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December 21, 2017 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 21, 2017 7:00 p.m. 7:30 p.m. — Public Meetings —Planning/Zoning Applicant A—Southwick Applicant B — 0830513 BC Ltd. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS / PRESENTATION A. Paul Shipway, CAO I Clerk, Municipality of Bayham re 2016 Municipality of Bayham Asset Management Plan 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held December 7, 2017 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report BL-03/17 by Randy White, Fire Chief I By-Law Enforcement Officer re Proposed Burning By-law 2017 Council Agenda December 21, 2017 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re 5149 Clark Road B. Notice of Public Meeting re 57401 Heritage Line C. Committee of Adjustment Decision re 44 Oak Street 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-72/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re Petition for Drainage from Mr. Chad Underhill B. Report DS-73/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E12/17 Csinos Farms Limited - Condition Re: Land Conveyance C. Report DS-74/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Site Plan Agreement Max Underhill Farm Supply— Request Second Extension 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Report to County Council re Elgincentives 2017 Year End Review B. Long Point Region Conservation Authority Board of Directors Minutes of meetings held November 1, 2017 and November 16, 2017 11.1.2 Requiring Action A. Caron and Jim Wiedrick re Discharging of Firearms 11.2 Reports to Council A. Report CAO-80/17 by Paul Shipway, CAO I Clerk re Lifesaving Society— Blue Flag Beach Audit B. Report CAO-81/17 by Paul Shipway, CAO ICIerk re Capital Item PW-5 Springer Hill Rd. C. Report CAO-82/17 by Paul Shipway, CAO Clerk re Council Code of Conduct D. Report CAO-83/17 by Paul Shipway, CAO Clerk re Procedural By-Law (Procedural By- Law No. 2018-005 will be presented to Council for consideration at the regular meeting scheduled for January 4, 2018) E. Report CAO-84/17 by Paul Shipway, CAO I Clerk re Advisory Board & Committee Policy 2017 Council Agenda December 21, 2017 F. Report CAO-85/17 by Paul Shipway, CAO Clerk re Municipality of Bayham Personnel Policy Manual G. Report CAO-86/17 by Paul Shipway, CAO Clerk re Doors Open East Elgin 12. BY-LAWS A. By-Law 2017-120 Being a By-law to authorize the execution of an agreement between The Municipality of Bayham and Johnston Bros. (Bothwell) Ltd. (This Bylaw follows the recommendation made in Report CAO-76117 during the regular meeting of December 7, 2017) B. By-Law 2017-121 Being a By-law to Regulate Fires in The Municipality of Bayham (This by-law follows the recommendation made in Report BL-03117 by Randy White Fire Chief By-Law Enforcement Officer during the regular meeting of December 21, 2017) C. By-Law 2017-122 Being a By-law to Authorize the Execution of an Agreement between The Municipality of Bayham and Gary D. Robinson Contracting Ltd. (This by-law follows the recommendation made in Report CAO-81117 by Paul Shipway, CAOI Clerk during the regular meeting of December 21, 2017) D. By-Law 2017-123 Being a By-law to Adopt a Code of Conduct Policy for Council and Local Boards to Promote Accountability and Transparency in Municipal Governance (This by-law follows the recommendation made in Report CAO-82117 by Paul Shipway, CAO Clerk during the regular meeting of December 21, 2017) E. By-Law 2017-124 Being a By-law to Appoint Independent Resolutions Incorporated as the Integrity Commissioner & Closed Meeting Investigator for The Municipality of Bayham Pursuant to Sections 8, 9, 10, 11, 223.3 & 239.2 of The Municipal Act, 2001, S.O. 2001, C.25 as amended (This by-law follows the recommendation made in Report CAO-82117 by Paul Shipway, CAO I Clerk during the regular meeting of December 21, 2017) F. By-Law 2017-125 Being a By-law for the Use, Protection and Regulation of Public Parks and Recreation Areas in the Municipality of Bayham (This by-law follows the recommendation made in Report CAO-78117 by Paul Shipway, CAO I Clerk during the regular meeting of December 7, 2017) G. By-Law 2017-126 Being a By-law to Establish an Advisory Board and Committee Policy (This by-law follows the recommendation made in Report CAO-84117 by Paul Shipway, CAO 1 Clerk during the regular meeting of December 21, 2017) H. By-Law 2017-127 Being a by-law to Adopt a Personnel Policy Manual (This by-law follows the recommendation made in Report CAO-85117 by Paul Shipway, CAO I Clerk during the regular meeting of December 21, 2017) 13. UNFINISHED BUSINESS A. Long Point Region Conservation Authority 2018 Draft Budget re Backus Heritage and Education Services 2017 Council Agenda December 21, 2017 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017-129 Being a By-law to confirm all actions of Council 16. ADJOURNMENT PSD MUNICIPALITY OF BAYHAM ASSET MANAGEMENT PLAN HA A 1{ K ' / • 9 1 PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwAQE INTF.LLIGF.NCE FOR TIIL PUBLIC SF.f.TOR.0 $0FiW►Rf$+3W iEpN$ A DNIWx OF KD A DIVISION OF PSD Heniiy IaYa 7 Key Questions of Asset Management The report is be based on the seven key questions of asset management as outlined within the National Guide for Sustainable Municipal Infrastructure. What do you own and where is it? (inventory) What is it worth? (valuation / replacement cost) What is its condition / remaining service life? (function & performance) What needs to be done? (maintain, rehabilitate, replace) When do you need to do it? (useful life analysis) How much will it cost? (investment requirements) How do you ensure sustainability? (long-term financial plan) PUBLIC SECTOR DIGEST OCITYWIDE RAC *YHAA, sorWnaF INTELLIGENCE FOR TI1E PUBLIC SECTOR.® $OFSWARE$0LUfIONS n orviswN Or v D A OIVISI ON OF PSG o a., Asset Management Discipline It involves: ✓ Processes, procedures and practices to assist and define the management of infrastructure ✓ Achieving total lowest cost of ownership Established measures for performance, risk and cost PUBLIC SECTOR DIGEST SAY OCITYWIDE RAC SOFTWARE -- INTELLIGENCE FOR TIIF PUBLIC 5F:CTIJR.® SOFTWARE Si]W BONS n DIVIWN or v D A OIVISIDN©F M o`' Asset Management Discipline It includes: ✓ A sophisticated and coordinated effort ✓ A multi - disciplined team ) ✓ Ultimately public engagement and input ' lip PUBLIC SECTOR DIGEST OCITYWIDE R A C soFrWnaF Y INTELLIGENCE FOR TIIF PUBLIC SECTOR.0 $OFSWARE$0LUfIONS n DIVIWN OF v D A DIVISION©F PSD o a., AMP2016 The Asset Management Plan for the Municipality of Bayham 2016 The 2016 Asset Management Plan for the Municipality of Bayharn 90BHrFrED BYTHE PI IRI Ir-W-('M.R OICESF INC.(PSD) VYWWPUBLIESE=MGESFDD 7 QECE7�2017 PUBLIC SECTOR DIGEST OCITYWIDE RACY so�rwn.RF � 1N'1'I-IL.ICF.NCE FOR THE PURI.IC SF.CTOR.O SOFTWARE SOLUTIONS A0WJWN OF KD A DIVISION OF PSP R a.,miry Ito"` Municipality of Bayham - 2016 Asset Replacement Value Total Valuation: $104.6 Million Page 19 Machinery&Equipment:$1.146,200(1.1I0%) Land improvements;$1,397,696(1.34%) Bridges&Culverts:$3,449,000(3,30%) Vehicles:$5,391,000(5.15%) Buildings:$5,869,717(5.61?�) Road Network: $31,986,056(30.58%) Water Network:$9,631,753(9.21%) Storm Water Network: $19,000,000(18.16%) Sanitary Sewer Network:$26,735,576(25.56%) PUBLIC SECTOR DIGEST OCITYWIDE RAC *YHAA, sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.0 SOFTWARE SOLUTFONS A ON19ON OF KD A DIVISION OF PSD oppo, ya,pe• Historical Infrastructure Investment Page 22 28,000,0.00 20,000.000 24,000,000 22,.000,00.0 20.000.00.0. 1 8,000,00.0 1 6,000,000 14,000,000 1 2,000,000. 1 0.000.000 8A00,0.00 6,000,0.0❑ 4,000.040 2,000,000 0 O <+i O <' O �'i Cq �i d cNi• c5 <+i G Bridge=_&Culverts E Buildings E Land Imp—rnenrs M—hi—ry S Equipmer- Road Nemork N Sanitary Sewer Nerwork E Storm Water Network t Vehicles W Water Net Using 2016 replacement costs, Figure above illustrates the historical investments made in the asset classes analyzed in this AMP since 1950. Often, investment in critical infrastructure parallels population growth or other significant shifts in demographics; they can also fluctuate with provincial and federal stimulus programs. Note that this graph only includes the active asset inventory as of December 31 , 2016. PUBLIC SECTOR DIGEST �AYHA OCITYWIDE RAC sorrwARE INTELLIGENCE FOR TIIL PUBLIC SF.f.T08.O $6FiW►Rf$+3W iEpN$ _ A ON19Ox OF rsu A DIVISION OF PSD =R ¢ " State of the Infrastructure Report A New Way of looking at the same Infrastructure W - 1• 1 • - -,�''s � � � GYP -� S•..., . l+ rY r ev �f rd-P, s 1 f _ s 1 PUBLIC SECTOR DIGEST BAYr OCITYWIDE RAC sorrwARE INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.M $6FiW►Rf$+3W iEpN$ x ON19ON OF KD A DIVISION OF PSD e� �Henity IaYa Road Network Page 30 Asset Type Asset Component Quantity Useful Life (Years) 2016 Unit Replacement Cost 2016 Overall Replacement Cast Road Base 190.31;11) 50 Costlunit S 17.769,263 RoadSurface-Asphalt 37,71ni 25 Cost/Unit $3,524,238 Road Surface-Gravel 44.11 n) 20 Cost/Unit 4.117.838 Road Network Road Surface-Tar&Chip 97.5kn) 15, 25, 50 Cost/Unit 3,517,313 Roads Guardrail 0.71-n) 20 Cost/Unit 28.000 Sidewalks 17958ni 50 Cost/Unit $2,691,006 Streetlights 428 20 Cost/Unit 342,400 Total $31,986,056 PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.M SOFTWARE SOLUTFON$ a0WJWN OF rs0 A DIVISION OF PSD 0 a., •m.iq z.tod`. Road Network Pages 31 Roads Guardrail: $28,000(0.09%) Streetlights:$342,400(1.07%) Sidewalks:$2,691,006(8.41"%) Road Surface-Tar& Chip:$3,517,313(11.00%) Road Surface-Asphalt: $3,520,238(11.01%) Read Base: $17,769,263(55.55%) Road Surface-GraveL $4,1 17,838(12.87%) PUBLIC SECTOR DIGEST OCITYWIDE RAC i sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.M SOFTWARE SOLUTFON$ a0WJWN OF rs0 A DIVISION OF PSp 0 a., •m.iq z.�tod`. Road Network Historical Investment Pages 32 5,500,000- 5,000,000- 4,500,000- 4,000,000- 3,500,000- 1000,000- 2,500,0,00- 2,000,000- 1,500,000- 1,000,0100- 500,000 01 LD Q) 196 415 111� 111� 1� Road Base Road Su I-Face-Asphalt Road Surface Gravel Road Su-face Tar&Chip Roads Guardrail ESidewalks MStreetliS-its Investments in the municipality's road network have grown since 1960 with a large increase in the 1970s. In the early 2000s, the period of largest investment, $5 million was invested with over $2 million put into road bases. PUBLIC SECTOR DIGEST OCITYWIDE RAC INTELLIGENCE FOR THE PUBLIC SECTOTLO SOFTWARE SOLUTiONS A 0WJWN OF KD A DIVISION OF P$D Road Network Condition Page 34 Very Good:$0(0.00%) Good:$3,244,306(10.14%) Based on assessed condition data, 10% of assets are in good to very good condition while 69% are in poor to very poor condition with a valuation of Fair:$6,644,488(20.77%) $22 million. Very Pear:$-16,446,425(51.42%) Poor: $5,650,838(17.67%) PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.M SOFTWARE SOLUTFONS a0WJWN OF rs0 A DIVISION OF PSD 0 a., •m.iq z.tod`. Road Network Forecasted Needs Page 35 12,000,000 11,000,000 - 10,000,000 9,000,00a a,000.000 I 7,000,00a 6.0oo,00rl s,000.000 4,000,000 3,000,000 -- 2.000.000 1,000,000 O ■Road Base ■Road SurFace-Asphalt 0 Road Su,-Face-Gravel :0 Raad Surface-Tar&C.nip M Roads Guardrail E Sidewalks MStreeclighcs In addition to a backlog of$11.2 million, replacement needs are forecasted to be $1.1 million in the next five years; an additional $1.5 million is forecasted in replacement needs between 2022-2026. The municipality's annual requirements (indicated by the black line) for its road network total $1 million. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the municipality is currently allocating $630,000, leaving an annual deficit of$370,000. PUBLIC SECTOR DIGEST SAY '' OCITYWIDE R A C sorrwnae _, INTELLIGENCE FOR TIIL PUBLIC SF.f.T08.O SOFTWARE SOW IipNS aar JWN OF rsu A DIVISION OF PSD o ury i.vn+`n Bridges & Culverts Network Pages 37-38 Culvert:$274,000(7.9 %k Asset Type Asset Component {quantity Useful Life (Years) 2016 Unit Replacement Cost 2016 Overall Replacement Cost Bridges 7 0 User-Refined Cost Bridges �Culverts $3`175'000 Culverts 9 40 User-Defined Cost $274,000 Total $3,449,000 PUBLIC SECTOR DIGEST SAY '' OCITYWIDE RAC sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.M $6FiW►Rf$+sW iEpN$ a0WJWN OF rs0 A DIVISION OF PSD 0 --- Bridges & Culverts Network Historical Investment Page 39 s00,00a 600,000 400,00a 200,0oo 0 Bridge MCulverc The municipality has invested sporadically in its bridges and culverts since 1950. In the early 2000s, the period of largest investment, $1.3 million was invested with $1.25 million put into bridges. PUBLIC SECTOR DIGEST SAY OCITYWIDE RAC sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.O SOFTWARE SO W f Ip N 5 a0WJWN OF rs0 A DIVISION OF PSD 0 ury i,yn+`' Bridges and Culverts Condition Page 41 Very Good: $1,327,000(38,47%) Very Poor: $1,530.000(44.36%) Age-based data indicates that while 40% of the municipality's bridges & culverts are in good to very good condition, 60%, with a valuation of $2 million, are in poor to very poor Good:$57,000(1.65%) condition. Fair:$0(0.00%) Poor. $535,000(15.51°Y�) PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOTLO SOFTWARE SOLUTFONS a0WJWN OF rs0 A DIVISION OF PSD •m.iq z.tod`. Bridges & Culverts Network Forecasted Needs Page 42 1,600.000 1,400,000 1,200,000 1,000,000 800.000 600,000 400,000 200,000 0 MC_ilvert ■Bridge In addition to a backlog of$1.5 million, replacement needs will total zero in the next five years, however $535,000 will be required between 2022 and 2026. The municipality's annual requirements (indicated by the black line) for its bridges & culverts total $86,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. The municipality is currently allocating zero funds, leaving an annual deficit of $86,000. PUBLIC SECTOR DIGEST SAY OCITYWIDE RAC sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.O SOFTWARE SO W f Ip N 5 a0WJWN OF rse A DIVISION OF PSD e ury i,yn+`' Water System Page 43 016 Unit Replacement 201o6 Overall Bisset Type Asset Component Quantity Useful Life [Years] Cost Replacement Cost Curie Stops 750 35 User-[defined Cost $600,037 Fire Hydrants 83 35 User-Defined Coast $361,868 Water Mains (38mm) 0.0 krn 100 User-Defined Cost $10.951 Water Mains (50mm) 0.65km 100 User-[defined Cost $188,653 Grater Mains (15�Ornm) 16.51€�n 100 User-Defined Cost $3,290 295 Water stem Water Mains (2.0Ornm) 3.8km 100 User-[defined Cost $1,074,705 Water Ma ins (2 5 Drum) 10.82km 100 User-D.&fned Cost $3,067,598 Water Treatment Plant 23 20. 50. 70 User-Defined Cost $277,658 Water'Val yes 119 35 User-Defined Cost $277,183 Water Facilities 2 70 User-Def:roed Cost $80,805 Water Meters 832 35 User-D-fined Cost 402,000 Total S9,631,753 PUBLIC SECTOR DIGEST SAY OCITYWIDE RAC sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.0 $6FiW►Rf$+3W iEpN$ A ON19ON OF KD A DIVISION OF PSD v y i.YJ`z Water System Valuation Page 44 Water Facilities: $80,805(0.84%) Water Valves: $277,183(2.88%) WaterTreatrnent Plant: $277,658(2.88%) Fire Hydrants: $361,868(3.76%) Water Meters:$402.000 (4.17%) Curb Stops:$6€0,037 (6,23%) Water Mains: $7,632,202(79,24 ), PUBLIC SECTOR DIGEST OCITYWIDE RACY sorrwnaF INTELLIGENCE FOR PIT,PUBLIC SECTOR.0 SOFTWARE SOLUTFONS A ON19ON OF KD A DIVISION OF PSD oppo, yak' Water System Historical Investment page 46 4,000,oao .5o0,000 z,000=o 1,500,oao 1,000,aaa 500X0o 0 Curb Stops E Fire Hydrants 0 Water Facilities Water Mains M Water Meters M Water Treatrnent F1ar. E VVaterValves Investments in the water system have been sporadic since the 1950s. In the 1970s, the period of largest investment, $7 million was invested in the water systems with the whole amount put into watermains. PUBLIC SECTOR DIGEST SAY '' OCITYWIDE RAC sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.O SOFTWARE SO W f Ip N 5 A ON19ON OF KD A DIVISION OF PSD o — Water System Condition Page 48 Very Poor:$C3(0.00%) Very Goad:$0(0.00%) Poor; $0�0.00�6) Good, $2.600.12�1(27.00i°JD) Based on assessed data, 27% of assets are in good to very good condition while 73%, with a valuation of $7 million, are in fair condition. Fair:$7,031,629(73.00%) PUBLIC SECTOR DIGEST fOCITYWIDtRAC E SOiiWARE 1N'1'I(LI If EACE FOR TIIE PURLI{ W11TOR 0 SOFTWARE SOLUTIONS n DNIMON OF v D AD IVISION OF PSD o aq •m.ur i,loa`, Water System Forecasting Needs Page 49 1,800,600 1,600A00 1,400,000 1,200,000 1,000,000 - 800,000 600:000 400.000 200,00a a o P h M Curb Stops M Water Treatment Plant MWaterMains �..e iydrants w Water'Meters M Water Valves Assessed condition data shows no backlog and no replacement needs for the next 15 years. The municipality's annual requirements (indicated by the black line) for its water system total $136,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the municipality is currently allocating $173,000 toward the water network leaving an annual surplus of $37,000. PUBLIC SECTOR DIGEST SAY OCITYWIDE R A C sorrwna INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.M SOFTWARE SO W f IO N$ A DIVISION Or KD A DIVISION OF PSD D ury i.vn+`n Wastewater Systems page 51 Asset Type Asset Component Quantity Useful Life (Years) 201.6 Unit Replacement 2016 Overall Cast Replacement Cast Sanitary Sewer Mains (SOnuu) 1.2km 100 User-Defined Cost $516,923 Sanitary Sewer Mains (100mm) 5.05km 100 User-Defined Cost $2,143,808 Sanitary'Sewer Mains (150mm) 0.8km 100 User-Defined Cost $296,091 Sanitary Sewer Mains (2.00mm) 23.19km 100 User-Defined Cost $9,794,749 Sanitary Sewer Mains (250mm) 9.8km 100 User-Defined Cost $4,474,112 Wastewater Sanitary Sewer Mains (300mm) 0.26km 100 User-Defined Cost $94,193 Systems Sanitary Sewer Mains (350mm) 4.35km 100 User-Defined Cost $1,466,750 Sanitary Sewer Valves 42 35 User-Defined Cost $138,617 Wastewater Equipment 35 15, 20, 25 User-Defined Cost $392,289 Wastewater Facilities 29 20, 25,40, 50, 75 User-Defined Cost $7,348,044 Wastewater Vehicles 2 10 User-Defined Cost $70 000 Total S26,735,576 PUBLIC SECTOR DIGEST fOCITYWIDt RAC j SOiiWARE 1N'1'I(LI If EACE FOR TIIE PURLI{ W11TOR 0 SOFTWARE SOLUTIONS n DNIMON OF v D AD IVISION OF PSD °n Wastewater Systems page 52 Wastewater Vehicles:$70rOOO(0.26%) Sanitary Sewer Valves: $138,617(0.52%) Wastewater Equipment:$392,289(1.47%) Wastewater Facilities:$7,348,G4-4(27.48%) Sanitary Sewer Mains:$18,786,626(70.27%) HAk PUBLIC SECTOR DIGEST OCITYWIDE RACY sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.0 SOFTWARE SOLUTFONS A ON19ON OF KD A DIVISION OF PSD oppo, ya,pe• Historical Investment Wastewater Systems page 52 22,000,000 20,000,000 18,000,000 16000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 4000,GDG 0 Sanitary Sewer Mains E Sanitary Sewer Valves M Wastewater Equipment Wastewater Facilities Wastewater Vehicles Major investments into the municipality's wastewater assets began in the late 1980s. Investments then fluctuated and peaked in the early 2000s at $22 million. During this time $15.8 million was put into sanitary sewer mains. PUBLIC SECTOR DIGEST SAY '' CITYWIDE R A C sorrwnRE INTELLIGENCE FOR PIT,PUBLIC SECTOR,0 SOFTWARE SOLUTFONS A ON19ON OF KD A DIVISION OF PSI) o -- Condition Wastewater Systems Page 55 Very Poor:$871127(3,26%) Very Gaud:$0(0:00%) Poor:$2,034,857(7.61%) Fair:$5,415,575(20.26%) Assessed data indicates that 69% of the assets are in good to good to very good condition, while 11%, with a valuation of $3 million, are in poor to very poor condition. Good: $18,414,018(6$.87%) PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.O SOFTWARE SOLUTFONS A ON19ON OF KD A DIVISION OF PSD o a., •m.iq z.t.d`. Forecasting Needs Wastewater Systems page 57 3.,500,000 3.000.000 2.500.000 2,000,000 1,500,000 1=0.000 500,000 0 � � 'L� •u Mom. rh Off^ 'R ^i 4,°i �O ryb ry0 b �b Cy �6 G'y b b Wastewater Vehides M.S--y5—,Va1ues Wasxew —F—ktte Wastewater Equipment In addition to a backlog of$456,000, replacement needs are forecasted to be $444,000 in the next five years, and an additional $1.2 million will be required from 2022 to 2026. The municipality's annual requirements (indicated by the black line) for its wastewater assets total $420,000. At this level, funding would be sustainable and replacement needs could be met as they arise without the need for deferring projects. The municipality is currently allocating $423,000 towards the Sanitary Sewer Network creating an annual surplus of$3000. PUBLIC SECTOR DIGEST SAY . OCITYWIDE RAC sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.O SOFTWARE SO W f Ip N 5 A ON19ON OF KD A DIVISION OF PSD o uiry i,yn+`' Storm Network Page 59 Storm Water Network:$19,000,000(100.00%) Asset Type Asset Component Quantity Useful Life in Years Valuation Method 2016 Replacement Cost Storm Network Storm Water Network 2 40 User-Defined Cast $19,000,000 Total $19,000,400 PUBLIC SECTOR DIGEST SAY . OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.0 SOFTWARE SOLUTFONS A ON19ON OF KD A DIVISION OF PSD o u,iry i,yn+`' Historical Investment Storm Network Page 61 14,000,000 12,000,000 10,000,000 $.000.00 6.000.000. 4.000.000- 2,000,000 0 � c ^c Storm Water Network The storm water network was installed before 1985 with the largest investment taking place in the early 1970s with a valuation of $14 million with a focus on storm mains. PUBLIC SECTOR DIGEST SAY . OCITYWIDE RAC sorrwnae INTF.LLIGF.NCE FOR TIIL PUBLIC SF.f.TOR.M SOFTWARE SO W f Ip N 5 a0WJWN OF rs0 A DIVISION OF PSD 0 uiry i,yn+`' Condition Storm Network Page 63 Very Gaud:$0(0.00%) Goad: $0(0,004'a) Fair:$0(0.0%) Based on assessed data, all Poor:$0(0.00%) the storm network assets are in very poor condition. Very Poor: $19,000.000(100.00%) PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.O SOFTWARE SOLUTFONS a0WJWN OF rs0 A DIVISION OF PSD 0 a., •m.iq z.�t.d`. Forecasting Needs Storm Network page 64 14MOA00 12,000,000 1 0.000,000 8,000,000 6,000,000 4,000,000 2,000,000 el O �O OOO �O �O l6 RO Storm Water Netvrork Assessed data shows a backlog of$14 million and ten-year replacement needs of$5 million. The municipality's annual requirements (indicated by the black line) for storm assets total $475,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. The municipality is currently allocating $75,000 towards the storm network leaving an annual deficit of$400,000. PUBLIC SECTOR DIGEST SAY OCITYWIDE R A C sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.O SOFTWARE SO W f Ip N 5 a0WJWN OF rs0 A DIVISION OF PSD 0 l-- Buildings and Facilities Page 66 Roof:$418,864(7.14%) 1 a HVAC:$643,999(10.97%) Interior:$1,668,118(28.42%) Substructure:$947,649(16.14%) Shell:$1,200,929(20.46%) Services:$990,158(16.87%) Asset Type Asset Component Quantity Useful Life in Years Valuation Method 2016 Replacement Cost HVAC 14 20 User Defined Cost $643,999 Interior 8 35 User Defined Cost $1,668,118 Buildings Roof 7 15 User Defined Cost $418,864 Services 8 30 User Defined Cost $990,158 Shell 8 55 User Defined Cost $1,200,929 Substructure 9 95 User Defined Cost $947,649 Total $5,869,717 PUBLIC SECTOR DIGEST SAY 1TY1DE ]� �1 C sorrwnae INTELLIGENCE FOR THE PUBLIC SECTOR.M SOFTWARE SOLUTEONS :. a0WJWN OF KD A DIVISION OF PSD o ^m,iryi,voa`' Historical Investment Buildings and Facilities Page 68 2.400,0,00 2.200,0 0 2.000,000 ,,800.000 1.600.000 1.400.000 1.200.000 1,000,000 800.000 600.000 400.000 200,0 00 0 �s �r C 4y 4y Cr 41 oS 4y 41 �O M HVAC lr-erio, MRocf Services Shell ESubstructure The municipality's investments into its building assets has fluctuated starting in 1980. In 2016, the period of largest investment, $2.2 million was invested into the building assets with a focus on interiors. PUBLIC SECTOR DIGEST SAY '' OCITYWIDE RAC sorrwnae _, INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.O SOFTWARE SO W f Ip N 5 a0WJWN OF rs0 A DIVISION OF PSD 0 u�ry i.vn+`n Buildings and Facilities Condition Page 70 Very Poor. $887,441 (15.12%) Poor., $96,643(1.65%) Very Goad:$2,873,730(48.96%) Fair, $1,188,454(20.25%) 63% of buildings assets, with a valuation of $3.7 million, are in good to very good condition; 17% are in poor to very poor �� condition. Good: $823,449(14.03"3{s) PUBLIC SECTOR DIGEST SAY OCITYWIDE RAC sorrwnae i INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.O SOFTWARE SO W f Ip N 5 a0WJWN OF rs0 A DIVISION OF PSD 0 l- Building and Facilities Forecasting Needs page 71 2,200,000 2,000,000 1,800,000 1,600.000 1,400,000 � 1.200.000 - — 1.000.000 800,000 600.000 400,000 200,000 0 " MSubsrucw Shell MHVAC Raaff IIIIIIInt-, Services Condition data indicates a backlog of$865,000 and minimal ten-year replacement needs of$153,000. The municipality's annual requirements (indicated by the black line) for its buildings total $173,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. The municipality is currently allocating $200,000, leaving an annual surplus of$27,000. PUBLIC SECTOR DIGEST SAY OCITYWIDE R A C 69 sorrwnae INTELLIGENCE FOR THE PUBLIC SF.f.T08.O SOFTWARE SO W f IO N$ -' a0WJWN OF KD A DIVISION OF PSD e Machinery and Equipment page 73 Facility Equipment:$42,000(3,66%) IT:$199,000(17.36%) Fire Equipment:$532,600(46.477%) PLI IJIIC Works Equipment$372,600(32.51%) Asset Type Components Quantity Useful Life in Years Valuation Method 2016 Replacement Cost Facility Equipment 5 20 User Defined $42 000 Machinery& Fire Equipment 304 10, 15,20,2.5 User Defined $532,600 Equipment IT 31 5, 10 User Defined $199,000 Public Works Equipment 161 10, 15 20,25,30 User Defined $372,600 Total $1,146,200 PUBLIC SECTOR DIGEST171f1DE RACY INTELLIGENCE FOR TIIE PUBLIC SECTOR.0 SOFTWARE SOUJTPONS A ON19ON OF KD A DIVISION OF PSD o aq Machinery and Equipment Historical Investment Page 75 400,000 350,000. 300,000 250,GGO 200,000 150,aaa 1 00,00 50a0,0,0 0 v, Z Facility Equipment Fire Equipment E - Public Works Equipment The municipality rapidly expanded its machinery & equipment portfolio beginning in the early 2000s. Between 2005 and 2016, the period of largest investment, $942,000 was invested in the machinery and equipment category. PUBLIC SECTOR DIGEST SAY OCITYWIDE R A C sorrwnae INTF.LLIGF.NCE FOR TIIL PUBLIC SF.f.TOR.0 SOFTWARE SO W f Ip N 5 A DNIWx OF KD A DIVISION OF PSD o uiry i,yn+`' Machinery and Equipment Condition Page 77 Very Poor:$82,000(7.15%) Poor:$56,000(4.89%) Based on assessed data, 12 /o Very Good: $316,000(27.57%) of assets, with a valuation of $138,000, are in poor to very poor condition; 59% are in good to very good condition. Fair: $337,600(29.45%) Good:$354,600(30.94%) PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.O SOFTWARE SOLUTFONS a0WJWN OF rs0 A DIVISION OF PSD •m.iq z.t.d`. Machinery and Equipment Forecasting Needs Page 78 550.000 500.000 450,000 — 400,GOO 350,000 300,000 250.000 200,000 B 50,000 — T 00,000 50,000 0 M IT E Fire Equipment 0 Public Works Equipment Facility Equipment In addition to a backlog of$82,000, the municipality's replacement needs total $137,000 in the next five years. An additional $536,000 will be required between 2022-2026. The municipality's annual requirements (indicated by the black line) for its machinery & equipment total $82,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the municipality is currently allocating $10,000, leaving an annual deficit of $72,000. PUBLIC SECTOR DIGEST SAY '' OCITYWIDE RAC sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.O SOFTWARE SOLUTIONS A DIVISION OF KD A DIVISION OF PSD D -- Land Improvements Page 78 Asset Type Components Quantity Useful Life in Years Valuation Method 2016 Replacement Cost Ball Diamonds 1 20 User-Defined Cost $89,236 Fencing 2 20 User-Defined Cast $11,076 Land Improvements Lighting 2 20 User-Defined Cast $62,819 Parking Lot 6 20 User-Defined Cost $1.41,921 Pavilion 2 20 User-Defined Cost $24,495 Pier 2 20 User-Defined Cost $482,571 Playground Equipment 8 20 User-Defined Cost $466,017 Recycling Amenities 30 20 User-Defined Cost $30,355 Skatepark 1 20 User-Defined Cast $55,400 Stairs 1 20 User-Defined Cost $11,207 Tennis Court 1 20 User-Defined Cost $15,092 Well 1 20 User-Defined Cost $7,507 Total $1,397,696 PUBLIC SECTOR DIGEST SAY OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.0 SOFTWARE SOLUTFONS A ON19ON OF KD A DIVISION OF PSD o Land Improvements Page 78 Well:$7,507(0.54%) Fencing:$11,076(0.79%) Stairs:$11,207(0.80%) Tennis Court:$15.092(1.08%) Pavilion:$24,495(1.751A) Recycling Amenities:$30,355(2.17%) Skatepark:$55,400(3.96%) Lighting:$62,819(4.49%) Pier:$482,571 (34.53%) Ball Diamonds:$89,236(6.38%) Parking Lot:$141,921 (10.15%) r Playground Equipment:$466,017(33.34%) PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.M SOFTWARE SOLUTFONS A ON19ON OF KD A DIVISION OF P$D •m.iq z.tod`. Land Improvements Historical Investment Page 78 800,000 700,000 600,000 s00,,00o a00,o00 300,000 IIIIIIIIIIIIIIIIIIIIIIII� 200,000 100,000 - 0 7 4< O � O 4j ti g g O Q Oa Q3 0 Bail Diamond=. E Fencing M Lightimg Parking Lot Pavilion M Pier 0 Playground Equipment M Recycling.Americies. Skatepark M Stafrs M Tennis Cour>. "Nell Expenditures in land improvements have fluctuated across the decades. Between 2005 and 2014, the period of largest investment, $1 million was invested with a focus on piers and playground equipment. PUBLIC SECTOR DIGEST ][ SAY CY C SOiiWARE IN'1'IiLI If LN(:3C FI II{TIIL:PL�}41,1{ tifa Tl'1Il[-� fOCITYWIDt 5OFTSOFTWARE SaLUikONS n nwiswR OF v 13 AD IVISION OF PSD o ury i,yn+`' Land Improvements Condition page 85 Very Poor: $238,302(17.05%) Poor: $45,051 (.3.22%) Very Good: $544,248 (38.94%) Fair: $119,89.5(8.58'%) Based on assessed data, 71% of the municipality's land improvement assets, with a valuation of $994,000, are in good to very good condition; 20% are in poor to very poor condition. Goad: $450,200 (32.21%) PUBLIC SECTOR DIGEST SAY OCITYWIDE RAC sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.O SOFTWARE SO W f Ip N 5 -' a0WJWN OF rs0 A DIVISION OF PSD 0 ury i,yn+`' Land Improvements Forecasting Needs Page 86 500,000 450,000 400,000 350,000 300,000 250.000 V 200,000 1 50,000 100,000 5•"..000 O ^ ..vim `1!O� `b `HO� `b0� `bbtr `bCStr �Oy' Ball Diamonds Fencing MLighting ILTennis Court M Playground Fgnip--1 M P—li— Pier Parking Lot Sk—p—k MWe11 Stairs MR—ydmg Amenities Bleachers 13aske[6a11 C.— Sig, Flag Poles Based on assessed data there is a backlog $238,000 and the municipality's replacement needs total $45,000 in the next five years. Additionally, replacement needs will total $120,000 between 2022-2026. The municipality's annual requirements (indicated by the black line) for its land improvements total $55,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the municipality is currently allocating $10,000, leaving an annual deficit of$45,000. PUBLIC SECTOR DIGEST SAY '' OCITYWIDE R A C sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.O SOFTWARE SO W f 1O N$ a0WJWN OF rs0 A DIVISION OF PSD 0 --- Vehicles Page 89 Pick Up Truck:$290,000(5.38%) Tandem Truck:$1,400,000(25.97%) Fire Truck:$2,081,000(38.60%) i 1 Construction:$1,620,000(30.05%) Asset Type Components Quantity Useful Life in Years Valuation Method 2016 Replacement Cost Construction 6 15,20 User-Defined Cost $1,620,000 Vehicles Fire Truck 6 20 User-Defined Cast $2,081,000 Pick Up Truck 7 10 User-Defined Cast $290,000 Tandem Truck 4 10 User-Defined Cost $1,400,000 Total $5,391,000 PUBLIC SECTOR DIGEST OCITYWIDE RAC Y sorrwnaF INTELLIGENCE FOR TIIE PUBLIC SECTOR.0 SOFTWARE SOUJTPONS A ON19ON OF KD A DIVISION OF PSD o a, •me„y Vehicles Historical Investment Page 91 2,800,000- 2.,600,00,0- 2,400,000- 2,200,000- Z000,0-00- 1,800,G010- 1,600,00,0- 1,400,000- 1 20MUD- 1,000.0100.- 800'Goo- 600,0,00- 400,G00- 20OX'00,- 0- �21 �21 ca� Construction MFireTrudk MM&UpTruck Tarde-ri T--jc-r Investments in vehicles began in the early 2000s. In 2005-2009, the period of largest investment, $2.7 million was invested with $1.7 million put into fire trucks PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnae INTELLIGENCE FOR THE PUBLIC SECTOTLO SOFTWARE SOLUTiONS A 0WJWN OF KD A DIVISION OF P$D Vehicles Condition Page 93 Very Poor: $350,000 (6.49%) Poor: $60,000 (1.11%) Very Good: $1,220,000 (22.63%) Fair: $605,000(11.2211/a) Condition data shows that 8% of the municipality's vehicle assets are in poor to very poor condition; 81%, with a valuation of $4.4 million are in good to very good condition. Good: $3,156,000(58.54%) PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.M SOFTWARE SOLUTFONS a0WJWN OF rs0 A DIVISION OF PSD 0 a., •m.iq z.t.d`. Vehicles Forecasting Needs Page 94 3.500.000 3,000.000 - 2,500,0o0 z,000:ooO 1,500,000 — 1.o00.000 s00,00 0 0 `O � ry0� ry0� �6 Cry 6 �O�'y ryb� ry6 Fire Truck M Pick Up Truck Con stru¢ion Tandem Truck In addition to a backlog of$350,000, replacement needs will total over $140,000 over the next five years; an additional $1.7 million will be required between 2022-2026. The municipality's annual requirements (indicated by the black line) for its vehicles total $379,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the municipality is not allocating any funds to this category, leaving an annual deficit of$379,000 PUBLIC SECTOR DIGEST SAY OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.O SOFTWARE SOLUTFONS a0WJWN OF rs0 A DIVISION OF PSD 0 ury i,yn+`' The Impact of Condition Assessments In 2015, PSD published a study in partnership with the Association of Municipalities of Ontario (AMO). The report, The State of Ontario's Roads and Bridges: An Analysis of 93 Municipalities, enumerated the infrastructure deficits, 69 annual investment gaps, and the physical state of roads, Paved Roads . . . . . . . . . . . . . . . . . . . . . . . . . . bridges and culverts with a 2013 replacement value of $28 40 billion. A critical finding of the report was the dramatic difference in 62 Culverts(Structure) . . . . . . . . . . . . . . . . . . . . the condition profile of the assets when comparing age- 32 based estimates and actual field inspection observations. For each asset group, field data based condition ratings were significantly higher than age-based condition ratings, with 59 paved roads, culverts, and bridges showing an increase in Bridges(Structure) 36 score (0-100) of +29, +30, and +23 points respectively. In other words, age-based measurements maybe ❑Assessed ❑Age-Based underestimating the condition of assets by as much as 30%. PUBLIC SECTOR DIGEST SAY '' 1TlfS1DE RAC sorrwnaF E INTF.LLIGF.NCE FOR TIIL PUBLIC SF.f.TOR.0 SOFiWAaf'SaWiIQNS i A ON19Ox OF KD A DIVISION OF PSD ^miryi,voa`A Tax Funded Assets Financial Recommendations Current Funding Position j.�erage Total Funding Available in 2017 Asset class Annual Investment Taxes to Total Funding Annual Required Taxes Gas Tax QCIF Reserves Available Deficit/Surplus Road:Network 11000,000 25&000 212,000 157.000 0 627,000 373,000 Bridges&Culverts 86,000 0 0 0 0 0 86,000 Storm Sewer System 475,000 75,000 0 0 0 75.000 400.000 Machinery&Equipment 82,000 10.000 0 0 0 10,000 72,000 BuLdings 173,000 50,000 0 0 150,000 200,000 27,000 Land Improvement-, 55,000 0 0 0 10,000 10,000 45,000 Vehicles 379,000 0 a 0 0 0 379.000 Total 2,250,000 $93.000 212,000 157,000 160,000 922,000 028A00 Recommendations for full funding Asset class 'fax Change Required for Full Funding Road Network 9.4% Bridges& Culverts ?2% Storm Sewer System 10.1% Machinery Machinery& Equipment lz% Buildings -0.7% Land Improvements 1.10/0 Vehicles 9.6 8 Total 33.5% PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.0 SOFTWARE SOLUTFONS a0WJWN OF KD A DIVISION OF PSD •m.iq z.tod`. Financial Recommendations Rate Funded Assets Current Funding Position Average Annual Total Funding Available in 2017 Asset clays Investment Total Fending Annual Required Rates To Operations Other Available Deficit,/Surplus Sanitary Seiver Network 420.000 863,000 -440.000 0 423.000 -, .000 Water Network 136.000 712,000 -539.000 0 173.000 -37.000 T 556,000 1..575,000 -979.000 0 596.000 -40.000 Recommendations for full funding Asset class bate Change Required for Fell Fand n;g Wastewater Net%okrork .0.3 Water Network -5.2% PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOR.M SOFTWARE SOLUTFONS A ON19ON OF KD A DIVISION OF PSD •m.iq z.tod`. 2016 Infrastructure Report Card Page 141 Asset Heaith Funding Financial Capacity A,.-erase A-,set c..as; Co1111I1ents Grade percentage Grade Asset Class 'Grade Roach F 6 3'?!-_ F D Bridges & Culverts C 0% A F - • • 1 _ i � W21ter System C 127% A B � • . . . �.� . • i # Wastewater Services C 101 A B � • • • r � i a r' r r � . . ' ri • r � • • 1 • • Storm F 16% F F BUildings C 116% C B • + ` • Machinery&Equipment C 12 F F 1, • r 1 i 1 Laid Inap •ovements C 18%a F F r ` • ` = ' • - • Vehicles C 0% F F Average Asset Health Grade D Average Financial Capacity Grade D Overall Grade for the Municipality D PUBLIC SECTOR DIGEST �1111,ry� 1TYE1DE RAC sorrwnae INTELLIGENCE FOR TIIL PUBLIC SF.f.TOR.M $0FiW►Rf$+3W iEpN$ _ a0WJWN OF rs0 A DIVISION OF PSD Financial Capacity Scale Page 143 Letter Grade Rating Funding percent Timing Requirements Description '®5hortTertn A Excellent 9Q-14� percent 0 SortT Terra The municipality is fully prepared for its short-.mediuni- and long-terns edi replacement needs based on existing infrastructure portfolio. A M Term OShcrt Term The municipality is well prepared to fund its short-term and medium-term B Good 70-69 percent OMedium Terns replacement needs but requires additional funding strategies in the long-term MLong Term to begin to increase its reserves. Ed Short Term The municipality is underprepamd to fund its medium-to long-terns C Fair 6€1-69 percent fflMedium Term infrastructure needs.The replacement of assets in the niedium-term will likely ,ZLong Terns be deferred to future years. 1@10 Short Term The municipality is not well prepared to fund its replacement needs in the D Poor 40-59 percent MMediuin Terns short medium- or long-term. Asset replacements will be deferred and levels gLong Term of service may be reduced. The municipality is significantly underfunding its short-term,medium-term, IN Short Terns and long-term infrastructure requirements based on existing funds allocation. F Ven,Poor 0-39 percent IgMediuri Term asset replacements will be deferred indefinitely.The municipality may have to MLon¢Term divest some of its assets (e,g..bridge closures,arena closures) and levels of service will be reduced significantly. PUBLIC SECTOR DIGEST OCITYWIDE R A C Y sorrwnae INTELLIGENCE FOR TIIE PUBLIC SECTOR.O SOFTWARE SOUJTPONS A DN19ON OF KD A DIVISION OF PSD o aq Key Recommendations Moving Forward page 131 Tax Funded Assets Considering all of the above information, we recommend the 20 year option that includes capturing the changes. This involves full funding being achieved over 20 years by: - Increasing tax revenues by 1.5% each year for the next 20 years solely for the purpose of phasing in full funding to the asset categories covered in this section of the AMP. - Allocating the current gas tax and OCIF revenue as outlined in Table 36. - Allocating the scheduled OCIF grant increases to the infrastructure deficit as they occur. - Reallocating appropriate revenue from categories in a surplus position to those in a deficit position. - Increasing existing and future infrastructure budgets by the applicable inflation index on an annual basis in addition to the deficit phase-in. PUBLIC SECTOR DIGEST fOCITYWIDtRAC E JN SOiiWARE 1N'1'I(LI If EACE FOR TIIE PURLI{ SFI]TOR 0 SOFTWARE SOLUTIONS n D W IMON OF v D AD IVISION OF PSD o aq •m.ur i,loa`, Key Recommendations Moving Forward Page 136 Rate Funded Assets Considering all of the above information we recommend the following: - Rate changes for capital purposes for both sanitary service and water services be postponed until the work on the three factors above are completed. - If the work required for the above factors is delayed, and inflation increases are greater than the reduction available, implementing net increases to existing and future infrastructure budgets by the applicable inflation index on an annual basis. PUBLIC SECTOR DIGEST OCITYWIDE RAC sorrwnaF INTELLIGENCE FOR THE PUBLIC SECTOTLO SOFTWARE SOLUTFONS a0WJWN OF rs0 A DIVISION OF PSD •m.iq z.t.d`. Benefits Realized From Good Asset Management Practices • Better alignment between finance and engineering (PW) 7 , • The robust AMP and process will be a catalyst of conversation, generating - - ideas, changing philosophies, and starting innovations for better management practices. - = I • A review of management practices & policies to better align with sustainable goals. PUBLIC SECTOR DIGEST OCITYWIDE R A C so�rWnaF Y � INTELLIGENCE FOR TI1E PUBLIC SECTOR.® $OFSWARE$0LUfIONS n DIVIWN Or v D A OIVISIGN OF M o a., INTELLIGENCE FOR THE PUBLIC SECTOR,M SOFTWAA�SOLUTiONS RACRRIP' AMP2016 . . I i c s e c to . The 2016 Asset Management Plan for the Municipality of Bayham SUBMITTED BY THE PUBLIC SECTOR DIGEST INC. (PSD) WWW.PUBLICSECTORDIGEST.COM DECEMBER 2017 bayham_amp2_d2_1205 Contents ExecutiveSummary................................................................................................................................................................ 5 I. Introduction&Context................................................................................................................................................8 II. Asset Management........................................................................................................................................................9 1. Overarching Principles...............................................................................................................................................................10 III. AMP Objectives and Content...................................................................................................................................11 IV. Data and Methodology...............................................................................................................................................12 1. Condition Data................................................................................................................................................................................12 2. Financial Data.................................................................................................................................................................................13 3. Infrastructure Report Card.......................................................................................................................................................14 4. Limitations and Assumptions..................................................................................................................................................15 5. Process...............................................................................................................................................................................................16 6. Data Confidence Rating..............................................................................................................................................................17 V. Summary Statistics......................................................................................................................................................18 1. Asset Valuation...............................................................................................................................................................................19 2. Source of Condition Data by Asset Class.............................................................................................................................21 3. Historical Investment in Infrastructure-All Asset Classes.......................................................................................22 4. Useful Life Consumption-All Asset Classes.....................................................................................................................23 5. Overall Condition-All Asset Classes...................................................................................................................................24 6. Financial Profile.............................................................................................................................................................................25 7. Replacement Profile-All Asset Classes..............................................................................................................................26 8. Data Confidence.............................................................................................................................................................................28 VI. State of Local Infrastructure...................................................................................................................................29 1. Road Network.................................................................................................................................................................................30 2. Bridges&Culverts........................................................................................................................................................................37 3. Water System..................................................................................................................................................................................44 4. Wastewater Systems...................................................................................................................................................................51 S. Storm Network...............................................................................................................................................................................59 6. Buildings&Facilities...................................................................................................................................................................66 7. Machinery&Equipment............................................................................................................................................................73 8. Land Improvements.....................................................................................................................................................................81 9. Vehicles..............................................................................................................................................................................................89 VII. Levels of Service.............................................................................................................................................................96 1. Guiding Principles for Developing LOS...............................................................................................................................96 2. Key Performance Indicators and Targets...........................................................................................................................97 3. Future Performance..................................................................................................................................................................101 4. Monitoring,Updating and Actions......................................................................................................................................102 VIII.Asset Management Strategies..............................................................................................................................103 1. Non-Infrastructure Solutions&Requirements............................................................................................................104 2. Condition Assessment Programs........................................................................................................................................104 3. Lifecycle Analysis Framework.............................................................................................................................................110 4. Growth and Demand.................................................................................................................................................................116 5. Project Prioritization and Risk Management.................................................................................................................116 IX. Financial Strategy.....................................................................................................................................................126 1. General Overview.......................................................................................................................................................................126 2. Financial Profile: Tax Funded Assets................................................................................................................................129 3. Financial Profile: Rate Funded Assets...............................................................................................................................133 4. Use of Debt....................................................................................................................................................................................137 5. Use of Reserves...........................................................................................................................................................................140 X. 2016 Infrastructure Report Card.......................................................................................................................141 XI. Appendix: Grading and Conversion Scales.....................................................................................................142 bayham_amp2_d2_1205 List of Figures Figure 1 Distribution of Net Stock of Core Public Infrastructure..............................................................................................8 Figure 2 Developing the AMP-Work Flow and Process............................................................................................................16 Figure3 Asset Valuation by Class..........................................................................................................................................................19 Figure 4 2016 Ownership Per Household..........................................................................................................................................20 Figure 5 Historical Investment in Infrastructure-All Asset Classes.....................................................................................22 Figure 6 Useful Life Remaining as of 2015-All Asset Classes.................................................................................................23 Figure 7 Asset Condition Distribution by Replacement Cost as of 2015-All Asset Classes.......................................24 Figure 8 Annual Requirements by Asset Class.................................................................................................................................25 Figure 9 Infrastructure Backlog-All Asset Classes.......................................................................................................................25 Figure 10 Replacement Profile-All Asset Classes.........................................................................................................................26 Figure 11 Asset Valuation-Road Network.......................................................................................................................................31 Figure 12 Historical Investment-Road Network..........................................................................................................................32 Figure 13 Useful Life Consumption-Road Network.....................................................................................................................33 Figure 14 Asset Condition-Road Network(Primarily Assessed)..........................................................................................34 Figure 15 Forecasting Replacement Needs-Road Network....................................................................................................35 Figure 16 Asset Valuation-Bridges&Culverts..............................................................................................................................38 Figure 17 Historical Investment-Bridges&Culverts.................................................................................................................39 Figure 18 Useful Life Consumption-Bridges&Culverts...........................................................................................................40 Figure 19 Asset Condition-Bridges&Culverts(Age-based)...................................................................................................41 Figure 20 Forecasting Replacement Needs-Bridges&Culverts............................................................................................42 Figure 21 Asset Valuation-Water System........................................................................................................................................45 Figure 22 Historical Investment-Water System...........................................................................................................................46 Figure 23 Useful Life Consumption-Water System.....................................................................................................................47 Figure 24 Asset Condition-Water System(Assessed)................................................................................................................48 Figure 25 Forecasting Replacement Needs-Water System.....................................................................................................49 Figure 26 Asset Valuation-Wastewater System...........................................................................................................................52 Figure 27 Historical Investment-Wastewater System...............................................................................................................53 Figure 28 Useful Life Consumption-Wastewater System.........................................................................................................54 Figure 29 Asset Condition-Wastewater System(Assessed)...................................................................................................55 Figure 30 Forecasting Replacement Needs-Wastewater System.........................................................................................56 Figure 31 Asset Valuation-Storm Network.....................................................................................................................................60 Figure 32 Historical Investment-Storm Network........................................................................................................................61 Figure 33 Useful Life Consumption-Storm Network..................................................................................................................62 Figure 34 Asset Condition-Storm Network(Age-based)..........................................................................................................63 Figure 35 Forecasting Replacement Needs-Storm Network..................................................................................................64 Figure 36 Asset Valuation-Buildings&Facilities.........................................................................................................................67 Figure 37 Historical Investment-Buildings&Facilities............................................................................................................68 Figure 38 Useful Life Consumption-Buildings&Facilities......................................................................................................69 Figure 39 Asset Condition-Buildings&Facilities(Primarily Assessed)............................................................................70 Figure 40 Forecasting Replacement Needs-Buildings&Facilities.......................................................................................71 Figure 41 Asset Valuation-Machinery&Equipment..................................................................................................................74 Figure 42 Historical Investment-Machinery&Equipment.....................................................................................................75 Figure 43 Useful Life Consumption-Machinery&Equipment...............................................................................................76 Figure 44 Asset Condition-Machinery&Equipment(Assessed and Age-based)..........................................................77 Figure 45 Forecasting Replacement Needs-Machinery&Equipment................................................................................78 Figure 46 Asset Valuation-Land Improvements...........................................................................................................................82 Figure 47 Historical Investment-Land Improvements..............................................................................................................83 Figure 48 Useful Life Consumption-Land Improvements........................................................................................................84 Figure 49 Asset Condition-Land Improvements(Primarily Assessed)..............................................................................85 Figure 50 Forecasting Replacement Needs-Land Improvements........................................................................................86 Figure51 Asset Valuation-Vehicles....................................................................................................................................................90 Figure 52 Historical Investment-Vehicles.......................................................................................................................................91 Figure 53 Useful Life Consumption-Vehicles.................................................................................................................................92 Figure 54 Asset Condition-Vehicles (Assessed and Age-based)............................................................................................93 bayham_amp2_d2_1205 Figure 55 Forecasting Replacement Needs-Vehicles.................................................................................................................94 Figure 56 Comparing Age-based and Assessed Condition Data............................................................................................105 Figure 57 Paved Road General Deterioration Profile.................................................................................................................110 Figure 58 Sewer Main General Deterioration................................................................................................................................113 Figure 59 Water Main General Deterioration................................................................................................................................114 Figure60 Bow Tie Risk Model..............................................................................................................................................................117 Figure 61 Distribution of Assets Based on Risk-All Asset Classes.....................................................................................121 Figure 62 Distribution of Assets Based on Risk-Road Network.........................................................................................121 Figure 63 Distribution of Assets Based on Risk-Bridges&Culverts................................................................................122 Figure 64 Distribution of Assets Based on Risk-Water System..........................................................................................122 Figure 65 Distribution of Assets Based on Risk-Sanitary Services...................................................................................123 Figure 66 Distribution of Assets Based on Risk-Buildings&Facilities...........................................................................124 Figure 67 Distribution of Assets Based on Risk-Machinery&Equipment....................................................................124 Figure 68 Distribution of Assets Based on Risk-Land Improvements.............................................................................125 Figure 69 Distribution of Assets Based on Risk-Vehicles......................................................................................................125 Figure70 Cost Elements.........................................................................................................................................................................127 Figure 71 Historical Prime Business Interest Rates...................................................................................................................138 List of Tables Table 1 Objectives of Asset Management.............................................................................................................................................9 Table 2 Principles of Asset Management............................................................................................................................................10 Table 3 Infrastructure Report Card Description.............................................................................................................................14 Table 4 Source of Condition Data by Asset Class............................................................................................................................21 Table5 Data Confidence Ratings............................................................................................................................................................28 Table 6 Key Asset Attributes-Road Network.................................................................................................................................30 Table 7 Key Asset Attributes-Bridges&Culverts........................................................................................................................37 Table8 Key Asset Attributes-Water..................................................................................................................................................44 Table 9 Asset Inventory-Wastewater Systems.............................................................................................................................51 Table 10 Asset Inventory-Storm Network......................................................................................................................................59 Table 11 Key Asset Attributes-Buildings&Facilities.................................................................................................................66 Table 12 Asset Inventory-Machinery&Equipment...................................................................................................................73 Table 13 Asset Inventory-Land Improvements............................................................................................................................81 Table14 Asset Inventory-Vehicles.....................................................................................................................................................89 Table15 LOS Categories............................................................................................................................................................................96 Table 16 Key Performance Indicators-Road Network and Bridges&Culverts..............................................................97 Table 17 Key Performance Indicators-Buildings&Facilities.................................................................................................98 Table 18 Key Performance Indicators-Vehicles...........................................................................................................................98 Table 19 Key Performance Indicators-Water,Sanitary and Storm Networks................................................................99 Table 20 Key Performance Indicators-Machinery&Equipment.......................................................................................100 Table 21 Key Performance Indicators-Land Improvements...............................................................................................100 Table 22 Asset Condition and Related Work Activity for Paved Roads.............................................................................111 Table 23 Asset Condition and Related Work Activity for Sewer Mains.............................................................................113 Table 24 Asset Condition and Related Work Activity for Water Mains.............................................................................115 Table 25 Probability of Failure-All Assets....................................................................................................................................118 Table 26 Consequence of Failure-Roads.......................................................................................................................................118 Table 27 Consequence of Failure-Bridges&Culverts.............................................................................................................118 Table 28 Consequence of Failure-Water Mains.........................................................................................................................119 Table 29 Consequence of Failure-Sanitary Sewers..................................................................................................................119 Table 30 Consequence of Failure-Storm Sewers.......................................................................................................................119 Table 31 Consequence of Failure-Buildings&Facilities........................................................................................................119 Table 32 Consequence of Failure-Machinery&Equipment.................................................................................................120 Table 33 Consequence of Failure-Land Improvements.........................................................................................................120 Table 34 Consequence of Failure-Vehicles..................................................................................................................................120 Table 35 Infrastructure Requirements and Current Funding Available:Tax Funded Assets..................................129 bayham_amp2_d2_1205 Table 36 Tax Change Required for Full Funding..........................................................................................................................130 Table 37 Effect of Changes in OCIF Funding and Reallocating Decreases in Debt Costs............................................131 Table 38 Summary of Infrastructure Requirements and Current Funding Available.................................................133 Table 39 Rate Change Required for Full Funding........................................................................................................................134 Table 40 Without Change in Debt Costs...........................................................................................................................................135 Table41 With Change in Debt Costs..................................................................................................................................................135 Table 42 Total Interest Paid as a Percentage of Project Costs...............................................................................................137 Table43 Overview of Use of Debt.......................................................................................................................................................139 Table44 Overview of Debt Costs........................................................................................................................................................139 Table 45 Summary of Reserves Available.......................................................................................................................................140 Table 46 2016 Infrastructure Report Card.....................................................................................................................................141 Table47 Asset Health Scale...................................................................................................................................................................142 Table48 Financial Capacity Scale.......................................................................................................................................................143 bayham_amp2_d2_1205 Executive Summary Infrastructure is inextricably linked to the economic,social and environmental advancement of a community. Municipalities own and manage nearly 60%of the public infrastructure stock in Canada.As analyzed in this asset management plan(AMP),the Municipality of Bayham's infrastructure portfolio comprises the following asset classes: road network,bridges&culverts, buildings,storm,water,sanitary,machinery&equipment,land improvements,vehicles and natural resources.The asset classes analyzed in this asset management plan for the municipality had a total 2016 valuation of$104 million,of which roads comprised 31%. Strategic asset management is critical in extracting the highest total value from public assets at the lowest lifecycle cost.This AMP,the municipality's second following the completion of its first edition in 2013,details the state of infrastructure of the municipality's service areas and provides asset management and financial strategies designed to facilitate its pursuit of developing an advanced asset management program and mitigate long-term funding gaps. In addition to observed field conditions,historical capital expenditures can assist the municipality in identifying impending infrastructure needs,and guide its medium-and long-term capital programs.The municipality has continuously invested into its infrastructure over the decades. Investments fluctuated during the early 1990s and then peaked in the early 1970 and early 2000s. In the 1970s$25.5 million was invested with$14 million put into the storm network.Since 2000, $49 million has been invested with a focus on roads,the sanitary sewer network and vehicles. Based on 2016 replacement cost,and condition data,over 33%of assets,with a valuation of$35 million,are in good to very good condition;46%are in poor to very poor condition.The municipality has provided condition information for 100%of assets based on 2016 replacement cost. In total, 55%of the assets analyzed in this AMP have at least 10 years of useful life remaining. However,27%,with a valuation of$28 million,remain in operation beyond their established useful life.An additional 8%will reach the end of their useful life within the next five years. bayham_amp2_d2_1205 In order for an AMP to be effective,it must be integrated with financial planning and long-term budgeting.The development of a comprehensive financial plan will allow the municipality to identify the financial resources required for sustainable asset management based on existing asset inventories, desired levels of service,and projected growth requirements. The average annual investment requirement for the above categories is $2,250,000.Annual revenue currently allocated to these assets for capital purposes is$922,000 leaving an annual deficit of$1,328,000.To put it another way,these infrastructure categories are currently funded at 41% of their long-term requirements. In 2016,Bayham has annual tax revenues of$3,956,000. Our strategy includes full funding being achieved over 20 years by: — increasing tax revenues by 1.5%each year for the next 20 years solely for the purpose of phasing in full funding to the asset categories covered in this section of the AMP. — allocating the current gas tax and OCIF revenue as outlined in table 1. — allocating the scheduled OCIF grant increases to the infrastructure deficit as they occur. — reallocating appropriate revenue from categories in a surplus position to those in a deficit position. — increasing existing and future infrastructure budgets by the applicable inflation index on an annual basis in addition to the deficit phase-in. The average annual investment requirement for sanitary sewer services and water services is $556,000.Annual revenue currently allocated to these assets for capital purposes is $596,000 leaving an annual surplus of$40,000.To put it another way,these infrastructure categories are currently funded at 107%of their long-term requirements.In 2016, Bayham has annual wastewater revenues of$863,000 and annual water revenues of$712,000. To achieve financial sustainability for its rate-based assets,we recommend rate changes for capital purposes be implemented over time with at least three factors being quantified: — There is a pent up investment demand of$457,000 for sanitary services and$0 for water services.As a result,rates should not be changed until a detailed work plan is developed for these projects.A corresponding financial plan can then be developed taking into account that there are$2,283,000 of reserves available for sanitary infrastructure and$536,000 of reserves for water infrastructure. — 51% of sanitary revenues and 76%of water revenues are currently allocated to operations as opposed to capital. Overall rates should not be changed until longer term operational requirements are determined and taken into account.This will avoid the complications of changing rates for capital purposes and then possibly increasing them for operational requirements. — Bayham will be updating their detailed rate study in 2019.Any change in capital rates should be delayed until that study is available. Considering all of the above information: — Rate changes for capital purposes for both sanitary services and water services be postponed until the work on the above factors are completed. — If the work required for the above factors is delayed,and inflation increases are greater than the reduction available,implementing net increases to existing and future infrastructure budgets by the applicable inflation index on an annual basis. 