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 report of the Manager of Roads and Facilities titled "Monthly Activity Report - March 2023", dated April 12, 2023, for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Water Operations Manager titled "Monthly Activity Report - March 2023", dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Wastewater Operator titled "Monthly Activity Report - March 2023", dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Chief Building Official titled "Building Activity Report - March 2023", dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Fire Chief titled "Monthly Activity Report - March 2023", dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Drainage Superintendent titled "Monthly Activity Report for March 2023", dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich will provisionally adopt By-law #2023-28 during this meeting. Motion:

THAT the Council of the Municipality of Dutton Dunwich will provisionally adopt by-law #2023-29 during this meeting. Motion:

THAT the meeting to consider the Engineer's report for the Dunwich Dutton School Drain and Gordon Campbell Drain closes at 6:14pm and the regular meeting reconvenes. 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 April 12, 2023 for information; and THAT Council pass a by-law under section 85(5) of the Drainage Act to abandon the portion of the A.A. Paton Drain By-law 1808, within the lands owned by Lawrence Marentette identified as Con 2 NE 1/4 of Lot 14 on the plan and profile in the report. Motion:

THAT the tile drain loan application for Con 2 NE 1/4 Lot 15 Roll 3429-000-005-02500-0000 be approved subject to the terms and conditions of the tile loan program and the availability of funds from the Province of Ontario; and THAT a $200.00 inspection fee apply; AND FURTHER THAT the applicants are required to notify the drainage inspector 48 hours before construction is to begin. Motion:

THAT Council puts the drain maintenance requests into the hands of the drainage superintendent. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Planner titled "Application for Severance E 9/23, 8846 Homestead Road and Vacant Land on the East Side of Homestead Road, Municipality of Dutton Dunwich - Robert Cole and Crystal Lukings", dated April 12, 2023 for information. Motion:

THAT the public meeting for Zoning By-law Amendment application ZBA 4/23, filed by Katrinus and Helen Mary Van Brenk for property located at 31846 Erin Line opens at 6:47pm. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Planner titled "Application for Zoning By-law Amendment ZBA 4/23 - 31846 Erin Line, Municipality of Dutton Dunwich - Katrinus and Helen Mary Van Brenk", dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich approve Zoning By-law Amendment ZBA 4/23, for property located at 31846 Erin Line, from Special Rural Residential (RS) Zone to Special Agricultural (A2) Zone, in accordance with the site-specific by-law 2023-26. Motion:

THAT the public meeting for Zoning By-law Amendment application ZBA 4/23, filed by Katrinus and Helen Mary Van Brenk for property located at 31846 Erin Line closes at 6:53pm. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Recreation & Administrative Assistant titled "Monthly Activity Report - March 2023", dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports the Wallacetown Optimist request for a donation towards a prize for their "Team Up to Clean Up" event Saturday, April 22, 2023 from 9:00am to 3:00pm; and THAT Council donates a family weekly swim pass to the Dutton Pool in the amount of $29.73 + hst. Motion:

THAT the Council of the Municipality of Dutton Dunwich supports the resolution from the Town of Essex urging the re-instatement of previous legislation that permitted a Municipality to apply for and retain the surplus proceeds from tax sale in their jurisdiction; 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 Township of Lucan-Biddulph requesting that the Province of Ontario, through Elections Ontario and the Chief Electoral Officer utilize any resources available to produce the highest quality Permanent Register of Electors; and THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio, MP, and the Township of Lucan-Biddulph Motion:

WHEREAS the Municipality of Dutton Dunwich does not make proclamations per the non-proclamation policy; NOW THEREFORE correspondence item 15.d. from Fondation Emergence be received and filed. Motion:

THAT correspondence item 15.e. from the Elgin Area Primary Water Supply System Board be received and filed. Motion:

THAT regarding correspondence item 15.f. from the Ministry for Seniors and Accessibility, Council provide staff with a nomination for 2023 Ontario Senior of the Year Award. Motion:

THAT the Council of the Municipality of Dutton Dunwich refers correspondence from the Elgin Federation of Agriculture regarding when changing from agricultural to non-agricultural uses of land to the Planner for review and to bring back a report to Council. Motion:

WHEREAS Enbridge recently made an announcement of their intention to begin charging third-party contractors and other utilities $200 CAD (plus applicable taxes) for utility locates where a field locate is required; AND WHEREAS third-party contractors include Ontario municipalities; AND WHEREAS these locate requests are only required as Ontario municipalities have allowed utilities to use municipal right of ways at no charge to the utilities; AND WHEREAS this announcement of new downloaded costs will negatively impact the budgets of Ontario municipalities which are already burdened; AND WHEREAS if Enbridge is successful in implementing this new charge, a precedence is set for other utility companies to also begin charging for locates; THEREFORE IT BE RESOLVED, that the Council of the Municipality of Dutton Dunwich strongly opposes these utility locate costs being downloaded to Ontario municipalities by Enbridge Gas or other utilities; AND THAT, the Province of Ontario's Ministry of Public and Business Service Delivery make it clear that these costs must be borne by the utilities themselves; AND THAT, this decision be forwarded to Minister of Public and Business Service Delivery Kaleed Rasheed, Minister of Infrastructure Kinga Surma, Minister of Energy Todd Smith, Premier Doug Ford, Rob Flack, MPP, Karen Vecchio, MP, the Association of Ontario Road Supervisors and the Association of Municipalities of Ontario. Motion:

THAT correspondence item 15.i. from Thames Valley District School Board 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 receives the report of the Clerk titled “Monthly Activity Report – March 2023”, dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Clerk titled “Handling Frivolous and Vexatious Complaints Policy”, dated April 12, 2023 for information; and THAT Council approves A 40-2023 Handling Frivolous and Vexatious Complaints Policy. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Clerk titled “Code of Conduct for Members of Council and Local Boards Update”, dated April 12, 2023 for information; and THAT Council directs staff to bring back the Code of Conduct By-law at the next Council meeting. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Clerk titled “Cenotaph Committee Requests”, dated April 12, 2023 for information; and THAT Council establishes an Ad-hoc Council Committee, “Cenotaph Committee” consisting of two (2) Council members, one (1) municipal staff member, one (1) legion member and four (4) community members; and THAT Council waive Procurement Policy T&P 01-2014 for this specific project due to lack of sufficient quotes. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the CAO/Treasurer titled "Monthly Activity Report - March 2023", dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the CAO/Treasurer titled "2022 Property Tax Receivable Update", dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the CAO/Treasurer titled "2022 Reserve and Reserve Funds Transfers" dated April 12, 2023 for information; and THAT surplus/deficit in the operating departments of water, wastewater and building department be transferred to corresponding reserve (fund); and THAT $9,143.86 be transferred from the TCT reserve to cover 2022 expenses; and THAT $589,235.81 be transferred to cover the approved capital expenditures from the approved corresponding reserves. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the CAO/Treasurer titled "Information Technology (IT) Services Agreement", dated April 12, 2023 for information; and THAT Council directs the Mayor and Clerk to sign same. Motion:

THAT the Council of the Municipality of Dutton Dunwich received the report of the CAO/Treasurer titled "Finance Co-op Student" dated April 12, 2023 for information; and THAT Council directs staff to seek opportunities for a co-op student. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Executive Assistant titled "2022 Election Accessibility Plan Review", dated April 12, 2023 for information. Motion:

THAT the Council of the Municipality of Dutton Dunwich receives the report of the Cemetery Administrator titled "Grass Cutting Quotes for 3 Active and 3 Inactive Cemeteries", dated April 12, 2023 for information; and THAT Council direct staff to continue to complete grass cutting at municipal cemeteries with a 9/10 day cutting schedule. Motion:

THAT the Council for the Municipality of Dutton Dunwich now moves into a session of the meeting that shall be closed to the public at 6:55 p.m., in accordance with Section 239(2) of the Municipal Act, S.O. 2001, c.25 for discussion of the following matters: a) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality - s.239(2)(e) of the Municipal Act - OLT Appeal Motion:

THAT By-law #2023-26, being a by-law to amend by-law 2022-50 for property located at 31846 Erin Line be read a first, second and third time and passed. Motion:

THAT By-law #2023-27, being a by-law to provide for the abandonment of the A.A. Paton Municipal Drain within the limits of the Municipality of Dutton Dunwich, be read a first, second and third time and passed. Motion:

THAT By-law #2023-28, being a by-law to borrow on the credit fo the Corporation in the amount of $193,800.00 for the improvement of the Dunwich Dutton School Drain be read a first and second time and provisionally adopted; and THAT the Court of Revision be held on May 10, 2023 at approximately 5:30pm Motion:

THAT By-law #2023-29, being a by-law to borrow on the credit fo the Corporation in the amount of $99,500.00 for the improvement of the Gordon Campbell Drain be read a first and second time and provisionally adopted; and THAT the Court of Revision be held on May 10, 2023 at approximately 5:30pm Motion:

THAT By-law #2023-30, 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 8:38 p.m. Motion:

THAT By-law #2023-29, being a by-law to borrow on the credit of the Corporation in the amount of $99,500.00 for the improvement of the Gordon Campbell Drain be read a first and second time and provisionally adopted; and THAT the Court of Revision be held on May 10, 2023 at approximately 5:30pm Motion: