Council Meeting

That the meeting of the Council of the Municipality of Dutton Dunwich opens at 5:00 p.m. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the Engineer's report for the Dunwich Dutton School Drain and instructs the Clerk to notify everyone required to be notified under Section 41 of the Drainage Act; and THAT Council will hold a meeting to consider the report at their regular Council meeting April 12, 2023 at approximately 6:00pm. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Drainage Superintendent titled "Petition to Abandon a portion of the A.A. Paton Drain By-law 1808", dated March 22, 2023 for information; and THAT Council receives the petition for the abandonment of a part of a drainage works from Lawrence Marentette and neighbours that meets the requirements of Section 84(1) of the Drainage Act. NOW THEREFORE Council decides to abandon the section of the 1960 drain located on Mr. Marentette's property; and FURTHER THAT Council instructs the Clerk to send the required notice to all owners of land assessed for the drainage works stating its intention to abandon the part of the 1960 tile portion located wholly within the lands of Lawrnce Marentette located in Con 2 NE 1/4 of Lot 14. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Drainage Superintendent titled "Resolution Regarding CN Rail Failure to Comply with the Drainage Act", dated March 22, 2023 for information. Motion:

WHEREAS municipal drains are considered critical rural infrastructure that support food production, food security, the environment and economic sustainability in rural Ontario; and WHEREAS the creation, maintenance and contribution requirements towards municipal drains infrastructure are governed by the Drainage Act; and WHEREAS the implication that any public utility could be exempt from the financial requirements invalidates the underlying principle that all benefitting from municipal drain projects are required to contribute financially, including all public utilities; and WHEREAS there are currently at least fifty-five municipal drainage projects in Ontario being impacted by CN’s actions and refusal to contribute as per the Drainage Act; and Whereas the Municipality of Dutton Dunwich and many rural municipalities have expressed concerns over this CN Rail position to the Ministry of Agriculture, Food and Rural Affairs consistently over at lease the past four years. NOW THEREFORE the Council of the Municipality of Dutton Dunwich hereby declares as follows: THAT Ontario’s Drainage Act is an important piece of legislation used to meet the drainage needs of a variety of stakeholder, including agricultural businesses, and ultimately food production, thereby supporting families, neighbours and thriving communities; and THAT CN Rail be called upon to act as a partner to municipalities and agriculture in Ontario and reconsider its position that the Drainage Act does not apply as a

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Drainage Superintendent titled "Pearce Drain Tender Results", dated March 22, 2023 for information; and THAT Council awards Gillier Drainage Inc. the contract for the construction of the Pearce Drain in the amount of $25,620.00 plus HST; and FURTHER THAT Council instructs the Mayor and Clerk to sign the contract and forward a copy to the contractor. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Drainage Superintendent titled "Dude Ranch Hill Drain Tender Results", dated March 22, 2023 for information; and THAT Council awards McNally Excavating Ltd. the contract for the construction of the Dude Ranch Hill Drain in the amount of $73,673.87 plus HST; and FURTHER THAT Council instructs the Mayor and Clerk to sign the contract and forward a copy to the contractor. Motion:

THAT the regular meeting end to sit as a Committee of Adjustment hearing to hear applications MV 2/23 filed by Michael Frada and Malgorzata Adamski-Frada, and MV 3/23 filed by Wayne and Debbie Wright at 5:30pm. Motion:

THAT the regular meeting of Council reconvenes at 5:57pm. Motion:

THAT the public meeting to consider Zoning By-law Amendment file ZBA 2/23, filed by David Harold and Mary Helen Durham, 31492 Pioneer Line, 31556 Pioneer Line and vacant land located on the north side of Pioneer Line opens at 5:58pm. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Planner titled "Application for Zoning By-law Amendment ZBA 2/23 - 31492 Pioneer Line, 31556 Pioneer Line and Vacant Land located on the north side of Pioneer Line, Municipality of Dutton Dunwich - David Harold and Mary Helen Durham", dated March 22, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich approves Zoning By-law Amendment ZBA 2/23, for property located at 31556 Pioneer Line and Vacant Land located on the north side of Pioneer Line, from Special Agricultural (A2-12) Zone to Special Rural Residential (RS-27) Zone and from Agricultural (A1) Zone to Special Agricultural (A2-12) Zone, in accordance with the site-specific by-law 2023-21 Motion:

THAT the public meeting to consider Zoning By-law Amendment file ZBA 2/23, filed by David Harold and Mary Helen Durham, 31492 Pioneer Line, 31556 Pioneer Line and vacant land located on the north side of Pioneer Line closes at 6:07pm. Motion:

THAT the public meeting to consider Zoning By-law Amendment file ZBA 3/23, filed by Carl McLeod and Sons Ltd., 28786 Aberdeen Line and 28800 Aberdeen Line opens at 6:08pm. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Planner titled "Application for Zoning By-law Amendment ZBA 3/23 - 28786 Aberdeen Line and 28800 Aberdeen Line, Municipality of Dutton Dunwich - Carl McLeod and Sons Ltd.", dated March 22, 2023 for information. Motion:

THAT Council of the Municipality of Dutton Dunwich approves Zoning By-law Amendment ZBA 3/23, for property located at 28786 Aberdeen Line and 28800 Aberdeen Line, from Agricultural (A1) Zone and Large Lot Agricultural (A3) Zone to Special Agricultural (A2) Zone and from Large Lot Agricultural (A3) Zone to Special Rural Residential (RS) Zone, in accordance with the site-specific by-law 2023-22. Motion:

THAT the public meeting to consider Zoning By-law Amendment file ZBA 3/23, filed by Carl McLeod and Sons Ltd., 28786 Aberdeen Line and 28800 Aberdeen Line closes at 6:14pm Motion:

THAT correspondence item 8.a. from the Ministry of Natural Resources and Forestry be received and filed. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports the resolution from the Municipality of Chatham-Kent supporting Bill 5 - Stopping Harassment and Abuse by Local Leaders Act requiring the code of conduct for municipal Councillors and members of local boards to include a requirement to comply with workplace violence and harassment policies and permit municipalities and local boards to direct the Integrity Commissioner to apply to the Court to vacate a Member's seat if the Commissioner's inquiry determines that the member has contravened the requirement; and THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio, MP, and the Municipality of Chatham-Kent. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports the resolution from the Town of Carleton Place declaring intimate partner violence and violence against women an epidemic as per recommendation no. 1 of the Renfrew Council jury recommendations; and THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio, MP and the Town of Carleton Place. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports the West Lorne Comets request for support for Kraft Hockeyville rally and voting; and THAT Council waives the cost to use the Dutton Community Centre evening of March 31st and full day April 1st in the amount of $810.00 +hst; and THAT Council approves the borrowing of 10 fire tablets for use during voting; and THAT Council approves a cash donation through the West Elgin Arena Board towards posters, signs, business cards and other promotional products. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports the Town of Essex request for the Municipal Property Assessment Corporation (MPAC), Ministry of Municipal Affairs and Housing, and other relevant bodies to investigate the tax classification of short-term rental units and consider taxing them as commercial as opposed to residential; and THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio, MP and the Town of Essex. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports the resolution from the Municipality of North Perth urging the Provincial Government to: Require all school buses to have stop arm cameras installed and paid for by the Province for the start of the 2023-2024 school year; and underwrite the costs for the implementation and on-going annual costs for Administrative Monetary Penalties in small and rural municipalities; AND THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio, MP and the Municipality of North Perth. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports the Municipality of Chatham-Kent collaboration to determine what tools may be available to reduce insurance costs, including cooperative purchasing of insurance, creation of a municipal reciprocal insurance provider, or legislative changes to address insurance costs to municipalities; and THAT a copy of this resolution be forwarded to the Municipality of Chatham-Kent. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports Bill 5 - Stopping Harassment and Abuse by Local Leaders Act requiring the code of conduct for municipal Councillors and members of local boards to include a requirement to comply with workplace violence and harassment policies and permit municipalities and local boards to direct the Integrity Commissioner to apply to the Court to vacate a Member's seat if the Commissioner's inquiry determines that the member has contravened the requirement; and THAT a copy of this resolution be forwarded to Brenda Pufek. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports the resolution of the Municipality of Moonbeam requesting the Provincial Government through the Minister of Education to extend the moratorium on most pupil accommodation reviews in order to allow municipalities, townships, neighbourhoods or subdivisions the opportunity to prosper, develop and grow without being hindered by school closure because of current low enrollments that could quickly change; and THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio, MP, and the Municipality of Moonbeam. Motion:

THAT correspondence item 08.j. from Elgin County be received and filed. Motion:

THAT relevant correspondence was reviewed. Motion:

THAT the items on the Consent Agenda be approved. Motion:

THAT the Council of the Municipality of Dutton Dunwich approves the 2023 Operating Budget as presented from the CAO/Treasurer. Motion:

WHEREAS Section 22 of O. Reg 170/03 requires distribution of the summary report; and FURTHER THAT the Council of the Municipality of Dutton Dunwich confirms that it received the 2022 Annual Compliance Report at the March 8, 2023 Council meeting as part of the Water Operations Manager "Monthly Activity Report - February 2023" for information. Motion:

THAT By-law 2023-10, being a by-law to borrow on the credit of the Corporation in the amount of $46,000 for the improvement of the Pearce Drain be read a third time and passed. Motion:

THAT By-law 2023-17, being a by-law to establish various fees and tariffs for services provided by the Municipality of Dutton Dunwich be read a first, second and third time and passed. Motion:

THAT By-law 2023-21, being a by-law to amend by-law 2022-50 for property located at 31492 Pioneer Line, 31556 Pioneer Line and vacant land located on the north side of Pioneer Line be read a first, second and third time and passed. Motion:

THAT By-law 2023-22, being a by-law to amend by-law 2022-50 for property located at 28786 Aberdeen Line and 28800 Aberdeen Line, be read a first, second and third time and passed. Motion:

THAT By-law 2023-23, being a by-law to authorize the Corporation of the Municipality of Dutton Dunwich to enter into a Master Services Agreement with Circular Materials for services related to blue box material be read a first, second and third time and passed. Motion:

THAT By-law #2023-24, being a by-law to confirm the proceedings of the Municipal Council of the Municipality of Dutton Dunwich, be read a first, second and third time and passed. Motion:

THAT the meeting of the Council of the Municipality of Dutton Dunwich closes at 7:15 p.m. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports the resolution from the Municipality of North Perth urging the Provincial Government to: a. Require all school buses to have stop arm cameras installed and paid for by the Province for the start of the 2023-2024 school year; and b. underwrite the costs for the implementation and on-going annual costs for Administrative Monetary Penalties in small and rural municipalities; AND THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio, MP and the Municipality of North Perth. Motion: