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HomeMy WebLinkAboutApril 02, 2009 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, April 2, 2009 7:00 p.m. Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a Minutes of the Budget meeting held March 23, 2009. (b Added Item(s) 4.DELEGATIONS 5.INFORMATION ITEMS (a Copy of Resolution passed March 9, 2009 by the Municipality of Grey Highlands regarding "Removal of local land use planning controls for renewable energy facilities". File: C10 (b Copy of resolution passed March 10, 2009 by the Council of the Corporation of the County of Elgin regarding "Egg Farmers of Ontario". File: C10 (c Correspondence dated March 26, 2009 from Association of Municipalities of Ontario regarding "Budget Confirms Offsets for the Cost of PST/GST Harmonization and Anticipated Infrastructure Stimulus Investment" and "Invitation to Consult - Great Lakes Vision, Goals and Strategies". File: A01 (d Special Edition Newsletter dated Winter 2009 from Carolinian Canada regarding "Species and Habitats at Risk. 5-7 9 11 13-15 17-28 Page 1 of 169 Council Agenda April 2, 2009 Page 5.INFORMATION ITEMS File: A16 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM (a No Items 7.ROADS, AGRICULTURE & DRAINAGE (a Staff Report DR2009-001 regarding Bartley Drain Assessment Schedule. File: E09 (b Staff Report PW2009-01 regarding Mail Box By-Law. File: A09 (c Staff Report PW2009-02 regarding Half Loads By-Law. File: A09 (d Staff Report PW2009-03 regarding Winter Control Policy. File: A09 (e Staff Report PW2009-04 regarding Cost Recovery By-Law. File: A09 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a No Items 9.FINANCE, ADMINISTRATION & PERSONNEL (a Cheque Register being Cheques #6182 to Cheque #6211 inclusive totaling $34,081.87 and Payroll Disbursements for the period ending March 22, 2009 totaling $47,102.12. (b Staff Report F2009-19 regarding Municipal Assistance Program 2009. File: F11 29-30 31-34 35-36 37-43 45-49 51-55 57-59 Page 2 of 169 Council Agenda April 2, 2009 Page 9.FINANCE, ADMINISTRATION & PERSONNEL (c Staff Memorandum C2009-04 regarding Establishment of Cenotaph Committee. File: A09 (d Correspondence received March 30, 2009 from MADD Canada regarding placing an add in "The MADD Message Yearbook". Cost of ads begins at $199. File: C13 [Addenda] (e Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT Transfer. File: F11 10.ENVIRONMENT (a No Items 11.COMMITTEE OF THE WHOLE (a In Camera. (b Out of Camera. 12.BY-LAWS (a By-Law 2009-040 A By-law to establish the Bayham Cenotaph Committee (b By-Law 2009-043 A By-Law to Authorize the execution of an agreement (CUPE) (c By-Law 2009-044 A By-Law to regulate the erection, construction and use of mailboxes (d By-Law 2009-045 A By-Law to designate half load restrictions (e By-Law 2009-046 A By-Law to to regulate repairs and payment of repairs (f By-law 2009-047 A By-Law to establish a policy for winter control (g By-Law 2009-050 A By-Law to authorize the execution of an employment agreement (Pitter) 61-64 65 67-93 95-97 99-128 129-131 133 135-136 137-142 143 Page 3 of 169 Council Agenda April 2, 2009 Page 12.BY-LAWS [Addenda] [Addenda] (h By-Law 2009-051 A By-law to authorize the execution of an agreement (East Elgin Family Health Team) (i By-Law 2009-048 A By-Law to confirm all actions of Council 13.ADJOURNMENT (a Adjournment 145-168 169 Page 4 of 169 COUNCIL BUDGET MEETING MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Monday, March 23r2009 7:00 p.m. The sixth Budget meeting of the Council of the Municipality of Bayham was held in the Committee Room. Present were Mayor Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Wayne Casier, Mark Taylor and Ed Ketchabaw, Administrator Kyle Kruger, Clerk Lynda Millard and Treasurer Suzanna Mantel. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 3. 2OO9 DRAFT OPERAT¡NG BUDGET (a) Added ltem 2009-124 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT in accordance with Section 21 of Procedural By-Law 2002-93, discussion regarding potentialferry service be added to the agenda." CARRIED UNANIMOUSLY (b) 2009 Operating Budget The Administrator advised that there were two matters to be updated, noting that further details were on the next meeting agenda for April 2nd' He advised Council of approval of the OSWAP grant application providing $40,000 per year for four years. Funding is to be applied to water system operating costs. He added that bi-weekly recycling pick up would not reduce costs, given the current volumes and schedules, and that overall waste management costs are projected to increase. lt was therefore suggested the budget be increased a total of $15,000 for 2009. Discussion included potentialfor recycling farm plastics and Eden Commun ity Centre environmenta I report regard ing upg rades. Page 1 of3 Minutes of the Budget meeting held March 23, 2009. Page 5 of 169 Council Budget Meeting Minutes March 23,2009 2009-125 Moved by Councillor C Evanitski Seconded by Councillor M Taylor "THAT By-law 2009 030 being a By-law te,adept thea'se'smenÊ on which taxes shall be levied for the year 2009 and the current estimates for year 2009 be presented to Gouncil for enactment." CARRIED UNANIMOUSLY (c) Staff Report F2009-05 regarding Budget 2009. File: F05.09 2009-126 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report F2009-05 be received; AND THAT Gouncil direct staff to prepare a by-law to amend the current animal control by-law providing for full cost recovery for impounded animals; AND THAT Council direct staff to undertake a service delivery review of the dog licensing program for the municipality and to report back to Council on the analysis and proposed changes to the system." CARRIED UNANIMOUSLY (d) Verbal report regarding potential Ferry Service Mayor Acre advised that contact by Mayor Chris Conley of Grand River, Ohio raised concerns that the municipality may be experiencing misrepresentation to government departments and other agencies regarding the progress, or lack thereof, in achieving support for ferry services. Council members agreed that awaiting the results of the proposed Feasibility Study through the RED application is critical to determine whether support by all government bodies is warranted. The Administrator was directed to prepare a letter for circulation to Mr. Kent Kristensen and others as appropriate. Page 2 of 3 Minutes of the Budget meeting held March 23, 2009. Page 6 of 169 Council Budget Meeting Minutes 4. BY.LAW March 23,2009 (a) By-law #2009-030 A By-law to adopt the assessment on which taxes shall be levied estimates for year 2009 2009-127 Moved by Councillor C Evanitski Seconded by Councillor M Taylor "THAT By-law 2009-030 being a By-law to adopt the assessment on which taxes shall be levied for the year 2009 and the current estimates for year 2009 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (b) By-law 2009-039 A By-law to confirm all actions of Council 2009-128 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT confirming By-law 2009-039 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 5. ADJOURNMENT (a) Adjournment 2009-129 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT the Gouncil meeting be adjourned at 7:45 p.m." CARRIED UNANIMOUSLY MAYOR !\,n CLÉî,K Page 3 of3 Minutes of the Budget meeting held March 23, 2009. Page 7 of 169 Page 8 of 169 0,{Ò $II'11I!*&{ç,.,^ RESOLUTON OF THE COUNCIL OF THE CORPORATONflF!.,h}.;"iz' OF THE MUNICIPALITY OF GREY HIGHI-ANDS March 9th, 2009 RE: Removal of local land use planning controls for renewa ble energy facilities *WHEREAS, the Municipality of Grey Highlands is concerned that the removal of local land use planning controls for renewable energy facilities will have a detrimental effect on the Municipality; AND WHEREAS, the passage of Bill 150 will limit the ability of the Municipality to provide meaningful comment and participation in the placement of wind and other renewable energy facilities with the removal of power under the Planning Act; AND WHEREAS, without powers under the Planning Act, the Munícipality will no longer be able to require Agreements related to access, landscaping, and securities for renewable energy projects; AND WHEREAS, the Municipality will no longer be able to address the needs of the local area in such an Agreement, THEREFORE BE IT RESOLVED THAT, the Municipality of Grey Highlands requests that the Province undertake a comprehensive review of the potential health and land use impacts (including propefi values) to the General Public associated with the placement of all Renewable Energy Facilities; and review the proposal to remove local land use planning controls under the Planning Act through Bill 150." CARRIED. A copy of this resolution was forwarded to Honourable Premier McGuinty and Council requested a copy be circulated to all Ontario municipalities for consideration and endorsement. We would ask that a copy of your resolution of endorsement be fonryarded directly to: Honourable Premier McGuinty; Minister of Energy and Infrastructure; Minister of Municipal Affairs and Housing; Minister of Environment; Minister of Natural Resources; Association of Municipalities of Ontario; Local member of Provincial ParliamenÇ and the Municipality of Grey Highlands. For further information, please contact Debbie Robeftson, Municipal Clerk Corporation of the Municipality of Grey Highlands 206 Toronto St. S., Unit 1, Markdale, ON NOC 1H0 (V) 519.986.1216 Elt. 233 (F) s19.986.3643 (E) robertsond@greyhighlands.ca DISCIAIMER This matenal is provided under contract as a paid seruice by the orþinating organizat¡on and does not necessarly reflecl the view or posttions of lhe Associalion of Municþalities of Onfario (AMO), its subsidiary companies, offrcers, directors or agents. Copy of Resolution passed March 9, 2009 by the Municipality ... Page 9 of 169 Page 10 of 169 Ma r, 27, 2009 B:44AM County of Elein No,2753 P, 2/2 ElgrnCounLy March 26,2009 Mr. Harry Pelissero General Manager Egg Farmefs of Ontario 7195 Millcreek Drive MISSISSAUGA, Ontario L5N 4H1 Dear Mr. Pelissero: The Council of the Corporation of the County of Elgin adopted the following resolution at its meeting held on March 10,2009: 'THAT the Corporation of the County of Elgin supports the Egg Farmers of Ontario's resolution promoting the purchase of eggs produced in Ontario as a preferred local and sustainable procurement practice. (s ig n ;rii{lå?3. n G raham wa,wick" The support of our local food producers is of vital importance to our economy and we wish you every success in your endeavour to promote the industry. Yours truly, Mark G. Gounty of Hastíngs Lower-Tier Partners in Elgin County Counly of g!!Tn Adfl lnl+tratlve Eervloet 450Sunset olive $,Thomrs,on NsR5V1 Ph0ne; 519.631.1460 www.ôl$ncounty.on.ca Chief Adm inistrative Officer. Copy of resolution passed March 10, 2009 by the Council of t... Page 11 of 169 Page 12 of 169 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax: (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT No: 09/019 To the attention of the Clerk and Council March 26,2009 FOR MORE INFORMAT¡ON CONTACT: Matthew Wilson, Senior Policy Advisor (41 6) 971 -9856 ext 323 l-- Ë tTJJ Budget Gonfirms Offsets for the Gost of PST/GST Harmonization and Anticipated Infrastructure Stimulus lnvestment lssue: The 2009 Ontario Budget confirms the province will match federal infrastructure investments and offset additional toial costs to the municipal sector'related to the creation of a harmonized sales tax. Below are budget highlights affecting municipalities: The Government is moving to harmonize the federal GST and the provincial PST into a combined new rate of 13%. The Budget confirms that this change will be "fiscally neutral" relative to the amount of PST currently paid by municipalities. This means that the municipal sector as a whole will not be paying any more sales tax as a result of the harmonization of these taxes. The provision of the current federal GST rebate for municipalities will remain in effect. The Budget confirms infrastructure investments will be made by the province to match the infrastruCture stimulus commitments announced in the Federal Budget. Some details have been announced previously including more than $600 million in matching social housing investments as announced on March 20,2009. lt includes a figure of $6.8 billion over the next two years for "new short term stimulus investments", the majority of which will be for m unicipal infrastructure. The Budget reconfirms Property Tax Grants for seniors as announced previously in the 2008 Budget. The Assessmenf Acf will be amended to exclude the additional value of specific energy- efficiency enhancements when calculating current value. Details are expected in regulation' The Municipat Actwill be amended to make it consistent with the new accounting standards of the Public Sector Accounting Board related to tangible capital assets. Municipalities are currently adopting these new standards. Association of HOMunicipalities of Ontario1-2 Correspondence dated March 26, 2009 from Association of Muni... Page 13 of 169 The Budget introduces a mandatory procurement program for the broader public sector I called OñtarioBuys. AMO has beeñ informed by officials from the Ministry bf Finrn." J-that municipal participation will be voluntary. oDSP and ontario works rates will increase by 2%starting in tate 2009. Municipalities tr will be shielded from the impacts of rate increas 2010, cost sharing for ODSP benefits will shift t phased upload of Ontario Works benefits will b OMPF mitigating funding and for the continuatio ensure that increasing social assistance caselo Northern municipalities will benefit from increas $648 million which includes the widening of Hig Northern municipalities will also benefit from support for increased investment of key industries including the mining sector ($40 million over three years) and an extension of electricity price rebates to qualifying pulp and paper mills ($58 million). Rural municipalities will benefit from increased support for farmers to promote Ontario produced goods to the broader public sector ($8 million). Eastern Ontario municipalities will benefit from the Eastern Ontario Development Fund investments of $20 million this year. Community agencies will receive $80 million to undertake repairs to social seruice facilities used by low-income and vulnerable Ontarians. Action For your information. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. 2-2 rt¡un¡c¡par¡î!:ïätli:r'i ^ìlo Correspondence dated March 26, 2009 from Association of Muni... Page 14 of 169 MEMBER GOMMUNICATION Fyr No: oe-000 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E-mail: amo@amo.on.ca I- LL To the attention of the Clerk and Councit FoR MoRE lNFoRMArloN coNrACr: Month 26,2oos iäåi$,i:¿#?seniorPoricvAdvisor Invitation to Consult - Great Lakes Vision, Goals and Strategies The Ministries of the Environment, Natural Resources, and Agriculture, Food and Rural Affairs have posted a Discussion Paper, Healthy Great Lakes, Strong Ontario on the Environmental Registry at www.ebr.qov.on.ca (EBR Number 010-6105). The Discussion Paper will be availabfe for public review and comment until May 16, 2009. Over the next two months, Ontario will be holding four invitation-only lake-by-lake meetings around the Great Lakes, as well as one Basin-focussed workshop, to discuss its draft Vision, Goats and Strategies for the Great Lakes. The discussion paper provides the background for these meetings. To obtain feedback on the proposed Vision, Goals and Strategies for the Great Lakes, municipal representatives from municipalities within the Great Lakes Basin are invited to attend a meeting and provide comments directly to the ministries. contact Elizabeth Everhardus directlv at MOE's Great Lakes Office elizabeth.everhardus@ontario.ca (41 6) 314-4395. Members of the Great Lakes St. Lawrence Cities Initiative will be invited to a lake meeting separately. As space is limited, one candidate per municipality is requested. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca' ruun¡c¡par¡11:î?äiT:.ii ^llo1-1 Correspondence dated March 26, 2009 from Association of Muni... Page 15 of 169 Page 16 of 169 Íes and Habitats at Risk Special Edition Newsletter Bronwen Buck, Editor, Carolinian Canada Coalition newsletter 3(l A f elcome to this special edition newsletter. We ore excited to bring you positive stories about V V rare species and habitats ond report on the actions you are taking to sustain them. With so much to tell, we will keep this focus in forthcoming rssues. ldeas for future topics are welcome, as are submissions related to hobitot enhancemenl research, youth involvement education and land stewardship. For editorial guidelines, please contact: newsletter@carolinion.org." Connecting our Community Ll elp break a record by signing up for our e-news. We hope to connect record numbers of subscribers through our | | monthly newsletter this year. Through your free subscription, you can receive and post events, publications, and program updates across Carolinian Canada. To subscribe, send an e-mail to enews@carolinian.org. A First for the Coalition Jh. Crro,inian Canacja Coarition I is proud to announce its new Charitable status. For the first time, Coalition donors can receive a charitable tax receipt directly from the organization. We have just completed a non-profit business plan for improved donor services and information. Now you can support us on-line, on a monthly plan or make a special dedication in the name of a person or event significant to you. Your support is a reflection of the progress, effectiveness and credibility of the shared message ofour conservation community.Getting to Know an Old-Growth Forest otthe CCC AGM in Moy zooS GreenÍna the Future for Soecies of RÍsk ln CarolÍnÍan'Canäda fhe Carolinian Canada Coalition launched an ambitious ecoregional program I for ecosystem and species recovery in collaboration with a wide range of partners in zoo8. The Coalition is the recipient of a 5z67,ooo grant from the Ministry of Natural Resources Species at Risk Stewardship Fund. This is matched by financial and in-kind contributions from Environment Canada, Ontario Stewardship Rangers, University of Waterloo, Nature Conservancy of Canada, Parks Research Forum of Ontario, Tallgrass Ontario and many others. The program takes a comprehensive and community-based approach to species at risk stewardship through Conservation Action Plans for Biodiversity Hotspots, Youth helping SAR, a Habitat Outreach Strategy and the Carolinian Woodland Network. Recovery lmplementation Groups are currently working on habitat restoration guidelines to support ecosystem recovery. Join the Recovery Network at woodland@carolinian.org. Assistance for this project is provided by the Ministry ofNatural Resources. Carolinian Canada Coalition Collaborating for a Healthy Ecoregìon in Southwestern Ontario Special Edition Newsletter dated Winter 2009 from Carolinian... Page 17 of 169 Lùnkùn Løndowners wíth Heølthy Løndscøpes l\id you know many landowners in southern Ontario are enthusiastic stewards of rare habitats and species? lJft'is is what Nikki May, Project Coordinator for the Carolinian Canada Coalition (CCC) found while developing factsheets focusing on landowner action in the Carolinian Life Zone. ln fact, while interviewing landowners about their stewardship initiatives, she gathered so many stories it was impossible to publish them all. Aptly titled "Caring for Nature," part of lhe Landowner Links Project, this suite of factsheets tell compelling stories of private landowners, community groups, agencies and youth who steward the natural habitat and rare species in each municipality. These publications have so far have reached over 12o,ooo households and businesses within the Zone. By providing many "how- to" tips and answering the questions "Why should I care?" and "What can I do?" the publications seek to inspire stewa rdsh ip. Nikki is well on her way to realizing her goal of creating factsheets for all counties within Carolinian Canada. By November zoo8, CCC distributed publications for 9 districts including Chatham-Kent, Lambton, Elgin, Essex, Middlesex, Norfolk, Halton, Hamilton and Niagara. Nikki's ambition is to launch factsheets for Haldimand, Oxford and Brant in the spring; and to develop similar pioducts for the Greater Toronto Area. After receiving their factsheets, many landowners contacted the Coaltion to learn more about the organization or to find assistance for their habitat projects. These are the kind of responses Nikki was hoping for. She believes the more people are aware and involved in stewardship, the healthier the Carolinian landscape will be. Spread the message. IJse Coring for Nature factsheets in your stewordship projects. Bulk copies free (as availoble) from ffice@carolinian.org. ThÌs project is supported generously by the EcoAction Community Funding program of Environment Canoda, TD Friends ofthe Environment Ontorio Power Generotion ond many other partners. We invite submissions of articles for the newsletter. For editorial guidelines, please contact: newilettei@caiolinian.org. Subscribe to our free, nonthly on-l¡ne CCC ECO' NEWS, and you canreceive(and post) updates on events and projects acrógiCarolinian Canada. To subscribe, send an e'mail to enews@carolinian.org Carolinian Canada News, Jan. zoog Publisher: Carolinian Canada Coalition The Carolinian Canada Coalition connects hundreds of groups and individuals ocross southwestern Ontario to protect ond restore the unique nature and healthy Iandscapes of the Carolinian Life Zone, Ontario's most ecologically diverse region and home to fi of Canada's Species at Risk. Factsheet author Nikki May thinks this picture from the Halton factsheet perfectly represents the spirit of the factsheet proiect. Here, councilors Tom Adams, Renee Sandelowsky, Linda Elgar (the beaver) and Allan Elgar, pose for a photo after the government's announcement that over 284 ha (7oo oc) of land would be protected in Halton Region, demonstrating how one community cares for nature. Editor: Bronwen Buck Design: Jane Thomson, Over The Moon Carof inian Canada Coalition Collaborating for a Healthy Ecoregion in Southwestern Ontario Special Edition Newsletter dated Winter 2009 from Carolinian... Page 18 of 169 TonservatíonFctìonPlannÍffi Introductìon Authors: Bronwen Buck and Jarmo Jalava for the carolinian Canada coalition I nnovative. Collaborative. lnclusive. Adaptive. These are some of the I qualities of Conservation Action planning (CAp), a process that is transforming the way we plan, implement and monitor conservation projects. Staff at the Carolinian Canada Coalition (CCC) along with both Canadian and US Nature Conservancies, has just initiateã Cnp with representatives from First Nations groups and public, private and non-governmental organizations in southern Ontario. :;,1-1,---.:.rt Carolinian Woodland Recovery Strategy pitot CAp Areas coincidi ng with biodiversity hotspots CCC isfacilitatingthe implemèntation ofthese conservation planswithin three of fifteen biodiverse "hotspots" located throughout Carolinian Canada. These places require urgent action to recover threatened species and habitats. They are also areas where conservation planning will bring the greatest benefits. The pilot areas include (r) Southwest Essex County; (z) Ausable River - Kettle point to pinery; and (¡) The Upper Thames River watershed. The inaugural CAp meeting took place in October when approximately 3o individuals representing eighteen conservation groups met to begin refining project boundaries and defining their conservation priorities. By undertaking this initiative, participants join the ranks of leaders around the globe who are successfully creating positive environmental change. CAP evolved through the global conservation efforts of US Nature Conservancy scientists. By testing their approach over decades, they honed methods of uniting conservation practitioners and diverse stakeholders in constructive dialogue. They also learned how to set the stage for the successful completion of rigorous conservation projects such as those carried out in the Condor Bioreserve, Ecuador and La Amistad Park in Costa Rica and Panama. CAP works because it lays out steps to define project boundaries, develop strategies for implementation and adapt these strategies to specific circumstances. Because the process normally invites input from various community stakeholders, discussion revolves around how conservation planning can complement the diverse interests of all i nvolved. Typically, those involved in the conservation field are already so overburdened that it would seem odd to promote yet another process. However, for practitioners charged with creating and maintaining ecological communities that balance with human ¡nterests, CAp can reduce stresses associated with the complexities of their work. lt thus enables them to move large-scale ecosystem recovery projects forward with greater effciency. Most significantly for Carolinian Canada, CAP can rapidly address the needs of overlapping species at risk on a working landscape to move forward a larger vision for ecosystem recovery. Each pilot CAP area has over 50 species at risk that are dependent on stakeholder stewardship. CAP provides a clear path to develop, link, implement and monitor cooperative act¡ons for species at risk. Practitioners can benefit from associated tools such as workbooks, guidelines, software and technical assistance. Citizen groups also find CAP helpful because it offers a forum to contribute in a non-partisan atmosphere. Despite their geographic ideas¡ CfP enables grqups to streamline work and prevent 4uplication of efforts..Fu rthermprè, the. clear, achievable anil- measured approach CAP offers appeals Participants who partner through the CAP þrocess becom o4edto applyforg¡ants, This afticle ¡s the first in series about Conseruotion Action Planning in Carolinian Conada. Second Woodland Recovery Update a Success /^\ n October z3rd, a rou nd eighty conservationists, industry leaders and nature enthusiasts\vfgathered at the second Woodland Network Forum to learn about conservation action planning (CAP) and share ideas about the future of southern Ontario's natural the Ontario Land Trust Alliance and the Thames Talbot Land Trust. fi lt*l , ssrstance for this project is provided by the the Uana(ll corern*rnt o¡ èonoAo Habitat Stewardship Program for Species at Risk and the Ministry of Natural Resources. Jarmo Jalava and John Legge answer questions about Conservation Action PIanni ng For more information call 5t9-433-7o77 or look us up on the web at www.carolinian.org 3 Special Edition Newsletter dated Winter 2009 from Carolinian... Page 19 of 169 TIie Coa-lition'lüew Wnãare Ínl-o So¿¡al Mailcetíng lor Species ond HabÍtats atRisk Author: Bronwen Buck, Ecosystem Recovery Network Coordinator A Voice forthe Voiceless fi dvances in science are increasing our effectiveness at recovering F\species at risk (SAR) but science alone cannot accomplish the wide range of conservation tasks at hand. On this highly settled landscape, people must be part of the solution. Success dêpends on our abiliÇ to engage more people in local stewardship, and enhance their understanding of how their well-being can benefit from such a commitment. ln response to the need for compelling outreach materials for science- based programs, the Coalition is excited to launch a multi-partner social marketing strategy for rare habitats and species. Our goal is to foster stewardship for SAR by promoting messages that resonate with key audiences across southwestern Ontario in partnership with a network of groups involved in SAR outreach. ln the process, we wil! maximize our impact by working togetheran{ build capacity by ilevelopÌng'outreach toolkits' that each group can customize to serve their own uniqrle SAR programs. This program builds on tþe.mome¡tum of interest developed through the Caring for Nature factsheet projgct. Social al ma' psych ad ofsocial to ins The pi eness campaign for energy conservation are notable examples. Among the many social marketlng strategies that are effectively changing habits and popularizing issues, most tend to focus on health or reduction of how to reduce ecological impact by changing consumer hablts. The time has come for the conservation community to realize similar gains for habitat stewardship. Around eight million people live within the Carolinian Life Zone, most of whom know little about the rare plants and animals of this region. How do people learn to care about the fate of a diminutive lichen or a wart-covered toad? Can we convey our own fascination for Carolinian SAR as effectively as others have done for more charismatic species such as the panda or koala? What are the most effective ways to taifor messages about SAR for different audiences? This program will explore the benefits of a social marketing approach focused on nature conservation. As a first step in our strategy, we are inviting professionals and volunteers from stewardship organizations to join us in developing a plan to address these questions. A social marketing consultant will lead a working group of communication experts to define shared goals, create key messages and provide the basis for a joint marketing concept. All interested groups and individuals can be involved at a variety of levels, or as part of an outreach network where you can provide input, review our ideas and test the products. To learn more about this initiative or find out how you can pofticipate, please contact Bronwen Buck, Ecosystem Recovery Network Coordinator at y9-34r- 7 9 9 o r woodl a nd@ca rol i n i a n.o rg. ln "the born": Bronwen Buck gives tips to the rongers about developing a career in conservation. How do people leorn to care about species at risk such as this Fowler's Toad? Teenage Gangs Save Habìtats Author: Jennifer Standaert, Program Coordinator for Youth Programs within the MNR 1^\n August 5, zoo8, the Carolinian Canada Coalition (CCC) gathered seven \.¡f Southwestern Ontario Stewardship Ranger Teams together at a Species at Risk (SAR) Training Camp. This educational camp was delivered in partnership with Ausable Bayfield Conservation Authority, Camp Sylvan Scout camp and the Ministry of Natural Resources. Teams attending included the Chippewas of the Thames, Middlesex-Lambton, Waterloo-Wellington, Oxford-Elgin, Walpole lsland First Nation, Brant-Hamilton and Chatham. Stewardship Rangers and their Team Leaders spent their time in the rustic camp setting learning about the biologically diverse areas and rare species in southwestern Ontario. The two day event focused on Carolinian SAR, their level of risk and their recovery.plans. Rangers became aware of their SAR habitat footprint and envisioned a SAR-friendly community through a group mapping exerctse. Each Ranger was supplied with a newly developed SAR Youth Training Manual. The Rangers learned from CCC representatives, Bronwen Buck, Jarmo Jalava and Nikki May who spoke about woodland recovery and how individuals can influence habitat protection. Denise Biega of Ausable Bayfield Conservation Authority engaged the Rangers in interactive activities such as a SAR scavenger hunt, a GPS race, an owl prowl and an interpretive hike. Ë Þ Ø = Youth Helping SAR 4 Carolinian Canada Coãlition Collaborating for a Healthy Ecoregion in Southwestern Ontario Special Edition Newsletter dated Winter 2009 from Carolinian... Page 20 of 169 SpeCÍesin Southwes tern Ontarìo Contìnues The Questto Remove Invasive Exotic Lauren was hired as a co-op studentthrough the Carolinian Canada Student lntern (CCSI) program in partnership with the L)niversity of Waterloo's Facufty of EnvironmenL Cymbaly discusses her research here. Destoration and invasive plant removal projects are underway at rare Charìtable Research l\Reserve. Research on invasive plants is booming! New knowledge generated by the scientific community includes how invasive species spread, what triggers their spread, how persistent they are and how to best get rid of them. AIrare, we are using this information to increase our efficiency at invasive species eradication. With the invasive exotic plants mapped last summer, we now have the data to create action plans. Removing aggressive invasive species can be arduous, but thanks to funding from the Carolinian Canada Coalition's Student lntern Program, rareTook on the challenge. about ecological, economical and landscapes. Projects range from removlng individual patches of invasive herbaceous plants, to large landscape scale restoration projects. Community members, students and researchers help to carry out these initiatives. Given rare's unique habitats including cliffs and alvars, old growth forest and integrated streams and wetlands, removing species capable of altering ecosystem function takes priority. Examples of species with this capacity include: woody species such as buckthorn, Norway maple, Scot's pine and autumn olive; herbaceous species include leafyspurge, garlic mustard and Canada Thistle (which is actually native to Europe); as well as aquatics like Purple Loosestrife, and Flowering Rush. Even armed with the latest removal methods, ridding the property of aggressive species is still a challenge. We are developing education and monitoring programs to ensure removal and restoration activities are well documented. This information will contribute to our knowledge base successful strategies.for'removing these invaders from our Employers in Carolinian Canada may apply to cost-share a student for stewardship and research work for coastal species at risk in zoo9. Details are posted on our website along with reports from Lauren and Author: Lauren Cymbaly à o E O J .> Ê E O c J Flowering Rush - Butomus umbellatus Conada Thistle - Cirsium arvense Leafy Spurge - EuphorbÌa esula other students. Each of the Ontario Stewardship RangerTeams had the opportunity to give a presentation highlighting the projects they carried out, such as Fowler Toad research and butterfly tagling. Their presentations clearly conveyed the sense of pride they gained from these experiences. CCC funded one of the Ontario Stewar{ship Ranger teams this summer through the MNR Spec¡es at Risk Stewardship Fund. Education is as important as the work thè Rangers did to support SAR this summer. This camp willgreatly benefitthis nextgeneration of land and resourcestewards. These rangers now have a better appreciátion for the rich diúersity of Carolinian Canada and are better prepared to share their knowledge within their classrooms and communitíes. Assistance for CCC Ecosystem Recovery projects descríbed in this newsletter is provided by the Ministry of Natural Resources ó c = É Rangers complete a community mapping exercise. and many other portners. For more information call 5t9-433-7o77 or look us up on the web at www.carolinian.org Special Edition Newsletter dated Winter 2009 from Carolinian... Page 21 of 169 Reflections of My Summer with the ( Author: Rebecca Lidster Rebecca Lidsterworkedfor the summer asthe Crew Leaderforthe Middlesex-Lambton Stewardship RangerTeam. Here, here she reflects on herwork experience which ìnvolved leading a team of q-year-old Stewardship Rangers to restore habitat and work with SAR in the Carolinion Life Zone. Buckthorn Removol in Briscoe Woods (London) vùith Reþrest London From Left: Cale Sprague, Lauren Schryvers, Chris Surita, Ryan Johnson, Becky Lidster ln front of one of the piles of Buckthorn thot we removed from Brisoce Woods lf you were asked to define the ideal job, what would this positíon I involve? For me, it would involve working outdoors, meeting new people and carrying out a variety of tasks. When I look at these criteria, I realize that I had my perfect job over three months in the summer as a team leader for the Ontario Stewardship Ranger Program. The program is a Ministry of Natural Resources (MNR) initiative that provides seventeen year-olds with opportunities to work for the summer alongside various partner-based conservation projects. My position involved super:vising the safety and work of the four Rangers that make up a ranger team. My team participated in conservation work within Middlesex and Lambton Counties. An important aspect of my position was to develop a work plan forthe summer. I involved existing partners and also initiated new partnerships with local conservation groups. Our team worked on many exciting projects. The Rangers enjoyed the hands-on nature of the tasks. They also responded well to work they knew made a difference. Their favorite projects included: species at risk monitoring, the development and implementation of an environmental festival, assisting wildlife rehabilitation centres, invasive plant removal and management of tallgrass restoration sites. The flexibility I had in organizing our work plan proved beneficial to me. I had the ability to develop a schedule that catered to the Ranger's interests so their experiences were enjoyable and educational. For example, all four Rangers had expressed to me that they enjoyed fishing in their spare time, so I knew that they may like to participate in an electro-fi shing projecL FOREST FESTIVAT A HIT With Games LÍke u$pecìes lnvaders" qnd "Oh Possum", Who Can Resisú Leainîng A,bout Cdrolinian Habitats? Author: Bronwen Buck, Carolinian Canada's Ecosystem Recovery Network Coordinator for three days, the woods around Jaffa resounded with the laughter ofI hundreds of children as they participated in the first ever Carolinian Forest Festival hosted by the Kettle Creek Conservation Authority. The event which took place from October 7-9 at Springwater Conseruation Area and the Jaffa Education centre near Aylmer, served to teach more than 9oo grade six and seven students about the Carolinian Life Zone and forest ecosystems through dynamic displays and hands-on experiments. lnteractive games like "Species lnvaders", "Oh possumll and ,,Don,t be Cavity Free" introduced participants to invasive species, Carolinian habitats and the importance of cavity trees. I had a fantastic time hosting a fast-paced, competitive game of "Carolinian pursuit" with Shar.on Graham, a high-school student with Central,Elgin Collegiate's leadership class. The game, which pitted teams againsteach othertotest knowledge ofthe Carolinian ecozone, kept us both on our toes because the students answered quest¡ons almost faster than we could ask them. "The goal ofthe festival was to help students discover the importance of local forests and the Carolinian Life Zone," explained Betsy McClure, the Festival Coordinator. She added,'We hope the lessons they learned at the festiv¿l will help iñotivate'behavioral changes and encourage good stewardship" Overall, the students participated in 3r activities that focused on topics such as climate change, biodiversity and species at risk, conservation and forest ecosyste.ms. It took McClure's superíor organization skills a nd the concerted efforts of 7o volunteeis daily to pull offthe evenL Professionals from government agencies, environmental organizations and private businesses as well as local community members and high school students presented activities. The festival was funded largely by the Ministry of the Environment's Community Go Green Fund and the Ministry of Natural Resources'Species at Risk Stewardship Fund. Addit¡onal support for the Festival was provided by the St Thomas Chapter of the TD Friends of the Environmerit Foundation, the Ministry of Education's CODE Funding and numerous local and regional organizations. 6 Carolinian Canada Coalition Collaborating for o Heakhy Ecoregion in Southwestern Ontario Special Edition Newsletter dated Winter 2009 from Carolinian... Page 22 of 169 ntario Stewardship Ranger Program Electro-f shing and prøctical application otthe Brant Rod and Gun Club in July '=: ó From left: Cale Sprague, Ryan Johnson, Chris Surita, Lauren Schryvers Did I mention camping? Our team was fortunate to be able to participate in two camping trips with other Rangers. We had one camping trip at Rondeau Províncial Park, where we helped with trail maintenance and mussel surveying. We also attended a Species at Risk Camp hosted by the Carolinian Canada Coalition at Camp Sylvan. Camping was a fantastic team-building activity for the Rangers. One of my favourite aspects ofthe Stewardshlp Ranger program is that Rangers work locally within their community. This allows them to see the difference that they have made. I also appreciate the opportunities the Sharon Groham (1.) ond Bronwen Buck (R.) host a game of Carolinian Pursuit øt the Carolinian Forest Festival. From left: Lauren Schryvers, Cale Sprague, Steve Moy, Ryan Johnson, Chris Surita, jumping trout youths have to receive inspiration and advice from experts who work in the conservation field. ltruly wish that I had known aboutthis program when I was seventeen. The contacts, experiences and the skills Rangers acquire are absolutely invaluable. Although supervising four seventeen year-olds had challenging moments, I took away so much from my experience. Did I enjoy the work? Definitely. Would ldo it again nextsummer? ln a heartbeat! HOWAREYOU GREENING CAROTINIAN CANADA? Send Us Your Stories! Thousands ofpeople across Carolinian Canada arefacing similar conservation challenges. Your experience con inform and inspire others and sharing our stories makes our conservotion community stronger Send us notes and photos about your interesting proiect, conservation succes' innovative idea, dedicated volunteers or favourite natural area to newsletter@carolinian.org. For more information call 5'19-433-7o77 or look us up on the web at www.carolinian.org 7 Special Edition Newsletter dated Winter 2009 from Carolinian... Page 23 of 169 Road K¡lls Spark a Community Effort at Long Point Spin-off Benefits May Enhance Local Economy Submitted by: Brian Craig f\ ¡laking the landscape safer for wildlife and people, the Long Point f V lCauseway lmprovement Project (LPCIP) recently showcased its success to the many organizations involved. At the Canadian Wildlife Service property on Sept.24, participants toured the temporary barrier fencing and artificial nesting mounds installed by local contractor Steve Armstrong and four students working for the Norfolk Environmental Stewardship Team - Adam Biddle, Jacob Cavan, Kevin Verkindt and Kyle Manthe. Adam Wilson, a young scientist, presented his monitoring findings using methodsthat can becompared with previousyears. Sofar, itappearsthat the number of animals killed on the road is lower than in previous years, especially in the fenced-off area. Nevertheless, Wilson has identified t3z reptiles, 4r9 amphibians, 85 birds and 44 mammals that were killed on the caUseway between July r and September r9. He found 94 dead turtles including one Blanding's Turtle considered a Species at Risk (SAR). Wilson was hired by the Long Point World Biosphere Reserve Foundation (LPWBRF) with funding assistance from Environment Canada's Science Horizons program and works with Scott Petrie of the Long Point Waterfowl and Wetlands Research Fund, which stores road kill remains for identification. LPCIP chair Paula Jongerden said the reduced death toll could result from a combination of factors - better public awareness, fencing and nest mounds, weather and even people stopping to help turtles across the road. "Unfortunately, the lower numbers could also be an indication of significant declines in some species' populations due to the annual amount of road kill year after year", said Jongerden. A positive move is the recent decision by Norfolk County Council, endorsed by the Long Point Ratepayers, to reduce speed límits on the causeway from 7o to 6o kph. Overthe long term, the LPCIP hopes to install a system of barrier walls a nd cu lverts or "ecopassages" for wildlife, wider shoulders for motorists, a trail for cyclists and pedestrians, making the area safer and more enjoyable for all. As well, several of the proposed culverts will be designed to re-establish strong water flows between the inner bay and the marsh, opening up more areas to fish spawning and reducing siltation in the bay. Ultimately, by addressing the 4eed to save its species at risk, this community [s discovering that actions to benefit wildlife also improve the landscape for local residénts, visitors, cottagers and the recreational economy. Barrier fence ot Canadian Wildlife Service property on the Long Point causeway LON DON'S.SIGN I FICANT WOODTAN DS Author: Sandy Levin ssed an amendmentto its Official Plan. ltchanged thecriteria ree h igh. Th is action was taken as a result of an earlier Ontario d to do so. Not surprisingly, the Official Plan amendment was party to the hearing was former city councillor, Sandy Levin. a lawyer and essence, the rd dismíssed lnstitute and the lando dweregranted leave to appeal the decision ofthe Ontario Municipal Board. No date has been set, butthe hearing will likely For moie information, contact Sandy Levin at s.levin@sympatico.ca Project Manager, Rick Levick, pointing to a constructed ' turtle nesting mound Carof inian Canada Coalition Collaborating for a Healthy Ecoregion in Southwestern Ontario Special Edition Newsletter dated Winter 2009 from Carolinian... Page 24 of 169 Pelee Island Bird Obseryatory Update Author: Claire Sanders Th. Pelee lsland Bird Observatory I (PIBO) (est. zooz) is a research station to track songbird migration. Each spring and fall, staff and volunteers conduct counts and band migrant songbirds at Fish Point Provincial Nature Reserve as part of a long-term population study. PIBO is one of twenty stations that make up the Canadian Migration Monitoring Network. The network tracks population trends for over 2oo species of songbirds that nest in Canada's boreal forest region and winter far south in Central and South America. The Blackpoll Warbler is an example of one of the species we capture during fall migration. ln preparation for its transatlantic trek, it accumulates enough fat to double its weight, giving it enough energy for 9o hours of continuous flight. This would be equivalent to a r5o-pound person gaining r5 pounds of fat per day until tipping the scale at 3oo pounds, and then shedding r.8 pounds per hour through vigorous exercise! Many ofthe birds passing through the island travel another 4ooo km to get to their southern wintering grounds, which makes Pelee an incredibly important place for them to stop and refuel. ln addition studying migration, the data we've collected over the last six years also emphasizes the importance of the island for breeding birds and species at risk. The Canadian Western Lake Erie lslands provide some of the most biologically diverse natural habitats in the country and have one of the highest densities of at-risk species. Thanks to organizations like the Nature Conseryancy of Canada, Pelee lsland now has over zo.t" of its land conserved. Through a joint ecosystem-based Ch oth q m - Kent G reenÍ ni g PartnershÍ p Author: Ra nda I I Va n Wa gner, Lower Thames \âlley Conservation Authority June of zooT was a n important date for environmentalists and landowners within the Municipality of Chatham-Kent. Council members voted rooo¿ to approve a proposal for a Chatham-Kent "Greening Partnership". This unique partnership involves the Lower Thames Valley Conservation Authority, Stewardship Kent, St. Clair Region Conservation Authority and the Municipality of Chatham-Ken to promote tree planting and restoration activities in the heart ofthe Carolinian Zone. The partners have their work cut out. The area has very little remaining natural tree cover, and the Emerald Ash Borer beetle has destroyed much of what remains. To help forest recovery, municipal woodlots will undergo management plans. ln addition, the Canadian Food lnspection Agency's compensat¡on funds from the removal of ash trees will be spent on trees for the region. Other funds, set aside from the ch ipping of ash trees from the Emerald Ash Borer Cut Zone, will also be spent on reforestation. Two positions were created for program administration, landowner assistance, workshop fac¡litation and fundraising. While landowner assistance is the main focus, the Greening Partnership is also going to be growing their own tree seedlings in a Municipalgreenhouse. During zoo7, local tree seed was collected and stratified. This spring, we successfully grew over ro,ooo seedlings including Shumard Oak, American Sycamore, and Kentucky Coffee tree. With assistance from Community Living residents, local school groups and Communities in Bloom volunteers, the program is setting higher goals for next year. Trees produced from this program will be used for community projects. populations are concentrated in Point Pelee National Park and Pelee lsland. A l¡ttle bird with a lot of 'personality', their unique song consists of a strange assortment of whistles, cackles, mews, chuckles, raftles, gu¡gles, and pops. Though perhaps never very common here, the Yellow-breasted Chat prefers habitats where clearings have become overgrown with scrub and thickets. These successional habitats are disappearing as they get cleared for farming or development and as they become overgrown because offire suppression. A full report of our surveys w¡ll be soon published so the information will help conservation organizations make informed decisions for the Chat and other breeding birds on Pelee. Whether visitingfor the spring or fall migration or looking for breeding birds and other wildlife, Pelee lsland has a myriad of wonderful natural areas to explore. For mo,rg informatíon about the Pelee lslond Bird Obseruotory or migratory songbirds, pleose contirct us ot info@pibo.ca or visit www.pibo.co. Yellow Breasted Chat initiative with the Township of Pelee, and with funding through the Ontario Ministry of Natural Resources Species at Risk Fund, in zoo8 the Bird Observatory launched a corhprehensive project to search for at-risk bird species in these protected areas. We had several exciting finds during the study, including the discovery of several Yellow-breasted Chat territories. The Yellow-breasted Chat, a large secretive warbler that spends much of its time skulking in shrubby brush, is a Species of Concern in Canada. Remaining eastern Since the partnership's inception: . We received grants of Slo,ooo from the Evergreen Foundation and a grant ofgz,5oo from the TD Friends ofthe Environment Foundation for a restoration project on Lower Thames Valley Conservation Area land. Continued on page to I = o = É Growoing over 1o,ooo seedlìngs from local seed sources For more information call 5t9-433-7o77 or look us up on the web at www.carolinian.org 9 Special Edition Newsletter dated Winter 2009 from Carolinian... Page 25 of 169 @ Risk By Laura Mousseau, Natu re Conservancy of Canada hummingbirds must use their head to push back the iris' petals in order to forehead. A recent bioblitz conducted on pelee lsland re-confirmed a population of this rare iris. Natural Heritage centre and Ministry of the Environment staff volunteering for the bioblitz discovered the population whìch is canada's largest known at this poinL NCC will include management details for this species in loìg-term stewardship planning for Pelee lsland, including on-going monitoring of this population' The Dwarf Lake lris is another rare iris found on some of NCC's protected areas on the Northern Bruce Peninsula and Manitoulln lsland' lt is a globally rare species restricted to the coast ofthe Great Lakes and is both a federal and provincial species at risk. you can hetp NCC protect and monoge rare species like the Lamance tris by donation to ontarío's stewardship Endowment fund. To f nd out how please call Marnie Wellwood at t-8oo-465-ooz9, extension 263 or email ontar¡o@natureconseuancy'ca' Chathom-Kent Greenìng Partnershìp Continued from page 9 . Over 6o,ooo treeswere planted in Chatham-Kentthis past spring' through such programs as the Emerald Ash Borer Response Program (EABRP) and the Trees Ontario Foundation. . Over 19 landowner's participated in the EABRP (Emerald Ash Borer Response Program) which resulted in over 5o acres of land restored within the Municipality of Chatham-Kent, including Auto Liv Manufacturing in Tilbury, which hand planted over 25oo seedlings on Earth Day. . Over 4ooo seedlings were planted in the Rondeau Bay Watershed' FallzooT has seen several wetland projects excavated through Stewardship Kent in partnership with the LTVCA providing the tree port¡on of the project. Landowners can learn more about the Greening Partnership by contacting Randall Van Wagnar, E nvi ron m e nta I P roj ect Coo r d i n ato r, at LT7 @mdi recLneL Volunteers Find Rare lris on Pelee Island How well do you know your irises? Would you recognize a rore iris from o common iris if you saw it! To find out how not to miss it, read about this incredîble discovery. ithin Canada, the critically imperilled Lamance lris is found onfz in Ontorio. Known by many names including the Zigzag lris or Ë E = -9 Leafy Blue Flag, this native iris is considered endangered in two states in the U.S., tnd r.rt. in many others. The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) lists the Lamance lris as a high piiority candidate for assessment as a species at risk' TheLamancelriscangrowz5to andhasabeautifuì blue, lavender or white flower yellow patches on the sepals. The stem ofthe iris i in shape, being the origin of one of its common na lossy leaves' The Lamance lr od Plains ecozone of Canada and prefers moi also grow in swamps, prairies and meadows. m May to June and attract bumblebees and other pollinators such as hummingbirds. Bumblebees easily transfer pollen as they collect nectar from the iris while gain access to the nectar. Pollen is then transferred on a hummingbird's c = Seedlings in the Rondeau Bay Watershed = É Hand planting seedlings on Eorth Døy 1o Carolinian Canada Coalition Collaborating for a Healthy Ecoregion in Southwestern Ontario Special Edition Newsletter dated Winter 2009 from Carolinian... Page 26 of 169 BRII{GIIIG I{ATURE HOME Review By: Lorralne Johnson I can just imagine the marketing meeting at Timber Press when it I came time to discuss the subtitle for Douglas Tallamy's amazing book, Bringing Nature Home. An accurate subtitle would have been something like "Plant Suburbia with lnsect-Friendly Native Species." But I suspect that the publisher was allergic to any mention of the word "insects"; the subtitle is the cozier sounding "How Native Plants Sustain Wildlife in Our Gardens." I'm all in favour of minor misrepresentation if it means that more people will read this important book. And it's not really misrepresentation anyway--as Tallamy argues (passionately, exhaustively, convincingly), wildlife is sustained by the all-important herbivores--the insects--at the lowest levels of the food chain, and if we want wildlife, we need to plant species that feed i n sects. lnsects are a hard sell, particularly for gardeners. We may be willing to allow some larvae to nibble away on plant leaves, but only if they turn into butterflies. Tallamy, however, encourages us to take a broader view: "a large percentage of the world's fauna depends entirely on insects to access the energy stored in plants." lnsects eat the plants and then become food themselves for creatures higher up the food chain. As Tallamy puts it, "l cannot overemphasize how important insect herbivores are to the health of all terrestrial ecosystems." Another possible subtitle for this book would have been something líke "Why Alien Plants Just Don't Cut lt." This is where Tallamy has made his most majorcontribution in a book chockfullof majorcontributions. With simple, clear logic, he shows the fallacy of the argument that non-native plants contribute to biodivers¡ty, an argument that any native plant proponent has probably heard numerous times. The problem Tallamy points out is that a numeric accounting (saying, for example, that the 5,ooo non-native plant species currently inhabiting the natural areas of North America increase biodiversity) doesn't take into account these plants' lack of any functional contribution to the ecosystem. Focusing on the food-for-insects angle, for example, Tallamy shows that the non- native additions to our flora do virtually nothing in terms of providing food for native insects. He cautions that few researchers are compiling the data, but his summary of the research to date is compelling--for species after species, he enumerates the few native insects that feed on non-native plants (which he calls "alien" throughout), and compares it with the dozens or hundreds that feed on these same plants in their home range. The implication is clear: most insect herbivores can only eat plants with which they share an evolutionary history. There's another side to this that will gladden the heart of any native plant proponent who has been enmeshed in endless arguhents about what constitutes a native plant. Many have been challenged with the question, "if a plant has been here for hundreds of years and has naturalized in the wild, why shouldn't it be considered native?" Tallamy has a refreshing (and refreshingty simple) take on this: "When'native' and 'alien'are defined in terms ofthe presence or absence of historical evolutionary relationships, the confusion over these concepts disappears." Thus, a plant is native when it has evolved to interact with the whole complex system, when it contributes to this functioning web of relationships. ln other words, sure European buckthorn (Rhamnus cathartica) berries feed the birds, but this non-native (and invasive) plant does little in the way of supporting insects, which most birds depend on for protein and fat. Like most alien plants, the non-native buckthorn has yet to evolve into ecosystem usefulness in its new home, to become "native" in any meaningful sense. Despite the potentially depressing nature of Tallamy's message, the book is strangely hopeful. Yes, the landscapes of North America have been transformed to the point that few places could be considered "wild." But suburban ecosystems offer a huge opportunity, and likewise an important role, for gardeners. lf native plants are being decimated in the wild, if non-native plants now form a large component of our "wild" flora, then we can and should plant natives in our gardens because we "can no longer rely on natural areas alone to provide food and shelter for biodiversity." This is one of those life-changing books that has the power and persuasiveness and scientific credibility to transform our actions and our landscapes. Highly recommended. Lorraine Johnson is the editor of the recently published collection of essays The Natural Treosures of Carolinian Canada. Article originolly published in the Blozing Star, the newsletter of the North American Notive Plant Society BRINGING NATU RE ó E a Swallowtail on a Dense Blazingstar For more information call 519-433-7077 or look us up on the web at www.carolinian.org 11 Special Edition Newsletter dated Winter 2009 from Carolinian... Page 27 of 169 cAROLtNtAN WOODLAND / ECOSYSTEM RECOVERY UPDATE # 3 WHAT'S HAPPENING IN OUR BIODIVERSITY HOTSPOTS? Friday, June St 2oo9 Ball's Falls Centre for Conservation Vineland, Ontario loìn communîty teams from BiodÍversity Hotspots across Carolinion Canada to discuss: . RecoverY successes, lessons learned in Carolinian Canada . Linking local plans to a zgne-wide effort for species at Risk . Highlights of pilot Conservation Action Planning (CAP) results . Habitat Restoration Guidelines . Social Marketing and Monitoring tools for Carolinian Species and Ecosystems at Risk . Welcome new CAP teams from Niagara and Hamilton hotspots This workshop is for everyone with an interest in protecting species at risk in their community. our teams ¡nctuie municipaíities, First Notions, conservation authorities, tree plonters, stewordship councils, consultants, noturolist groups, lond trusts, universities, community groups' green industry and more. GET INFORMATION _ GET NETWORKED _ GET INVOLVED IN RECOVERYSUCCESS TOGETHER, WE CAN GREEN THE FUTURE OF SPECIES AT R/SK /N SOUTHWESTERN ONIAR/O Stay tuned to Carolinian Canada Eco-News for details - subscribe vio enews@carolinion.org i BECOME A MEMBER Name: Group: Address:Postal Code: E-maii:Phone: Membership: E Slo Student tr gzo lndividual/FamilY E g5o Organization Charitable Donation: Double your Membership & show that Conservation Matters! 5 Book Order: Natural Treosures of Carolinian Canada (S¡¿.SS) #- 5 TOTAL S Online Donation: We now accept web doñations via wwwCanadaHelps.org Make cheques payable to: Carolinian Canada Coalition rorT Western Rd., London, ON N6G tG5 Spread the conservation message. Provide Garolinian Canada News to your office, group or community. Request bulk copies from office@carolinian'org' Carolinian Canada Coalition 4þ. 25th Anniversary Events CCC AGM: Water is Life hosted by Conservøtion Ontario Ancaster I MaY 8, zoog Guest sPeoker, Field Tri P, Conse rvatio n Awa rds, El ecti o n s * Board Nominations now being accepted * CCC Forum: Saving Our Coastal Zone Cooperative StewardshiP along Canada's Southern Shores Point Pelee National Park I October zoog Concurrent Sessions, Field Trips, Workshops in partnershiP wÌth Parks Canada Where Conservation Meets in Southwestern Ontario Buitd Capacity , Make Connections' lnspire Action Watch for Details in our free monthly CCC Eco-News 12 Carolinian Canada Goalition Collaborating for a Heatthy Ecoregion in Southwestern Ontario Special Edition Newsletter dated Winter 2009 from Carolinian... Page 28 of 169 CORPORATION OF THE MTJNICIPALITY OF BAYTIAM STAFF REPORT TO:Mayor & Members of Council Date: April2,2009 File: DR2009-001FROM: Drainage Superintendent SUBJECT: Bartley Drain Assessment Schedule Purpose: This report is to present to Council a request to obtain an updated assessment schedule for the Bartley Municipal Drain Background: Mr. Abraham Peters has an application for severance of lands situated on Lot 7, Concession 8 in the Municipality of Bayham. An overview map of the area is included for reference. This parcel of land is in the watershed of the Bartley Municipal Drain. One of the conditions of severance requested by staff is to have the maintenance schedule of the Bartley Municipal Drain updated to reflect the property changes in this area for fair assessment of any future drain maintenance costs. There are number of new dwellings built along Eden Line in the last few years in this area and Mr. Peters was the primary property owner of these lands. The completion of Mr. Peter's severance would add another five residential building lots to this area. None of these existing lots or proposed new lots are in the Bartley Drain's maintenance schedule. Section 76(1) of the Drainage Act states the council of any local municipality liable for contribution to a drainage works in connection with which conditions have changed or circumstances have arisen such as to justiff a variation of the assessment for maintenance and repair of the drainage works may appoint an Engineer for such putpose and procure and adopt such report. Staff Comments: Mr. Peters has been notified of this condition for severance and has agreed to pay the Engineers cost to have a new assessment schedule prepared by an Engineer. Strategic Plan Goal: Goal.#2: Ensure reliable, well maintained and secure infrastructure. Staff Report DR2009-001 regarding Bartley Drain Assessment S... Page 29 of 169 Staff Report DR2009-00 I April2,2009 Recommendations: THAT Council of the Municipality of Bayham retains the services of Spriet Associates to prepare a new assessment schedule for the Bartley Municipal Drain. AND THAT Staff Report DR2009-001 be received. Respectfully submitted, >-r-t L Drainage Superintendent Staff Report DR2009-001 regarding Bartley Drain Assessment S... Page 30 of 169 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: March 26,2009 FROM: Gerry LeMay, Manager Public Works FILE: âÒ ? SUBJECT: Mail Box By-Law NUMBER: PW 2009-01 Purpose This By-Law is to present recommendations from the Manager of Public 'Works regarding the standardization of mailboxes on roadways within the Municipality of BaÈam. Background Council has discussed a desire to ensure that the Municipality does not replace mail boxes which are of a greater value than the Municipality deems appropriate. The proposed basis of the Mail Box By- law is to ensure we have a standard system for mailboxes within the Municipality and if vandals damage a mailbox the Municipality is not responsible for the replacement of these mailboxes. This By-Law outlines what the standard mailbox and post should consist of and therefore we are not responsible for replacing ornate mailboxes or giving money to individuals to pay for what the Municipality would normally pay to replace a mailbox. Staff Comments The Manager of Public Works indicates a preference to ensure that a standard is set for mailboxes which allows for safety on the roads for motorists as well as what is done in the event a mailbox is struck during the winter clearing operation. Under the Strategic Priorities Goal #2 (Ensure reliable, well maintained and secure infrastructure) subsection 3 we have meet this parameter of the priorities with this By-Law ensure a standard system for the Municipal roadways. Attachments l. Mail Box By-Law Strategic Plan Goal(s) 1. Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT By-Law No. 2009-044 to regulate the erection, construction and maintenance of mailboxes on the Municipal roadways be presented to Council for enactment. Respectfully submitted, Gerry LeMay, Manager Public Works Staff Report PW2009-01 regarding Mail Box By-Law. File: A0... Page 31 of 169 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2009-044 A BY-LAW TO REGULATE THE ERECTION, CONSTRUCTION AND USE OF MAILBOXES ALONG MUNICIPAL ROADWAYS WITHIN THE MUNICIPALITY OF BAYHAM WHEREAS Section 1l of the Municipal Act,200l, s.o.2001, c.25 as amendedprovides that a lower tier municipalþ may p¿¡ss by-laws respecting Highways, including parking and traffrc on highways; AND WIIEREAS the council of the corporation of the Municipalþ of Bayham deems is necessary and expedient to regulate the erection, construction and use ofmailboxes along municipal roads. NOW THEREFORE TIIE COUNCIL OF'THE CORPORATION OF THE MI]NICIPALITY OF BAYIIAM HEREBY ENACTS AS X'OLLOWS; Section 1- Title and Scope l. Short Title This By-Law may be cited as The Municipality of Bayham Mail Box ByJaw Section II - Definitions 2. The following terms for the purposes of this By-Law have the meaning as stated below: (Ð "Municipality of Bayham" means the Council for the Municipality of Bayham (iÐ "Erect" means to construct, place, locate, fabricate or alter the cha¡acteristics of a mail delivery deposit box along the roadway (iiD "Maintain" means to permit a mailbox or mail delivery structure to continue or to be refurbished (iv) "Road Authority" means the Municipality of Bayham (v) "Mailbox" includes any receptacle used for the delivery or mail or other like forms of paper communication (vi) "Ol,*,ner" includes the holder of a leasehold interest or a tenant in possession of the adjoining property Section III- Administration 3. (1) A person seeking to erect a mailbox shall submit an application in writing to the Municipality of Bayham together with: (Ð A sketch of the mailbox to be erected showing: (a) The dimensions and height of the mailbox; (b) The location of the post suppofing the mailbox in relation to the center line ofthe road; (c) Any pertinent or unusual characteristics of the mailbox; (d) The dimensions of the post upon which the mailbox is to be affrxed. Staff Report PW2009-01 regarding Mail Box By-Law. File: A0... Page 32 of 169 (iD A description of the properly for which the mailbox is intended to serve including Lot and Concession, and approximate distance to a well defined permanent location or populated area. (2) The Public Works Manager or his designatB will approve the erection, replacement or remodeling of a mailbox and may impose conditions for compliance with this By-Law (3) The Road Authority is hereby permitted to: (i) Give notice in writing to any person who fails to comply with the provisions ifthis By-Law and requires such person to remove or alter the.location or construction of a mailbox within thirty (30) days; (iÐ Dismantle and remove any mailbox at the owner's expense that is not brought into conformity with a notice for relocation or alteration. Section IV - Permitted Location/Construction 4. (i) Only standard wooden posts a¡e to be used, along Municipal roadways to support individual rural mailboxes. These posts shall have a six inch (6") 150 mm top diameter maximum. Such posts shall be erected at the rounding of the shoulder area so that the opening to the mailbox is at *re outside edge of the shoulder. (ii)Erection of Mailboxes shall conform with the following Canada Post requirements: A rural mailbox shall be: (a) Located along the right hand side of the road according to the courier's line of travel, in a position where the courier can reach and service it from his/her vehicle without being an impediment to pedestrian or vehicular traffrc (b) Erected so that: (Ð The box is securely attached to a fixed post or cantilever afm (iÐ The bottom of the mailbox is 3.5 feet ( I meter) above the shoulder surface elevation. (iiÐ The front of the mailbox shall be a minimum 42" (105 cm) from the travelled portion ofthe roadway. Section V- Notice/Action Regarding non Conformity 5. (l) The Municipality of Bayham shall notifi residents, along Municipal roadways, who have mailboxes supported in a manner which the Municipality of Bayham consider a safety hazard, in order to have the supports replaced. (2) The Municipality of Bayham shall require the owner of the mailbox to install a new substitute post support using posts as described in Section IV (i) above. (3) Replacement posts shall be erected in accordance with the requirements as set forth in the By-Law Section VI - Restoration of Damaged Units 6. (1) In the event ofrepairs or replacement ofmailbox supports and/or mailboxes damaged or destroyed by Municipal snowplowing operations, the Municipality of Bayham Public Works Department will repair or replace the post and mailbox only if the plow actually strikes the mailbox and/or post. If however the weight of the snow damages the box and post the Municipality will not be held responsible for the replacement. Staff Report PW2009-01 regarding Mail Box By-Law. File: A0... Page 33 of 169 Ø In the event of damage to a box or support post no replacement will be made by the Municipality if the owner had been previously advised of a structure too close to the road or an exotic construction that does not conform with the specihed requirements of this By-Law Section VII - Effective Date 7- (l) The regulations and conditions contained in this By-Law shall become effective upon the day ofthe passing thereof. READ A X'IRST, SECOND A¡ID THIRD TIME AND F'INALLY PASSED THIS 2ND DAY OF APRTL,2009. MAYOR CLERI( Staff Report PW2009-01 regarding Mail Box By-Law. File: A0... Page 34 of 169 CORPORATION OF THE MTINICIPALITY OF'BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: March 26,2009 FROM: Gerry LeMay, Manager Public Works FILE: flo f SUBJECT: Half Loads By-Law NUMBER: PW 2009-02 Purpose This by-law is to present recommendation from the Manager of Public Works regarding the half load requirement on roadways within the Municipality of Bayham. Background The Municipality has had in place a practice and signage to implement half loads during the spring season. In order to clearly establish a Council policy it is suggested a by-law regarding standard time frames for half load season and aby-law be implemented. The proposed schedule is: - Half loads will be initiated on the first day of March each year - These half loads will be no longer legal after the 30th of April each year. Council would pass this By-Law once instead of continually bringing this back year after year therefore allowing the date of March 1 and April 30 to be our half loads. The Strategic Priorities this particular by-law would fulfill would againbe Goal #2 (A well maintained infrastructure) subsection 3 allowing for some preventative maintenance. Staff Comments The Manager of Public Works indicates a preference to ensure that vehicles which are overweight are not allowed on the roadways during this particularly delicate time of the year when a great deal of damage is done to roadways which in the end cost the Municipality agreat deal of money. Attachments 1. Half Loads By-Law Strategic Plan Goal(s) 1. Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT By-law No. 2009-0 45, to designate half loads restrictions on roads within the boundaries of the Municipality of Bayham be presented to Council for enactment. Respectfully submitted, Public Works Staff Report PW2009-02 regarding Half Loads By-Law. File: ... Page 35 of 169 TIIE CORPORATION OF' THE MUNICIPALITY OF' BAYIIAM BY-LAW NO. 2009-045 A BY-LAW TO DESIGNATE IIALF LOAD RESTRICTIONS ON ROADS \ilITHIN TIIE BOUNDARIES OF THE MUNICIPALITY OF BAYIIAM \ryHEREAS Subsection (7) of Section 122 of the Highway Traffic Act, R.S.O. 1990, Chapter H8, as amended provides that the Municipality or other authority having jurisdiction over a highway may by byJaw designate the date on which a reduced load period shall start or end and the highway or portion thereofunder its jurisdiction to which the designation applies: AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to provide for a reduced load period for the protection of certain highways in the Municipality of Bayham. NOW, THEREFORE, TrrE COUNCTL OF TrrE CORPORATTON OF THE MUNICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: 1 . TIIAT the provisions of Subsections 1,2,3 and 4, of Sectio¡ 722 of the Highway Traffic Act, R.S.O. 1990, Chapter H8, as amended, apply to roads within the boundaries of the Municipality of Bayham during the period from the I't day of March to the 30th day of April inclusive, in each and every year. 2. TIIAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME ÄND FINALLY PASSED THIS 2ND DAY OFAPRIL,2OO9. MAYOR CLERI( Staff Report PW2009-02 regarding Half Loads By-Law. File: ... Page 36 of 169 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Gerry LeMay, Manager Public Works DATE: March 26,2009 FILE: r' ) -ì Purpose This Policy is to present recommendations from the Manager of Public Works regarding the Winter Control Season on roadways within the Municipality of Bayham. Background The Municipality has had in place a practice regarding the means and methods of to ensure that the Municipality has a standard in which the winter season is handled within the Municipality. The proposed basis of the'Winter Control Policy is to ensure we have a standard method of measuring our means of clearing the roads in order to allow the Municipality defense and showing due diligence. This Policy outlines what the standard Winter Control system consists of and therefore the Municipality shows we are extremely aware of the responsibility placed on the Municipality to ensure roads are safe during the winter months. The V/inter Control Policy mirrors the Minimum Maintenance Standards as set out by the Province of Ontario. Staff Comments The Manager of Public Works indicates a preference to ensure that a Winter Control Policy ensures a standard which is evident in the Strategic Priorities under Goal #2 (Ensure reliable, well maintained and secure infrastructure) subsection 3 under the roads section of the strategic plan. Attachments 1. Winter Control Policy Strategic Plan Goal(s) 1. Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT By-law No. 2009-0 47 , to adopt a winter control policy be presented to Council for enactment. Works Respectfully submitted, Staff Report PW2009-03 regarding Winter Control Policy. Fil... Page 37 of 169 THE CORPORATION OT'THE MUNICIPALITY OF BAYHAM BY-LA\il NO.2009-047 A BY-LAW TO ESTABLISH A POLICY FORWINTER CONTROL \MI{EREAS Section l1 oftheMunicipal Act,2001,S.O.2001, c.25 as amendedprovidesthatalowertier municipality may pass byJaws respecting Highways, including parking and traffrc on highways; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems is necessary and expedient to adopt a policy for winter control to ensure vehicular and pedestrian safety. NOW THEREF'ORE THE COT]NCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS F'OLLOWS; 1. THAT the Council of The Corporation of the Municipality of Bayham hereby establishes a policy to be known as the "Policy for Winter Control" as set out in Schedule "4" attached hereto and forming part of this by-law. 2. THAT this ByJaw shall come into fulI force and effect on the date of its passage. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED TIIIS 2ND DAY OF APRTL,2009. MAYOR CLERK Staff Report PW2009-03 regarding Winter Control Policy. Fil... Page 38 of 169 Winter Control Policv - Municipalitv of Bavham Mission Statement The Municipality of Bayham will place the vehicular and pedestrian safety paramount in their efforts to fulfrll their duties in regards to winter control. Purpose The Winter Control Policy will mirror that of the " Minimum Maintenance Standards for Municipal Highways" as outlined in the Municipal Act Responsibility The responsibility of the Public Works Department is to provide snow clearing, and snow removal (in specified areas) for the Municipalities infrastructure of 300 kilometers of roadways. Snow and ice operations may be conducted on a24-hour basis, 7 days a week. The Public Works Department shall attempt to experiment with differing systems to constantly improve their service and shall keep the Municipality of Bayham abreast of any experiments, which are underway. Experiments shall be done in order to stay abreast of changes to the Salt Management Plan and shall also be done in selected areas where little or no accidents may occur. We at the Municipality of Bayham will use the information from other municipalities in order to ensure that we are minimizing the risk. On Street Parking Parking in the Municipality of Bayham is regulated by By-Law 2001-111 1) The Public'Works Department has placed signs through out the municipality advising of the parking restrictions as well as placing reminder notices on vehicles which continue to park illegally on the roadways thereby interfering with the snow plowing operations. Staff Report PW2009-03 regarding Winter Control Policy. Fil... Page 39 of 169 glinter ControfcPofiq left on the roadwa Parking Lots Parking lots are presently privately plowed by contractors. By-Laws The Municipality of Bayham will rely heavily on the Highway TraffÏc Act as the basis of many of the By-Laws, which are to be adopted. Many municipalities have adopted their by-laws from the Highway Traff,rc Act. - Highway Traffic Act Section 181 - prohibits citizens from placing snow on the roadways or plowing snow across the roadways as this may result in accidents which the Municipality has little or no control unless this Section of the Highway Traff,rc Act is used Property I)amage During the course of operations through any given winter, a certain amount of damage may occur to Municipal and private property. In the event that sod is damaged the Municipality may or may not reinstate the area and if reinstatement is to be done it will be done with topsoil and seed when it is generally practical (generally in April). If the homeowner has items encroaching on Municipal property the Municipality will advise, at their earliest convenience, that these items must have an encroachment agreement or have the item removed from the right of way. In the event the item is damaged the Municipality is not responsible for the reinstatement of the damaged item. If you have advised and the resident continues to leave the item on municipal property the citizenmay be responsible for any repairs to municipal equipment or damage to persons due to the encroachment. Mail boxes shall conform to a Mail Box By-Law Number 2009-044 as may be amended. Wooden stakes may be used to mark property or other items but by no means will concrete pillars or a structure that will cause damage to motorists be allowed. 2) The Public Works Department will advise the By-Law Officer of and thereby allowing the By-Law Officer to ticket the offender. Staff Report PW2009-03 regarding Winter Control Policy. Fil... Page 40 of 169 'Winter C ontro I cPo [ícJ Driveway Entrance Clearing edthatSnowwi1lbep1owedintodrivewaySaSanoÛnalpartof roadway clearing operations. Owners of properties in which the driveway services will be responsible for removal of snow deposited in those entrance. These properties are not allowed to deposit snow onto the municipal roadways and may be charged for such actions. Assistance to Private Property Under no circumstances will a municipal employee be allowed to use a municipal piece of equipment to push, pull or tow a stranded private vehicle from a roadway or parking lot. The employee, if ahazard exists, shall use the two way radio to notifu dispatch of the impending danger. The only times a municipal employee shall clean a private driveway if in the opinion of the foreman or manager more snow was placed in the driveway than in any other driveways and it is unfair to have this resident clear more than their fair share of snow. Roadway Servicing Treatment Guidelines As outlined in the Municipal Act the Municipality of Bayham shall clear roads in accordance to the Municipal Act. That is to say Class I shall be cleared within the specified time period as outlined by the Municipal Act and the remainder of the classifications of roadways shall be cleared down to Class 5 which shall be last to be cleared. Class 5 roadways are generally subdivision roadways or roadways with little trafhc. Snow Removal Operations Snow removal shall be done in Port Burwell, Vienna and Straffordville when the banks of the snow become a visibility obstruction for both vehicular and pedestrian traffic. Snow removal shall not be done for favors. Departure from Procedure The Municipality of Bayham recognizes that conditions may be so unusual or unexpected that a departure from the general procedures should be authorized. Therefore when conditions warrant the Public Works Department to do so the Chief Administrative Officer or Manager of Public Works may order a departure from the general rules. Staff Report PW2009-03 regarding Winter Control Policy. Fil... Page 41 of 169 'l,linter C o ntro I cPo [ícJ No Duty or Right Created The purpose of this Procedure is to establish goals for The Municipality of Bayham employees regarding snow and ice control. It is not to be construed to create any duty to any individual, person or entity. This Procedure does not provide any special protection or service to any particular individual or group. No additional rights shall be granted to any individual or entity simply by adoption and enforcement of this Procedure. This procedure may be in effect in total or part, as a result of acts of God, strikes, equipment breakdowns, weather conditions, inadequacy of equipment, provincial or federal regulations, shortage of personnel, and any other unforeseen, uncontrolled or anticipated act. Sidewalk Presently sidewalk clearing is done under contract. Staff Report PW2009-03 regarding Winter Control Policy. Fil... Page 42 of 169 1) 2) 3) 4) Qu s tio trs / Ç e nera [ fu t qt o ns e I live on Smith St (subdivision street) and I need to get out now. When can I expect the plows to clean my road? A) Itfre can sympathize wíth your sítuation Madam/Sir but under the Municipal Act the municipality ís obligated to clear the streets with the highest speed limits and most trffic beþre they start on subdívision streets. The crews will be there at their earlíest convenience. Well I want out now and I don't really care about Municipal Act. A) We would clear the street but I ask you to think about something in the event there were an accident on a Class I road and the attorneys found out we were clearing a Class 5 road before a Class I road we would loose our court case. Why do you not have all the men come out a one time and plow all the streets then everything would be done. A) r.Inder Minístry of Labor laws a person is allowed to drive for only thirteen (13) hours then they must have at least eight (B) hours of rest. Also under the regulations a driver may not exceed 70 hours of work in a week so this becomes a logistic concern to get everyone working and not going over the allotted timeframe. I have plowed snow across the roads for years why now are they telling me that I can not do this. A) (Inder the Highway Trffic Act Section I8I no one is permitted to plow snow from their drìveway or theír personal property onto a roadway. The reason being rf the municipality has cleaned the road and a motorist comes along the road and hits the snow left on the road an accident may occur. Staff Report PW2009-03 regarding Winter Control Policy. Fil... Page 43 of 169 Page 44 of 169 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of council DATE: March 26,2009 FROM: Gerry LeMay,Manager Public V/orks FILE: SUBJECT: Cost Recovery By-Law NUMBER: PW 2009-04 Purpose This By-Law is to present recommendations from the Manager of Public V/orks regarding Cost Recovery for damages done to Municipal owned property on roadways within the Municipality of Bayham. Background Council has discussed a desire to ensure those found guilty of damaging Municipal property are charged and the costs are recovered by the Municipality. The proposed basis of recovery is under Section 258 of the Insurance Act, which gives Municipalities the right to recover the costs the Municipality must expend in repairing or replacing the damaged Municipal property. A procedure of writing letters to the guilty party to address this situation is included for Council's perusal. Staff Comments The Manager of Public Works indicates a preference to ensure that a Cost Recovery By-Law allows the Municipality the ability to recover the monies it would normally have spent repairing damaged property and therefore keeping Municipal property to the standards expected while saving the taxpayers money on a repair which was of no fault to the Municipality or the taxpayer. This would fulfrll the Strategic Priorities requirements under Goal #2 (Ensure reliable, well maintained and secure infrastructure) subsection 3. . Attachments 1. Cost Recovery By-Law 2. Standard letters of Communications Strategic Plan Goal(s) 1. Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT By-law No. 2009-0 46, to regulate the repairs and payments for repairs to municipal property within the Municipality of Bayham along municipal roadways when damaged by an individual be presented to Council for enactment. Gerrl, LeMaY, Manager Public Works Staff Report PW2009-04 regarding Cost Recovery By-Law. File... Page 45 of 169 THE CORPORATION OF THE MUNICIPALITY OX' BAYHAM BY-LAW NO. 2009-046 A BY-LAW TO REGULATE THE REPAIRS AND PAYMENTS FOR REPAIRS TO MUNICIPAL PROPERTY WITHIN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ALONG THE MUNICIPAL ROADWAYS WHEN DAMAGED BY AN INDIYIDUAL. WHEREAS Section 1l of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems is necessary and expedient to provide for the recovery of costs for repairs to municipal property along roadways when damaged by individuals. NOW THEREF'ORE THE COT]NCIL OF THE CORPORATION OF'THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS X'OLLO\ilS; Section 1- Title and Scope l. Short Title This By-Law may be cited as The Municipality of Bayham Cost Recovery By- Law Section II - Dehnitions 2. The following terms for the purposes of this By-Law have the meaning as stated below: (Ð "Municipality of Bayham" means the Council for the Municipality of Bayham (ii) "Erect" means to construct, place, locate, fabricate or alter the characteristics ofan sign or municipal property along the roadway (iiÐ "Maintain" means to permit a sign or structure to continue or to be refrrbished within the Municipality of Bayham (iv) "Road Authority" means the Municipality of Bayham (v) "Accident" includes any damage done to municipal property either intentional or not (vi) "Owner" includes the holder ofa leasehold interest or a tenant in possession of the adjoining propely Section III- Administration 3. 1. A person who has damaged municipal properfy shall report this to the Municipality of Bayham and shall be responsible for repairs or cost of repairs 3. 2. T\e Public Works Manager or his designate will approve the erection, replacement or remodeling of the damage done to municipal properties and may contact outside sources in order to expedite the repairs. 3. 3. The Road Authority is hereby permitted to: (Ð Dismantle and remove the damage done to municipal property as to eliminate any further damage done to either innocent pedestrians or motorists. Staff Report PW2009-04 regarding Cost Recovery By-Law. File... Page 46 of 169 (iÐ Advise the Police of the damage or if the municipal forces come upon the accident they are to call the Police to advise ofthe accident (iii) Municipal forces will attend the Police dispatch at a later date to obtain the Motor Vehicle Accident Report and upon receipt of the report a letter will be written to the owner of the vehicle or item which has caused the damage. (iv) Give notice in writing to the person who is either found guilty of the damage or has the means by which the damage was caused and the person or persons are thereby held responsible for the cost to bring the municipal property to standards as required by the Municipal Act (v) The notice shall include an estimated cost of repairs and a date which the owner or owners shall advise the Municipality of Bayham which option they wish to use , either pay for the damage themselves or have the municipality file through the insurance companies Section IV - Permitted Location/Construction 4. (i) Only qualified individuals or contractors shall be permitted to repair or replace the damaged items in order to allow the Municipality of Bayham to ensure that the Municipal Act is being followed and to the Municipalities knowledge all items are in good working order and no danger exists. (ii) At times it may take a longer than normal timeframe in order to repair damages to municipal property and this shall be permitted as a specialized contractor may be required to fix certain infrastructure of the municipality. Section V - Restoration of Damaged Units 5. (1) Only qualified individuals or individuals hired by the Municipality may repair municipal property to conform with the wishes of the Municipal Act (2) Council has the right to waive the fee for damage to municipal property as well as Council has the right to collect fees for damage done to municipal property as outlined under Section 258 of the Inswance Act. Section VI - Effective Date 6. (1) The regulations and conditions contained in this By-Law shall become effective upon the day ofthe passing thereof. READ A X'IRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2ND DAY OF APRTL, 2009. MAYOR CLERK Staff Report PW2009-04 regarding Cost Recovery By-Law. File... Page 47 of 169 Po.hùr t@%44PhnkRøadå grffird'üe,Ontaria lW l1ru Tt':Çt9)ffi552t . Fæç:(519) {665884 email: bafram@bayham, oh, €â February 4,2009 Straffordville, Ontario NOJ lYO DearMr" In reference to the accident of January 16,2009 where your vehicle damaged the guide rail on the north west section of the bridge on Plank Rd. The municipality has the right, under Section 258 of the Insurance Act and the Municipal Ac! to recover the cost for labor and material when municipal property is damaged by someone's vehicle. The estimate forrepairs to the guide rail is approximately $ 2,000 which you maypay yourself or if we do not hear ûom you by February 20,2009 we will invoice your insurance company citing incident number LP urd accident number If you wish to contact me my phone number is 519-866-5521 and advise of your method of payment. Yours truly: Manager of Public Works Municþality ofBayham Staff Report PW2009-04 regarding Cost Recovery By-Law. File... Page 48 of 169 P.O. Box 160,9344 Plank Road, Straffordville, Ontario NOJ 1Y0 Tel: (519) 866552t . Fax: (5I9) 8663884 email : b ayham@b ayham. on. c a February 20,2009 ¿ 90 Eghnton StW Toronto, Ontario M4R 284 Re: Policy# Police Incident # Dear Si¡ or Madam: On or about January 16,2009 your client's automobile struck and damaged guide rails belonging to the Municþality of Bayham. In order to comply with the Municipal Act the municþalityhas repaired these guide rails to eliminate any damage that may occur to pedestrians or motorists caused by the damaged guide rails. A letter was written to you client on February 4,2009 advising that he had until February 20, 2009 to advise the municþality if he wished to pay the damages himself or if we received no answer by the aforementioned date the invoice would be forwarded to the insurance company. Since we.have received no indication as to Mr., :r intent we are now forwarding our invoice in the amount of $ l, 853.30 to your attenuon forpayment to the Municþality ofBayham. Ifyou have any questions please do not hesitate to contact the undersigned. Sincerely: Manager of Public'Works Staff Report PW2009-04 regarding Cost Recovery By-Law. File... Page 49 of 169 Page 50 of 169 lnvoice Payee Number Cheque Cheque Amount Number 000009 843002 oNTAR|O tNC 11050987 HAULING GRAVEL OOO199 COCA.COLA BOTTLING LTD 35993111 PREMTX 03t1612009 I 490.08 006182 Cheque Amount - 490.08 0212312009 I 102.63 006183 Cheque Amount - '102.63 001329 DAVIDSON GENERAL REPAIR 114',136 REpAtR EXHAUST o3t2ot2oo9 I 531.62 006184 Cheque Amount - 531.62 OOO25O DEL-BAC SALES LIMITED 197699 SUppLtES o2to6t2oo9 I 278.91 006185 2008.08.19 6.3 9050 OOI110 DOUGANDERSON 6062 6086 000001 DPoC 015 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0312612009 0312612009 10:404M Cheque Amount - 278.91 EYE GLASSES - D. ANDERSON O3/I112009 I 275,00 006186 EYE GI-ASSES - PRESTON ANDER 03/18/2009 I 201.95 006186 Cheque Amount - 476.95 POSTAGE 0312612009 I 1,050.00 006187 Cheque Amount - 1,050.00 OOO272 DYNAMIC FLUID PRODUCTS INC l-88218-0 BORE ROD o3t19t2oo9 I 94.03 006188 l-88249-0 cRtMps, HosES 03t19t2009 I 162.16 006188 Cheque Amount - 256.19 000284 ED ROLOSON expenses / training WATER WORKS TRAINING 03l23l2\Og I 576.62 006189 Cheque Amount - 576.62 OOO322 EVANS UTILITY 0000132906 LTNER CAPS, BOTTOM CAPS 03/06/2009 I 126.56 006190 Cheque Amount - 126.56 001366 FAMILY FUNTIME PUBLISHING w-2009-232 L|ST|NGS & BANNER ADS O3t17t2oj9 I 156.37 00619.l Cheque Amount - '156.37 OOO357 G& K SERVICES CANADA INC '1518385835 SHOP TOWELS, FLOOR MATS 03t19t2009 I 219.42 006192 Cheque Amount - 219.42 OOO427 HYDRO ONE NETWORKS INC Mar25390-07266 UTILITIES - VTENNA STL O3t17t2OOg I s4S.3B 006193 Page 1 Cheque Register being Cheques #6182 to Cheque #6211 inclusiv... Page 51 of 169 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2008.08.19 6.3 9050 Ma125390-55002 Mar50221-05009 Mar62396-22001 Ma162790-07266 MarB1590-07297 Mar87790-07295 OOO572 MANULIFE FINANCIAL 10058888'l 1 00589001 MUNICIÞALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0312612009 0312612009 10:404M UTILITIES - PB STL HWY 19 UTILITIES - SEWER PLANT UTILITIES. STRAF STL UTILITIES . RICHMOND STL UTILITIES - EDEN STL UTILITIES - CORINTH STL APRIL REMIT APRIL REMIT 0311712009 0311712009 0311712009 0311712009 0311712009 03t17t2009 1 ,612.60 006193 5,483.39 006193 1 ,0't 1 .48 006193 180.39 006193 485.75 006193 177 .98 006193 Cheque Amount -9,496.97 5,080.38 006194 3,748.65 006194 0311312009 03113t2009 OO,I498 MARY & JAKE NEUFELD reimburse CREDIT ON WATER ACCT 000610 MINISTER OF FINANCE Cheque Amount - 0311912009 I 8,829.03 134.91 006'195 Cheque Amount -134.51 75.00 006196lícence renew OOO6I8 MUNICIPAL FINANCE OFFICERS '09 renewal 2OO9 MEMBERSHIP 000633 NATURAL RESOURCE GAS LIMITED LICENCE RENEWAL - E ROLOSON O3I23I2OO9 I Cheque Amount - 03/05/2009 I 75.00 277.83 006197 March E12378-0'l Ma¡chE14212-01 March E22380-01 Ma¡chE242O0-01 March E45407-0'l March E45409-0'l March E45410-01 March E51600-01 March F19290-01 March F20600-01 March F26864-01 March G06210-01 March G06305-01 March G06307-01 March G15700-01 March G40407-01 000637 NEVILLE PROPANE UTILITIES - FIREHALL UTILITIES - MED BLDG UTILITIES - PUMP#5 UTILITIES - S.C.C. UTILITIES - OFFICE UTILITIES -PUMP#2 UTILITIES - LIBRARY UTILITIES - GARAGE UTILITIES - EDISON MUSEUM UTILITIES. V.C.C. UTILITIES - PUMP#6 UTILITIES - PORT BUR LIBRARY UTILITIES - MARINE MUSEUM UTILITIES - PORT BUR FIREHALL UTILITIES. OPP OFFICE UTILITIES - PB GARAGE Cheque Amount -277.83 936.27 006198 302.00 006198 17 .14 006198 867.3r 006198 468.1 1 006198 13.73 006198 99.65 006198 1 ,902.00 006198 276.34 006198 43.82 006198 15.46 006198 155.53 006198 425.88 006198 639.88 006198 12.08 006198 542.13 006198 03/1 9/2009 03/1 9/2009 03/1 9/2009 0311912009 0311912009 o311912009 03t19t2009 0311912009 0312012009 03t20t2009 03t20t2009 0312012009 0312012009 03t20t2009 03120t2009 0312012009 I I I I I I I I I I I I I I I I Cheque Amount -6,717.33 Page Cheque Register being Cheques #6182 to Cheque #6211 inclusiv... Page 52 of 169 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payablet Royal Bank Cheque Register - 0312612009 0312612009 10:404M PROPANE 02t24t2009 I 21.00 006199 Cheque Amount - 21.00 000662 oNTARTO ASSOCTATTON OF conference 2009 OAFC CONFERENCE 0312312009 I 525.00 006200 Cheque Amount - 525.00 000675 owwA registration WATERWORKS CONFERENCE 0312612009 I 645.75 006201 Cheque Amount - 645.75 OOO71O PORT BURWELL HOME HARDWARE 6648 MEMO BOARDS 02t20t2009 I 11.05 006202 67'13 CAMERA BATTERY, BATTERIES O3I25I2OO9 I 12.42 006202 Cheque Amount - 23.47 000718 PRTNCESSAUTO 425322 P|PE WRENCH, HOSES, GLOVES 03t16t2009 I 34.43 006203 Cheque Amount - 34.43 000660 RELIANCE HOME COMFOR Mar0055148374214837 WATER HEATER RENTAL 03/16/2009 I 31.99 006204 GhequeAmou t- 31.99 OOO829 SPECTRUM COMMUNICATIONS LTD 0000004422 oVERCALLS & HOL|DAY FEE 03t15t2009 I 32.21 006205 0000004784 ANSWERTNG SERVTCE 03t15t2009 I 84.70 006205 Cheque Amount - 116.9'1 OOO841 STATE CHEMICAL LTD 94097471 HAND SANTIZER 02t27t2009 I 249.73 006206 Cheque Amount - 249.73 001482 SUN MEDIA CORPORATION x11210499 ROAD ALLOWANCE CLOSTNG 03t11t2009 I 183.08 006207 Cheque Amount - 183.08 OOO889 TILLONCAFLAGS & FLAGPOLES LTD 1094423 FLAGS 03/19/2009 I 671.32 006208 Cheque Amount - 671.32 OOO913 TOWNSHIP OF MALAHIDE 09-57 INFO TECHNOLOGY - JAN/FEB 03t1'U2009 I 575.93 006209 09-58 INFO TECHNOLOGY - MARCH O3t',t1t2009 I 258.30 006209 Cheque Amount - 834.23 OOO935 UNION GAS LIMITED Ma¡273-2106196-9754 UTILITIES - E.C.C. 0311212009 I 895.42 006210 89 Page 3 Cheque Register being Cheques #6182 to Cheque #6211 inclusiv... Page 53 of 169 2008.08.19 6.3 90s0 MUNICIPALITY OF BAYHAM 0312612009 l0:404M Accounts Payable Royal Bank Cheque Register - 0312612009 lnvoÌce Payee :Number lñvoice Gheque Cheque Date Type Amount Number Mar2732106243-0725 UTILITIES - PUMP#1 0st12t2009 I 17.85 006210 000966 WEBER'S WELDING & MFG 13271 STEEL Gheque Amount - 913.27 03t2512009 I 35.27 006211 Cheque Amount - 35.27 Cheque Run Total - 34,081.87 Page 4 Cheque Register being Cheques #6182 to Cheque #6211 inclusiv... Page 54 of 169 PAYRODAILY ADP CANADALL TECHNOLOGIESUPDATE REPORTCOIIPANY TOTALS RUN: Î{AR 24 2OO9 N0: APAGE: I667EORII I'IUNICIPALITY OF BAYHAH TOT PACKETS - 2 CURRENT 7 ,999.55 GST CO].IPANY DEBIT DATE OF YTD ADJUST REG: I00057415 PAGE: 3 DATE: ì{AR 25, PAY: llAR 27 , YTD TOTAL 6? ,6L5.90 I2 ,365.58 51,086.50 6,695.99 Lr?,763.77 243,633.36 550.00 243,943.36 RT0004 2009 2009 ADJUST-DR ADJ UST - CR CURRENT TOTAL 7 ,999.55 L ,632.05 4 , t02.74 887.07 L4,62L.4t 32,309 .04 50.00 52 ,559 . 04 46,9AO.45 115.88 5.79 47,LO?.L? ANALYSIS OF SERVICE CHARGES FÊDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT I.IB HET NL HAPSET TOT STATS CHEQUES DEPOS ITS US DEPS DED DEPS TOT NPAY RRSP RTI I ,652.05 4,LOz.74 4a7.07 14 , 62L .4L 32,509.04 50.00 32,359.04 46,9A0.45 105.88 5.79 47,092.L2 FEÐL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT I'IB HET NL IIAPSET TOT STATS CHEQU E S DEP OS I TS US DEPS DED DEPS TOT NPAY RRSP RTI I TEì{UNITS SALARIED IIORKPAYS ?0 PAY ADVICE FOLD 29 TOTAL S,/C SUBJECT TO GST IS: TOTAL PAYROLL DEBIT IS CHARGE ITEI'I 50.40 HoURLY IIoRKPAYS 5.80 COURIER FEE CHARGE ITEI.I UNITS 15.68 PAYROLL RUNS I IO.OO TAX FORH COURIER FEB 10 356,747 .t3 TOT PAYRoL I , I8I .44 SERV CHRG 59.08 GST PST 357,947.65 GRAND TOT CHARGE 46.O9 10.00 TOT PAYROL SERV CHRG GST PST GRAND TOT RUN ÐATE HAR 18 2009 I0,00 10.00 UNITS 9 t THE ABOVE ANALYSIS I TÊt'I TAX FORI.I COURIER FEB 115.E8 47,LOz.L? DEBIT INFORilATI0N: 003 05102 I0tI925 INCLUDES UNCOLLECTED FEES FOR THESE PREVIOUSLY PROVIDED SERVICES,/ITEHS CHARGE RUN DATE ITEH t0.00 UNITS UNITS CHARGE Cheque Register being Cheques #6182 to Cheque #6211 inclusiv... Page 55 of 169 Page 56 of 169 CORPORATION OF THE MUNICIPALITY STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Municipal Assistance Program 2009 OF BAYHAM Purpose This report is to present the Municipal Assistance Applications for 2009. Background The Municipalþ has had a Municipal Assistance Program in place for a number of years, to provide a process for financial or other assistance to various community groups. The annual application deadline is the end of February. Staff Comments Attached is a summary of the Municipal Assistance applications for 2008. There are significant requests for waivers, facility use, and staff support. Total defined grant requests exceed $14,000, and the 2009 budget includes S7,800 for grants under this program. Not included in the list are the International Plowing Match, which has requested support in the amount of $3,375, or the request for support of up to $300 from the group examining the retention of the current Vienna library building. There are a number of the applications that did not include all financial requirements, particularly 2009 budget estimates. Again a couple of groups have specihcally noted request for insurance. To clarifu however, the municipality cannot extend insurance coverage excepting where the group/event are under municipal control. Instead, grants to cover insurance costs would be more appropriate. Attachments 1. Municipal Assistance Applications - Summary 2009 Strateeic Plan Goal(s) Goal #6 - Provide and encourage attractive lifestyle choices Recommendation That Report F2009-19 be received for information and that Council direct areas of support for 2009. DATE: March 24,2009 FILE: NUMBER: F2009-19 Staff Report F2009-19 regarding Municipal Assistance Program... Page 57 of 169 Municipal Assistance Applications Summary - 2009 Mæch 2009 Community Comm To improve community relationshipvpride; improve appedece,, orsraroivtite; promon .utiå,p"lry; No sel Amounr watemelon fest Stafl Comn Cent¡e & grounds Aug 28/29; use ofcomh Centre pdking lot up to 4 timcs / year; use ofhal¡ 4 times; N€ ofmun sign; use ofmI oflice necting room once monthly; use of municipal photocopigr Watering, grounds prep, street l' Straft Comm. Ccntrc; park; Mun. Sign; Mun. Office meeting ¡oom; photocopier facilities WatermelonFest dùmpst€r, grounds cleming, w/r facilitics, addiÌional picnic tables SCC Ðd Pùk, garbage dumpster, raffic control for pdade, prcp ofpùk (c€ment pad), portablc w/r facilitið, picnic tables, SCC pdkiDglot for up to 4 orher events, placement ild removål of strect bmners, use ofMunicipal sign, ue ofMunicipal Office for monthl] meetings Fjrcfìghtcrs Assoo Lioness Club Sânta Claus Pdâde CoDn¡ince provide pdade Decreæc cxpenses dd incrcasc profit which is used to purchæe firê & rcscue S rclatcd e{uipment Misc Coñmunity suppo¡t Vicnn¿ Comm Ccnte (l cvmt Mù 28/09) StrafrConìn Centrc 2 elenis (May 2/09 fishfry plus one olhef cvent) Shafr. Comm Centre Dec l2 - yes -Vienna Comm Ccnfc -- yes - Sf Comm Cente ves - DaÉde sùDoorltrâffic' vcs.Str¿flcomû CenÍecontrol - I pcßons - VCC - I cvent fæ waiver Fees waivcd 2008 Salement ofRevenues & Expcnditures suppìied, no 2009 SCC use, Road Closurcs/suppot budget supplied yes - pârade insùmce, cquipmcnt, road closure,2 pick up rucks with lights for lraflic corÌt¡ol - I hour Requcsl 53,624 to bc dirccted toward Adult Basic Litcracy devoted to Bayharì & District Mult!Service Lioness Adult Ljtency, Conrmunity Counselling $3 624 Misc Comnunity support Vienna Comm Centre Den and Kitchen mo¡thly (3rd Mon, Sept to June l0 events) plus I cvent downstairs with p¡ior nigbts set up & 2 cvcnß both up & downstairs md prior nights set-up yes - Vienna Comm Centre Nit VCC b6cment dd kitchen monthly (10 êvents) plus 2 2-day events ed 2 llay events L'ons tlxh Misc Communiq support Vienna Comm Centre incl kitchen (21 medings Kitchen only¡ 3 cvcnts ùpstairs æd kilchenl 2 evcnts downstairsl possible olhcr fundraisen) yes - ViennaComm Ccntle VCC fee waiver for meetings and events Staff Report F2009-19 regarding Municipal Assistance Program... Page 58 of 169 Municipal Assistance Applications Summary - 2009 March 2009 Hislo¡ical Society Elgin Community Assistance Progm Cupboad) Stù County Plowmen's Assoc ids Help Phone Club Sfrafrordville/Bayhm Valley Chamber of Commeræ Presewation of history, Acquire ¿rtifacts relatiDg to Bâyhm To offsct rcnt paymcnts Misc Community suppof To ðsisr wirh 2009 County plowi¡g Match - advertising, priæ money, gencrâ.I expenditures Assist children & youth in crisis $500 requestcd to æsist with funding to provide counse¡lors Misc Commùnity Support To ðsist with summer student wagc S vcs - use ofMunicioål oflìce;___-.., Filecabind,filefoldeE,cnlclopes,usclor mon¡n¡v mêdlnas storâsê in Edison Museum" ' - ofphotocopic¡ aDd supplics ycs - Vienna Conlm Centre No 2009 budget suppliêd 2008 monthly incomc & expense statemcnl Muscum' fjle supplied s' suppli€s' use Vie¡na Comm Centrc l0 me€tings plus 2-3 lundråising evenls Straf Comm Centre plus kitchen 2 cvents (l dance, I st aid) 2007/2008 Expcnse Statement provided st,500 2008 lncome & Expense Vjcnna Comm Ccntrc l0 medings plus 2-3 Statcmcnt supplied fundraising ev€nts -- ycs - SMÍI Comn Ccnfre (2) supplicd 2008 Revenue & Expenset8l Lene¡ only - no application form No 2009 budget supplied 2008 -- incomc & cxpense Statene¡t Statcmcnt 2008 Revenue & Expense Sratement 2009 Budget Prcjection md 2008 Rclenue & Expense StaleDrent provided 2009 BudgetPrcjection P¡ovided Curent Evenl Budgct suppljed N/A Straff. Comm Cenlrê plus kitchen 2 events (1 dance. lstaid) Valley Char¡ber of Commerce Buryell Community Cltildcare Cente Burwell Historicâl Sociely Port BuNell - Bayhm Hoñicùltural Society To ðsist with paymeilt ofcDtcrtainers for Tub Dæe Pu¡ch6e supplies/shelvcs Cmada Day Pùade Community Beautifi cation s,000 1,40s New shelv€s for the prcschool & toddler rooms To assist with thc cost æsociated in conducting a pmdc, along with food, yes - beach ûrca ctc advenising, equipment renlâl & supplies ycs - Stråfl Comm Cenùe Nil Net $600 Nil ycs Yes StBffComm CentE (l event Apr r8/09) BuruellLêgion-PB 8r524 SÊR\¡E Pdents Association Lukes Anglicân Church Guild Misc Community Support Halloween Dmce to fundraise for school prcjrcts Penny SaleÆuneral Luncheons Prop€fry td excmption 2009 Fee waive¡ for H¿lloween Dmce Viema Comm Cefifre b6cment (2 penny sal€s æd funeral luncheons æ needed); VCC Pdk for 2 events Yes - Amistice PaBde No Pùade Requestt 2008 Profit Tu Exemption¡ Sftet closurê/mffic & Loss Ståtement providèd 2008 Finmciâl Summary for Pdade Fee Baivcr for Dance- Yes Str Comm Cente yes - V¡cnna ComD Ccntre & pdk 6 needed No 2009 budg€t supplied 2008 Viennâ Comm Ccntrc Fee Waivcr (2 penny Income & ExpeDsc Statemcnt sales and fúerål lunch€ons æ needed): supplied VCC dd park for2 ev€nts Staff Report F2009-19 regarding Municipal Assistance Program... Page 59 of 169 Page 60 of 169 MUNICIPALITY OF BAYHAM MEMORANDUM DATE: MARCH 26,2009 TO: Council FROM: Lynda Millard, Clerk RE: EstablishmentofCenotaphCommittee NUMBERI C2009-04 Background Bayham has two cenotaphs dedicated to the memory of those who have participated and given their lives in the fight for freedom, one in Port Burwell and the other in Vienna. For a number of years now, Council has been appointing volunteers to the Bayham Cenotaph Committee. However, the Committee has had no mandate or organized structure to guide them in their efforts. In order to assist the volunteers with the task of ensuring that these structures are preserved and provided adequate maintenance, a draft By-law and Terms of Reference have been prepared for Council's review and support. Attachment: ByJaw 2009-040 & Terms of Reference Strategic PIan Goal(s): #3 Create a positive business atmosphere #4 Be dedicated to service excellence Recommendation: "TIIAT By-law 2009-040, being a by-law to establish the Bayham Cenotaph Committee, be presented to Council for enactment." Respectfully submitted Staff Memorandum C2009-04 regarding Establishment of Cenotap... Page 61 of 169 1. THE CORPORATION OFTIIE MUNICIPALITY OF' BAYHAM BY-LAW NO. 2009-040 A BY-LAW TO ESTABLISH THE BAYIIAM CENOTAPH COMMITTEE WHEREAS Section 11(2) of the Municþal Act, 2001, S.O. 2007, c.25 as amended provides that a lower tier municipality may p¿rss byJaws respecting Culture, Parks, Recreation and Heritage Services AND WHEREAS the Council of the Corporation of the Municipality of Bayham desires to promote, expand and enhance the culture, parks, recreãtion and heritage program within the municþality, and to implement a Cenotaph Committee structure in support of these goals. AND WIIEREAS the Council considers it expedient to establish a committee whose responsibility shall be to develop programs and projects for such purposes. T}IETIEFOIìE TIIE COUNCIL OF THE CORPORATION OF THE MI]NICIPALITY OF BAYIIÁ.M ENACTS AS F'OLLOWS : TIIAT the Council of The Corporation of the Municþality of Bayham hereby establishes a committee to be known as the Bayham Cenotaph Committee whose terms of reference are set out in Schedule "4" attached hereto and forming part of this by-law. THAT the said Committee shall be considered as a Committee of Council and all members of the committee shall be appointed by Council as set out in the Terms of Reference. THAT the said Committee shall operate in accordance with the said Terms of Reference which are hereby adopted. THAT this ByJaw establishing the Bayham Cenotaph Committee ¿rs set out in said Schedule "A" attached shall come into fuIl force and effect upon passage. AND TIIAT any ByJaw establishing a cenotaph committee adopted by the Township of Bayham or the Villages of Port Burwell or Vienna be a¡rd the same are hereby repealed; READ A FIRST AND SECOND TIME this 2"d dlay of April2009. READ A THIRD TIME AND FINALLY PASSED this 2nd day of April2009. 3. MAYOR CLERK Staff Memorandum C2009-04 regarding Establishment of Cenotap... Page 62 of 169 BAYHAM CENOTAPH COMMITTEE Terms of Reference ESTABLISHMENT Established by the Council of the Corporation of the Municþality of Bayham by By-law No.2009-040 enacted and passed by Council on NAME OF'COMMITTEE The Committee will be known aslhe "Bayham Cenotøph Committee". MANDATE This Committee will be responsible to provide advice, assistance, and recommendations to Bayham Council in the area of Cenotaph maintenance and repairs for the preservation of the Bayham cenotaph structures in Port Burwell and Vienna. Included in this mandate is support relative to local veteran recognition opportunities. This group will focus on preservation and maintenance of the cenotaph structures through the municipal budget. OBJECTIVES The Committee will concentrate on cenotaph structure preservation and enhance local support for local veteran recognition and acknowledgement. MEMBERSIIIP / TERMS OF OFFICE Appointments to the Committee will be made by the Council of the Municipality of Bayham. The Committee shall have the following membership configuration: . The Mayor or altemate member of Council . Three to six individuals from the Bayham community representing interest in preservation of the cenotaphs and veteran recognition. For the year 2009, all members will serve for a term to expire December 37,2009 and thereafter, appointrnents shall be for a three year term. A Secretary will be appointed from the membership by the Committee to prepare agendas, and keep minutes of meetings. The Municþality will appoint a staff support person as necessary. Appointment of Chair / Vice Chair At the first meeting in each calendar year, the Committee will select a Chairmain. A Vice Chairman will be appointed as needed to assume the role of the Chairman in his/her absence. Vacancies All voting members will remain in office until their respective successors are appointed by Council. In the event of a vacancy, either as a result of a resignation or expiration of the terrn of office, the Committee will recruit replacement members and recommend appointrnents to Council. Staff Memorandum C2009-04 regarding Establishment of Cenotap... Page 63 of 169 PROCEEDINGS 1. Frequencv of Meetings Meetings will be held a minimum of semi-annually, at a time and place convenient to the mernbers or as otherwise directed or re-scheduled by the Chairman. 2. Ouorum A quorum will consist of not less than half plus one of the total number of appointed voting mønbers. If there is no quorum within twenty minutes of the scheduled time for the meeting, the Chairman will re-schedule the meeting date. Members are urged to call the Secretary in advance of a scheduled meeting and advise of any regrets. 3. Votine Each mernber shall exercise one vote only. A majority vote of the members present will be used to reach a decision on matters before the Committee. 4. Reportins To CouncillBudsets and Expenditures Minutes of Committee meetings will be circulated to Council in a timely manner. The Chairman or designate will attend Council meetings as required to provide updates on activities. Annually the Committee shall: . submit a proposed budget to Council for consideration for the following fiscal year; o present an action plan for the forthcoming year and report on current year activities. All expenditures must be within Council approved current budget guidelines. The Municipal policy on procurement shall apply for all expenditures. Staff Memorandum C2009-04 regarding Establishment of Cenotap... Page 64 of 169 AI T Mothcrs Against Drunk DrÍving- Lês nrères ctntr+ falcool âu volant- Dea r Prospective Advertiser, On behalf of the Board of Directors, Members and Volunteers of MADD Canada, I would like to thank you for your interest in The MADD Message Yearbook. The generosity of community-minded people like you makes it possible for MADD Canada to pursue its much-needed programs including victim supporl services, educational programs, youth programs and public awareness programs. By placíng an adveftisement, you will be helping us ¡n our mission fo sfop impaired driving and to support victims of thís violent crime, The magazine will enable us to spread our life-saving messages even further and bring in additional revenues for our programs. Every day in Canada, on average 4 people are killed and another 200 people are injured as a result of alcohol and drug-related crashes. You can help make all the difference in our efforts to save lives, Thank you once again for your interest and support. Sincerely, Dawn Regan Director of Public Awareness & Partnership Gampaigns MADD Ganada Charitable Registration No. 13907 2060 RR0001 Correspondence received March 30, 2009 from MADD Canada rega... Page 65 of 169 Page 66 of 169 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Administrator SUBJECT: Grow Your Own NP Funding/FHT Transfer DATE: March 31,2009 FILE: Fl l.GYONP NUMBER: C2009-03 Purpose To revise directions regarding the GYONP program and recommend completion of an agreement with the East Elgin Family Health Team for the provision of placement services for a Nurse Practitioner. Background At its March 5, 2009 meeting, Council considered report C2009-02 regarding the GYONP program, and arrangements with the EEFHT. At that time, information was that the Ministry of Health would not allow the GYONP agreement to be assigned, however the emplol'rnent arrangements should be with the FTH. That report therefore reconìmended an agreement with the EEFHT to retain the Nurse Practitioner, and the municipality would in tum transfer funding received under the GYONP program for that service. The agreement was drafted by legal counsel for the EEFHT based on discussions with the Province. Subsequent discussions between the FHT and the Ministry however, has identified that the entire GYONP program must remain with the Municipality as the sponsoring agency. The Municipality must continue to retain the Nurse Practitioner as its employee, in order to comply with the program requirements. Therefore, an updated employment contract must be completed with the nurse practitioner. Also, in order to continue to have the Nurse Practitioner managed by and co-coordinated with the EEFHT, legal counsel has drafted a placement services agreement. Staff Comments As mentioned, in order to bring the Municipality back into compliance with the GYONP funding agreement, the nurse practitioner must be retained as a municipal employee. The attached employment agreement mirrors the agreement that has been in place between the NP and the EEFHT for the past 3 months. Staff have also reviewed the attached agreement for placement services with the EEFHT and suggest it is appropriate for placement and supervision for the NP position, and allows the FHT to coordinate with its health services. It is the intent of the parties that the NP services to be provided will remain as currently in place. Attachments 1. Draft By-law No. 2009-050, to authorize the execution of an Employment Agreement between the Municipality of Bayham and Kristal Pitter. 2. Draft By-law No. 2009-051, to authorize execution of an agreement with the East Elgin Family Health Team regarding the regarding work placement for a Nurse Practitioner. Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 67 of 169 Recommendation: THAT ByJaw No. 2009-050, being a byJaw to authorize the execution of an Employment Agreement between the Municipality of Bayham and Kristal Pitter be presented to Council for enactment. AND THAT By-law No. 2009-051, being a by-law to authorize execution of an agreement with East Elgin Family Health Team regarding work placement for a Nurse Practitioner be presented to Council for enactment. Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 68 of 169 CORPORATION OF THE MUNICIPALITY OF BAYTIAM BY-LAWNO.2009-050 BEING A BY-LA\il TO AUTHORIZE TIIE EXECUTION OF A¡[ EMPLOYMENT AGREEMENT BETWEEN TIIE MUNICIPALITY AND KRISTAL PITTER \ryHEREAS the Municipality of Bayham has entered into an Agreement with the Ministry of Health and Long-Term Care under the "Grow Your Own NP Initiative" for funding support for the position of Nurse Practitioner; AND \üHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an Employment agreement with Ms. Kristal Pitter, for the position of Nurse Practitioner for the Municipalþ of Bayham; NOW THEREX'ORE THE COT]¡ICIL OF THE CORPORÄTION OF THE MUNICIPALITY OF BAYIIAMENACTS AS tr'OLLOWS: l. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part of this by-law between Kristal Pitter a¡ld the Municipality of Bayham. 2. THAT this by-law shall come into full force and effect upon hnal passing. READ A FIRST, SECOND AND THIRD TIME AND T'INALLY PASSED THIS 2ND DAY oF APRIL,2009. MAYOR CLERK Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 69 of 169 l- THE CORPORATION OF THE MUNICIPÄLITY OF BAYTIAM BY-LAW NO.2009-05r ABY-LAW TO AUTHORIZE TIJE EXECUTION OFAN AGREEMENT BET\ilEEN THE MUNICIPALITY OF' BAYHAM AND EAST ELGIN FAMILY HEALTH TEAM AND TO REPEAL BY-LAWNO.2OO9-026 WHEREAS the Municipality entered into a Grow Your Own Nurse Practitioner Agreement with Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care (the "Ministry') dated September l,2006 (the "GYONP Agreement"); AND \UHEREAS the Municipality has employed a nurse practitioner under the GYONP Agreement; AND WHEREAS the Municipality is the sponsoring organizalion under the GYONP Agreement and receive the funding from the Ministry for the Nurse Practitioner; AND WHEREAS the Municipality seeks a work placement for the Nurse Practitioner and the East Elgin Family Health Team is willing to provide the placement; NOW THERET'ORE THE COUNCIL OF'THE CORPORATION OF'THE MT]NICIPALITY OF BAYIIAM ENACTS AS X'OLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement atüached hereto as Schedule "4" and forming part of this byJaw between East Elgin Family Health Team and the Municipality of Bayham regarding work placement for a Nurse Practitioner. 2. TIIAT ByJaw No. 2009-026, enacted March 5, 2009 being a byJaw to authorize an agreement with the East Elgin Family Health Team, be and the same is hereby repealed. 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2ND DAY OF APRrL,2009. MA,YOR CLERK Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 70 of 169 a THIS AGREEMENT made as of the - day of ,2009' BET\ilEEN: TIIE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM (hereinafter called the*Municipality") -AND - EAST ELGIN F'AMILY IIEALTH TEAM a corporation incorporated under the laws ofthe Province ofOntario (hereinafter called the "FHTt') WHEREAS the Municipality entered into a Grow Your Own Nurse Practitioner Agreement with Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care (the "Ministry") dated September l,2006 (the "GYONP Agreement"); AND WHEREAS the Municipality is the sponsoring organization under the GYONP Agreement and receives funding from the Ministry for the nurse practitioner; AND \ryHEREAS Kristal Pitter has been employed by the Municipality as a nurse practitioner (the "Nurse Practitioner") under the GYONP Agreement; AND \ryHEREAS the Municipality seeks a work placement for the Nurse Practitioner and the FHT is willing to provide the placement on t}re terms and conditions herein; NO\ry THEREFORE THIS AGREEMENT WITNESSETH that for good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties covenant a¡d agree as follows: 1. Placement (a) The FHT aglees to provide a work placement for the Ntrse Practitioner as of the date first written above for the Term of this Agreement or until its earlier termination (the "Placement"). (b) It is agreed that when providing services through the Placement under this Agreement, the Nurse Practitioner shall at all times remain an employee of the Municipality. At no time shall there be an employment or any other direct contractual relationship between the Nurse Practitioner and the FHT. (c) The FHT shall determine, in its sole discretion, the mannet in which the Nurse Practitioner shall be used by the FHT under this Placement, provided that such use is within the scope of the Nurse Practitioner's professional qualifications, and in accordance with the mandate and obligations set out in the Grow Your Own Agreement, and all applicable federal, provincial and local statutes, rules, regulations and professional requirements. The Nurse Practitioner shall be accountable to the FHT for services rendered through the Placement under this Agreement. (d) Subject to the understanding that the Nurse Practitioner, as an employee of the Municipality, will at all times continue to comply with applicable policies of the Municipality, the Nurse Practitioner shall also be subject to and comply with the policies, procedures, guidelines, rules and regulations of the FHT while rendering services through the Placement under this Agreement. (e) The FHT shall provide input into performance reviews of the Nurse Practitioner, if so requested by the Municipality. If during the course of this Agreement, the FHT becomes aware of actions or omissions relevant to the employment of the Nurse Practitioner, the FHT shall promptly notif, the Municipality and provide reasonable particulars of such occuÍence. Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 71 of 169 --t- Municipality Obli gations (a) As employer of the Nurse Practitioner, during the course of this Agreement the Municipality shall continue to be responsible for the following: (Ð the payment of wages, employment insurance, worker's compensation, tax and pension deductions, vacation pay and all other matters arising out of the normal relationship of employer/employee, with respect to the employment of the Nurse Practitioner; (iD the Worþlace Safety and Insurance Boa¡d (V/SIB) fees and the reporting obligations of the WSIB; (iiÐ (iv) (v) formally reviewing the performance of the Nurse Practitioner and addressing any performance concems identified by the Municipality or the FHT; re-assigning the Nurse Practitioner at the request ofthe FHT; and/or terminating the employment of the Nurse Practitioner with the Municipality. (b) The Municipalþ shall notiff the FHT as soon as possible of any situation which affects the Placement of the Nurse Practitioner under this Agreement that the Municipality discovers or of which it becomes aware. Operational Funding (a) The Municipality shall flow in full to the FHT the funding received by the Municipality from the Ministry for the operating costs related to the Nurse Practitioner under the GYONP Agreement as more particularly described in Appendix A (the "X'unding") which remain unexpended after salary, benefit, and overhead expenses are incuned by the Municipality. (b) The Municipality shall promptly on receipt of the Funding from the Ministry transfer the Funding to the FHT. Term (a) This Agreement shall be effective as of April 2,2009 until October l, 2009 unless terminated earlier in accordance with section 2(b). (b) This Agreement shall terminate immediately on the date upon which the Nurse Practitioner ceases employment with the Municipality due to the Nurse Practitioner tendering her resignation to the Municipality or being terminated by the Municipality. (c) The termination of this Agreement shall not affect the liability of the Municipality for amounts due or accruing due to the FHT under this Agreement at the date of termination. Liability for Nurse Practitioner (a) The Municipality shall be solely responsible for any and all losses, payments, damages, claims, penalties, liabilities or expenses (including reasonable legal fees and disbursements) (hereinafter "Losses") resulting from any liability, claim or cause of action of any kind relating to the actions or inactions of the Nurse Practitioner. In the event ofany liability, claim or cause ofaction ofany kind against the FHT, its dfuectors, officers, employees or contractors, arising out of any action or inaction (or alleged action or inaction) of the Nurse Practitioner, the Municipality shall indemnifr the FHT, its directors, ofhcers, employees or contractors, from and against any Losses incuned by them. (b) The Municipality shall indemniff and hold harmless the FHT from and against any and all Losses incurred by the FHT arising out of, or resulting from or relating to any action by the Municipalþ relating to termination, sala¡y continuation, indemnity, notice pay or severance pay or benefits payable by reason of termination of services of any Nurse Practitioner with the Municipality or termination of the Placement of the Nurse Practitioner with the FHT. 5. Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 72 of 169 4 The FHT shall not be responsible or liable for any ofthe obligations or liabilities ofthe Municipality under or in relation to the GYONP Agreement. This Agreement and the Appendix hereto constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understanding, collateral, oral, or otherwise. There are no other agreements among the parties in connection with the subject matter of this Agreement, except as specihcally set forth in this Agreement and the Appendix hereto. This Agreement shall not be amended or modified in any respect except by written instrument signed by the parties hereto. Neither party hereto may assign this Agreement or any part hereof without the prior written consent of the other party hereto. Subject to the foregoing, this Agreement shall enure to the benefit of and be binding upon the pafies and their respective heirs, executors, administrators, successors, legal representatives and permitted assigns. No delay or failure of any party in exercising any right or remedy hereunder and no partial exercise of any such right or remedy shall be deemed to constitute a waiver or such right or remedy or any other rights or remedies of such party hereunder. This Agreement and the rights, obligations and relations of the parties hereto shall be govemed by and construed in accordance with the laws of the Province of Ontario. This Agreement may be executed in counterparts each of which shall constitute an original and all of which taken together shall constitute one and the same instrument. IN WITNESS V/HEREOF the parties have duly executed this Agreement as of the date first written above. CORPORATION OF THE MTINICIPALITY OF BAYHAM Mayor Clerk EAST ELGIN FAMILY HEALTH TEAM (a) (b) (c) (d) (e) (Ð (e) UWe have authority to bind the corporation Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 73 of 169 5 APPENDIXA operational FLINDING Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 74 of 169 Ministry of Health Mínistère de la Santé and Long-Term Care et des Soins de longue durée ility e @ ontar¡o B0 Queen Street, 3rd Floor 80, rue eueen, A" étage Kingston ON K7K 6W7 Kingston ON K7K 6W7Tel: 613 650-5444 Té1. : 619 6s0-S444Fax 613 650-5440 Téléc: 619 6sO-S440 January 14,2008 Municipality of Bayham 9344 Plank Road Straffordville ON NOJ 1Y0 Attention: Margaret Underhill, Planning Coordinator-Deputy Clerk Dear Ms. Underhill: Re: Nurse Practitioner Funding Agreernent under the Grow Your Own Nurse Practitioner ("GYONP") tnitiative - Municipality of Bayham ("Organization") Elgi104 The Ministry entered into an agreement with the Organization dated September 1, 2006 to facilitate the education of a nurse practitioner (the'GYONP Agreement"), attached to this Agreement as Schedule "E". Pursuant to the GYONP Agreement, the M Practitioner entered into a Return of Servic attached to this Agreement as Schedule "F provide Seruices for the Organization for a a nurse practitioner. This letter sets out the terms and conditions governing the funds the Ministry shall provide to the Organization for the Nurse Practitioner's Se¡vices for the term of the ROS Agreement. Definitions 1. ln this Agreement, the following words shall have the following meanings: "Agreement" means this agreement between the Ministry and the Organization, all schedules attached to this Agreement and any instrument amending this Agreement. Elgt104 GYO PCNP Page 1 of 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 75 of 169 - Municipalitv of Bavham ' "Budget" means the budget attached as Schedule "8". i'CNO" means the College of Nurses of Ontario. "Collaborating Physician" means the physician with whom the Nurse Practitioner enters into an agreement pursuant to subsection 9(d). "Fiscal Period" means: (a) in the case of the first Fiscat Period, the period commencing Novembgr 1, 2007 andending on the first day that is March 31 following the date of this Agreement; and (b) in the case of Fiscal Periods subsequent to the first Fiscal Period, the period commencing on the date that is April 1 following the end of the previous Fiscal Period and ending the following March 31. "Funds" means the funds described in section 3. "Ministry" means the Ministry of Health and Long-Term Care" "Nurse Practitioner" means Kristal Pitter RN(EC). "Nurse Practitioner Records" means atl records and documents created by the - Nurse Practitioner in providing the Services. "Nursing Act" means the Nursing Act, 1991, S.O. 1991 , c. 32. "Organization" means the Municipality of Bayham. "Organization Records" means all records, invoices and other documents, created by or belonging to the Organization that relate to the Funds and the operation of the Program. "Program" means the program described in section 8 of this Agreement. "Resident" has the meaning ascribed to in the Health lnsurance Acli R.S.O, 1990, c. H.6. "Service Area" means in the Municipality of Bayham. "services" means primary health care services that the Nurse Practitioner is authorized by law to pedorm. Elsi704 GYO PCNP Page 2 of 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 76 of 169 2. This Agreement shall commence on November 1,2OOT and shall end on October 30, 2OOg unless terminated earlier pursuant to section 21,22 or 24 of this Agreement. The Funds 3. Subject to section 27, the Ministry shall, in each Fiscal Period provide to the s specified in the Budget fo "iJ:xii'$3J5H:ili.i approve a budget that shall be deemed: (a) to be the Budget in respect of the succeeding Fiscal Period to which it relates; (b) to replace the Budget for the prior Fiscal Period; and (c) to form Schedule "8" to this Agreement. 4. The Ministry shall make payments to the Organization in monthly instalments: (a) in the amount listed in the Budget; (b) by direct deposit into a bank account designated by the Organization; and (c) on the last business day of each month. 5. lf the Nurse Practitioner does not begin work on the first business day of the month, the Ministry shall prorate the iirst payment to reflect the time the Nurse Practitioner worked during the first month. 6. The Organization shall only use the Funds to operate the Program in accordance with thiı Agreement and shall expend the Fund.s only in accordance with the Budget. 7. The Organization shalt not move Funds from one Budget category to another without the prior written consent of the Ministry. Elgtl04 GYO PCI\TP Page 3 of 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 77 of 169 Municipalitllof Bavham The Program B. The Organization shall operate a Program for the provision of primary care serviceé that ensures that Residents óf tne Seruice Area, who are patients of the Organization, receive the Services of the Nurse Practitioner on a fulltime basis (where full-time is interpreted to mean a minímum of 35 hours per week, exclusive of absence due to vacation, sickness and other reasons for absence that are reasonabty deemed acceptable by the Organization), at times that are commensurate with the needs of the community in the Service Area. L ln operating the Program, the Organization shall: (a) engage the seruices of the Nurse Practitioner to provide the Seruices; (b) ensure that the Nurse Practitioner is, and continues to be for the duration of the Agreement, a member of the CNO who holds an extended ceñificate of registration under the Nursing Act; (c) ensure that the Nurse Practitioner maintains for the period during which the Nurse Practitioner provides Services, malpractice protection in the amount of not less than $5,000,000 on an occurrence basis; (d) ensure that the Nurse Practitioner enters into an agreement with a Cottaborating Physician for the period during which the Nurse Practitioner provides Serv¡ceó, for the purpor"r of, and to cover the matters outlined in, Schedule'.A"; (e) use its best effofts to ensure that the Nurse Practitioner: (i) only provides Services for the benefit of Residents; (¡¡) does not charge any Resident any fee for any Service; (¡i¡) meets the Nurse Practitioner's professional obligations as described in the Standards for'Consultationwith Physicians by RNECS, issued by the CNO; (¡v) provides all Seruices in compliance with allfederal, provincialand municipat laws and regulations, and any orders, rules and by-laws related to any aspect of the Seruices; (v) keeps and maintains all Nurse Practitioner Records in a manner consistent with generally accepted accounting principles or clerical practices, as the case may be; El5tl04 GYO PCNP Page 4 of 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 78 of 169 . Municipalitv of Bavham ' (v¡) maintains all Nurse Practitioner Records and keeps them available for review by the Organization and the Mínistry for a periodof . seven (7) yéars from the date of the termination or expiry of this Agreement; and (vii) maintains all Nurse Practitioner Records that contain personal information about the people to whom the Nurse Practitioner provides Seruices, in a confidential manner consistent with all applicable laws; (f) continue to contribute to the operation of the Program for the period during which this Agreement is in etfect, which contribution shall be satisfactory to the Ministry; (g) keep and maintain all Organization Records in a manner consistent with generally accepted accounting principtes or clerical practices, as the case may be; (h) maintain allOrganization Records and keep them available for review by the Ministry for a period of seven (7) yearsirom the date of the termination or expiry of this Agreement; (i) allow the Ministry, upon twenty-fou r Q$ hours' n I business hours, io enter upon the Oiganization's d copy any Organization's Records in the possessi of the Organization which relate to the Funds; and ü) acquire all equipment, supplies and services (other than Seruices) it purchases w¡th the Fundé ihrough a process that ensures the best value for funds expended. Additional Terms and Conditions 10. The Ministry shall be entitled, at any time, to impose such additional terms or conditions on the Organization that it considers appropriate for the proper expenditure and management of the Funds and the operation of the Program. lnspection and Audit 11. The Ministry's right of inspection in this Agreement inctudes the right to pedorm an audit of any kind including a review orêxamination of any aspect of the Program or the Seruices or any Organization Records. 12. To assist the Ministry to carry out its inspection under this Agreement, the Organization shall piovide añy other information to the Ministry reasonably requested by the Ministry. Elgilo4 GYo P.NP Page 5 of 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 79 of 169 . Municipalitv of Bavham ' 13, The purposes for which the Ministry may exercise its inspection and audit rights include:(a) determinÍng for what items and purposes the Organization is expending or has expended the Funds; and (b) determining whether the Organization is operating the Program effectively and in accordance with the terms of this Agreement. 14. Nothing in this Agreement shall require the Organization, except as othenruise permitted or required by law, to disclose any personal information, or any personal health information or records to the Ministry. 15. No right conferred upon the Ministry under the Agreement nor any provision of the Agreement shall be construed so as to give the Ministry any control whatsoever over the Organization Records ôr the Nurse Practitioner Records. Reports 16. The Organization shall submit to the Ministry the reports listed in Schedules "C" and "D", on the dates listed in Schedules "C" and "D", and such other repods as the Ministry may request from time to time. 17. The Organization shall ensure that all repods are in a foim satisfactory to the Ministry. lndemnification 18. The Organization shall indemnify and hold harmless the Ministry, its officers, employees and agents for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profít, by any person, entity or organization including the Organization, arising out of or in any way related to this Agreement. lnsurance 19. The Organization shall put into effect and maintain for the period during which the Agreement is in effect, at its own expense, allthe necessary insurance that would be considered appropriate for an organization operating a Program of this kind, íncluding: (a) Commercial General Liability lnsurance, to an inclusive limit of not less than Two Millíon Dollars ($2,000,000) per occurrence for propefty damage, bodily injury and personal injury, and including, at least, the following policy endorsements: Elgil04 GYO PCNP Page 6 of 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 80 of 169 . Múnicipality of Bavham ' (i) Her Majesty the Queen in right of Ontario as represented by the. Ministry of Ílealth and Long-Term Care, as an additional insured with respect to the operation of the Program provided and the provision of Seruices under this Agreement; (i¡) a cross-liability clause endorsement; (i¡i) a contractual liability endorsement; and (iv) a 30 day written notice of cancellation. 20. Upon request of the Ministry, the Organization shall provide the Ministry with proof of insurance. Termination 21. Either party, at any time, without reason and without liability, cost or penalty' may terminate this Agreement upon givÍng 90 days'written notice to the other pafty. 22. The Ministry may, in its sole discretion, without liability, cost or penalty, and without prejudice to any other rights or remedies of the Ministry underthis Agreement, any other agreement, at law or in equity, terminate this Agreement immediately upon giving written notice to the Organizatíon if: (a) in the opinion of the Ministry: (¡) the Organization breaches any term or condition of this Agreement; (¡i) the Organization is unable to operate the Program; (¡ii) the Organization enters into another agreement with the Ministry for the same or similar purposes; (¡v) the ROS Agreement is terminated; (v) the Organization breaches any term or condition of either the GYONP Agreement or the ROS Agreement; (vi) the Nurse Practitioner breaches any term or condition of the ROS Agreement; or (vii) the Nurse Practitioner ceases to provide Services for the Organization in accordance with the terms of the ROS Agreement; or if: Elstl04 GYO PCNP PageT ot 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 81 of 169 , Municipalitv of Bavham 24. (b) the Organization makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or ¡s petitioned into bankruptcy' or files for the appointment of a receiver; or (c) the Organization ceases to operate. lf the Ministry, in its sole discretion, considers the nature of the breach referred to in section 22(a)(i), section 22(a)(v) or section 22(a)(vi) to be such that it can be remedied and that it is appropriate to allow the Organization the oppottunity to remedy the breach, the Ministry may give the Organization an opportunity to remedy the breach by giving the Organization written noticê: (a) of the pafiiculars of the breach; (b) of the period of time within which the Organízalion is required to remedy the breach; and (c) that the Ministry shallterminate this Agreement: (¡) at the end of the notice period provided for in the notice if the Organization fails to remedy the breach within the time specified in the notice; or (¡¡) prior to the end of the notice perio if ¡t becomes apparent to the Mínistry ot completely remedy the breach wit r period of time as the Ministry considers reasonable, or the ôrganization is not proceeding to remedy the breach in a way that is satisfactory to the Ministry. lf the Ministry has provided the Organization with an opportuníty to remedy the breach, and: (a) the Organization does not remedy the breach within the time period specified in the notice; (b) it becomes apparent to the Ministry that the Organization cannot completely remedy the breach within the time specified in the notice or such fuñher period of time as the Ministry considers reasonable; or (c) the Organization is not proceeding to remedy the breach in a way that is satisfactory to the Ministry, the Ministry shall have the right to ímmediately terminate this Agreement by giving notice of termination to the Organization. Elgi104 GYO PCNP Page I of 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 82 of 169 . Municipality of Bavham ' 25. ln the event of termination pursuant to section 24,lhe effective date of termination shall be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies. Suspension of Fundinq 26. Despite its right to terminate the Agreement pursuant to sections 21, 22 and 24, the Ministry may choose not to terminate the Agreement and may choose to suspend Funding under the Agreement for such period as the Ministry determines necessary and appropriate. Fundinq Upon Termination 27. lf this Agreement is terminated by the Mínistry or the Organization (as the case' may be) pursuant to section 21,22 or 24, the Ministry shall: (a) cancelallfuftherFundinginstalments; (b) demand the payment of any Funds remaining in the possession or under the controlof the Organization; and (c) demand the payment of monies equalto any Funds used by the Organization for purposes not agreed upon by the Ministry. Fundinq at end of Fiscal Period and Upon Expilv 28. lf, at the end of any Fiscal Period or upon the expiry of the Agreement: (a) the Organization has not spent all of the Funds allocated as provided for in the Budget; or (b) the Organization has used Funds for purposes not agreed upon by the Ministry, the Ministry may demand the payment of the unspent Funds or monies equalto any Funds used for purposes not agreed upon by the Ministry, and the Organization shall pay them immediately to the Ministry. Debts Owing to the Ministry 29. lf the Ministry demands the payment of any Funds or monies pursuant to this Agreement, ihe amount demanded shall bô deemed to be a debt due and owing to the Ministry and the Organization shall pay the amount to the Ministry immediately unless the Ministry directs otherwise. Elsil0{ GYO PCNP Page 9 of 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 83 of 169 Municipalitv of Bayham 30. The Ministry reserves the right to demand interest on any amount ow¡ng bythe Organization at the then current rate charged by the Province of Ontario on accounts receivable. 31. The Organization shall pay the amount demanded by cheque, made payable to the "Minister of Finance", and mailed to the Ministry to the attention of the Manager, lnterdisciplinary Practitioner Program. Acknowledgement 32. The Organizalion shatl acknowledge the support of the Government in all publicly distributed reports and materials añd in all advertising and publicity relating to the Program, in a format approved by the MinÍstry. Notices 33. Any notice, consent, approval or oth contemplated to be given underthis delivered personally or by courier, se mail, or sent by facsimile, addressed below or at such other address as eit other in writing in the manner provid approvals and other communications shall be addressed as follows: To the MinÍstry: lnterdisciplinary Practitioner Program Primary Health Care Team B0 Queen Street, 3d Floor Kingston ON KZK 6W7 Attention: A/Manager, East and lnterdisciplinaryPhone: (613) 650-5444Fax: (613) 650-5440 To the Organization: Municipality of Bayham 9344 Plank Road Straffordville, ON NOJ 1Y0 Attention : Margaret Underhill Pla nning Coordinator/Deputy ClerkPhone: (519) 866-5521Fax (519) 866-3884 ElgLlM GYOPCNP Page 10 of 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 84 of 169 . Municipalitv of Bavham ' g4. All notices, consents, approvals and other communications shall be effective and deemed to have been received:(a) at the time the delivery is made when the communication is delivered personally or by courier; (b) seventy-two (72) hours after deposit in the mail when the communication is sent by certified, registered or postage prepaid mail; or (c) at the tíme the facsimile is received when the communication is delivered by facsimile. Schedules 35. The following schedules are attached to this letter and form part of the Agreement: (a) Schedule uA' - Terms of agreement between Nurse Practitioner and Collaborating Physician; (b) Schêdule uBo - Budget; (c) Schedule uOu - Financial Repods; (d) Schedule uD'- Performance Reports; (e) Schedule uEo - Grow Your Own Nurse Practitioner Agreement; and (f) Schedule "F" - Return of Service Agreement. Suruival 36. Sections 11,12,19,'14,15, 16 (to the extent any report has not been submitted in accordance with section 16), ì8, 27,28,29,3b, i1, 36 and 38 shallsurvive termination or expiry of this Rgreemeni toi a period of 7 years from its termination or expiry. Entire Agreement g7. This Agreement together with the attached schedules listed in section 35 constitutes the entiîe agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations, agreements and understandings. Elsi104 GYO PCNP Page11of12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 85 of 169 Municipalitv of Bavham Rights and Remedies Cumulative 38. Except to the extent othenruise expressly stated in this Agreement, the rights and remedies of the pafties are cumulative and are in addition to, and not in substitution for, any rights and remedies provided under any other agreement, at law or in equity. Please acknowledge your acceptance of the terms and conditions of this Agreement, by signing both copies of this tetter and returning them to the Ministry address identified in section 33 of this Agreement. Yours sincerely, Laura Pinkney A/Manager, East and lnterdisciplinary On behalf of and with the authority of the Municipality of Bayham, I hereby accept the Signing for the Munic ity of Bayham 5 Signing Otficer for the Municipality of Bayham Elgi704 GYO PCNP Page 12 ol 12 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 86 of 169 Schedule "4" Attached to and forming part of the agreement between the Ministry of Heatth and Long-Term Care and the Municipality of Bayham dated the .. . .. .. day of . .. ..... .. 2008. Terms of Agreement between the Nurse Practitioner and the Collaborating Physician The agreement the Municipality of Bayham enters into with the Collaborating Physician(s) shall include clauses: (a) providing that the Collaborating Physician(s) shall provide ongoing professional support to the Nurse Practitioner to enable the Nurse Practitioner to meet the Nurse Practitioner's professional obligations as described in the Standardsfor Consultationwíth Physicíans by RN(EC)$ issued by the CNO; (b) warranting that the Nurse Practitioner and the Collaborating Physician(s) have established a collaborative working relationship that allows the Nurse Practitioner to provide the Services and to meet the Nurse Practitioner's professional responsibilities as prescribed by law; (c) wananting that the Collaborating Physician(s) is a member in good standing of the College of Physicians and Surgeons of Ontario; (d) wananting that the Collaborating Physician(s) has and shall maintain for the period during which the Collaborating Physician(s) is engaged by the Municipatity of Bayham to provide support to the Nurse Practitioner, membership in the Canadian Medical Protective Association or its equivalent; and (e) providing any other terms necessary to give effect to the obligations of the Collaborating Physician(s) described above. ' E1gil04 Schedule A Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 87 of 169 Attachment (I)Municipality of BayhamSummary GYO NPF.undingtr'or the Periodrñlrôr I 'rflña t^ ^^¡^L --- '{ i lr-:-::""*".:¡vv, (1) Approved Budget September L,2006 To March 31,2007 (TMonths) a) Approverl Budget April l,2007 To August 31, 2007 (5Months) (3) RN Interim Funding I September L,2007 To October 31,2007 (2 Months)(2+3) lN Salary Fundine $30.948 $ 22,705 $8,842 $30,947 $ 61_B9s iÐ Benefits @ 267o 8,050 5,750 2.300 8.050 16.100 iii)RN Education Funding (Iuition + Expenses) 2 11,500 11,500 $ 11,500 llv.)il ,:$, 89;495 t RN Int"rim Funding September & October 2007 - RN Salary & Benefits: Annual Salary $53,053 (2 months @ $4,421/eachplus benefits @ $1,150/each)2 RN Education Funding - approved one-time funding of $10,364 (Tuition @ $3,502 plus Other Education Costs @ $6,862) deposited November 30, 2007. Elgil04 GYO NP 2007-08 Budget Template GYO NP Funding Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 88 of 169 Attachrnent Qf) Prtmary Care Nurse Practítíoner Fanitíng Attocatìon Municþality of BayhamPrimary Care Nurse Practitioner Funding Request Maximum funding allocation of $116,650 and is to provide for each NP salary and benefit costs, and a portion of overhead expenses. Any additional costs beyond the maximum allocation of $116,650 will need to be planned for by the organization. . Nurse Practitioner maximum annual salary funding level of $85,320. . Benefits inclusive of statutory employee benefits (e.g. CPP, EI, etc) . Overhead Expenses exclusive of fi:nding contribution(s) and/or in kind resources received from cornmunity and or/organizatton. t Norr" Practitíoner Date of Híre - November t, 2007 Elgi104 GYO NP 2007-08 Budget Template 0708 Budget Request Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 89 of 169 Minlstry of Health and Long-Term Care Primary Health Care Health System Accountability and Performance Division B0 Queen Street,3d Floor KÍngston ON K7K 6\'1l/Tel: 613-536-3200 Tollfree: l-866-766-0266Fax: 613536-3222 M¡n¡stère de ¡a Santé et des Soins de longue durée Équipe de renouvellement des soins primaires Division de la responsabilisation et de la performance du système de santé 80, rue Queen, 3" étage Kingston ON K7K 6W/ Té1. : 613 536-3200 Sans frais :1 866 766-0266 Téléc. : 613536-3222 ti . "rr,¡ì g 3 o l January 16,2009 The Municipality of Bayham 9344 Plank Road Staffordville ON NOJ 1Y0 Attention: Margaret Underhill, Planning Coordinator, Deputy Clerk Dear Ms. Underhill: Re: Agreement between the Ministry of Health and Long-Term Care (the "Ministry") and The Municipalify of Bayham (the "Agreement") - ELGI104 Further to our letter of October l, 2008,this shall serve to confirm that the Ministry has amended the 2008-09 Budget and Financial Reports to reflect the base funding level increase of $3,500 from $116,650 to $120,150 effective April 1,2008. The new maximum Nu¡se Practitioner salary level has been increased by 2.25% from $85,320 to 587,240,and funding related to benefit and overhead costs has been increased by a total of $1,580. Therefore, the Agreement is amended as follows: l. The Budget in Schedule "8" is deleted and replaced by the Budget enclosed with this letter; and 2. The Financial Report in Schedul e"C" is deleted and replaced by the Financial Report enclosed with this letter. Except for the amendments set out herein, the terms and conditions of the Agreement remain in full force and effect. Please review these amendments to ensure that they are consistent \¡/ith your understanding of the Agreement with the Ministry. Please sign both copies of this letter and return one copy to: Ministry of Health and Long-Term Care Interdisciplinary Practitioner Program 80 Queen Street, 3'd Floor Kingston ON K7K 6W7 1461-02-6 (06/11) l2 Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 90 of 169 -2- The Municipalitv of Bayham 'We would also like to take this opportunity to remind you that section 6 of the Agreement requires your organization to expend funds only itt accordance with the approved budget. Further, section 7 prohibits the movement of funds from one budget category to another unless prior written approval is given. With respect to the submission of quarterly reports, section 16 of the Agreement requires your organization to submit them in accırdance with the due dates listed in Schedule C "Financial Report" and Schedule D "Perfonnance Report". An electronic version of the Petformance Report canbe made available upon your written request. If you have any questions please contact Angela Bearance at Angela.Bearance@.ontario.ca or call 613-6s0-5438. Yours sincerely, Salaried Models and Programs Unit On behalf of and with the authority of The Municipality of Bayham, I hereby agree to the above noted amendments to the Agteement. * \'r^Aç),-QocÊ Enclosures: Schedule 'cB" 2008-09 Revised Budget Schedule "C" 200I-09 Revised Financial Report Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 91 of 169 .:Schedule "B'rAttached to and forming part of the Agreement between the Ministry of Health and Long-Term care and rhe Municipalþ of Bayham dated the 25th dayof January 200g.Revised Boag.F or the I'iscal periodAnril 1- ).nnq +^ ll/fa-¡L a1 â^^ñ Expenditure Categories 2008-09 Base Funtling Allocation 2008-09 Base Funding Increase Approved Budget April 1,2008 To March 37,2009 0 )trP Salary $ 85.320 $ 1.920 s 87Î,40 ii)\lP Benefits @ 26 % 22-184 498 22,692 (iiÐ Cverhead Expenses 9,t46 1,082 10,228 (rÐ $ I,16,650.$ 3,500 $ 120..150.00 $ 9,72L g z9t6i $ 10,012.50 ¡ Total Approved Funding ' mæ<imum annual firnding allocation increased by $3,500 from $116,650 to S120,150 effective April l, 200g.. NP Salary' maximum annual salary funding level increased by 2.25Vo from $85,320 to 5g7,240. 2Retroactivefundingof$2,625.03owingfortheperiodApril 1,2008toDecember31,2008(gmonthsx$291.67)tobedeposiredinconjunctionwiththerevisedJanuary 30,20og monthly payment of $10,012.50 for atotal deposit of $12 ,637.53. 3 Subsequent monthly payments to be deposited in the amount of $10,012.50 unless otherwise notified. Elgit04 0809 Revised Budget.xls Sched B Revised Budget Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 92 of 169 à L^ __t r_,- , Schedule ,,C,,Attached to and forming pan of the Ageement between the Minisny of Health and Long-Term care and rhe Municipalíty of Bayharn dated the 25th day of January 200g.Revised Financial Reporttr'or the f iscal periodApril 1,2008 to March 31,2009 MOHLTC Revised Budget April 1,2008 To March 31,2009 Expenditures Apr 1 - Jun 30 i .rur r - Sep 30 l-ı"tl _ nããrDueiDueiDue July31,2008 i October31,2008 i January3I,2009 Janl-Mar31 Due April 30,2009 April 1,2008 To March 31,2009 t Expenditures - report actual expenditures that are related to Ministry funding onty. identified and reported in the section below. In Kind Funding Confibution(s) and/or resources ¡eceíved from the communiry and/or organization a¡e to be êliiiþf,fn,/jüå.';il',,+ãiiìii5i:.'idìri:r,'* . ì:"l1.l.¿ ;,r.-er.;t,:r. t... lih;ouåÈ.ì.TöIäi $ .:¡¿i 1ü) "trl $ . ,'r-: l*li',$"-=¡i.,:.1¡,.:;,is. ,--$.s I In Kittd Contributions - identi$ and report funding contribution(s) and/or in kind resources received from the community and/or sponsoring organization. Please complete the âbove information and submit in accordance with the due date to: Ministry of Health and Long'Term Care Interdisciplinary Practílioner Program, Primary Health Care Team 80 Queen Steet,.3rd Floor Kingston ON K7K 6l'Y7 Approved By: Etgil04 0809 Revised Budget.xls Sched C Revised Fin Report Dated: Staff Report C2009-03 regarding Grow Your Own NP Funding/FHT... Page 93 of 169 Page 94 of 169 THE CORPORATION OFTIIE MT]NICIPALITY OF BÄYIIAM BY-LAW NO. 2009-040 A BY-LAW TO ESTABLISHTHE BAYHAM CENOTAPH COMMITTEE WHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a lower tier municipality may pass by-laws respecting Culture, Pa¡ks, Recreation and Heritage Services A¡ID WIIEREAS the Council of the Corporation of the Municipality of Bayham desires to promote, expand and enhance the culture, parks, recreãtion and heritage program within the municipalit¡ and to implement a Cenotaph Committee structure in support of these goals. AND WHEREAS the Council considers it expedient to establish a committee whose responsibility shall be to develop programs and projects for such purposes. TÍIT'REFORE THT'- COI]NCIL OF TIIE CORPORATION OF THE MIJNICIPALITY OF BAYHÄM ENACTS AS FOLLOWS: l. TIIAT the Council of The Corporation of the Municþality of Bayham hereby establishes a committee to be known as the Bayham Cenotaph Committee whose terms of reference are set out in Schedule "4" attached hereto and forming part of this by-law. 2. THAT the said Committee shall be considered as a Committee of Council and all members of the committee shall be appointed by Council as set out in the Terms of Reference. 3. THAT the said Committee shall operate in accorda¡rce with the said Terms of Reference which are hereby adopted. 4. THÄT this By-law establishing the Bayham Cenotaph Committee as set out in said Schedule "4" attached shall come into fu1l force and effect upon passage. 5. AND TIIAT any Bylaw establishing a cenotaph committee adopted by the Township of Bayham or the Villages of Port Burwell or Vierura be and the same are hereby repealed; READ A FIRST AND SECOND TIME this 2"d ilay of April2009. READ A THIRD TIME AND FINALLY PASSED this 2nd day of April2009. MAYOR CLERK By-Law 2009-040 A By-law to establish the Bayham Cenotap... Page 95 of 169 BAT'HAM CENOTAPH COMMITTEE Terms of Reference ESTABLISHMENT Established by the Council of the Corporation of the Municþality of Bayham by By-law No.2009-040 enacted and passed by Council on NAME OF COMMITTEE The Committee will be known as the "Bayhøm Cenotaph Committee". MANDATE This Committee will be responsible to provide advice, assistance, and recommendations to Bayham Council in the area of Cenotaph maintenance and repairs for the preservation of the Bayham cenotaph structures in Port Burwell and Vienna. Included in this mandate is support relative to local veteran recogrrition opportunities. This group will focus on preservation and maintenance of the cenotaph structures through the municipal budget. OBJECTTVES The Committee will concentrate on cenotaph skucture preservation and enhance local support for local veteran recognition and acknowledgønent. MEMBERSHIP / TERMS OF OFFICE Appointments to the Committee will be made by the Council of the Municþality of Bayham, The Committee shall have the following membership configuration: . The Mayor or altemate member of Council . Three to six individuals from the Bayham community representing interest in preservation of the cenotaphs and veteran recognition. For the year 2009, all members will serve for a term to expire December 37,2009 and thereafter, appointments shall be for a three year term. A Secretary will be appointed from the mernbership by the Committee to prepare agendas, and keep minutes of meetings. The Municipality will appoint a staff support person as necessary. Appointment of Chair / Vice Chair At the first meeting in each calendar year, the Committee will select a Chairmain. A Vice Chairman will be appointed as needed to assume the role of the Chairman in his/her absence. Vacancies All voting members will remain in ofhce until their respective successors are appointed by Council. In the event of a vacanc¡ either as a result of a resignation or expiration of the term of office, the Committee will recruit replacement members and recommend appointrnents to Council. By-Law 2009-040 A By-law to establish the Bayham Cenotap... Page 96 of 169 PROCEEDINGS 1, Frequencv of Meetings Meetings will be held a minimum of semi-annually, at atime and place convenient to the members or as otherwise directed or re-scheduled by the Chairman. 2. Ouorum A quorum will consist of not less than half plus one of the total number of appointed voting members. If there is no quorum within twenty minutes of the scheduled time for the meeting, the Chairman will re-schedule the meeting date. Members are urged to call the Secretary in advance ofa scheduled meeting and advise ofany regrets. 3. Votine Each member shall exercise one vote only. A majority vote of the members present will be used to reach a decision on matters before the Committee. 4. Reportins To CounciyBudeets and Expenditures Minutes of Committee meetings will be circulated to Council in a timely ma¡rrer. The Chairman or desigrrate will attend Council meetings as required to provide updates on activities. Annually the Committee shall: ¡ submit a proposed budget to Council for consideration for the following fiscal year; o present an action plan for the forthcoming year and report on current year activities. All expenditures must be within Council approved current budget guidelines. The Municipal policy on procurement shall apply for all expenditures. By-Law 2009-040 A By-law to establish the Bayham Cenotap... Page 97 of 169 Page 98 of 169 THN CORPORATION OF THE MI]NICIPALITY OF BAYHAM BY-LAW NO. 2009-043 A BY-LAW TO AUTHORIZF TIJE EXECUTION OT'AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM A¡{D CANADIAN I]NION OF PUBLIC EMPLOYEES AND ITS LOCAL 35.4 \ryHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with The Canadian Union of Public Employees and its Local 35'4 to establish terms and conditions of employment for the period January I 2009 to December 3 I, 2011; NO\il THEREFORE THE COUNCIL OF'THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part of this byJaw between the Canadian Union of Public Employees and its Local 35.4 and the Municipality of Bayham for the period of January 1,2009 to December 31,2011. 2. THAT this bylaw shall come into full force and effect upon final passing. READ A ['IRST, SECOND AND THIRD TIME AND FINALLY PASSED TIIIS 2NI) DAY OF APRTL,2009. MÀYOR CLERK By-Law 2009-043 A By-Law to Authorize the execution of a... Page 99 of 169 CONTRACT AGREEMENT BETWEEN CORPORATION OF THE MT]NICIPALITY OF BAYIIAM (hereinafter referred to as the "Employer") OF THE FIRST PART AND CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 35.4 (hereinafter referred to as the "Union") OF THE SECOND PART By-Law 2009-043 A By-Law to Authorize the execution of a... Page 100 of 169 Index Item Purpose Management Rights Recognition and Union Security No Discrimination Union Membership Requirements Check-Off Union Dues Correspondence Labour-Management Relations Resolutions and Reports Grievance Procedure Arbitration Discharge, Suspension and Discipline Seniority Promotions and Staff Changes Layofß and Recalls Hours of Work and Overtime - Public Works Hours of V/ork and Overtime - Water/V/astewater Paid Holidays Vacations Sick Leave Provisions Leaves of Absence Payment of Wages and Allowances Job Classifications and Reclassifications Retirement Employee Benefit Plans Health and Safety Uniform Allowance General Contracting Out Mergers and Amalgamations Term of Agreement Work Experience Schedule "4" (Rates of Pay) Letter of Understanding - Water/Wastewater Page No. J 4 4 5 5 5 6 6 6 7 9 9 10 11 t2 13 15 16 18 20 2t z3 23 23 23 24 24 24 25 25 25 25 27 29 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 101 of 169 JANUARY 1,2009 - DECEMBER 31, 2011 THIS AGREEMENT made this BETWEEN: day of ,2009. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the "Employer") OF THE FIRST PART AND CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 35.4 (hereinafter referred to as the "Union") OF THE SECOND PART ARTICLE 1 PURPOSE 1.01 It is the intent of this Agreement to maintain a harmonious relationship between the Employer and its employees and to provide an amicable method of settling grievances which may possibly arise as well as to set forth conditions of employment, rates of pay and hours of employment to be observed between the parties hereto. 1.02 Whenever the singular or masculine is used in this Agreement, it shall be construed as if the plural or feminine has been used, where the context so requires. By-Law 2009-043 A By-Law to Authorize the execution of a... Page 102 of 169 ARTICLE 2 MANAGEMENT RIGHTS 2.01 The Union agrees that the Employer retains all management rights except as expressly limited by the Collective Agreement, including the right to: (c) maintain order, discipline and effrciency; hire; schedule; direct; promote; demote; classify; transfer; layoff; recall; suspend; discharge or otherwise discipline seniority employees for just cause; subject to the employees' right to grieve; determine the nature and kind of work conducted by the Corporation; the type of customer service to be used; control the material and goods, the methods and techniques of work, the schedules of work, and the number of personnel to be employed; make studies of and institute changes to jobs and job assignments; discontinue, reorganize, limit, combine, or substitute any operation or part thereof; subcontract any work if doing so does not cause the layoff of a bargaining unit employee or result in the reduction of the bargaining unit; plan, direct and control its operations; manage the business in all respects; and determine all other functions and prerogatives heretofore vested in and exercized by the Employer which shall remain with the Employer; (d) make and enforce and alter from time to time, reasonable rules and regulations to be observed by employees once such rules and regulations have been relayed to the employees in writing. The breach of which may result in discipline up to and including discharge; (e) discipline or discharge a probationary employee for a lessor standard than just cause. RECOGNITION AND UNION SECURITY The Employer recognizes the Canadian Union of Public Employees and its Local 35 as the sole and exclusive bargaining agent of all employees of the Corporation of the Municipality of Bayham, save and except offtce and clerical employees, supervisors, persons above the rank of supervisors, and the department head. No employee covered by this Agreement shall be required or permitted to make a written or verbal agreement with the Employer or his/her representative which may conflict with the terms of this Collective Agreement. (a) (b) ARTICLE 3 3.01 3.02 4 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 103 of 169 Where the words "probationary employee" are used in this Agreement, they shall mean a newly hired employee, including a temporary employee who is subsequently hired by virtue of a job posting, and who shall be appointed as a regular employee upon completion of sixty (60) worked days of satisfactory service. Probationary and temporary employees shall have no seniority rights. Where the words "regular employee" are used in this Agreement, they shall mean an employee who has satisfactorily completed his or her probationary period. Where the words "temporary employee" are used in this Agreement, they shall mean one who is hired for a stated term or for a specific project or who is employed to augment the staff in vacation periods. A Temporary Employee shall not be hired for more than seven (7) continuous months unless mutually agreed otherwise. ARTICLE 4 NO DISCRIMINATION The Parties hereto agree that no employee shall in any manner be discriminated against, intimidated, coerced, restrained, or influenced by reason of race, creed, colour, national origin, political or religious affrliation, or by reason of membership or non-membership in the Union. 3.03 3.04 3.05 4.01 6.01 ARTICLE 5 UNION MEMBERSHIP REOUIREMENTS 5.01 Upon signing this Agreement, all regular employees of the Employer, who have completed the probationary period, shall, as a condition of employment, become and remain members in good standing of the Union, according to the constitution, and by-laws of the Union. As a condition of employment, all new employees covered by this agreement, shall become and remain members in good standing of the Union upon completion of the probationary period. ARTICLE 6 CHECK.OFF UNION DUES The Employer will deduct from each employee covered by this Agreement on each pay, any dues, initiation fees or assessments levied by the Union on its members and will remit said sum to the Treasurer of the Union no later than the last day of the month for which the dues were levied. At the same time that Income Tax (T-4) slips are made available, the Employer shall type on the amount of Union dues paid by each Union member in the previous year. 6.02 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 104 of 169 ARTICLE 7 7.01 ARTICLE 8 8.01 8.02 8.03 8.04 ARTICLE 9 9.01 CORRESPONDENCE All correspondence between the parties, arising out of this Agreement or incidental thereto, shall pass to and from the Union Chairman of the Union. A copy of any correspondence between the Employer, or his/her designate and any employee in the bargaining unit, pertaining to the interpretation, administration or application of any part of this Agreement shall be forwarded to the Unit Chairman of the Union and the National Representative. All correspondence from the Bargaining Unit shall be sent directly to the Supervisor and copied to the Administrator. LABOUR.MANAGEMENT RELATIONS The Corporation agrees to recognize and deal with a Negotiating Committee and Grievance Committee of two members. The Union shall supply the Employer with a list of Union Off,rcers, and a list of members of its negotiating and grievance committee. The Employer shall supply the Union with a list of its negotiating commitlee, a list of its grievance committee or of such other officials as are authorized to deal with grievances and to represent the Employer in the negotiating or administration of this Agreement. This list shall include the name and title of any supervisors representing management in the administration of this Agreement. The Union negotiating committee shall, as provided by this Agreement negotiate with the Employer the terms of the collective agreement. The Union shall have the right at any time to have the assistance of representatives of the Canadian Union of Public Employees when processing grievances or negotiating with the Employer. With the Employer's permission such representative(s) may have access to the Employer's premises in order to investigate and assist in the settlement of a grievance. Any representative of the Union or negotiating committee, who are in the employ of the Employer, shall have the right to attend meetings mutually agreed upon between the Employer and Union held during working hours without loss of regular earnings. RESOLUTIONS AND REPORTS OF THE EMPLOYER Copies of all Council Minutes shall be posted on the Union bulletin board. 6 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 105 of 169 ARTICLE 10 GRIEVANCE PROCEDURE 10.01 In order to provide an orderly and speedy procedure for the settling of grievances, the Employer acknowledges the rights and duties of the grievance committee. The Steward (who shall be appointed by the grievance committee) may assist any employee which the Steward represents in preparing the presentation of his grievance in accordance with the grievance procedure. The Union shall notifu the Employer in writing of the name of the Steward, before the Employer shall be required to recognize him. The Negotiating Committee shall constitute the grievance committee. The Employer agrees that the Steward shall not be hindered, coerced, restrained or interfered with in any way in the performance of their duties while investigating disputes and presenting adjustments as provided in this article. However, the Steward shall not absent himself from his work without the permission of his supervisor. 10.02 10.03 r0.04 10.0s A grievance shall be defined as any difference arising out of interpretation, application, administration or alleged violation of Collective Agreement. 