The Dutton Dunwich Record

Council Meeting

March 8, 2023

Declared interests

Councillor Drouillardfor item 16
Mayor Hentzfor item 10

What was decided (41 motions)

41 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the meeting of the Council of the Municipality of Dutton Dunwich opens at 5:00 p.m. Motion:
Moved by K. Loveland, seconded by C. Pemberton
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the Manager of Roads and Facilities titled "Monthly Activity Report - February 2023", dated March 8, 2023, for information. Motion:
Moved by A. Drouillard, seconded by H. Dryfhout
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the Water Operations Manager titled "Monthly Activity Report - February 2023", dated March 8, 2023 for information; and THAT Council receives the 2022 Annual Compliance Report for information. Motion:
Moved by H. Dryfhout, seconded by K. Loveland
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the Wastewater Operator titled "Monthly Activity Report - February 2023", dated March 8, 2023 for information. Motion:
Moved by K. Loveland, seconded by A. Drouillard
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the Chief Building Official titled "Monthy Activity Report - February 2023", dated March 8, 2023 for information. Motion:
Moved by A. Drouillard, seconded by C. Pemberton
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the Fire Chief titled "Monthly Activity Report - February 2023", dated March 8, 2023 for information. Motion:
Moved by C. Pemberton, seconded by H. Dryfhout
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the Drainage Superintendent titled "Monthly Activity Report - February 2023", dated March 8, 2023 for information. Motion:
Moved by C. Pemberton, seconded by K. Loveland
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the Engineer's report for the Gordon Campbell 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:
Moved by K. Loveland, seconded by H. Dryfhout
Carried
THAT the Council of the Municipality of Dutton Dunwich receives and decides to proceed with the Donald Lumley Drain improvement request under Section 78 of the Drainage Act received from Randy and Michelle Small, and instructs the Clerk to notify LTVCA as required under S.78(2) of the Drainage Act for drainage improvements; and THAT the requesting land owner be notified of Council's decision to proceed; and THAT an engineer be appointed under the appropriate section of the Drainage Act after the 30-day time period from the notice of Council's decision was sent to the LTVCA and OMAFRA has passed. Motion:
Moved by H. Dryfhout, seconded by C. Pemberton
Carried
THAT the Council of the Municipality of Dutton Dunwich receives and decides to proceed with the section 4(1)(c) petition under the Drainage Act submitted by Goodhue Farms (Port Stanley) Ltd.; and THAT the petitioners be notified of Council's decision to proceed; and THAT an engineer will be appoointed under the appropriate section of the Drainage Act after the 30-day time period from the notice of Council's decision to proceed was sent to the LTVCA and OMAFRA has passed. Motion:
Moved by C. Pemberton, seconded by A. Drouillard
Carried
THAT the Council of the Municipality of Dutton Dunwich appoints Spriet Associates Ltd. to prepare the necessary report for the Section 78 petition for the Dunwich Dutton School Drain filed by Thames Valley District School Board; and THAT notice of Council's decision to appoint the engineer be sent to the requester, LTVCA, OMAFRA and Spriet Associates Ltd. Motion:
Moved by A. Drouillard, seconded by K. Loveland
Carried
THAT the Council of the Municipality of Dutton Dunwich appoints Deputy Mayor Loveland, Councillor Pemberton, Councillor Dryfhout as members of the Court of Revision; and THAT Deputy Mayor Loveland be appointed Chair of the Court of Revision; and THAT the regular meeting end to sit as a Court of Revision for the Pearce Drain at 5:16pm. Motion:
Moved by H. Dryfhout, seconded by A. Drouillard
Carried
THAT the regular Council meeting reconvenes at 5:19pm Motion:
Moved by A. Drouillard, seconded by C. Pemberton
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the Recreation and Administrative Assistant titled "Monthly Report - February 2023", dated March 8, 2023 for information. Motion:
Moved by C. Pemberton, seconded by H. Dryfhout
Carried
THAT the Council of the Municipality of Dutton Dunwich supports the resolution of the Town of Cobourg requesting immediate action from the Province of Ontario to develop, resource and implement a comprehensive plan to prevent, reduce and ultimately end homelessness in Ontario; and THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio, MP and the Town of Cobourg. Motion:
Moved by H. Dryfhout, seconded by K. Loveland
Carried
THAT the Council of the Municipality of Dutton Dunwich supports the County of Huron call to action for further notice and enhanced consultation with municipal governments when drafting and implementing legislation and regulations related to cannabis rpoduction, as there is a direct impact on local municipal operations, local residents and in come cases, serious issues of non-compliance with local municipal by-laws; and THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio, MP and the County of Huron. Motion:
Moved by K. Loveland, seconded by A. Drouillard
Carried
THAT the Council of the Municipality of Dutton Dunwich supports the resolution of the Municipality of Trent Lakes requesting the Minister of Municipal Affairs and Housing make the following change to the municipal oath of office: I will be faithful and bear true allegiance to His Majesty King Charles III and that I will faithfully observe the laws of Canada including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Metis peoples; and THAT a copy of this resolution be forwarded to Rob Flack MPP, Karen Vecchio, MP and the Municipality of Trent Lakes. Motion:
Moved by A. Drouillard, seconded by C. Pemberton
Carried
THAT the Council of the Municipality of Dutton Dunwich supports the resolution of the Town of Grimsby encouraging the Province of Ontario to make changes to the Ontario Heritage Act which promote the retention and expansion of the Municipal Heritage Register, including the listing of properties of cultural heritage value or interest that are not currently designated; and FURTHER THAT it is encouraged to protect the 60-day demolition provision indefinitely, rather than for a maximum of 2 years in order to provide adeqaute time for the municipality to consider the heritage value of properties before they may be demolished; and THAT a copy of this resolution be forwarded to Rob Flack MPP, Karen Vecchio, MP and the Town of Grimsby. Motion:
Moved by C. Pemberton, seconded by K. Loveland
Carried
WHEREAS the Council of the Municipality of Dutton Dunwich has approved policies WE 26-2022 Diversity, Equity and Inclusion Policy THAT the Council of the Municipality of Dutton Dunwich supports the resolution of the Town of Grimsby and commits to continue taking steps to ensure that our political environment is inclusive and welcoming to all individuals, regardless of gender, race, religion, sexual orientation, or other identity factors; and THAT a copy of this resolution be forwarded to the Town of Grimsby. Motion:
Moved by K. Loveland, seconded by H. Dryfhout
Carried
THAT correspondence item 13.f. from Niagara Region be received and filed. Motion:
Moved by H. Dryfhout, seconded by A. Drouillard
Carried
THAT correspondence item 13.g. from the Ministry of Natural Resources and Forestry be received and filed. Motion:
Moved by A. Drouillard, seconded by K. Loveland
Carried
THAT relevant correspondence was reviewed. Motion:
Moved by K. Loveland, seconded by H. Dryfhout
Carried
THAT the regular meeting end to sit as a Committee of Adjustment meeting to hear application MV 01/23 filed by Nicole and Jonathan McDowell at 5:31pm. Motion:
Moved by K. Loveland, seconded by C. Pemberton
Carried
THAT the regular meeting reconvenes at 5:44pm Motion:
Moved by C. Pemberton, seconded by A. Drouillard
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the Planner titled "Application for Zoning By-law Amendment ZBA 11/22 - 270 Mary Street, Municipality of Dutton Dunwich - JEG Home Solutions c/o Alan Patten", dated March 8, 2023 for information. Motion:
Moved by H. Dryfhout, seconded by K. Loveland
Carried
Files: ZBA 11
THAT the Council of the Municipality of Dutton Dunwich approves Zoning By-law Amendment ZBA 11/22, for property located at 270 Mary Street, from Village Residential 1 (VR1) to a Village Residential (VR2) to permi a 5-unit rowhouse in accordance with by-law 2023-19; and THAT Council confirm that no further public meeting is required on this matter. Motion:
Moved by K. Loveland, seconded by A. Drouillard
Carried
Files: ZBA 11
THAT the items on the Consent Agenda be approved. Motion:
Moved by H. Dryfhout, seconded by C. Pemberton
Carried
Files: ZBA 11
THAT the Council of the Municipality of Dutton Dunwich receives the report of the Clerk titled "Monthly Activity Report - February 2023", dated March 8, 2023 for information. Motion:
Moved by C. Pemberton, seconded by K. Loveland
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the Clerk titled "Emergency Evacuation Centre - Dutton Co-operative Child Care Centre Inc.", dated March 8, 2023 for information; and THAT Council approves the use of the Community Centre as a primary and the WEDS Theatre as an alternate evacuation centre for the Dutton Co-operative Child Care Centre Inc. Motion:
Moved by K. Loveland, seconded by H. Dryfhout
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the CAO/Treasurer titled "Monthly Activity Report - February 2023", dated March 8, 2023 for information. Motion:
Moved by H. Dryfhout, seconded by C. Pemberton
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the CAO/Treasurer titled "Council Remuneration Report 2022", dated March 8, 2023 for information. Motion:
Moved by C. Pemberton, seconded by A. Drouillard
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the CAO/Treasurer titled "MMAH Financial Review Indicators", dated March 8, 2023 for information. Motion:
Moved by A. Drouillard, seconded by K. Loveland
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the CAO/Treasurer titled "2023 Municipal Grant Requests", dated March 8, 2023 for information; and THAT Council approves the 2023 Municipal Grant Requests with the addition of the WECHC children's fitness program for $280.00. Motion:
Moved by K. Loveland, seconded by H. Dryfhout
Carried
THAT the Council of the Municipality of Dutton Dunwich receives the report of the CAO/Treasurer titled "2023 User Fee By-law Update", dated March 8, 2023 for information; and THAT Council approves the proposed changes to the 2023 user fees including a 7% increase to fees for South Dunwich Hall. Motion:
Moved by H. Dryfhout, seconded by A. Drouillard
Carried
WHEREAS the Province of Ontario review the Provincial Policy Statement, 2020 (PPS) under the Planning Act; and WHEREAS unique situations include land that is unfarmable, where habitable dwelling had existed but due to uncontrollable situations, the dwelling had been removed or where property had merged on title unintentionally; and WHEREAS opportunities to create residential lots in the prime agricultural area will help to ensure the sustainability of the rural area while still protecting the farmable land. NOW THEREFORE the Council of the Municipality of Dutton Dunwich requests that as part of the review of the Provincial Policy Statement, more flexibility be provided to lower and upper tier municipalities as part of lot creation (S 2.3.4) to permit for new buildable residential lots in the prime agricultural area, when there are unique situations; and FURTHER THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio MP, Elgin County, and its lower-tier municipalities. Motion:
Moved by H. Dryfhout, seconded by C. Pemberton
Carried
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 6:58 p.m., in accordance with Section 239(2) of the Municipal Act, S.O. 2001, c.25 for discussion of the following matters: Labour relations or employee negotiations - s.239(2)(d) of the Municipal Act - Public Works Department Labour relations or employee negotiations - s.239(2)(d) of the Municipal Act - Medical Centre Motion:
Moved by A. Drouillard, seconded by K. Loveland
Carried
THAT By-law 2023-18, being a by-law to adopt an emergency management program and emergency response plan and to meet other requirements under the Emergency Management and Civil Protection Act, be read a first, second and third time and passed. Motion:
Moved by K. Loveland, seconded by C. Pemberton
Carried
THAT By-law 2023-19, being a by-law to amend by-law 2022-50 for a property located at 270 Mary Street, filed by JEG Home Solutions be read a first, second and third time and passed. Motion:
Moved by C. Pemberton, seconded by H. Dryfhout
Carried
Files: ZBA 11
THAT By-law #2023-20, 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:
Moved by H. Dryfhout, seconded by A. Drouillard
Carried
THAT the meeting of the Council of the Municipality of Dutton Dunwich closes at 8:02 p.m. Motion:
Moved by A. Drouillard, seconded by K. Loveland
Carried
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 6:58 p.m., in accordance with Section 239(2) of the Municipal Act, S.O. 2001, c.25 for discussion of the following matters: a. Labour relations or employee negotiations - s.239(2)(d) of the Municipal Act - Public Works Department b. Labour relations or employee negotiations - s.239(2)(d) of the Municipal Act - Medical Centre Motion:
Moved by A. Drouillard, seconded by K. Loveland
Carried

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