MUNICIPALITY OF THAMES CENTRE
REGULAR COUNCIL MEETING
AGENDA

Monday, June 26, 2023 at 5:00 P.m. - 6:00 P.m.

Municipal Office - Council Chambers

4305 Hamilton Road, Dorchester, ON

---

1.

CALL TO ORDER

2.

ADDITIONS TO AGENDA

2.1

Closed Meeting

Item 15 has been added to the agenda being a Closed Session Meeting with respect to Employee Recruitment -  Verbal Update

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.

ANNOUNCEMENTS

5.

PRESENTATIONS

5.1

Middlesex County Roads Department Overview 

Presented by Chris Traini, County of Middlesex Deputy CAO & County Engineer

6.

PUBLIC MEETING - DRAINAGE

6.1

Meeting to Consider - Murray Drain 2023

a.

Overview of Work Required - Engineer

b.

Questions from Affected Landowners on Drainage Report (Design/Details)

c.

Questions from Members of Council

d.

Decision

• Recommended Motion:

  THAT Report No. DR-008-23 prepared by the Drainage Superintendent, dated June 26, 2023, concerning a meeting to consider the Murray Drain 2023, be received for information;
  AND THAT the Drainage Report for the Murray Drain 2023, as prepared by Spriet Associates, dated April 28, 2023, be received and adopted;
  AND THAT the first sitting of the Court of Revision on behalf of the Murray Drain 2023, be scheduled to be held on July 17, 2023, be received for information;
  AND THAT Deputy Mayor Smibert, Councillor Crockett and Councillor Katie Grigg (Township of Zorra) be appointed to sit as the members of the Court of Revision with Deputy Mayor Smibert being the Chair. 

7.

PUBLIC MEETING - PLANNING

• Recommended Motion:

  THAT Council adjourn its regular meeting at ____ p.m. and move into Public Meetings pursuant to the Planning Act, to consider applications listed on the June 26, 2023 Council agenda.

7.1

Official Plan Amendment O2-23 & Zoning By-law Amendment Z14-23 (Brantam Excavating Inc., Applicant; Esher Planning Inc. c/o Melanie Horton, Agent) - South side of Dundas Street (County Road 2) and west side of Elgin Road (County Road 73)

a.

Overview of Planning Application - Director of Planning & Development Services

b.

Additional Information - Applicant/Agent

See attached Agent's Presentation

c.

Public Questions (In Person & Virtual)

d.

Questions from Members of Council

e.

Close Public Meeting

f.

Decision

• Recommended Motion:

  THAT Report No. PDS-035-23 dated June 26, 2023 with respect to Application for Official Plan Amendment (O2-23) and Application for Zoning By-law Amendment (Z14-23) submitted by Esher Planning Inc. on behalf of Brantam Excavating Inc. for lands described as Part of Lots 13 and 14, Concession 1, NRT (geographic Township of North Dorchester), Municipality of Thames Centre and designated as Part 1 on Reference Plan 33R-18583, be received;
  
  AND THAT the Director of Planning and Development Services provide a subsequent report evaluating the subject applications with a recommendation for Council’s consideration at a future meeting once the peer review results are available for the technical studies submitted in support of the said applications.

7.2

Zoning By-law Amendment Application Z17-23 (Municipality of Thames Centre, Applicant) - 2008 Dorchester Road & 2135 Dorchester Road

a.

Overview of Application - Director of Planning & Development Services

b.

Additional Information - Applicant/Agent

c.

Public Questions (In Person & Virtual)

d.

Questions from Members of Council

e.

Close Public Meeting

f.

Decision

• Recommended Motion:

  THAT Application for Zoning By-law Amendment (Z17-23) filed by the Municipality of Thames Centre for lands known municipally as 2008 Dorchester Road and 2135 Dorchester Road, to allow the establishment of temporary seasonal outdoor patios accessory to permitted restaurant uses, provided at least 75% of existing parking spaces are maintained, be approved in principle and that the implementing by-law be passed by Council.

7.3

Zoning By-law Amendment Application Z13-23 (Otis Properties Limited, Applicant; MHBC Planning c/o Oz Kemal, Agent) - 2300 Dorchester Road

a.

Overview of Application - Director of Planning & Development Services

b.

Additional Information - Applicant/Agent

c.

Public Questions (In Person & Virtual)

d.

Questions from Members of Council

e.

Close Public Meeting

f.

Decision

• Recommended Motion:

  THAT Report No. PDS-038-23 with respect to Application for Zoning By-law Amendment Z13-23 requested by MHBC Planning (c/o Oz Kemal) for Otis Properties Limited for lands legally Part of Lot 17, Concession B, SRT (geographic Township of North Dorchester), Municipality of Thames Centre and designated as Part 5 on Reference Plan 33R-16963, and known municipally as 2300 Dorchester Road, be received;

  AND THAT the Director of Planning and Development Services provide a subsequent report evaluating the subject application with a recommendation for Council’s consideration at the next meeting.

7.4

REVISED Application for Temporary Use - Zoning By-law Amendment Z13-22 (Don English, Applicant; Stewart Findlater, Agent) - 5242 Marion Street

a.

Overview of Application - Planner

b.

Additional Information - Applicant/Agent

c.

Public Questions (In Person & Virtual)

d.

Questions from Members of Council

e.

Close Public Meeting

f.

Decision

• Recommended Motion:

  THAT revised Application for Temporary-Use / Zoning By-law Amendment (Z13-22) requested by Stewart Findlater on behalf of Don English for lands legally described as Part of Lot 11, Concession 3, NRT (geographic Township of North Dorchester), Municipality of Thames Centre, and known municipally as 5242 Marion Street, be approved in principle and that the Director of Planning and Development Services be directed to prepare the necessary By-laws for Council’s consideration once the attached Agreement has been executed by the applicant.

7.5

Consent Application B13-23 & Zoning By-law Amendment Z16-23 (Ben De Beer, Applicant) - 4128 Mossley Drive

a.

Overview of Applications - Planner

b.

Additional Information - Applicant/Agent

c.

Public Questions (In Person & Virtual)

d.

Questions from Members of Council

e.

Close Public Meeting

f.

Decisions - 2 Required (Consent & Zoning)

• Recommended Motion:

  THAT Application for Consent B13-23 requested by requested by Ben De Beer to facilitate this disposal of a residence surplus to a farming operation as a result of farm consolidation with the lot to be severed having an area of approximately 0.61 hectares from lands legally described as Part of Lot 4, Concession 2, SRT (geographic Township of North Dorchester), Municipality of Thames Centre and known municipally as 4128 Mossley Drive, be approved, subject to the following conditions:

  1. That the Certificate of Consent under Section 53(42) of the Planning Act be given within two years of the date of the notice of the decision for each consent. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of consent has been fulfilled.
  2. That the applicant provide a road widening dedication to the County of Middlesex measuring up to 15 metres from the centreline of Putnam Road (County Road 30) if the right of way is not already to that width.
  3. That all applicable property taxes, municipal fees and charges be paid to the Municipality.
  4. That the applicant obtain a rezoning approval to prohibit any new residential use on the remnant farm parcel and to rezone the lands to be severed from to the Agricultural (A) Zone to recognize the existing residential use.
  5. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with such costs to be paid in full to the appropriate engineering firm, all to the satisfaction of the Drainage Superintendent.
  6. That all outstanding work orders or by-law enforcement issues be resolved to the satisfaction of the Chief Building Official.
  7. That the applicant provide a Surveyor’s Real Property Report to confirm the location of the septic system on the lands to be severed in order to demonstrate compliance with the setback requirements under the Ontario Building Code to the satisfaction of the Chief Building Official.
  8. That the applicant be required remove all buildings and structures on the lands to be retained to the satisfaction of the Chief Building Official.
  9. That the applicant be required to remove the barn on the lands to be severed unless it is deemed to be structurally sound by the Chief Building Official.
  10. That the necessary deeds, transfers and charges for certificates and /or instruments necessary for registration be submitted electronically prior to certification, all of which are to be fully executed.
  11. That an electronic version of a deposited reference plan be submitted to legally describe the lands affected and in general conformity with this decision, all to the satisfaction of the Municipality.

  REASONS

  • The application is consistent with the Provincial Policy Statement.
  • Conformity with the County Official Plan and Municipal Official Plan would be maintained.
  • The requirements of the Zoning By-Law would be met through an approved Zoning By-law Amendment.
  • The matters set out in Section 51(24) of the Planning Act would be satisfied.
• Recommended Motion:

  THAT Application for Zoning By-law Amendment Z16-23 requested by Ben De Beer, for lands legally described as Part of Lot 4, Concession 2, SRT (geographic Township of North Dorchester), Municipality of Thames Centre and known municipally as 4128 Mossley Drive, be approved in principle including rezoning the lands to be severed to the Agricultural (A) Zone to reflect the existing residential use and that the Director of Planning and Development Services be directed to prepare the necessary Zoning By-law Amendment for Council’s consideration at the next regular meeting;

  AND THAT no further notice be required pursuant to Section 34(17) of the Planning Act, regarding rezoning the lands to be severed from the Extractive Industrial (M3) Zone to the Agricultural (A) Zone.

7.6

Consent Applications B4-23 & B5-23 (2768220 Ontario Inc. c/o Pattyn Landscape Services, Applicant; Strik Baldinelli Moniz Ltd. c/o Nick Dyjach, Agent) - End of Gerald Parkway on south side and the east side of Rebecca Road

a.

Overview of Applications - Director of Planning & Development Services

b.

Additional Information - Applicant/Agent

c.

Public Questions (In Person & Virtual)

d.

Questions from Members of Council

e.

Close Public Meeting

f.

Decision

• Recommended Motion:

  THAT Applications for Consent B4-23 & B5-23 requested by Strik Baldinelli Moniz Ltd. c/o Nick Dyjach on behalf of 2768220 Ontario Inc. (Pattyn Landscape Services) for lands described as Part of Lot 14, Concession 2 (geographic Township of West Nissouri), Municipality of Thames Centre be DENIED.
  
  

  REASONS

  • The applications are not consistent with the Provincial Policy Statement.
  • Conformity with the County of the Middlesex Official Plan and the Municipal of Thames Centre Official Plan would not be maintained.
  • The requirements of the Zoning By-Law would not be satisfied.
  • The matters set out in Section 51(24) of the Planning Act would not be satisfied.

8.

COMMITTEE OF ADJUSTMENT

• Recommended Motion:

  THAT the Public Meetings held under the Planning Act adjourn at _____ p.m. in order to sit as Committee of Adjustment under Section 45 of the Planning Act, to consider applications listed on the June 26, 2023 Council agenda. 
  

8.1

Minor Variance Application A3-23 (Khaled Ismail & Samer Ismail, Applicant; Khaled Ismail, Agent) - 5299 Dorchester Road

a.

Overview of Application - Planner

b.

Additional Information - Applicant/Agent

c.

Public Questions (In Person & Virtual)

d.

Questions from Committee Members

e.

Decision

• Recommended Motion:

  THAT Application for Minor Variance A3-23 submitted by Khaled Ismail and Samer Ismail to permit the expansion of an accessory building, existing as of September 11 2006, to be used for personal storage purposes having a total gross floor area of approximately 600 square metres as enlarged for a property known municipally as 5299 Dorchester Road, be approved.
  
  

  REASONS

  • The general intent and purpose of the Official Plan would be maintained;
  • The general intent and purpose of the Zoning By-law would be maintained;
  • The effects of the variance are considered minor in nature; and
  • The variance is desirable for the appropriate use and development of the land.

8.2

Minor Variance Application A4-23 (Jordan & Tiffany Fournier, Applicant; Tiffany Fournier, Agent) - 3594 Mossley Drive

a.

Overview of Application - Director of Planning & Development Services

b.

Additional Information - Applicant/Agent

c.

Public Questions (In Person & Virtual)

d.

Questions from Committee Members  

e.

Decision

• Recommended Motion:

  THAT Application for Minor Variance A4-23 submitted by Jordan and Tiffany Fourner to permit the expansion of a legal non-conforming use through the construction of a pool cabana having a floor area of approximately 38 square metres, for a property known municipally as 22853 Heritage Road, be approved, subject to the following conditions:
  
  

  1 . That the applicant retain a qualified professional to undertake a scoped Environmental Impact Study (EIS) to evaluate the impacts of the proposed pool cabana on the adjacent natural heritage features to the satisfaction of the Municipality and that any recommended and approved mitigation measures be implemented through a Development Agreement to be registered against the title of the subject lands; and that all costs associated with the peer review of the scoped EIS be borne by the applicant.

  2. That the applicant provide a copy of their permit and/or clearance letter from the Upper Thames River Conservation Authority.
  
  

  REASONS

  • The general intent and purpose of the Official Plan would be maintained;
  • The general intent and purpose of the Zoning By-law would be maintained;
  • The effects of the variance are considered minor in nature; and
  • The variance is desirable for the appropriate use and development of the land.

8.3

Minor Variance Application A5-23 (Greg & Dawn Sommers, Applicant) - 177 Jennifers Trail, Thorndale

a.

Overview of Application - Director of Planning & Development Services

b.

Additional Information - Applicant/Agent

c.

Public Questions (In Person & Virtual)

d.

Questions from Committee Members

e.

Decision

• Recommended Motion:

  THAT Application for Minor Variance A5-23 submitted by Greg and Dawn Sommers to permit a reduced exterior side yard of 1.6 metres (3.8 ft) for a proposed pool cabana having a floor area of approximately 14 square metres and a reduced exterior side yard of 1.2 metres for an existing shed on a property known municipally as 177 Jennifers Trail, be approved subject to the following condition:

  1. That the pool cabana be constructed in the same general location identified on the sketch submitted with the subject application.