10.06 It is the mutual desire of the parties hereto that complaints of employees and Employers shall be adjusted fairly and promptly. It is understood that an employee has no grievance until he has first given the Supervisor an opportunity of adjusting the complaint. Failing a satisfactory settlement, it may then be taken up as a grievance and dealt with in the following manner: If an employee has a grievance he shall make his submission in writing under Step #l within frve (5) working days after the circumstances giving rise to the complaint has originated or occurred. Step #1 The employee, along with the Steward, shall present his alleged grievance to the Supervisor, in writing signed by the Steward containing the particulars of his complaint and the redress sought. The Supervisor shall render his decision within three (3) working days after receipt of the grievance. the the By-Law 2009-043 A By-Law to Authorize the execution of a... Page 106 of 169 10.07 10.08 10.09 10.10 10.11 Step #2 Failing a satisfactory settlement being rendered in Step #1, the Union shall within five (5) working days of the decision in Step #1, submit the grievance to the Employer Grievance Committee or its designated representatives. A meeting will be arranged within frve (5) working days and a decision will be rendered within three (3) working days of the meeting. The National representative will be in attendance at such meetings, as well as an employer advisor if the employer so wishes. Step #3 Failing a satisfactory settlement under the foregoing procedure, the matter may be referred to Arbitration, within seven (7) working days of the decision rendered in Step #2. Any complaint or grievance arising directly between the Employer and the Union shall be originated under Step #2 within frve (5) working days after the circumstances giving rise to the complaint or grievance have originated or occurred. However, it is expressly understood that the provisions of this paragraph may not be used to institute a complaint or grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be by-passed. Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union has a grievance, Step #l of this article may be by-passed, such grievances shall be known a "Policy Grievance". Replies to grievance shall be in writing at all stages. The time limits fixed in both the grievance and arbitration procedures may be extended by written consent of the parties. The Employer shall supply the necessary facilities for the grievance meetings. By-Law 2009-043 A By-Law to Authorize the execution of a... Page 107 of 169 ARTICLE ll ARBITRATION 11.01 The parties hereto agree to abide by the provisions set out in Sections 48 and 49 of the Labour Relations Act which states in part as follows: Where a difference arises between the parties relating to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notiff the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain, in the case of section 48 the name of the first party's appointee to an arbitration board. The recipient of this notice shall within five (5) days inform the other party of the name of its appointee to the arbitration board. The two (2) appointees so selected shall, within five (5) days of the appointment of the second of them appoint a third person who shall be the chairman. If the recipient of the notice fails to agree upon a chairman within the time limits, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee or Employer affected by it. The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chairman governs. Upon mutual agreement, the parties to the collective agreement may choose a single arbitrator. Each party shall pay: 1. The fees and expenses of the arbitrator it appoints. 2. One-half of the fees and expenses of the Chairperson. The parties may mutually agree to utilize a grievance mediator prior to filing for or going to arbitration. tL.02 I 1.03 11.04 ARTICLE 12 DISCHARGE. SUSPENSION AND DISCPLINE t2.01 In the event a regular employee who has attained seniority is discharged or disciplined and the employee considers that an injustice has been done, the matter may be taken up at Step 2 of the Grievance Procedure. A probationary employee may exercise this right subject to Article 2.01(e). In the event an employee is disciplined or discharged, the Union should be present at the time of discipline or discharge. 9 12.02 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 108 of 169 12.03 t2.04 ARTICLE 13.01 13.02 13.03 Where a regular employee's grievance against his/her discharge or discipline duly comes before an Arbitration Board, the Board may make a ruling: (Ð Confirming the Corporation's action, or; (iÐ Reinstating the employee with or without compensation for wages lost (except for the amount of any remuneration the employee has received elsewhere pending the disposition of his case), or; (iiÐ Disposing of the grievance in any other manner which may be just and equitable. Warning or disciplinary notice or letters shall be removed from the employee's personnel file after twelve (12) months of the date of such notice or letter, provided there have been no further notices or letters placed on file during that twelve month period. Such warnings or disciplinary notices or letters shall not be used in any future action or proceedings against an employee. 13 SENIORITY Seniority is the length of continuous service within the bargaining unit, including the probationary period upon its successful completion, and will include all previous continuous service with the respective amalgamated employers prior to and subsequent to the formation of the Municipality of Bayham, as of the date of the signing of the first collective agreement. Any employees hired or transferred into the bargaining unit thereafter, seniority will be determined by length of continuous service within the bargaining unit. Seniority List A seniority list will be compiled annually by the Employer and employees shall be placed thereon in accordance with Article 13.01. An up-to-date seniority list will be posted on the Union bulletin board in January of each year and a copy will be forwarded to the Union. Probationary Period (a) The first sixty (60) days worked, including paid holidays, for a new regular employee shall be a probationary period. Prior to the end of this period, each such employee shall be given a performance review. If satisfactory, the Supervisor will confirm the individual's employment as a regular employee by letter. If not satisfactory, the probationary employee will be terminated by the end of the period. 10 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 109 of 169 13.04 13.0s 13.06 (b) Temporary employees that are successful in obtaining a posted regular employee position without a break in employment from their last date of hire, shall have that date as their start date. Such regular employee must complete the probationary period stated in 13.03 (a) after their appointment to full time status. Probationary employees may be terminated at the discretion of the Employer, subject to Article 2.01(e). Loss of Seniority and Deemed To Have Quit An employee shall lose seniority and shall be deemed to have quit in the event: a) He is discharged for just cause and is not reinstated; b) He resigns in writing; c) He is absent from work for three (3) consecutive working days without notiffing the Employer, unless due to extenuating circumstances; d) He fails to return to work within fifteen (15) working days following a layoff and after receiving notice by registered mail to do so, unless through sickness or otherjust cause; e) He is laid off for a term equal to their seniority to a maximum of twenty-four (24) months; Ð He has been on long term disability in excess of twenty-four (24) months, unless the employee has a prognosis of retum to work within three (3) months of that time. g) He has been on V/orþlace Safety and lnsurance Board (WSIB) in excess of twenty-four (24) months, unless the employee has a prognosis of retum to work within three (3) months of that time. No employee shall be transferred to a position outside the bargaining unit without his consent. If an employee is transferred to a position outside of the bargaining unit, he shall retain his seniority accumulated up to the date of leaving the unit for a period of not more than six (6) consecutive months, and thereafter will have no seniority rights. ARTICLE 14 PROMOTIONS AND STAFF CHANGES 14.01 When a new position is created or when a vacancy occurs inside the bargaining unit, the Employer shall immediately notifr the Union in writing. Where the Employer determines it will fill a vacaîcy or a new position, it shall post notice of the position on all bulletin boards for a minimum of one week, so that all members will know about the vacancy or new position. 11 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 110 of 169 14.02 14.03 r4.04 ARTICLE 15.01 t5.02 Such notice shall contain the following information: nature of position, qualifications, required knowledge and education, skill, shift, hours of work, and wage or salary rate. Preference shall be given to the employee with the greatest seniority provided he has the qualifications and ability to do the job efficiently. If the posting does not result in a suitable applicant, the Supervisor shall be free to fill the position as he sees fit. The successful employee shall be notified in writing within three (3) working days following the decision of the Employer and the decision shall be posted on the bulletin board in the Department. 15 LAY.OFFS AND RECALLS 1) A layoff is defined as a reduction in the workforce. 2) Layoff shall be on the basis of seniority and ability to do the job. The regular employee with the least seniority shall be laid off first unless this leaves the Department with no one who is available to perform the required duties. In such a case, the employee with less seniority with the required skills may be retained. 3) Seniority for the purposes of this section shall be based on time actually worked for the Corporation and shall not include periods on layoff. 4) Unless legislation is more favourable to the regular employees, the Employer shall noti$ the Union and the regular employees who are to be laid off two weeks prior to the effective date of layoff. If the regular employee has not had the opportunity to work the days as provided in this Article, he/she shall be paid for the days for which work was not made available. 5) No credits for sick pay or vacation pay shall be accumulated during periods of layoff. 6) No paid holidays (see Article 17) will be given during periods of layoff, nor will sick pay from the Corporation (see Article 19) be available for illness/disability occurring after the layoff commences. Re-Call Regular employees shall be recalled in the order of their seniority providing they have the qualifications to perform the available work. New qualified employees shall not be hired until those laid off have been given an opportunity of recall. A laid off employee will be placed on a recall list for a term equal to their seniority to a maximum of twenty-four (24) months. Grievances concerning lay-offs and recalls shall be initiated at Step #2 of the grievance procedure. 15.03 t2 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 111 of 169 ARTICLE 16.01 16.02 16.03 r6.04 16.05 16.06 t6.07 16 HOURS OF WORK AND OVERTIME - Public Works For regular employees, the regular scheduled hours per week shall be forly (40) hours and the normal daily hours of work shall be eight (8) hours per day,7 a.m. to 3:30 p.m. Monday to Friday inclusive, with one-half (ll2) hour unpaid lunch break. Notwithstanding the foregoing, the Manager of Public 'Works may, for specific suÍrmer projects, alter daily work hours to provide for service efficiencies, provided such hours coÍrmence no earlier than 6 a.m. Employees shall be permitted a rest period of fifteen (15) consecutive minutes in both the first half and the second half of a shift. Inclement weather may cause hours to fluctuate particularly during the winter months. Employees who report for work on any shift for which they are scheduled and for which they have not been notified not to report will be guaranteed at least four (4) hours pay except in case of acts of God or any labour dispute or any condition beyond the control of the Employer. All full time employees who work in excess of forty (40) hours per week or work on any paid holiday as set forth in Article 17.01 of this Agreement shall be considered overtime. In the event that scheduled overtime is required, the employer agrees to give at least twenty-four (24) hours notice when possible. Overtime work before and after the regular weekly hours or daily hours referred to in Article 16.01 shall be paid at the rate of time and one-half the regular rate of pay for all hours worked. However, a regular employee may bank those hours at the rate of time and one-half to a maximum of 80 hours instead of receiving aîy payment for the overtime hours worked. Such time will be taken off at a mutually agreeable time between the employee and the employer. However, if the banked time is not taken prior to December 1st in aÍLy year, it will be paid out at the rate of time and one-half. Notwithstanding the foregoing, an employee may carry over banked overtime eamed between December 1 and December 31 to the following yeaÍ, but under no circumstances will the banked overtime in the following year exceed eighty (80) hours in total including any hours which may be carried over. 13 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 112 of 169 16.08 On-Call/Patrol Duties (iiÐ .Winter Season For the purpose of this agreement the winter season shall be from November 15 to March 15. Notwithstanding Article 16.08 (i), the Manager of Public V/orks may alter the winter season upon providing one-week notice to the bargaining unit. Patroller - Any employee performing the role of winter patroller will be provided with a pager. Patrol hours may not be the same as the normal daily hours specif,red in Article 16.01, and hours are not subject to Article 16.07 unless the hours worked per day exceed eight or weekly hours exceed forry. Stand by - Any employee required to perform stand-by duties will be provided with a pager. Said employee will be required to be available outside of normal working hours to perform winter control duties should the need arise. Remuneration for the duties shall be one hundred forty dollars ($140.00) per week plus compensation at the appropriate rate for any hours worked. Standby shall be 3:30 p.m. Monday to 3:29 p.m. the following Monday. Notwithstanding article 16.01, during the winter season the Employer may establish winter shifts. The normal working hours for the winter shifts shall be 8 hours per day, for five-day periods. Winter shift schedules will be reviewed prior to each winter season and may be altered for the next season upon mutual agreement of the parties. Employees assigned to such shift shall receive additional remuneration of $140.00 per week. A weekend night shift may also be established, Saturday and Sunday. Hours worked on a weekend shift shall be subject to overtime provisions pursuant to article 16.07. Duties on winter shift may include patrolling. Where patrol duties are assigned to employees, a premium of $19.50 per week shall apply in addition to the regular shift premium. If such shifts are established, employees will be rotated through the schedule one week at a time. 16.09 Call-in Pay Any employee who has completed his/her shift and has left the Corporations premises and is then recalled to work extra time shall be paid at one and one-half (l %) times the employee's regular rate and will not receive less than the equivalent of four (4) hours pay at the employee's regular rate of pay for such additional work. (i) (ii) t4 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 113 of 169 r6.10 16.1 1 t6.12 t6.13 r6.14 Overtime is any time worked in excess of 8 hours per day or 40 hours per week and, subject to Article 16.07, shall be paid at the rate of time and one half of the regular rate of pay. HOURS OF WORK AND OVERTIME - WaterÄMastewater For regular employees, the regular scheduled hours of work per week for Water/Wastewater operations employees shall be forfy (40) hours. Normal daily hours of work shall be eight (8) hours per day, 8:00 a.m. to 4:30 p.m. Monday to Friday inclusive, with one-half (ll2) hour unpaid lunch break. Notwithstanding the foregoing, the Water/Wastewater Superintendent may, for specific srunmer projects, alter daily work hours to provide for service efficiencies, provided such hours commence no earlier than 6 a.m. Notwithstanding Article 16.1 1, Water/Wastewater operations employees shall work an altered weekly shift on a rotational basis. Such shift shall include a shift on Saturday, and a shift on Sunday. The following Monday to Thursday inclusive shall have daily hours of 8:00 a,m. to 4:30 p.m. and Friday following time required to achieve a total of 40 regular hours, starting at 8:00 a.m. 'Water/Wastewater operations employees shall be permitted a rest period of fifteen (15) consecutive minutes in both the first half and second half of a shift. 'Water/V/astewater operations employees will be required to perform stand-by duties on a rotational basis. Employees on stand-by will be provided with a pager, and will be required to respond to the facility within one hour of such pages. The stand-by shift shall be 4:30 p.m. Friday to 12:00 p.m. the following Friday, and shall coincide with the weekly shift outlined in Article 16.12. Where a V/aterlWastewater operations employee is called out to work extra time, and work less than 4 hours, any subsequent call out that occurs within the original 4 hour period shall be considered apart of the original call out. The exception to the foregoing will be, if an employee is called out to work extra time and must physically attend to the problem on site and within the same four hours is called out again and must physically attend to a problem at another site. In such case the call out will be considered as a separate call out and the employee will be compensated accordingly. Remuneration for stand-by duties shall be $140.00 per week plus compensation at the appropriate rate for any hours worked. All Full time employees who work in excess of forty (40) hours per week or work on any paid holiday as set forth in article 17.01 of this agreement shall be considered overtime. 15 16.15 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 114 of 169 16.16 t6.77 16.18 In the event that scheduled overtime is required, the employer agrees to give at least twenty-four (24) hours notice when possible. Overtime work before and after the regular weekly or daily hours referred to in Article 16.11 shall be paid at the rate of time and one-half the regular rate of pay for all hours worked. However, a regular employee may bank those hours at the rate of time and one-half to a maximum of 80 hours instead of receiving any payment for the overtime hours worked. Such time will be taken off at a mutually agreeable time between the employee and the employer. However, if the banked time is not taken prior to December lst in aîy year, it will be paid out at the rate of time and one- half. Notwithstanding the foregoing, an employee may carry over banked overtime earned between December lst and December 31st to the following year, but under no circumstances will the banked overtime in the following yeff exceed eighty (80) hours in total including any hours which may be carried over. Overtime is any time worked in excess of 8 hours per day or 40 hours per week and, subject to Article 16.17, shall be paid at the rate of time and one-half of the regular rate of pay. ARTICLE 17 PAID HOLIDAYS 17.0t (a) Subject to (c) below, all employees will be granted the following holidays with pay to be calculated at their regular straight-time rate times the standard daily hours for the position: New Year's Day Good Friday Remembrance Day Christmas Day Boxing Day Thanksgiving Day Labour Day Easter Monday Victoria Day Canada Day Civic Holiday Family Day Afternoon of the last scheduled working day before Christmas and New Year's Days. (b) All regular employees shall be granted an additional2 Yz days off at the regular rate of pay for the period between Christmas and New Year's Day. The exact dates to be taken shall be at the discretion of the Employer. Employees called in on such days will receive pay only for hours worked at arate of time and one-half (I %). No additional pay shall be applicable for such day (i.e. 8 hours) excepting that be another day off in lieu shall be given at the regular rate of pay at a mutually agreeable time between the employee and the Supervisor. T6 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 115 of 169 17.02 17.03 17.04 (c) To qualifr for holiday pay, employees must not: (Ð be absent on the scheduled work day immediately preceding or following the holiday or the day granted in lieu, unless excused by the Supervisor, or in the case of extenuating circumstances; (iÐ be absent on the holiday after being scheduled to work, unless for a valid reason; (iiÐ be in receipt of WSIB benefits or Sick Leave/LTD in excess of thirty (30) days; (iv) be on a leave of absence without pay; (v) be laid offi (d) Notwithstanding the foregoing, temporary employees shall be entitled to statutory holidays as per the Employment Standards Act. (e) No employee shall receive pay for paid holidays if the employee is in receipt of payments from WSIB, STD, or LTD. Temporary Employees All temporary employees will be granted the paid holidays as indicated in I7.0I (a) and would qualiff and be paid in accordance with the Employment Standards Act. Work on a Holiday for Regular Employees An employee who works on a paid holiday as stated in Article 17.01 (a) will receive pay only for hours worked at arate of time and one-half (l yr) the employee's regular hourly rate. No additional pay shall be applicable for such day (i.e. 8 hours) excepting that for those employees who qualiff and worked, another day off will be given in lieu at the regular rate of pay at a date agreed by the supervisor and the employee. If a day in lieu cannot be given for those regular employees, the regular employee will receive one day's pay at his/her regular rate in addition to the pay for the hours worked. Holidays on Non-Scheduled Working Days (a) Where a paid holiday as stated in 17.01 (a) falls on a Saturday or Sunday and this is a non-scheduled working day, the next working day following will be taken off in lieu. (b) Where a paid holiday falls on a non-scheduled working day other than Saturday or Sunday, another day off in lieu will be granted at a time agreed to by the regular employee and Supervisor. t7 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 116 of 169 17.05 Holidays Within a Vacation Period Where a paid holiday falls within a regular employee's vacation period, an extra day off shall be granted at a mutually agreeable time. ARTICLE 18 VACATIONS 18.01 Vacation Year For the purpose of computing vacation entitlement, the vacation year shall begin on January ltt and end on December 31't. Where a conflict with the Employment Standards Act exists, the Act shall prevail. 18.02 Vacation Entitlement Regular Employees Regular full-time employees shall be eligible for vacation entitlement as follows: Years of Eligible Service Vacation Entitlement (at Jan 1't) Less than One Year One year 5 years 10 years 15 years 20 years (for that year) 1 day per month service to a maximum of l0 Two weeks Three weeks Four weeks Five weeks Six weeks A vacation week shall consist of the regular scheduled work week for that employee. All vacation weeks and pay shall be based on the calendar year, and must be earned in advance. 18.03 Vacation Pay (a) Vacation Pay for regular employees shall be their regular eamings as per Schedule "A". (b) Temporary employees will receive vacation pay as specified by the Employment Standards Act, and be paid as it is earned. 18.04 Termination of Employment (a) upon termination of employment, employees shall receive all outstanding vacation owing. l8 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 117 of 169 18.05 18.06 18.07 18.08 Effect of Leaves of Absence on Vacation Credits In the event there has been an absence in excess of30 continuous calendar days in a vacation year, refer to Article 20.09 to calculate vacation entitlement. Vacation Credits on Retirement Regular employees who are retiring can use up all outstanding vacation credits to date during the year of retirement or a lump sum payment may be made. Vacation Scheduling (a) Regular employees may not accumulate vacation credits. Vacation time must be taken and used within the current year. (b) Vacations will, as far as it is practical, be granted at the times most desired by the regular employee. A regular employee, to ensure consideration of his/her request, must notifu the Supervisor in writing of hislher preferred vacation period by March 31 in any given year. The Vacation Schedule will be posted on the Union bulletin board by April 15. Any vacation request submitted after March 31 will be considered on a first come, first serve basis. (c) At the discretion of the Supervisor, generally no more than two employees will be allowed vacation during the same period of time. (d) Preference shall be given times if too may regular period. to years of service when allotting vacation employees request the same vacation time (e) Any proposed changes after the vacation times have been allocated must be authorized by the Supervisor. V/hen an employee is hospitalized during his vacation, there shall be no reduction from vacation credits for such days required for convalescence. The time taken shall be deducted from sick leave credits. The period of vacation so displaced shall either be added to the vacation period or reinstated for use at a later date by mutual agreement between the employee and the Employer. When an employee dies, his estate shall be entitled to the value of the vacation credit owing him at the time of death. 18.09 19 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 118 of 169 ARTICLE 19 SICK LEAVE PROVISIONS 19.01 (a) Sick leave credit of twelve (12) days per annum will be available for personal illness or non-occupational accident. Sick leave credits cannot be carried beyond the end of the calendar year and will have no cash value on either termination or retirement. Employees starting after the first of the year will have their sick leave prorated based upon one day per full month of service, it being acknowledged that the employee will receive credit for the first month provided he commenced working no later that the seventh day of the month. (b) Loss of time caused by sickness shall be paid to an employee for the number of sick leave credit days accumulated to the time of sickness at his then current rate of wage except for any day for which the employee is entitled to Worþlace Safety and Insurance Board payments. (c) A regular employee shall be entitled to use up to four (4) days per calendar year from hislher accumulated sick leave to attend to spouse, child or parent on special or compassionate grounds which are medically related. Each full time employee who has completed the probationary period shall be eligible for the short term/long term disability program. Short-Term Disability Short-term disability income will be paid after sick leave credits pursuant to article 19.01 (a) have been utilized. Short-term disability benefits due to illness or non-occupational accident will be paid for a continuous absence up to 119 calendar days at 600/o of the employees regular pay. Separate periods of disability occurring under this benefit will be considered one period if: . They result from the same or related causes and are separated by a period of six consecutive months or less during which the employee returned to active employment; or . They result from entirely unrelated causes and normally are separated by a period of less than one fuIl day during which the employee returned to active employment. The cost of this short-term disability insurance plan will be paid 100% by the Municipality of Bayham effective the first day of the month following three continuous months of service. Long-Term Disability A long-term disability plan (L.T.D.) provides regular employees with 66.67% of basic monthly eamings up to a maximum of $4,000 per month, t9.02 19.03 19.04 20 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 119 of 169 payable up to age 65 years after the initial period of 119 days during which time short-term disability coverage, as described in Article 19.03 above, will be in effect. The cost of this long-term disability insurance plan will be paid 100% by the Municipality of Bayham effective the first day of the month following three continuous months of service. 19.05 An employee required by the employer to provide a medical certihcate shall be reimbursed for the said certificate. ARTICLE 20 LEAVES OF ABSENCE 20.01 20.02 20.03 20.04 Representatives of the union shall not suffer any loss of regular eamings for the total time involved in negotiations with the Employer conducted during working hours, up to but not including arbitration, only in the case where such negotiations are agreed to by the Employer or imposed upon the parties hereto by an outside body. Representatives of the Union shall not suffer any loss of pay or benefits for the total time involved in grievances conducted during working hours. Upon request to the Employer, up to two (2) employees elected or appointed to represent the Union at a conference, convention or educational seminar shall be allowed leave of absence, not exceeding twenty (20) days in aggregate in any calendar year, provided that this shall not interfere with the efficient operation of the Municipality. In such cases, the employer shall continue to pay the employee and bill the Union for the total wages concerned. All payments shall be made to the employer within 45 days of receipt of the billing. (a) An employee shall be granted a maximum of five (5) regularly scheduled consecutive work days leave, without loss of pay or benefits, in the case of death of a spouse, common law spouse, same sex spouse, child, child of coÍrmon law spouse, or stepchild. (b) An employee shall be granted up to three (3) days leave, without loss of pay or benefits in the case of the death of a parent, grandparent, grandchild, stepmother, stepfather, brother, sister, parent of common law spouse, stepbrother, stepsister, father-in-law, or mother-inlaw. (c) An employee shall be granted one-day bereavement leave without loss of pay or benefits in the case of death of an aunt, uncle, niece or nephew. An employee who is required to serve as a juror or subpoenaed as a witness in any court in Ontario, shall be granted a paid leave of absence for the days on which the employee would otherwise have been scheduled to work. 20.05 27 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 120 of 169 20.06 20.07 20.08 20.09 An employee may request personal leave of absence, without pay, and subject to Article 20.09, for good and sufficient cause, and such request shall not be unreasonably denied. Employees who are on personal leaves of absence of less than 30 consecutive working days will not be considered to be laid off and their seniority shall continue to accumulate during such absence. Pregnancy and Parental Leave shall be in accordance with Employment Standards Act. Adoption leave will be allowed on the same basis as Parental Leave. 'Where any leave of absence without pay exceeds thirty (30) continuous calendar days, the following shall apply: (a) The Employer shall pay its share of the health and welfare benefits for the calendar month in which the leave commences and in the month immediately following. (b) Ifthe leave of absence exceeds thirty (30) consecutive calendar days, benefit coverage may be continued by the employee, provided that he/she pays the total cost of the premiums to the Employer for each monthly period in excess of the thirty (30) consecutive calendar days leave of absence except as modified by (a). (c) Benefits will accrue from the date of return to employment following such leave ofabsence. (d) With the exception of leave specif,red in Article 20.08, service for the purpose of determining vacation credits or sick leave credits or any other benefits under any provision of the collective agreement or elsewhere will not accumulate, but will remain fixed at the amount held at the commencement of the leave subject to the Employment Standards Act as amended from time to time. (e) Notwithstanding the above, the Employer shall continue to pay its share of the premium for the benefit plans for the regular employees who are on paid leave of absence or WSIB. It is understood that the obligation of the Employer to pay its share of the health and welfare benehts while a regular employee is on V/SIB, STD, or LTD shall continue only so long as the employment relationship continues or twenty for (24) months, whichever occurs first unless prohibited by legislation. (Ð It is understood that a regular employee who chooses to continue benefits under (a) or (b) above shall provide the Employer with payment for the amount required on or before the first day of the month in which payment is due. 22 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 121 of 169 2r.0t 21.02 ARTICLE 2l PAYMENT OF WAGES AND ALLOWANCES (a) The Employer shall pay salaries and wages every two (2) weeks, by direct deposit, in accordance with Schedule "4" attached hereto and forming part of this Agreement. Each pay stub will include earnings for all work performed through the end of the previous payroll period. (b) In the event thaf a regularly scheduled payday falls on a day off such as a holiday, employees will receive pay on the last day of work before the regularly scheduled payday. When an employee is transferred to a higher rated position as a result of a job posting, the employee shall receive the appropriate rate in the new position which is not less than the employee's rate prior to accepting the new position. 22.01 The Employer shall prepare a new job description whenever a new job class is created. When a new job class is created or established, the rate of pay for such classification shall be subject to negotiations between the Employer and the Union. If the parties are unable to agree on the rate of pay for the job in question, such dispute shall be submitted to grievance and arbitration. The parties agree to abide by the Pay Equity Act.22.02 ARTICLE 22 JOB CLASSIFICATIONS AND RECLASSIFICATIONS ARTICLE 23 RETIREMENT 23.01 N/A ARTICLE 24 EMPLOYEE BENEFIT PLANS 24.01 The Employer shall provide the following plans for all employees: (Ð (iÐ (iii) Semi-private Hospital Care - I00% Vision Care ($225.00124 months for corrective glasses or lenses), and eye exams to a maximum of $75.00 every 24 months. Dental Plan - I00% premium paid by the Employer, at two years behind current O.D.A. rates at time of treatment. Orthodontic coverage 50Vo co-insurance to a lifetime maximum of $1,500.00 per eligible dependant. Extended Health Care Plan - 100%. No deductible on prescription drugs. Drug plan to provide mandatory generic substitutes for prescriptions unless otherwise directed by the physician. The plan will provide Chiropractic coverage with no maximum per visit to an annual maximum of $500. per eligible family member, physiotherapist coverage with no maximum per visit to an annual maximum of $500. per eligible family member, message therapy coverage with no maximum per visit to an annual maximum of (iv) ZJ By-Law 2009-043 A By-Law to Authorize the execution of a... Page 122 of 169 (v) (vÐ $500. per eligible family member, hearing aid coverage to a maximum of $500. every three years per eligible family member. Deluxe out of Province Coverage Accidental Death and Dismemberment and Life: two times annual salary, maximum $200,000, reduced 50o/o atage 65. 24.02 The Employer will pay on behalf of each insured employee 100% of the premium cost for Life Insurance. The amount of coverage for employees covered by this agreement shall be two (2) times the employees annual salary for the current year rounded to the next $1,000.00. (Maximum $200,000, reduced 50%oatage 65) ARTICLE 25 HEALTH AND SAFETY 2s.01 The Parties hereto agree to abide by the provisions of the Occupational Health and Safety Act (R.S.O. 1990) ARTICLE 26 T]NIFORM ALLOWANCE 26.0I The Employer shall provide safety clothing, which shall be replaced as needed. A boot allowance of up to two-hundred ($200.00) annually for the purchase of C.S.A. approved safety boots will be made available for a regular full time employees, upon provision of a valid receipt to the Supervisor. The Employer will reimburse each employee for one pair of coveralls annually, up to $50 upon provision of a valid receipt. ARTICLE 27 GENERAL The Employer shall provide a bulletin board which shall be placed so that all employees will have access to it and upon which the Union shall have the right to post notices of meetings and such other notices as may be of interest to the employees. All employees required to use their own vehicle in the course of their duties shall be reimbursed at the rate established by Council policy, but not less than $0.45 per kilometer. The Union and the Employer agree to abide by the Human Rights Code. Upon prior approval of the employer and successful completion, employees shall be reimbursed for exam and licence fees for the maintenance of licences required by the employer for the position. All employees required or permiued to attend training/courses/seminars shall be reimbursed for expenses directly incurred for such attendance as follows: Mileage - pursuant to Article 27.02 A per diem of two hundred and twenty dollars ($2ZO; to cover accommodation and meals. 27.01 21.02 27.03 27.04 27.05 24 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 123 of 169 29.01 ARTICLE 28 CONTRACTING OUT 28.01 Unless legislation mandates, workfare participants will not replace existing members or positions in the bargaining unit. ARTICLE 29 MERGERS AND AMALGAMATIONS In the event that the Employer merges/amalgamates with any other body, the Employer will use its best efforts to ensure that: (Ð bargaining unit employees shall be credited with all seniority rights with the new employer; (iÐ all service credits relating to vacation with pay, sick leave credits, pensionable service and other benefits shall be recognized by the new employer; (iii) conditions of employment and wage rates with the new employer shall be at least equal to those contained in this Collective Agreement; (iv) no employee shall suffer loss of employment as a result of the merger/amalgamation; 30.01 This Agreement shall be effective on the l" day of January 2009 until the 3l't day of Decemb er 2011, and from year to year thereafter unless either party gives notice in writing at least thirty (30) days prior to the expiration date of the Agreement. If such notice is given, negotiations for a new Agreement shall commence within twenty (20) days of such notice. Any changes deemed necessary in this Agreement may be made by mutual agreement at any time during the existence of this Agreement. All changes in this Agreement shall be adjusted retroactively unless otherwise specified. 30.02 30.03 ARTICLE 31 WORK EXPERIENCE In order to promote greater diversity and job enrichment, the Employer shall endeavour to assign work within the department so that employees will learn new aspects of the jobs and will be able to maintain capabilities already attained. (v) it will solicit input from CUPE Local 35 regarding the items noted above and keep the Local and the National representative informed of the status of those discussions involving those items. ARTICLE 30 TERM OF AGREEMENT 31.01 25 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 124 of 169 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 125 of 169 Schedule ttAtt Rates - Public Works Operations Public Works - Effective January 1.2009 Public Works - Effective Januarv l-20II Note: Employees move to the Year 1 rate following 2080 regular hours worked, and the Year2 rate following 4160 regular hours worked. Students will start at the start rate and after 480 hours worked shall progress to the year one rate and after 960 hours will progress to the year two rate. c ve ) Category Start Rate Year I Year 2 Foremen 20.57 21.33 22.t3 Operators t9.42 20.t5 20.90 Temporary Operators t8.29 18.97 19.69 Students 13.s3 14.08 14.64 Public Works - Effective 20 0 Category Start Rate Year I Year 2 Foremen 21.00 21.77 22.59 Operators 19.82 20.s8 2r.34 Temporary Operators 18.67 t9.37 20.t0 Students 13.82 14.37 14.95 o anua Category Start Rate Year 1 Year 2 Foremen 2t.42 22.21 23.05 Operators 20.22 20.99 2r.77 Temporary Operators t9.04 t9.76 20.50 Students t4.09 14.66 15.25 27 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 126 of 169 ve Category Start Rate Year 1 Year 2 Operator II 24.16 25.r0 26.17 Operator I 20.87 21.71 22.59 Schedule "A" Continued Rates - Water/Wastewater Operations Water/Wastewater - Effective J 2009 Water/Wastewater - Effective J 1.2010 Water/Wastewater - Effective J t.20rt Note #1: Minimum Qualihcation for Operator I is OIT for Water Distribution, Wastewater Treatment, and Wastewater Collection. Employees in Operator I job classification shall receive the rates as indicated plus $0.50 per hour per additional certificate level obtained, up to the maximum certificate level required for the Municipality (at January 2009 : Class I Water distribution, Class 2 'Wastewater collection, Class 2 Wastewater treatment). Incumbent employees in Operator I job classification as at January l, 2009 shall receive commencing January l, 2009 an additional $1.00 per hour, on January 1,2010 an additional $1.00 per hour, and on January I, 20lI an additional $0.50 per hour to attain the foregoing certificate compensation. Note #2: Employees move to the Year 1 rate following 2080 regular hours worked, and the Year 2 rate following 4160 regular hours worked. Students will start at the start rate and after 480 hours worked shall progress to the year one rate and after 960 hours will progress to the year two rate. Overall Responsible Operator/Operator in Charge (ORO/OIC) The ORO/OIC may, when absent and unavailable to respond, appoint a qualified individual to act as the ORO/OIC. Remuneration for such duties shall be eighty dollars ($80) per week (or eleven dollars and fifty cents ($1 1.50) per day). ve Category Start Rate Year 1 Year 2 Operator II 24.67 25.63 26.72 Operator I 21.3r 22.16 23.06 ve Category Start Rate Year I Year 2 Operator II 2s.16 26.r4 27.2s Operator I 21.73 22.61 23.52 28 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 127 of 169 LETTER OF UNDERSTANDING BET\ilEEN THE CORPORATION OF THE MTTNICIPALITY OF BAYHAM AND THE CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 35.4 It is mutually agreed and understood between the parties that notwithstanding the provisions of Article 2.0I (c) of the Collective Agreement, Water and Wastewater operations shall continue on a trial basis for the duration of the current Collective Agreement. It is understood that the feasibility of continuing the operation of the Water and Wastewater during the aforementioned timeframe is at the discretion of the Employer. This letter shall be appended to and deemed part of the Collective Agreement. Dated this _ day of ,2009. FOR THE EMPLOYER FOR THE UNION 29 By-Law 2009-043 A By-Law to Authorize the execution of a... Page 128 of 169 THE CORPORATION OF THE MUNICIPALITY OT' BAYHAM BY-LAW NO. 2009-044 A BY-LA\ry TO REGULATE THE DRECTION, CONSTRUCTION AND USE OF MAILBOXES ALONG MUNICIPAL ROAD\MAYS WITHIN THE MI]NICIPALITY OF BAYHAM \ilHEREAS Section 1l of the Municipal Act,2007, S.O. 2001, c.25 as amended provides that a lower tier municipality may pass byJaws respecting Highways, including parking and traffrc on highways; AND WHEREAS the Council of the corporation of the Municipality of BaÈam deems is necessary and expedient to regulate the erection, construction and use ofmailboxes along municipal roads. NOW THEREF'ORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYTIAM HEREBY ENACTS AS X'OLLO\ilS; Section l- Title and Scope l. Short Title This By-Law may be cited as The Municipality of Bayham Mail Box By-law Section II - Definitions 2. The following terms for the purposes of this By-Law have the meaning as stated below: (i) "Municipality of Bayham" means the Council for the Municipality of Bayham (iD means to construct, place, locate, fabricate or alter the characteristics of a mail delivery deposit box along the roadway (iii) "Maintain" means to permit a mailbox or mail delivery structure to continue or to be refurbished (iv) 'Road Authority" means the Municipality of Bayham (v) "Mailbox" includes any receptacle used for the delivery or mail or other like forms of paper communication (vi) "Owner" includes the holder ofa leasehold interest or atenant in possession of the adjoining property Section III- Administration 3. (l) A person seeking to erect a mailbox shall submit an application in writing to the Municipality of Bayham together with: (Ð A sketch of the mailbox to be erected showing: (a) The dimensions and height of the mailbox; (b) The location of the post supporting the mailbox in relation to the center line ofthe road; (c) Any pertinent or unusual characteristics of the mailbox; (d) The dimensions of the post upon which the mailbox is to be affrxed. By-Law 2009-044 A By-Law to regulate the erection, const... Page 129 of 169 -t- (iÐ A description of the property for which the mailbox is intended to serve including Lot and Concession, and approximate distance to a well defined permanent location or populated area. (2) The Public V/orks Manager or his designatB will approve the erection, replacement or remodeling of a mailbox and may impose conditions for compliance with this By-Law (3) The Road Authority is hereby permitted to: (Ð Give notice in writing to any person who fails to comply with the provisions ifthis By-Law and requires such person to remove or alter theJocation or construction of a mailbox within thirty (30) days; (iÐ Dismantle and remove any mailbox at the owner's expense that is not brought into conformity with a notice for relocation or alteration. Section IV - Permitted Location/Construction (i) Only standard wooden posts are to be used, along Municipal roadways to support individual rural mailboxes. These posts shall have a six inch (6") 150 mm top diameter maximum. Such posts shall be erected at the rounding of the shoulder area so that the opening to the mailbox is at the outside edge ofthe shoulder. (ii)Erection of Mailboxes shall conform with the following Canada Post requirements: A rural mailbox shall be: (a) Located along the right hand side ofthe road according to the courier's line oftravel, in a position where the courie¡ can reach and service it from his/her vehicle without being an impediment to pedestrian or vehicular traffic (b) Erected so that: (i) The box is securely attached to a fixed post or cantilever (ii) îfr Oono- of the mailbox is 3.5 feet ( I meter) above the shoulder surface elevation. (iiÐ The front of tlre mailbox shall be a minimum 42" (105 cm) from the travelled portion ofthe roadway. Section V- Notice/Action Regarding non Conformity 5. (1) The Municipality of Bayham shall notifr residents, along Municipal roadways, who have mailboxes supported in a manner which the Municipality of Bayham consider asafetyhazard, in orderto have the supports replaced. (2) The Municipality of Bayham shall require the owner of the mailbox to install a new substitute post support using posts as described in Section IV (i) above. (3) Replacement posts shall be erected in accordance with the requirements as set forth in the By-Law Section VI - Restoration of Damaged Units 6. (1) In the event of repairs or replacement of mailbox supports and/or mailboxes damaged or destroyed by Municipal snowplowing operations, the Municipality of Bayham Public.Works Depafment will repair or replace the post and mailbox only if the plow actually strikes the mailbox and/or post. If however the weight of the snow damages the box and post the Municipality will not be held responsible for the replacement. By-Law 2009-044 A By-Law to regulate the erection, const... Page 130 of 169 Ø In the event of damage to a box or support post no replacement will be made by the Municipality if the owncr had been previously advised of a structure too close to the road or an exotic construction that does not confomr with the specified requi¡ements of this By-Law Section VII - Effective Date 7. (1) The regulations and conditions contained in this By-Law shall become effective upon the day ofthe passing thereof. READ A FIRST, SECOND AI\D THIRD TIME AND F'INÄLLY PASSED TIIIS 2ND DAY OF APRTL,2009. MAYOR CLERK By-Law 2009-044 A By-Law to regulate the erection, const... Page 131 of 169 Page 132 of 169 THE CORPORATION OF'THE MIJNICIPALITY OF BÀYHAM BY-LA\il NO. 2009-045 A BY-LAIV TO DESIGNÄ.TE IIALF'LOAD RESTRICTIONS ON ROADS WITHIN THE BOUNDARIES OF THE MUNICIPALITY OF BAYIIAM WHEREAS Subsection (7) of Section 122 of the Highway Traffic Act, R.S.O. 1990, Chapter H8, as amended provides that the Municipality or other authority having jurisdiction over a highway may by byJaw designate the date on which a reduced load period shall start or end and the highway or portion thereofunder its jurisdiction to which the designation applies: AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to provide for a reduced load period for the protection of certain highways in the Municipality of Bayham. NOW THEREFORE, THE COUNCIL OF TIIE CORPORATION OF THE MUNICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: l. THAT the provisions of Subsections 1,2,3 and 4, of Sectio¡ 122 of the Highway Traffic Act, R.S.O. 1990, Chapter H8, as amended, apply to roads within the boundaries of the Municipalþ of Bayham during the period from the l't day of March to the 30h day of April inclusive, in each and every year. TIIAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED THIS 2I\D DÄY OFAPRIL,2OO9. MAYOR CLERI( By-Law 2009-045 A By-Law to designate half load restrict... Page 133 of 169 Page 134 of 169 THE CORPORATION OF TIIE MUNICIPALITY OF BAYHAM BY-LAW NO.2009-046 A BY-LA\ry TO REGULATE THE REPAIRS AND PAYIVIENTS FOR REPAIRS TO MUNICIPAL PROPERTY \ryITHIN THE CORPORATION OF'TITE MUNICIPALITY OF BAYHAM ALONG THE MUNICIPAL ROADWAYS WHEN DAMAGED BY AN INDIVIDUAL. \YHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that a lower tier municipality may pass bylaws respecting Highways, including parking and traffic on highways; AND WTIEREAS the Council of the Corporation of the Municipality of Bayham deems is necessary and expedient to provide for the recovery of costs for repairs to municipal property along roadways when damaged by individuals. NOW THEREFORE THE COI]NCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS F'OLLOWS; Section 1- Title and Scope l. Short Title This By-Law may be cited as The Municipality of Baþam Cost Recovery By- Law Section II - Definitions 2. The following terms for the purposes of this By-Law have the meaning as stated below: (Ð "Municipality of Bayham" means the Council for the Municipality of BaÈam (iÐ "Erect" means to construct, place, locate, fabricate or alter the characteristics of an sign or municipal property along the roadway (iiÐ "Maintain" means to permit a sign or structure to continue or to be refurbished within the Municipality of Bayham (iv) "Road Authority" means the Municipality of Bayham (v) "Accident" includes any damage done to municipal property either intentional or not (vÐ "Owner" includes the holder ofa leasehold interest or a tenant in possession of the adjoining property Section III- Administration 3. l. A person who has damaged municipal properfy shall report this to the Municipality of Bayham and shall be responsible for repairs or cost of repairs 3. 2. T\e Public Works Manager or his designate will approve the erection, replacement or remodeling of the damage done to municipal properties and may contact outside sources in order to expedite the repairs. 3. 3. The Road Authority is hereby permitted to: (Ð Dismantle and remove the damage done to municipal property as to eliminate any further damage done to either innocent pedestrians or motorists' By-Law 2009-046 A By-Law to to regulate repairs and paym... Page 135 of 169 (iÐ Advise the Police of the damage or if the municipal forces come upon the accident they are to call the Police to advise ofthe accident (iii) Municipal forces will attend the Police dispatch at alater date to obtain the Motor Vehicle Accident Report and upon receipt of the report a letter will be written to the owner of the vehicle or item which has caused the damage. (iv) e (v) The notice shall include an estimated cost of repairs and a date which the owner or owners shall advise the Municipality of Bayham which option they wish to use , either pay for the damage themselves or have the municipality file through the insurance companies Section IV - Permitted Location/Construction 4. (i) Only qualified individuals place the damaged items in order to at the Municipal Act is being fol items are in good working order and no danger exists' (ii) At times it may take a longer than normal timeframe in order to repair damages to municipal property and this shall be permitted as a specialized contractor may be required to fix certain infrastructure of the municipality. Section V - Restoration of Damaged Units 5. (1) Only qualified individuals or individuals hired by the Municipality may repair municipal property to conform with the wishes of the Municipal Act (2) Council has the right to waive the fee for damage to municipal property as well as Council has the right to collect fees for damage done to municipal propeffy as outlined under Section 258 ofthe Insurance Act. Section VI - Effective Date 6. (1) The regulations and conditions contained in this By-Law shall become effective upon the day ofthe passing thereof' READ A tr'IRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2ND DAY Otr'APRrL,2009. MAYOR CLERK By-Law 2009-046 A By-Law to to regulate repairs and paym... Page 136 of 169 THE CORPORATION OX'THE MUNICIPALITY OF' BAYHAM BY-LA\ry NO .2009-047 A BY-LA\il TO ESTABLISH A POLICY FOR WINTER CONTROL FORTHE MUNICIPALITY OF BAYHAM WHEREAS Section l l of the Municipal Ac!200l, S.O. 2001, c. 25 as amended provides that a lower tier municipality may p¿tss by-laws respecting Highways, including parking and traffrc on highways; AND \ryHEREAS the Council of the Corporation of the Municipality of Bayham deems is necessary and expedient to adopt a policy for winter control to ensure vehicular and pedestrian safety. NOW THERET'ORE THE COUNCIL OT'THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLO\ilS; 1. TIIÁ.T the Council of The Corporation of the Municipalþ of Bayham hereby establishes a policy to be known as the "Policy for Winter Control" as set out in Schedule "4" attached hereto and forming part of this byJaw. 2. THAT this ByJaw shall come into full force and effect on the date of its passage. READ A F'IRST, SECOND AND THIRD TIME AND F'INALLY PASSED THIS 2ND DAY OF' APRTL,2009. MAYOR CLERK By-law 2009-047 A By-Law to establish a policy for wint... Page 137 of 169 Winter Control Policy - Municipalitv of Bavham Aoficy for Winter Controf Witfün tfre tul-unicipafit1 of ßqfrøm Mission Statement The Municipality of Bayham will place the vehicular and pedestrian safety paramount in their efforts to fulf,rll their duties in regards to winter control. Purpose The Winter Control Policy will mirror that of the " Minimum Maintenance Standards for Municipal Highways" as outlined in the Municipal Act Responsibility The responsibility of the Public Works Department is to provide snow clearing, and snow removal (in specified areas) for the Municipalities infrastructure of 300 kilometers of roadways. Snow and ice operations may be conducted on a24-hour basis, 7 days a week. The Public Works Department shall attempt to experiment with differing systems to constantly improve their service and shall keep the Municipality of Bayham abreast of any experiments, which are underway. Experiments shall be done in order to stay abreast of changes to the Salt Management Plan and shall also be done in selected areas where little or no accidents may occur. 'We at the Municipality of Bayham will use the information from other municipalities in order to ensure that we are minimizing the risk. On Street Parking Parking in the Municipality of Bayham is regulated by By-Law 2001-111 1) The Public Works Department has placed signs through out the municipality advising of the parking restrictions as well as placing reminder notices on vehicles which continue to park illegally on the roadways thereby interfering with the snow plowing operations. By-law 2009-047 A By-Law to establish a policy for wint... Page 138 of 169 Tlinter ControtcPofiq 2) The Public Works Department will advise the By-Law Officer of any infractions where vehicles are constantly left on the roadway and thereby allowing the By-Law Officer to ticket the offender. Parking Lots Parking lots are presently privately plowed by contractors. By-Laws The Municipality of Bayham will rely heavily on the Highway Traffic Act as the basis of many of the By-Laws, which are to be adopted. Many municipalities have adopted their by-laws from the Highway Traffic Act. - Highway Traffic Act Section 181 - prohibits citizens from placing snow on the roadways or plowing snow across the roadways as this may result in accidents which the Municipality has little or no control unless this Section of the Highway Traffic Act is used Property Damage During the course of operations through any given winter, a certain amount of damage may occur to Municipal and private property. In the event that sod is damaged the Municipality may or may not reinstate the area and if reinstatement is to be done it will be done with topsoil and seed when it is generally practical (generally in April). If the homeowner has items encroaching on Municipal property the Municipality will advise, at their earliest convenience, that these items must have an encroachment agreement or have the item removed from the right of way. In the event the item is damaged the Municipality is not responsible for the reinstatement of the damaged item. If you have advised and the resident continues to leave the item on municipal property the citizenmay be responsible for any repairs to municipal equipment or damage to persons due to the encroachment. Mail boxes shall conform to a Mail Box By-Law Number 2009-0 44 as may be amended. Wooden stakes may be used to mark property or other items but by no means will concrete pillars or a structure that will cause damage to motorists be allowed. By-law 2009-047 A By-Law to establish a policy for wint... Page 139 of 169 'Vlinter C ontro I cPo [icJ Driveway Entrance Clearing It can be expected that snow will be plowed into driveways as a norrnal part of roadway clearing operations. Owners of properties in which the driveway services will be responsible for removal of snow deposited in those entrance. These properties are not allowed to deposit snow onto the municipal roadways and may be charged for such actions. Assistance to Private Property Under no circumstances will a municipal employee be allowed to use a municipal piece of equipment to push, pull or tow a stranded private vehicle from a roadway or parking lot. The employee, if ahazard exists, shall use the two way radio to notifr dispatch of the impending danger. The only times a municipal employee shall clean a private driveway if in the opinion of the foreman or manager more snow was placed in the driveway than in any other driveways and it is unfair to have this resident clear more than their fair share of snow. Roadway Servicing Treatment Guidelines As outlined in the Municipal Act the Municipality of Bayham shall clear roads in accordance to the Municipal Act. That is to say Class L shall be cleared within the specified time period as outlined by the Municipal Act and the remainder of the classifications of roadways shall be cleared down to Class 5 which shall be last to be cleared. Class 5 roadways are generally subdivision roadways or roadways with little traffic. Snow Removal Operations Snow removal shall be done in Port Burwell, Vienna and Straffordville when the banks of the snow become a visibility obstruction for both vehicular and pedestrian traffic. Snow removal shall not be done for favors. I)eparture from Procedure The Municipality of Bayham recognizes that conditions may be so unusual or unexpected that a departure from the general procedures should be authorized. Therefore when conditions warrant the Public Works Department to do so the Chief Administrative Officer or Manager of Public Works may order a departure from the general rules. By-law 2009-047 A By-Law to establish a policy for wint... Page 140 of 169 'Winter C ontro I cPo ficy No Duty or Right Created The purpose of this Procedure is to establish goals for The Municipality of Bayham employees regarding snow and ice control. It is not to be construed to create any duty to any individual, person or entity. This Procedure does not provide any special protection or service to any particular individual or group. No additional rights shall be granted to any individual or entity simply by adoption and enforcement of this Procedure. This procedure may be in effect in total or part, as a result of acts of God, strikes, equipment breakdowns, weather conditions, inadequacy of equipment, provincial or federal regulations, shortage of personnel, and any other unforeseen, uncontrolled or anticipated act. Sidewalk Presently sidewalk clearing is done under contract. By-law 2009-047 A By-Law to establish a policy for wint... Page 141 of 169 1) 2) 3) 4) Qu stions / Ç ene rø t fu t sp ons e I live on Smith St (subdivision street) and I need to get out now. When can I expect the plows to clean my road? A) Ik can sympathíze with your situation Madam/Sir but under the Municipal Act the munícipalíty ís obligated to clear the streets with the highest speed limits and most trffic beþre they start on subdivìsion streets. The crews will be there at their earliest convenience. Well I want out now and I don't really care about Municipal Act. A) We would cleqr the street but I ask you to think about something in the event there were an accident on a Class I road and the attorneys found out we were clearing a Class 5 road beþre a Class I road we would loose our court case. Why do you not have all the men come out a one time and plow all the streets then everything would be done. A) Under Ministry of Labor laws a person is allowed to drivefor only thirteen (t 3) hours then they must have at least eight (8) hours of rest. Also under the regulations a driver may not exceed 70 hours of work in a week so this becomes a logistíc concern to get everyone working and not going over the allotted timeframe. I have plowed snow across the roads for years why now are they telling me that I can not do this. A) Under the Highway Trffic Act Section I8I no one is permitted to plow snow from their driveway or their personal property onto a roadway. The reason being if the municipality has cleaned the road and a motorist comes along the road and hits the snow left on the road an accident may occur. By-law 2009-047 A By-Law to establish a policy for wint... Page 142 of 169 CORPORATION OF'TIIE MT]¡ÛCIPALITY OF BAYHAM BY-LAW NO.2009-050 BEING Ä BY-LAW TO AUTHORIZE THE EXECUTION OF A¡[ EMPLOYMENT AGREEMENT BET\ryEEN TIIE MU¡ICIPALITY AND KRISTAL PITTER WHEREAS the Municipality of Bayham has entered into an Agreement with the Ministry of Health and Long-Term Care turder the "Grow Your Own NP Initiative" for funding support for the position of Nurse Practitioner; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a¡r Employment agreement with Ms. Kristal Pitter, for the position of Nurse Practitioner for the Municipality of Bayham; NOW TIIEREF'ORE THE COUNCIL OF' THE CORIORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS F'OLLOTilS: t. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part of this byJaw between Kristal Pitter a¡rd the Municipality of Bayham. 2. THAT this by-law shall come into full force and effect upon final passing' READ A FIRST, SECOND AND THIRD TIME AND F'INALLYPASSED THIS 2ND DAY oF APRTL,2009. MAYOR CLERK By-Law 2009-050 A By-Law to authorize the execution of a... Page 143 of 169 Page 144 of 169 .l- THE CORPORATION OF THE MT]NICIPALITY OF BAYTIAM BY-LAW NO.2009-051 A BY-LAW TO AUTHORIZE TH.E EXECUTION OT'AN AGREEMENT BETWEEN THE MUNICIPALITY OX' BAYHAM AND EAST ELGIN FAMILY HEALTH TEAM AND TO REPEAL BY-LAWNO.2OO9-026 WIIEREAS the Municipality entered into a Grow Your Own Nurse Practitioner Agreement with Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care (the "Ministry') dated September 1,2006 (the "GYONP Agreement"); AND WHEREAS the Municipality has employed a nurse practitioner under the GYONP Agreement; AND WHEREAS the Municipality is the sponsoring organization under the GYONP Agreement and receive the funding from the Ministry for the Nurse Practitioner; AND IVHEREAS the Municipality seeks a work placement for the Nurse Practitioner and the East Elgin Family Health Team is willing to provide the placement; NOW THEREI'ORE THE COUNCIL OF THE CORPORATION OF'THE MTJNICIPALITY OX' BAYHAM ENACTS AS F'OLLOWS: 1. TIIAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part of this bylaw between East Elgin Family Health Team and the Municipality of Bayham regarding work placement for a Nurse Practitioner. 2. THAT By-law No. 2009-026, enacted March 5, 2009 being a byJaw to authorize an agreement with the East Elgin Family Health Team, be and the same is hereby repealed. 