as they have an employment relationship with the property owners.)

• Resolution # 2022-151
  Moved by: Councillor Aerts
  Seconded by: Deputy Mayor Brennan

  THAT Consent Application B-6/2021, filed by Ben Waghorn on behalf of Julie Armitage, Richard Armitage, and Amanda Armitage, in order to sever a portion of land to accommodate a public utility from an existing farm, with an approximate frontage of 26.5 metres (86.9 feet) on Highbury Ave North (County Road 23), and an area of approximately 609.6 square metres (0.15 acres), and the retained a frontage of approximately 576.7 metres (1892 feet) on Eight Mile Road, and an area of approximately 100.75 acres (40.77 hectares), from a lot legally described as Part of Lot 9, Concession 7 North, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 15205 Eight Mile Road, be GRANTED.

  AND THAT Consent B-06/2022 be subject to the following conditions:

  1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year 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-6/2022 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 lands be transferred in ownership to Quadro Communications for the purposes of installing a public utility.

  7. That any outstanding property taxes for the severed and retained lots of Consent B-6/2021 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 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.

  10. That the Owner be required to dedicate lands along County Road 23 (Highbury Ave North) of up to 18 metres from centreline for the entire frontage facing said road, to the satisfaction of the County of Middlesex Engineer.

  11. That the applicant apply for and successfully receive a minor variance to confirm compliance with zoning provisions for the proposed lot frontage and area.

  AND FURTHER THAT the reasons for granting Consent Application B-6/2022 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.
  CARRIED

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

Ben Waghorn, the applicant, is in attendance virtually to comment on the staff report.

10.

NOTICE OF MOTION

There are no Notices of Motion to note for May 18, 2022.

11.

CORRESPONDENCE

• Councillor Scott proposed the following motion in regards to Correspondence Item 11.7.

  Resolution # 2022-152
  Moved by: Councillor Scott
  Seconded by: Councillor Aerts

  THAT the Municipality defer the installation of sidewalks in Delaware along the West side of Highland St. from Towerline St. to William St. as well as on the North side of William St. from Springer Rd. to Highland St.

  CARRIED
• Resolution # 2022-153
  Moved by: Councillor Cates
  Seconded by: Councillor Shipley

  THAT the Correspondence items 11.1 through 11.11 be received as information.

  CARRIED

11.1

New Release - Ontario's Plan to Build

11.2

Adam and Abbey Guenther -  Item 9.2. Application for Zoning By-law Amendment (ZBA-04-2022) for 13178 Ilderton Road

11.3

Andrew Douglas - Item 9.2 Application for Zoning By-law Amendment (ZBA-04-2022) for 13178 Ilderton Road

11.4

Community Schools Alliance - Rural and Northern Education

11.5

Kevin Bateman - Item 8.3 Application for Minor Variance (File No. A-9-2022)

11.6

Knutson Development Consultants - Item 7.1 Official Plan Review

11.7

Petition Submission - Delaware Sidewalk Expansion

11.8

Steve and Samantha Foster - Item 9.1 Application for Zoning By-law Amendment (ZBA-05-2022) for 108 St Clair Avenue

11.9

Sifton Properties Limited - Item 7.1 Official Plan Review

11.10

Melissa Grover - 9.3 Application for Zoning By-law Amendment (ZBA-14-2020)

11.11

Tanya Naha - 9.3 Application for Zoning By-law Amendment (ZBA-14-2020)

12.

COUNTY COUNCIL UPDATE

Deputy Mayor Brennan provides the following update from Middlesex County Council held on May 10, 2022:

Middlesex County Council supported the nomination of Aina DeViet to the AMO Board – County Caucus for 2022 to 2024;

An update was provided regarding the Middlesex County Official Plan review. A public meeting is planned for May 24, 2022 and individuals must register to participate.

Please see www.middlesex.ca for full meeting highlights. 

13.

OTHER BUSINESS

14.

BY-LAWS

• Resolution # 2022-154
  Moved by: Councillor Shipley
  Seconded by: Councillor Aerts

  THAT By-Laws 2022-050 through 2022-056 listed on the May 18, 2022 Council agenda be approved.

  CARRIED

14.1

2022-050

Being a by-law to provide for the collection of costs of repairs and maintenance of municipal drainage works in 2022 for works completed 2021 and prior in the Municipality of Middlesex Centre.

14.2

2022-051

Being a By-Law to adopt Amendment No. 59 to the Official Plan of Middlesex Centre

14.3

2022-052

Being a by-law of the Corporation of the Municipality of Middlesex Centre to authorize the execution of an Agreement of Purchase and Sale between the Municipality of Middlesex Centre and the Estate of Howard Gibson

14.4

2022-053

Being an amendment to By-law 2021-099 to establish various fees and charges for services provided by the municipality of Middlesex Centre (Fee By-Law) 

14.5

2022-054

Being a by-law to authorize the Mayor and Clerk to execute a License Agreement between the municipality of Middlesex Centre and the Komoka Community Market

14.6

2022-055

Being a by-law of the Corporation of the Municipality of Middlesex Centre to approve and ratify a Municipal Access Agreement between Ehtel Networks Inc (the “Company”) and the Municipality of Middlesex Centre (the “Municipality”) 

14.7

2022-056

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 May 18, 2022

15.

ADJOURNMENT

• Resolution # 2022-155
  Moved by: Councillor Cates
  Seconded by: Deputy Mayor Brennan

  THAT the Council for the Municipality of Middlesex Centre adjourns the May 18, 2022 Council meeting at 8:45 p.m.

  CARRIED