  REASONS

  • The general intent and purpose of the Official Plan would be maintained;
  • The general intent and purpose of the Zoning By-law would be maintained;
  • The effects of the variance are considered minor in nature; and
  • The variance is desirable for the appropriate use and development of the land.

8.4

Adjourn Committee of Adjustment

• Recommended Motion:

  THAT the Committee of Adjustment adjourn at ____ p.m. and Council reconvene its regular meeting.

9.

ADOPTION OF MINUTES

9.1

Regular Council Minutes - June 12, 2023

• Recommended Motion:

  THAT the minutes of the regular meeting of Council, held on June 12, 2023, be approved as circulated.

10.

CONSENT AGENDA

Items listed under Consent Agenda are received for information in one motion. Council members may request that one or more item be removed for further action.

• Recommended Motion:

  THAT Consent Agenda Items 10.1 through 10.3 be received as information. 

10.1

Local School Advisory Committee Minutes - June 7, 2023

10.2

Middlesex County Council Meeting Highlights - June 20, 2023

10.3

Middlesex-London Health Unit - Monthly Board of Health Update - May 2023

11.

REPORTS OF DEPARTMENTS

11.1

AIAC-001-23 - Inclusive Park Update: Phase 2 and Donor Recognition

• Recommended Motion:

  THAT Report No. AIAC-001-23 be received for information;

  AND THAT Council directs Staff to issue a Request for Proposal for Phase 2 of the Dorchester Inclusive Park, with all costs for this phase covered by available donation and sponsorship funds raised for this project by the date that the winning proposal is selected;

  AND THAT Council approves the purchase and installation of a donor recognition board, at a cost of $4,418.48 + HST, with all costs for this covered by available donation and sponsorship funds raised for this project to date;

  AND THAT Council approves updating the previously approved donor recognition program to add two additional donor levels, those being “Champion” for donations of $10,000 or more and “Visionary” for donations of $20,000 and above.

11.2

CAO-006-23 - Municipal Service Inventory and New Strategic Plan

• Recommended Motion:

  THAT Report No. CAO-006-23 be received for information;
  AND THAT staff be directed to initiate a new strategic planning process for Council to formalize its Term of Council Priorities.

11.3

CAO-007-23 - 2024 Budget Process

• Recommended Motion:

  THAT Report No. CAO-007-23 be received for information;
  AND THAT the 2024 Budget be developed to provide Council with various tax levy scenarios for its consideration;
  AND THAT the 2024 Budget timelines be tentatively scheduled, as outlined in this report, in order to achieve approval prior to the beginning of the 2024 fiscal period.

12.

NOTICE OF MOTION

13.

NEW BUSINESS

Includes other business items requiring direction.

13.1

Rescind Resolution 84-2023 re Appointment of an Acting Fire Chief

• Recommended Motion:

  THAT Resolution 84-2023, noted below, as enacted by Council at its regular meeting held on March 27, 2023, be rescinded.

  THAT Interim Chief Administrative Officer Michelle Casavecchia-Somers be appointed as the Acting Fire Chief for the Municipality of Thames Centre pending the recruitment of a new permanent Fire Chief.

14.

BY-LAWS

• Recommended Motion:

  THAT By-law 67-2023 be read a first and second time and provisionally adopted;
  AND THAT By-laws 68-2023 through 71-2023 be adopted as presented.

14.1

By-law 67-2023, being a by-law to provide for the drainage works in the Municipality of Thames Centre - Murray Drain

FIRST AND SECOND READING ONLY

14.2

By-law 68-2023, Division Fences Cost Apportionment By-law

14.3

By-law 69-2023, being a by-law to amend zoning to remove the Holding Symbol as it relates to lands located at Rosewood Subdivision - Block 72 re Phase 2

14.4

By-law 70-2023, being a by-law to amend zoning as it relates to lands located at 2008 Dorchester Road & 2135 Dorchester Road

14.5

By-law 71-2023, being a Confirmatory By-law

15.

CLOSED SESSION

• Recommended Motion:

  THAT Council adjourn to closed session at                 p.m. pursuant to:
  
  Section 239(2)(b) & (d) of the Municipal Act, being personal matters about identifiable individuals, including municipal or local board employees and labour relations or employee negotiations (Employee Recruitment - Verbal Update)

15.1

Disclosure of Pecuniary Interest

15.2

Closed Session Items

a.

Employee Recruitment - Verbal Update

15.3

Adjournment

16.

MEETING SCHEDULE

Monday, July 17, 2023 at 5:00 p.m. 
Monday, August 14, 2023 at 5:00 p.m.

17.

ADJOURNMENT

• Recommended Motion:

  RESOLVED THAT the meeting adjourn at X:XX p.m.