3. AND THAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINÄLLY PÄSSED THIS 2ND DAY OX' APRTL,2009. MAYOR CLERK By-Law 2009-051 A By-law to authorize the execution of a... Page 145 of 169 .2- THIS AGREEMENT made as of the - day of ,2009. BETWEEN: TIIE CORPORATION OF THE MIJNICIPALITY OF BÄYIIAM (hereinafter called the "Municipality") -AND- EAST ELGIN X'AMILY HEALTH TEAM a cotporation incorporated under the laws of the Province of Ontario (hereinafter called the "FHT') WHEREAS the Municipality entered into a Grow Your Own Nurse Practitioner Agreement with Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care (the "Ministry") dated September l,2006 (the "GYONP Agreement"); AND WHEREAS the Municipality is the sponsoring organization under the GYONP Agteement and receives funding from the Ministry for the nurse practitioner; AND WHEREAS Kristal Pitte¡ has been employed by the Municipality as a nurse practitioner (the "Nurse Practitioner") under the GYONP Agreement; AND WIIEREAS the Municipality seeks a work placement for the Nurse Practitioner and the FHT is willing to provide the placement on the terms and conditions herein; NOW TIIEREFORE THIS AGREEMENT \ilITNESSETH that for good and valuable consideration (the receipt and sufficiency ofwhich are hereby acknowledged), the parties covenant and agree as follows: 1. Placement (a) The FHT agrees to provide a work placement for the Nwse Practitioner as of the date first written above for the Term of this Agreement or until its ea¡lier termination (the "Placement"). (b) It is agreed that when providing services through the Placement under this Agreement, the Nurse Practitioner shall at all times remain an employee of the Municipality. At no time shall there be an employment or any other direct contractual relationship between the Nurse Practitioner and the FHT. (c) The FHT shall determine, in its sole discretion, the manner in which the Nurse Practitioner shall be used by the FHT under this Placement, provided that such use is within the scope of the Nurse Practitioner's professional qualifications, and in accordance with the mandate and obligations set out in the Grow Your Own Agreement, and all applicable federal, provincial and local statutes, rules, regulations and professional requirements. The Nurse Practitioner shall be accountable to the FHT for services rendered through the Placement under this Agreement. (d) Subject to the understanding that the Nurse Practitioner, as an employee of the Municipality, will at all times continue to comply with applicable policies of the Municipality, the Nurse Practitioner shall also be subject to and comply with the policies, procedures, guidelines, rules and regulations of the FHT while rendering services through the Placement under this Agreement. (e) The FHT shall provide input into performance reviews of the Nurse Practitioner, if so requested by the Municipality. If, during the course of this Agreement, the FHT becomes aware of actions or omissions relevant to the employment of the Nurse Practitioner, the FHT shall promptly notifu the Municipality and provide reasonable particulars of such occunence. By-Law 2009-051 A By-law to authorize the execution of a... Page 146 of 169 Municipality Obligations (a) As employer of the Nurse Practitioner, during the course of this Agreement the Municipality shall continue to be responsible for the following: (Ð the payment of wages, employment insurance, worker's compensation, tax and pension deductions, vacation pay and all other matters arising out of the normal relationship of employer/employee, with respect to the employment of the Nurse Practitioner; (iÐ the Workplace Safety and Insurance Board (WSIB) fees and the reporting obligations of the WSIB; (iii) formally reviewing the performance of the Nurse Practitioner and addressing any performance concems identihed by the Municipality or the FHT; (i") re-assigning the Nurse Practitioner at the request of the FHT; and/or (v) terminating the employment of the Nurse Practitioner with the Municipality, (b) The Municipality shall notiff the FHT as soon as possible of any situation which affects the Placement of the Nurse Practitioner under this Agreement that the Municipality discovers or of which it becomes aware. Operational Funding (a) The Municipality shall flow in full to the FHT the tunding received by the Municipality from the Ministry for the operating costs related to the Nurse Practitioner under the GYONP Agreement as more particularly described in Appendix A (the "Funding") which remain unexpended after salary, benefit, and overhead expenses are incurred by the Municipality. (b) The Municipalþ shall promptly on receipt of the Funding from the Ministry transfer the Funding to the FHT. Term (a) This Agreement shall be effective as of April 2, 2009 until October 1, 2009 unless terminated ea¡lier in accordance with section 2(b). (b) This Agreement shall terminate immediately on the date upon which the Nurse Practitioner ceases employment with the Municipalþ due to the Nurse Practitioner tendering her resignation to the Municipality or being terminated by the Municipality. (c) The termination of this Agreement shall not affect the liability of the Municipality for amounts due or accruing due to the FHT under this Agreement at the date of termination. Liability for Nurse Practitioner (a) The Municipality shall be solely responsible for any and all losses, payments, damages, claims, penalties, liabilities or expenses (including reasonable legal fees and disbursements) (hereinafter "Losses") resulting from any liability, claim or cause of action of any kind relating to the actions or inactions ofthe Nurse Practitioner. In the event ofany liability, claim or cause ofaction ofany kind againstthe FHT, its directors, officers, employees or contractors, arising out of any action or inaction (or alleged action or inaction) of the Nurse Practitioner, the Municipality shall indemniff the FHT, its directors, officers, employees or contractors, from and against any Losses incurred by them. (b) The Municipality shall indemniff and hold harmless the FHT from and against any and all Losses incurred by the FHT arising out of or resulting from or relating to any action by the Municipality relating to termination, salary continuation, indemnity, notice pay or severance pay or benefrts payable by reason of termination of services of any Nurse Practitioner with the Municipality or termination of the Placement of the Nurse Practitioner with the FHT. By-Law 2009-051 A By-law to authorize the execution of a... Page 147 of 169 -4- General (a) The FHT shall not be responsible or liable for any ofthe obligations or liabilities ofthe Municipality under or in relation to the GYONP Agreement. (b) This Agreement and the Appendix hereto constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understanding, collateral, oral, or otherwise. There are no other agreements among the parties in corurection with the subject matter of this Agreement, except as specifically set forth in this Agreement and the Appendix hereto. (c) This Agreement shall not be amended or modified in any respect except by w¡itten instrument signed by the parties hereto. (d) Neither party hereto may assign this Agreement or any part hereof without the prior written consent of the other party hereto. Subject to the foregoing, this Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors, legal representatives and permitted assigns. (e) No delay or failure of any party in exercising any right or remedy hereunder and no partial exercise of any such right or remedy shall be deemed to constitute a waiver or such right or remedy or any other rights or remedies of such party hereunder, (Ð This Agreement and the rights, obligations and relations of the parties hereto shall be governed by and construed in accordance with the laws ofthe Province ofOntario. (g) This Agreement may be executed in counterparts each of which shall constitute an original and all of which taken together shall constitute one and the same instrument. IN WITNESS 'I^/HEREOF the parties have duly executed this Agreement as of the date first written above. CORPORATION OF THE MT]NICIPALITY OF BAYHAM Mayor Clerk EAST ELGIN FAMILY HEALTH TEAM UWe have authority to bind the corporation By-Law 2009-051 A By-law to authorize the execution of a... Page 148 of 169 5 APPENDIXA operational FLINDING By-Law 2009-051 A By-law to authorize the execution of a... Page 149 of 169 Ministère de la Santé et des Soins de longue durée Renouvellement des soins pr¡maíres Equipe de renouvellement des soins primaires et éqüipes Santé familiale Division de la responsabilisation et de la performance du système de santé 8O Queen Street, 3rd Floor 80, rue eueen, O" étage Kingston ON KZK 6WZ Kingston ON K7K 6W7Tel: 613 650-5444 Tét. : 619 6s0-S444Fax 613650-5440 Tétéc:6196sO-S440 January 14,2008 Municipality of Bayham 9344 Plank Road Straffordville ON NOJ 1Y0 Attention: Margaret Underhill, Planning Coordinator-Deputy Clerk Dear Ms. Underhill: Re: Nurse Practitioner Funding Agreernent under the Grow Your Own Nurse Practitioner ("GYONP") lnitiative - Municipality of Bayham ("Organization") Elgil04 The Ministry entered into an agreement with the Organization dated September 1, 2006 to facilítate the education of a nurse practit¡oner (the .GYONP Agreement"), attached to this Agreement as Schedule "E". Pursuant to the GYONP Agreement, the Ministry, the Organization and the Nurse Practitioner entered into a Return of Service Agreement (the ,,ROS Agreement"), attached to this Agreement as Schedule "F', whereby the Nurse Practitioner agreed to provide Seruices for the Organization for a two-year period following her registration as a nurse practitioner. This letter sets out the terms and conditions governing the funds the Ministry shall provide to the Organization for the Nurse Practitioner's Seruices for the term of the ROS Agreement. Definitions 1. ln this Agreement, the following words shall have the following meanings: "Agreement" means this agreement between the Ministry and the Organization, all schedules attached to this Agreement and any instrument amending th¡s Agreement. Ministry of Health and Long-Term Gare Primary Health Care Primary Health Care and Family Health Teams Health System Accountability and Performance Division @ ontario Elg]104 GYO PCNP Page 1 of 12 By-Law 2009-051 A By-law to authorize the execution of a... Page 150 of 169 - Municipalitv of Bavham ' "Budget" means the budget attached as Schedule "B". i'CNO" means the College of Nurses of Ontarío. "Collaborating Physician" means the physician with whom the Nurse Practitioner enters into an agreement pursuant to subsection 9(d). "Fiscal Period" means: (a) in the case of the first Fiscal Period, the period commencing November 1, 2007 and ending on the first day that is March 31 following the date of this Agreement; and (b) in the case of Fiscal Periods subsequent to the first Fiscal Period, the period commencing on the date that is April 1 following the end of the previous Fiscal Period and ending the following March 31. "Funds" means the funds described in section 3. "Ministry" means the Ministry of Health and Long-Term Care" "Nurse Practitioner" means Kristal Pitter RN(EC). "Nurse Practitioner Records" means all records and documents created by the - Nurse Practitioner in providing the Seruices. "Nursing Act" means the Nursing Act, 1991, S.O. 1991, c. 32. "Organization" means the Municipality of Bayham. "Organization Records" means all records, invoices and other documents. created by or belonging to the Organization that relate to the Funds and the operation of the Program. "Program" means the program described in section I of this Agreement. "Resident" has the meaning ascribed to in lhe Heatth lnsurance Ac[ R.S.O, 1990, c. H.6. "Service Area" means in the Municipality of Bayham. "services" means primary health care seruices that the Nurse Practitioner is authorized by law to perform. Elgi104 GYO PCNP Page 2 of 12 By-Law 2009-051 A By-law to authorize the execution of a... Page 151 of 169 . 'M,lnicipalitv of Bavham ' Jerm 2. This Agreement shall commence on November 1 ,2007 and shall end on October 30, 2OOg unless terminated earlier pursuant to section 21,22 or 24 of this Agreement. The Funds 3. Subject to section 27, the Ministry shall, in each Fiscal Period provide to the Organization the Funds specified in the Budget fo Based upon the repofts provided to the Ministry p Ministry shall, for each Fiscal Period, subsequent approve a budget that shall be deemed: (a) to be the Budget in respect of the succeeding Fiscal Period to which it relates; (b) to replace the Budget for the prior Fiscal Period; and (c) to form Schedule "B" to this Agreement" 4. The Ministry shall make payments to the Organization in monthly instalments: (a) in the amount listed in the Budget; (b) by direct deposit into a bank account designated by the Organization; and (c) on the last business day of each month. 5. lf the Nurse Practitioner does not begin work on the first business day of the month, the Ministry shall prorate the Íirst payment to reflect the time the Nurse Practitioner worked during the first month. 6. The Organization shall only use the Funds to operate the Program in accordance with this Agreement and shall expend the Funds only in accordance with the Budget. 7. The Organization shall not move Funds from one Budget category to another without the prior written consent of the Ministry. ElgilD{ GYO PCÌ{P Page 3 of 12 By-Law 2009-051 A By-law to authorize the execution of a... Page 152 of 169 Municipality of Bavham The Program B. The Organization shall operate a Program for the provision of primary care seruiceı that ensures that Residents ıt tne Service Area, who are patients of the Organization, receive the Seruices of the Nurse Practitioner on a full{ime basis (where fulltime is interpreted to mean a minimum of 35 hours per week, exclusive of absence due to vacation, sickness and other reasons for absence that are reasonably deemed acceptable by the Organization), at times that are commensurate with the needs of the community in the Seruice Area. 9. ln operating the Program, the Organization shall: (a) engage the seruices of the Nurse Practitioner to provide the Seruices; (b) ensure that the Nurse Practitioner is, and continues to be for the duration of the Agreement, a member of the CNO who holds an extended ceñificate of registration under the Nursing Act; (c) ensure that the Nurse Practitioner maintains for the period during which the Nurse Practitioner provides Services, malpractice protection in the amount of not less than $5,000,000 on an occurrence basis; (d) ensure that the Nurse Practitioner enters into an agreement with a Collaborating Physician for the period during which the Nurse Practitioner provides Serv¡ceó, for the purposes of, and io cover the matters outlined in, Schedule "A'; (e) use its best effofts to ensure that the Nurse Practitioner: (i) only provides Seruices for the benefit of Residents; (¡¡) does not charge any Resident any fee for any Seruice; (¡¡i) meets the Nurse Practitioner's professional obligations as described in the Standards for'Consultationwith Physicians by RNECq issued by the CNO; (¡v) provides all Services in compliance with all federal, provincialand municipal laws and regulations, and any orders, rules and by-laws related to any aspect of the Services; (v) keeps and maintains all Nurse Practitioner Records in a manner consistent with generally accepted accounting principles or clerical practices, as the case may be; Elgil04 GYO PCNP Page 4 of 12 By-Law 2009-051 A By-law to authorize the execution of a... Page 153 of 169 . Municipalitv of Bayham ' (vi) maintains all Nurse Practitioner Records and keeps them available for review by the Organization and the MinÍstry for a periodof . seven (7) yéars from the date of the termination or expiry of this Agreement; and (vii) maintains all Nurse Practitioner Records that contain personal information about the people to whom the Nurse Practitioner provides Seruices, in a confidential manner consistent with all applicable laws; (f) continue to contribute to the operation of the Program for the period during which this Agreement is in effect, which contribution shall be satisfactory to the Ministry; (g) keep and maintain all Organization Records in a manner consistent with generally accepted accounting principles or cterical practices, as the case may be; (h) maintain all Organization Records and keep them available for review by the Ministry foia period of seven (7) years from the date of the termination or expiry of this Agreement; (i) allow the Ministry, upon twenty-fou r Q$ hours' notice and during normal. business hours, io enter upon the Oiganization's premises to inspect and_ copy any Organization's Fiecords in tñe possession or under the control of the Organization which relate to the Funds; and ü) acquire all equipment, supplies and seruices (other than Seruices) it purchases w¡th the Funds ihrough a process that ensures the best value for funds expended. Additional Terms and Conditions 10. The Ministry shall be entitled, at any time, to impose such additionalterms or conditions on the Organization that it considers appropriate for the proper expenditure and management of the Funds and the operation of the Program. lnspection and Audit 11. The Ministry's right of inspection in this Agreement includes the right to perform an audit of any kind including a review orêxamination of any aspect of the Program or the Seruices or any Organization Records. 12. To assist the Ministry to carry out its inspection under this Agreement, the Organization shall piovide añy other information to the Ministry reasonably requested by the Ministry. Elgilo4 GYo PCNP Page 5 of 12 By-Law 2009-051 A By-law to authorize the execution of a... Page 154 of 169 Municipalitv of Bavham 13, The purposes for which the Ministry may exercise its inspection and audit rights include:(a) determiníng for what items and purposes the Organization is expending or has expended the Funds; and (b) determining whether the Organization is operating the Program effectively and in accordance with the terms of this Agreement. 14. Nothing in this Agreement shall require the Organization, except as othenruise permitted or required by law, to disclose any personal information, or any personal health information or records to the Ministry. 15. No right conferred upon the Ministry under the Agreement nor any provision of the Agreement shall be construed so as to give the Ministry any control whatsoever over the Organization Records or the Nurse Practitioner Records. Reports 16. The Organization shallsubmit to the Ministry the repofts listed in Schedules "C" and "D", on the dates listed in Schedules "C" and "D", and such other repot'ts as the Ministry may request from time to time. 17. The Organization shall ensure that alt reports are in a foim satisfactory to the Ministry. lndemnification 18. The Organization shall indemnify and hold harmless the Ministry, its officers, employees and agents for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organization including the Organization, arising out of or in any way related to this Agreement. lnsurance 19. The Organization shall put into etfect and maintain forthe period during which the Agreement is in effect, at its own expense, allthe necessary insurance that would be considered appropriate for an organization operating a Program of this kind, including: (a) Commercial General Liability lnsurance, to an inclusive limit of not less than Two Million Dollars ($2,000,000) per occurrence for property damage, bodily injury and personal injury, and including, at least, the following policy endorsements: Elgi104 cYO PCNP Page 6 of 12 By-Law 2009-051 A By-law to authorize the execution of a... Page 155 of 169 . Municipalitv of Bavham ' (i) Her Majesty the Queen in right of Ontario as represented by the Ministry of Health and Long-Term Care, as an additional insured with respect to the operation of the Program provided and the provision of Services under this Agreement; (¡i) a cross-liability clause endorsement; (¡ii) a contractual liability endorsement; and (¡v) a 30 day written notice of cancellation. 20. Upon request of the Ministry, the Organization shall provide the Ministry with proof of insurance. Tenr¡ination 21. Either party, at any time, without reason and without liabitity, cost or penalty, may terminate this Agreement upon giving 90 days'written notice to the other party. 22. The Ministry ffiay, in its sole discretion, without liability, cost or penalty, and without prejudice to any other rights or remedies of the Ministry under this Agreement, any other agreement, at law or in equity, termínate this Agreement immediately upon giving written notice to the Organization if: (a) in the opinion of the Ministry: (i) the Organization breaches any term or condition of this Agreement; (¡i) the Organization is unable to operate the Program; (¡ii) the Organization enters into another agreement with the Ministry for the same or similar purposes; (¡v) the ROS Agreement is terminated; (v) the Organizalion breaches any term or condition of either the GYONP Agreement or the ROS Agreement; (vi) the Nurse Practitioner breaches any term or condition of the ROS Agreement; or (vii) the Nurse Practitioner ceases to provide Seruices for the Organization in accordance with the terms of the ROS Agreement; or if: E,lstl04 GYO PCNP PageT o112 By-Law 2009-051 A By-law to authorize the execution of a... Page 156 of 169 . Municipalitv of Bayham (b) the Organization makes an assignment, proposal, compromise, or arrangement for the benefít of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver; or (c) the Organization ceases to operate. lf the Ministry, in its sole discretion, considers the nature of the breach referred to in section 22(a)(i), section 22(a)(v) or section 22(a)(vi) to be such that it can be remedied and that it is appropriate to allow the Organization the oppottunity to remedy the breach, the Ministry may gÍve the Organization an opportunity to remedy the breach by giving the Organization written notice: (a) of the particulars of the breach; (b) of the period of time within which the Organization is required to remedy the breach; and (c) that the Ministry shall terminate this Agreement: (¡) at the end of the notice period provided for in the notice if the Organization faits to remedy the breach within the time specified in the notice; or (¡i) prior to the end of the notice period províded for in the notice if it becomes apparent to the Ministry that the Organization cannot completely remedy the breach within that time or such further period of time as the Ministry considers reasonable, or the Organization is not proceedlng to remedy the breach in a way that is satisfactory to the Ministry. lf the Ministry has provided the Organization with an oppottunity to remedy the breach, and: (a) the Organization does not remedy the breach within the time period specified in the notice; (b) it becomes apparent to the Ministry that the Organization cannot completely remedy the breach within the time specified in the notice or such fufther period of time as the Ministry considers reasonable; or (c) the Organization is not proceeding to remedy the breach in a way that is satisfactory to the Ministry, the Ministry shall have the right to immediately terminate this Agreement by giving notice of termination to the Organization. 23. Etsi704 GYO PCNP Page I of 12 By-Law 2009-051 A By-law to authorize the execution of a... Page 157 of 169 " Municipality of Bavham ' 25. ln the event of termination pursuant to section 24,lhe effective date of termination shall be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies. Suspension of Fundinq 26. Despite its right to terminate the Agreement pursuant to sections 21,22 and24, the Ministry may choose not to terminate the Agreement and may choose to suspend Funding under the Agreement for such perlod as the Ministry determines necessary and appropriate, Fundinq Upon Termination 27. lf this Agreement is terminated by the Ministry or the Organization (as the case' may be) pursuant to section 21,22 or 24, the Ministry shall: (a) cancelallfurtherFundinginstalments; (b) demand the payment of any Funds remaining in the possession or under the control of the Organization; and (c) demand the payment of monies equalto any Funds used by the Organization for purposes not agreed upon by the Ministry. Fundinq at end of Fiscal Period and Upon Expitv 28. lf, at the end of any Fiscal Period or upon the expiry of the Agreement: (a) the Organization has not spent all of the Funds allocated as provided for in the Budget; or (b) the Organization has used Funds for purposes not agreed upon by the Ministry, the Ministry may demand the payment of the unspent Funds or monies equalto any Funds used for purposes not agreed upon by the Ministry, and the Organization shall pay them immediately to the Ministry. Debts Owing to the Ministrv 29. lf the Ministry demands the payment of any Funds or monies pursuant to this Agreement, ihe amount OemanOeO shatl bô deemed to be a debt due and owing to the Ministry and the Organization shall pay the amount to the Ministry immediately unless the Ministry directs othenivise. Elgi104 GYO PCNP Page 9 of 12 By-Law 2009-051 A By-law to authorize the execution of a... Page 158 of 169 Municipalitv of Bavham 30.The Ministry reserves the right to demand interest on any amount ow¡ng by the Organization at the then current rate charged by the Province of Ontario on accounts receivable. The Organization shall pay the amount demanded by cheque, made payable to the "Minister of Finance", and mailed to the Ministry to the attention of the Manager, I nterd isciplinary Practitioner Prog ram. Acknowledgement 32. The Organization shall acknowledge the support of the Government in all publicly distributed reports and materials and in all advertising and publicity relating to the Program, in a format approved by the Ministry. Notices 33. Any notice, consent, approval or other communication required, permÎtted or contemplated to be given underthis Agreement sh delivered personatly or by courier, sent by certified ¡d mail, or sent by facsimile, addressed to the other p below or at such other address as either party shall later communicate to the other in writing in the manner provided by this section 33. All notices, consents, approvals and other communications shall be addressed as follows: To the Ministry: lnterdisciplinary Practitioner Program Primary Health Care Team B0 Queen Street, 3d Floor Kingston ON K7K 6W7 Attention : A/Manager, East and I nte rdiscipl inaryPhone: (613) 650-5444Fax: (613) 650-5440 To the Organization: Municipality of Bayham 9344 Plank Road Straffordville, ON NOJ 1Y0 Attention : Margaret Underhill Planning Coordinator/Deputy ClerkPhone: (519) S66-5521Fax: (5fg) 866-3SS4 31. Elsi104 GYO PCNP Page 10 of 12 By-Law 2009-051 A By-law to authorize the execution of a... Page 159 of 169 " Municipalitv of Bavham ' 94. All notices, consents, approvals and other communications shall be effective and deemed to have been received:(a) at the time the delivery is made when the communication is delivered personally or by courier; (b) seventy-two (72) hours after deposit in the mail when the communication is sent by certified, registered or postage prepaid mail; or (c) at the time the facsimile is received when the communication is delivered by facsimile. Schedules 35. The following schedules are attached to this letter and form part of the Agreement: (a) Schedule ',A" - Terms of agreement between Nurse Practitioner and Collaboratin g Physician ; (b) Schêdule "8" - Budget; (c) Schedule uOu - Financial Repods; (d) Schedule uDu - Performance Reports; (e) Schedule uE'- Grow Your Own Nurse Practitioner Agreement; and (f) Schedule "F" - Return of Seruice Agreement. Suruival 36. Sections 11,12,19,14,15, 16 (to the extent any repoft has not been submitted in accordance with section 16), 18, 27 , 28,29, 3b, 31 , g6 and 38 shall survive termination or expiry of this ngreement for a period of 7 years from its termination or expiry. Entire Agreement 97. This Agreement together with the attached schedules listed in section 35 constitutes the entäe agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations, agreements and understandÍngs. Elsi104 GYO PCNP Page11ot12 By-Law 2009-051 A By-law to authorize the execution of a... Page 160 of 169 Municipalitv of Bavham Rights and Remedies Cumulative 38. Except to the extent othenruise expressly stated in this Agreement, the rights and remedies of the pafties are cumulative and are in addition to, and not in substitution for, any rights and remedies provided under any other agreement, at law or in equity. Please acknowledge your acceptance of the terms and conditions of this Agreement, by signing both copies of this letter and returning them to the Ministry address identified in section 33 of this Agreement. Yours sincerely, /c/'tkf Laura Pinkney A/Manager, East and lnterdisciplinary On behalf of and with the authority of the Municipality of Bayham, I hereby accept the Signing r for the M of Bayham 5 orized Signing Officer for the Municipality of Bayham Elgi104 cYO PCNP Page '12 o112 By-Law 2009-051 A By-law to authorize the execution of a... Page 161 of 169 Schedule "A." Attached to and forming part of the agreement between the Ministry of Health and long-Term Care and the Municipality of Bayham dated the ... .. .. day of . .. . , . .... 2008. Terms of Agreement between the Nurse Practitioner and the Collaborating Physician The agreement the Municþality of Bayham enters into with the Collaborating Physician(s) shall include clauses: (a) providing that the Collaborating Physician(s) shall provide ongoing professional support to the Nurse Practitioner to enable the Nurse Practitioner io meet the Nurse Practitioner's professional obligations as described in the Støndørdsfor Consultationwith Physícíans by RN(EC)s, issued by the CNO; (b) warranting that the Nurse Practitioner and the Collaborating Physician(s) have established a collaborative working relationship that allows the Nurse Practitioner to provide the Services and to meet the Nurse Practitioner's professional responsibilities as prescribed by law; (c) wauanting that the Collaborating Physician(s) is a member in good standing of the College of Physicians and Surgeons of Ontario; (d) wananting that the Collaborating Physician(s) has and shall maintain for the period during which the Collaborating Physician(s) is engaged by the Municipality of Bayham to provide support to the Nurse Practitioner, membership in the Canadian Medical Protective Association or its equivalent; and (e) providing any ottrer terms necessary to give effect to the obligations of the Collaborating Physician(s) described above. Elgil04 Schedule A By-Law 2009-051 A By-law to authorize the execution of a... Page 162 of 169 Attachment (I) I Municipality of BayhãmSummary GYO NpFundingtr'or the PeriodSenfanl.o- 1 'r^Íta ¿^ ^^¿^L -- ô{ (1) Approvetl Budget September L,2006 To March 31,2007 (TMonths) Q) Approverl Budget April 1,2007 To August 31, 2007 (5 Months) (3) RN Interim Funding I September 7,2007 To October 31,2007 (2 Months) lN Salary Fundine $ 30.948 $ 22,105 $ 8.842 $ 30.947 $ 6i.895 (ü)Benefits @ 26Vo 8,050 5.750 2.300 8.0s0 1 6.100 fiii)RN Education Funding (Iuition + Expenses) 2 11,500 11,500 $ 1 1,500 tiÐ'r $89;Ags I RN Interim Funding September & october 2007 - RN salary & Benefits: Annual salary $53,053 (2 monrhs @ $4,427leachplus benefits @ $1,I50/each)2 RN Education Funding - approved one-time funding of $10,364 (Tuition @ $3,502 plus Other Educarion Costs @ $6,g62) deposited November 30, 2007. Elgil04 GYO NP 2007-08 Budget Template GYO NPFunding By-Law 2009-051 A By-law to authorize the execution of a... Page 163 of 169 Attachment (I! Prímary Care Nurse Practítíoner Funilíng Altocatì.on Municþality of Bayha:nPrimary Care Nurse Practitioner Funding Request Maximum funding allocation of $116,650 and is to provide for each NP salary and benefit costs, and a portion of overhead expenses. Any additional costs beyond the maximum allocation of $116,650 will need to be planned for by the organi2¿fis¡. . Nurse Practitioner maximum annual salary funding level of $85,320. . Benefits inclusive of statutory employee benefits (e.g. CPP, EI, etc) . Overhead Expenses exclusive of funding contribution(s) and/or in kind resources received from community and orlorganization. t Norr" Practítíoner Date of Híre - November 1, 2007 Elgi104 GYO NP 2007-08 BudgetTemplate 0708 Budget Request By-Law 2009-051 A By-law to authorize the execution of a... Page 164 of 169 M¡nlstry of Health and Long-Term Care Primary Health Care Health System Accountability and Performance Division B0 Queen Street, 3d Floor Kingston ON K7K 6l 17Tel: 6'13-536-3200 Tollfree: 1-866-766-0266Fax: 613536-3222 Ministère de la Santé et des Soins de longue durée Équipe de renouvellement des soins prímaires Division de la responsabilisation et de la performance du système de santé 80, rue Queen, 3" étage Kingston oN K7K 6Vw Té1. : 613 536-3200 Sans frais : I 866 766-0266 Téléc.: 613538-3222 Ministry of Health and Long-Term Care Interdisciplinary Practitioner Program 80 Queen Street, 3'd Floor Kingston ON K7K 6W7 i *.,i.i dì I ' lr . i :) u January 16,2009 The Municipality of Bayham 9344 Plank Road Staffordville ON NOJ 1Y0 r+i6i_i _r'' iI'. Attention: Margaret Underhill, Planning Coordinator, Deputy Clerk Dear Ms. Underhill: Re: Agreement between the Ministry of Health and Long-Term Care (the "Ministry") and The Municipality of Bayham (the "Agreement") - ELGI104 Further to our letter of October 1, 2008,this shall serve to confirm that the Ministry has amended the 2008-09 Budget and Financial Reports to reflect the base funding level increase of $3,500 from $116,650 to $120,150 effective April 1,2008. The new maximum Nurse Practitioner salary level has been increased by 2.25% from $85,320 to $87,240, and funding related to benefit and overhead costs has been increased by a total of $ 1,580. Therefore, the Agreement is amended as follows: 1. The Budget in Schedule "8" is deleted and replaced by the Budget enclosed with this letter; and 2. The Financial Report in Schedule "C" is deleted and replaced by the Financial Report enclosed with this letter. Except for the amendments set out hereir¡ the terms and conditions of the Agreement remain in full force and effect. Please revie\¡/ these amendments to ensure that they are consistent with your understanding of the Agreement with the Ministry. Please sign both copies of this letter and return one copy to: 4461-02-6 (06/ll) l2 By-Law 2009-051 A By-law to authorize the execution of a... Page 165 of 169 a The Municipality of Bayham 'V/e would also like to take this opportunity to remind you that section 6 of the Agreement requires your orgaruzation to expend funds onlyin accordance with the approved budget. Further, section 7 prohibits thã movement of funds from one budget category to a¡other unless prior written approval is given. With respect to the submission of quarterly reports, section 16 of the Agreement requires your orgarization to submit them in accordance with the due dates listed in Schedule C "Financial Report" and Schedule D "Perforinance Report". An electronic version of the Performance Report canbe made available upon your written request. If you have any questions please contact Angela Bearance at Angela.Bearance@ontario.ca or call 613-6s0-5438. Yours sincerely, *Ç".ffiaacç Salaried Models and Programs Unit On behalf of and with the authority of The Municipality of Bayham, I hereby agree to the above noted amendments to the Agreement. Date Enclosures: Schedule "8" 2008-09 Revised Budget Schedule *C'2008-09 Revised Financial Report By-Law 2009-051 A By-law to authorize the execution of a... Page 166 of 169 Attached to ánd forming part of the Agreement between the Ministry of Health and SchedulerrB?'Long'Term ca¡e and rhe Municipality of Bayham dated the 25th dayof January 200g.F ^ Revised Budgetor the Fiscal Period Expenditure Categories 2008-09 Base Funding Allocation 2008-09 Base Funding Increase approved Budget April l,2008 To March 31,2009 r)$ 85.320 $ r,920 $ 87.240 iÐ 22,184 498 22,682 iiÐ 9,146 1,082 10,228 'iv)$ 1t6'650.s 3c500 $ 120J50.00 ':ù_" n :;rliì &i)'i,s " i,zzt $ 291;67 $ 10,012.50 I Total Approved Funding - maximum annual firnding allocation increased by $3,500 from $116,650 to s120,150 effective April 1, 200g.. NP Salary'mæ<imum annual salary funding level increased by 2.25o/ofrom $g5,320 to 5g7,240. 2 Retroactive funding of $2,625.03 owing for the period April 1, 2008 to December 31, 2008 (9 months x $291.67) to be deposited in conjunction with the revised January 30, 2009monthly payment of $ 10,012.50 for a total deposit of $ 12 ,63i- .53. 3 Subsequent monthly payments to be deposited in the amount of $10,012.50 unless otherwise notified. Elgit04 0809 Revised Budget.xls Sched B Revised Budget By-Law 2009-051 A By-law to authorize the execution of a... Page 167 of 169 Attached to and forming part of the Agreement between the Ministry of Health and Long-Term ca¡e and rhe Municipality of Bayham dated the 25th day of January 200g.Revised tr'inancial Reporttr'or the Fiscal periorlApril 1,2008 to March 31,2009 MOHLTC Revised Budget April 1,2008 To March 31,2009 Aprl'Jun3o i Jull-sep3o iffiDueioueiouei¡o. July31,2008 i October31,2008 i January31,2009 i a.prit30,2009 April 1,2008 To March 31,2009 I Expenditures - report actual expend.itures that are related to Ministy funding only. identified and reported in the section below. ln Kind Funding Contribution(s) and/or resources received aom the community and/or organization are to be separately Please complete the above i in accordance with the due date to: Ministry of Health and Long-Term Care Interdísciplinary Practitioner Program, Prímary Health Care Team 80 Queen Street, 3rd Floor Kingston ON K7K 61il7 Approved By: Elgil04 0809 Revised Budget.xls Sched C Revised Fin Report Dated: By-Law 2009-051 A By-law to authorize the execution of a... Page 168 of 169 THE CORPORATION OF'THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2009-048 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COT]NCIL OFTHE CORPORATION OF THE MIJNICIPALITY OF BAYIIAM F'OR TIIE REGULAR MEETTNG HELD APRrL 2,2009 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WIIEREAS under Section 5 (3) of the Municþal Act, 2001, the powers of Council are to be exercised by by-law; AND \ryHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF'TIIE MI]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THÄT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held Apt1l2,2009 is hereby adopted and confirmed as if all proceedings were expressly embodied in this byJaw. 2. THAT the Mayor and Clerk of the Corporation of the Municþality of Bayham are hereby authorized and directed to do all things necessary to give eflect to the action ofthe Council including executing all documents and afñxing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and fìnally passed this 2nd day of April 2009. MAYOR CLERK By-Law 2009-048 A By-Law to confirm all actions of Counc... Page 169 of 169