6 bayham_amp2_d2_1205 Although our financial strategies allow the municipalities to meet its long-term funding requirements and reach fiscal sustainability,injection of additional revenues will be required to mitigate existing infrastructure backlogs. A critical aspect of this asset management plan is the level of confidence the municipality has in the data used to develop the state of the infrastructure and form the appropriate financial strategies. The municipality has indicated a high degree of confidence in the accuracy,validity and completeness of the asset data for all categories analyzed in this asset management plan. 7 bayham_amp2_d2_1205 I. Introduction & Context Across Canada,municipal share of public infrastructure increased from 22% in 1955 to nearly 60% in 2013.The federal government's share of critical infrastructure stock,including roads,water and wastewater, declined by nearly 80%in value since 1963.1 Figure 1 Distribution of Net Stock of Core Public Infrastructure Provincial$158.4B Municipal$216.9B 41% 57% Federal $6.713 2% Ontario's municipalities own more of the province's infrastructure assets than both the provincial and federal government.The asset portfolios managed by Ontario's municipalities are also highly diverse.The Municipality of Bayham's capital assets portfolio,as analyzed in this asset management plan (AMP) is valued at$104 million using 2016 replacement costs.The municipality relies on these assets to provide residents,businesses, employees and visitors with safe access to important services, such as transportation,recreation,culture,economic development and much more.As such,it is critical that the municipality manage these assets optimally in order to produce the highest total value for taxpayers.This asset management plan, (AMP) will assist the municipality in the pursuit of judicious asset management for its capital assets. 1 Larry Miller,Updating Infrastructure In Canada:An Examination of Needs And Investments Report of the Standing Committee on Transport,Infrastructure and Communities,June 2015 8 bayham_amp2_d2_1205 II. Asset Management Asset management can be best defined as an integrated business approach within an organization with the aim to minimize the lifecycle costs of owning,operating,and maintaining assets,at an acceptable level of risk,while continuously delivering established levels of service for present and future customers. It includes the planning, design, construction,operation and maintenance of infrastructure used to provide services. By implementing asset management processes, infrastructure needs can be prioritized over time,while ensuring timely investments to minimize repair and rehabilitation costs and maintain municipal assets. Table 1 Objectives of Asset Management Inventory Capture all asset types,inventories and historical data. Current Valuation Calculate current condition ratings and replacement values. Lifecycle Analysis Identify Maintenance and Renewal Strategies&Lifecycle Costs. Service Level Targets Define measurable Levels of Service Targets. Risk&Prioritization Integrates all asset classes through risk and prioritization strategies. Sustainable Financing Identify sustainable Financing Strategies for all asset classes. Continuous Processes Provide continuous processes to ensure asset information is kept current and accurate. Decision Making& Integrate asset management information into all corporate purchases,acquisitions Transparency and assumptions. Monitoring&Reporting At defined intervals,assess the assets and report on progress and performance. 9 bayham_amp2_d2_1205 1 . Overarching Principles The Institute of Asset Management(IAM) recommends the adoption of seven key principles for a sustainable asset management program.According to IAM,asset management must be:2 Table 2 Principles of Asset Management Holistic Asset management must be cross-disciplinary,total value focused. Systematic Rigorously applied in a structured management system. Systemic Looking at assets in their systems context,again for net,total value. Risk-based Incorporating risk appropriately into all decision-making. Optimal Seeking the best compromise between conflicting objectives,such as costs versus performance versus risks etc. Sustainable Plans must deliver optimal asset lifecycles,ongoing systems performance,environmental and other long term consequences. At the heart of good asset management lies the need to be joined-up.The Integrated total jigsaw puzzle needs to work as a whole-and this is not just the sum of the parts. 2"Key Principles",The Institute of Asset Management, www.iam.org 10 bayham_amp2_d2_1205 III. AMP Objectives and Content This AMP is one component of Bayham's overarching corporate strategy. It was developed to support the municipality's vision for its asset management practice and programs. It provides key asset attribute data,including current composition of the municipality's infrastructure portfolio, inventory, replacement costs,useful life etc.,summarizes the physical health of the capital assets, enumerates the municipality's current capital spending framework,and outlines financial strategies to achieve fiscal sustainability in the long-term while reducing and eventually eliminating funding gaps. As with the first edition of the municipality's asset management plan in 2013,this AMP is developed in accordance with provincial standards and guidelines,and new requirements under the Federal Gas Tax Fund (GTF) stipulating the inclusion of all eligible asset classes.The following asset classes are analysed in this document: road network; bridges&culverts; water;wastewater; storm; buildings; machinery&equipment; land improvements; and vehicles. bayham_amp2_d2_1205 IV. Data and Methodology The municipality's dataset for the asset classes analyzed in this AMP are maintained in PSUs CityWide®Tangible Assets module.This dataset includes key asset attributes and PSAB 3150 data, such as historical costs,in-service dates,field inspection data (as available),asset health, and replacement costs. 1 . Condition Data Municipalities implement a straight-line amortization schedule approach to depreciate their capital assets. In general,this approach may not be reflective of an asset's actual condition and the true nature of its deterioration,which tends to accelerate toward the end of the asset's lifecycle. However,it is a useful approximation in the absence of standardized decay models and actual field condition data and can provide a benchmark for future requirements.We analyze each asset individually prior to aggregation and reporting; therefore, many imprecisions that may be highlighted at the individual asset level are attenuated at the class level. As available,actual field condition data was used to make recommendations more meaningful and representative of the municipality's state of infrastructure.The value of condition data cannot be overstated as they provide a more accurate representation of the state of infrastructure. The type of condition data used for each class is indicated in Chapter V,Section 2. 12 bayham_amp2_d2_1205 2. Financial Data In this AMP,the average annual requirement is the amount,based on current replacement costs, that municipalities should set aside annually for each infrastructure class so that assets can be replaced upon reaching the end of their lifecycle. To determine current funding capacity,all existing sources of funding are identified and combined to enumerate the total available funding; funding for the previous three years is analyzed as data is available.These figures are then assessed against the average annual requirements,and are used to calculate the annual funding shortfall (surplus) and for forming the financial strategies. In addition to the annual shortfall,the majority of municipalities face significant infrastructure backlogs.The infrastructure backlog is the accrued financial investment needed in the short-term to bring the assets to a state of good repair.This amount is identified for each asset class. Only predictable sources of funding are used,e.g.,tax and rate revenues,user fees,and other streams of income the municipality can rely on with a high degree of certainty. Government grants and other ad-hoc injections of capital are not included in this asset management plan given their unpredictability.As senior governments make greater,more predictable and permanent commitments to funding municipal infrastructure programs,e.g.,the Federal Gas Tax Fund,future iterations of this asset management plan will account for such funding sources. 13 bayham_amp2_d2_1205 3. Infrastructure Report Card The asset management plan is a complex document,but one with direct implications on the public,a group with varying degrees of technical knowledge.To make communications more meaningful and the AMP more accessible,we've developed an Infrastructure Report Card that summarizes our findings in common language that municipalities can use for internal and external distribution.The report card is developed using two key,equally weighted factors: Financial Capacity and Asset Health. Table 3 Infrastructure Report Card Description A municipality's financial capacity grade is determined by the level of funding available(0-100%)for each asset class for the purpose of Financial Capacity meeting the average annual investment requirements. Using either field inspection data as available or age-based data,the asset health component of the report card uses condition(0-100%) Asset Health to estimate how capable assets are in performing their required functions.We use replacement cost to determine the weight of each condition group within the asset class. Letter Rating Description Grade A Very Good The asset is functioning and performing well;only normal preventative maintenance is required.The municipality is fully prepared for its long-term replacement needs based on its existing infrastructure portfolio. B Good The municipality is well prepared to fund its long-term replacement needs but requires additional funding strategies in the short-term to begin to increase its reserves. The asset's performance or function has started to degrade and repair/rehabilitation is required to minimize lifecycle cost.The C Fair municipality is underpreparing to fund its long-term infrastructure needs.The replacement of assets in the short-and medium-term will likely be deferred to future years. The asset's performance and function is below the desired level and immediate repair/rehabilitation is required.The municipality is D Poor not well prepared to fund its replacement needs in the short-,medium-or long-term.Asset replacements will be deferred and levels of service may be reduced. The municipality is significantly underfunding its short-term,medium-term,and long-term infrastructure requirements based on F Very Poor existing funds allocation.Asset replacements will be deferred indefinitely.The municipality may have to divest some of its assets(e.g., bridge closures,arena closures)and levels of service will be reduced significantly. 14 bayham_amp2_d2_1205 4. Limitations and Assumptions Several limitations continue to persist as municipalities advance their asset management practices. — As available,we use field condition assessment data to illustrate the state of infrastructure and develop the requisite financial strategies. However,in the absence of observed data,we rely on the age of assets to estimate their physical condition. — A second limitation is the use of inflation measures,for example using CPI/NRBCPI to inflate historical costs in the absence of actual replacement costs.While a reasonable approximation, the use of such multipliers may not be reflective of market prices and may over- or understate the value of a municipality's infrastructure portfolio and the resulting capital requirements. — Our calculations and recommendations will reflect the best available data at the time this AMP was developed. — The focus of this plan is restricted to capital expenditures and does not capture 0&M expenditures on infrastructure. ...... POP- bayham_amp2_d2_1205 5. Process High data quality is the foundation of intelligent decision-making. Generally,there are two primary causes of poor decisions: inaccurate or incomplete data,and the misinterpretation of data used.The figure below illustrates an abbreviated version of our work order/work flow process between PSD and municipal staff. It is designed to ensure maximum confidence in the raw data used to develop the AMP,the interpretation of the AMP by all stakeholders,and ultimately,the application of the strategies outlined in this AMP. Figure 2 Developing the AMP—Work Flow and Process GAP ANALYSIS:CITYWIDE TA DATA VALIDATION 1 GAP ANALYSIS:CITYWIDE CPA DATA VALIDATION 2 Review client database and Collaborate with Engineering Review client database and Collaborate with Finance to assess against benchmark and Finance to validate and assess against benchmark 10 validate and refine data prior municipalities refine data municipalities to the developing financial strategy AMEND FINANCIAL STRATEGY FINANCIAL STRATEGY DATA APPROVAL Collaborate with client to NO IS STRATEGY PSD submits financial strategy to Client approves all asset and redevelop financial strategy APPROVED? client for review financial data before PSD can develop financial strategy YES IF FIRST DRAFT PSD submits first complete draft of the AMP AMEND DRAFT SUBMIT FINAL AMP DRAFT Incorporate client feedback PSD develops report card and and resubmit draft NO IS DRAFT YESlo submits final draft for client APPROVED? approval and project sign-off 16 bayham_amp2_d2_1205 6. Data Confidence Rating Staff confidence in the data used to develop the AMP can determine the extent to which recommendations are applied. Low confidence suggests uncertainty about the data and can undermine the validity of the analysis. High data confidence endorses the findings and strategies, and the AMP can become an important,reliable reference guide for interdepartmental communication as well as a manual for long-term corporate decision-making. Having a numerical rating for confidence also allows the municipality to track its progress over time and eliminate data gaps. Data confidence in this AMP is determined using five key factors and is based on the City of Brantford's approach.Municipal staff provide their level of confidence (score) in each factor for major asset classes along a spectrum,ranging from 0,suggesting low confidence in the data,to 100 indicative of high certainty regarding inputs.The five factors used to calculate the municipality's data confidence ratings are: F1 F2 F3 F4 F5 The data comes from The data is The data is up to date. The data is complete an authoritative The data is error free. verified by an and uniform. authoritative source source. The municipality's self-assessed score in each factor is then used to calculate data confidence in each asset class using Equation 1 below. Asset Class Data Confidence Rating = (Score in each factor) x (5) 17 bayham_amp2_d2_1205 V. Summary Statistics In this section,we aggregate technical and financial data across all asset classes analyzed in this AMP,and summarize the state of the infrastructure using key indicators,including asset condition, useful life consumption,and important financial measurements. t � 1 1 1 bayham_amp2_d2_1205 1 . Asset Valuation The asset classes analyzed in this asset management plan for the municipality had a total 2016 valuation of$104.6 million,of which roads comprised 31%, followed the sanitary sewer network at 26%.The ownership per household (Figure 4) totaled$60,000 based on 2557 households for all asset categories except for water services with 832 households and wastewater services with 1228 households. Figure 3 Asset Valuation by Class Machinery&Equipment:$1,146,200 j1.10%) Land Irnprovemerts:$1,397,696(1.34%) Bridges &Culverts:$3,449,000(3.30%) Vehicles:$5,391,000(5.15%) Buildings:$5,869,717(5.61%) Road Network: $31,986,056(3€7.58%) Water Network: $9,631,753(9.21 ] d Storm Water Network:$19,000,000(18.16%) Sanitary Sewer Network:$26,735,576(25.56%) 19 bayham_amp2_d2_1205 Figure 4 2016 Ownership Per Household Machinery&Equipment $448 Bridges&Culverts $1,349 Land Improvements $547 Vehicles $2,108 Storm Water � $7,431 Road Network � $12,509 Sanitary Services $21,772 Buildings $2,296 Water Services $11,093 Total $59,552 bayham-amp2-d2-1205 2. Source of Condition Data by Asset Class Observed data will provide the most precise indication of an asset's physical health. In the absence of such information,the age of capital assets can be used as a meaningful approximation of the asset's condition.Table 4 indicates the source of condition data used for the various asset classes in this AMP.The municipality has condition data for 100% of all assets based on 2016 replacement cost. Table 4 Source of Condition Data by Asset Class Asset class Component Source of Condition Data Roads Network All 100%Assessed-2016 Bridges&Culverts All 100%Assessed-2016 Water System All 100%Assessed-2016 Sanitary Services All 100%Assessed-2016 Storm All 100%Assessed-2016 Buildings All 100%Assessed-2016 Machinery&Equipment All 100%Assessed-2016 Land Improvements All 100%Assessed-2016 Vehicles All 100%Assessed-2016 21 bayham_amp2_d2_1205 3. Historical Investment in Infrastructure — All Asset Classes In conjunction with condition data,two other measurements can augment staff understanding of the state of infrastructure and impending and long-term infrastucture needs: installation year profile,and useful life remaining. Using 2016 replacement costs, Figure 5 illustrates the historical invesments made in the asset classes analyzed in this AMP since 1950.Often,investment in critical infrastructure parallels population growth or other significant shifts in demographics; they can also fluctuate with provincial and federal stimuls programs.Note that this graph only includes the active asset inventory as of December 31, 2016. Figure 5 Historical Investment in Infrastructure—All Asset Classes 26,000.000 25,000.000 24,000,000 22,000.000 20,000.000 1 8,000,000 16,000,000 14,00Q000 12,000,000 10,000,000 — - B4O00.000 6,000.000 — a,000,000 z.000.000 0 EBndges&Culverts EBAdi.p ELandlmprtrvemems Machinery&Equipment .Road Netwerk Sanitary Sewer Metwork E5w,m Water Ne ,k EYehides M Water Net-k The municipality has continuously invested into its infrastructure over the decades. Investments fluctuated during the early 1990s and then peaked in the early 1970 and early 2000s.In the 1970s$25.5 million was invested with$14 million put into the storm network. Since 2000,$49 million has been invested with a focus on roads,the sanitary sewer network and vehicles. 22 bayham_amp2_d2_1205 4. Useful Life Consumption — All Asset Classes While age is not a precise indicator of an asset's health, in the absence of observed condition assessment data,it can serve as a high-level,meaningful approxmiation and help guide replacement needs and facilitate strategic budgeting. Figure 6 shows the distibution of assets based on the percentage of useful life already consumed. Figure 6 Useful Life Remaining as of 2016—All Asset Classes Service Life Expired:$27,893,103(26.66%) Over 10 Years Remaining:$58,148,745(55.59%) 0-5 Years Remaining:$8.450.983(8.09%) 6-10 Years Remaining:$10,104,169(9.66%) In total, 55% of the assets analyzed in this AMP have at least 10 years of useful life remaining. However, 27%,with a valuation of$28 million,remain in operation beyond their established useful life.An additional 8%will reach the end of their useful life within the next five years. 23 bayham_amp2_d2_1205 5. Overall Condition - All Asset Classes Based on 2016 replacement cost,and condition data, over 33%of assets,with a valuation of$35 million,are in good to very good condition; 46% are in poor to very poor condition.The municipality has provided condition information for 100% of assets based on 2016 replacement cost. Figure 7 Asset Condition Distribution by Replacement Cost as of 2016—All Asset Classes Very Good:$6,280,978(6.00%) Very Poor:$39,405,295(37.67%) Good:$29,099,697(2T82%) Poor:$8,478,389(8.10%) Fair:$21.342,640(24.404+5) 24 bayham_amp2_d2_1205 6. Financial Profile This section details key high-level financial indicators for the municipality's asset classes. Figure 8 Annual Requirements by Asset Class Bridges&Culverts a $86,225 Machinery&...U $82,227 Land Improvements 1 $55,408 Storm Water $475,000 Vehicles $379,383 Water Services $124,453 Sanitary Services $419,782 Road Network $1,000,401 Buildings $172,600 Total $2,795,479 The annual requirements represent the amount the municipality should allocate annually to each of its asset classes to meet replacement needs as they arise,prevent infrastructure backlogs and achieve long-term sustainability. In total,the municipality must allocate$2.8 million annually for the assets covered in this AMP. Storm Water $14,000,000 Land Improvements 1 $238,302 Bridges&Culverts = $1,530,000 Machinery&...1 $82,000 Buildings ■ $865,357 Road Network $11,230,674 Water Services $0 Vehicles 1 $350,000 Sanitary Services 1 $456,932 Total $28,753,265 Figure 9 Infrastructure Backlog—All Asset Classes The municipality has a combined infrastructure backlog of$28.7 million,with storm water network comprising 49%.The backlog represents the investment needed today to meet previously deferred replacement needs. In the absence of assessed data,the backlog represents the value of assets still in operation beyond their established useful life. 25 bayham_amp2d2_1205 7. Replacement Profile — All Asset Classes In this section,we illustrate the aggregate short-,medium-and long-term infrastructure spending requirements (replacement only) for the municipality's asset classes.The backlog is the total investment in infrastructure that was deferred over previous years or decades. In the absence of observed data,the backlog represents the value of assets that remain in operation beyond their useful life. Figure 10 Replacement Profile—All Asset Classes 35,000;000 30,000;000 I� 25,000,000- 20,000,000 �s,oao,o-ao i 0,00a,o-ao- 5,000,600 0 y 0'4 N O O O O O O O O O O ry N M rL ry ry N ;Y ry h m'° Nb tyOry ry©ry`6 ry©m hd� ryS�: �S� ryd ti0� ry4� MROdNetwork ME,dS,&Cul M5m Wa Network EVeh,,I— MSa .,ySewer Network OWater Network MEAd,g, MMahin y&Equipment 0 Land I-F..... Based on condition data,the municipality has a combined backlog of$28.7 million,of which storm water network comprises$14 million. Aggregate replacement needs will total$1.9 million over the next five years.An additional$10.7 million will be required between 2021 and 202S.The municipality's aggregate annual requirements (indicated by the black line) total$2.8 million.At this funding level,the municipality would be allocating sufficient funds on an annual basis to meet the replacement needs for its various asset classes as they arise without the need for deferring projects and accruing annual infrastructure deficits. Currently,the municipality is funding 41%of the annual requirements for tax-funded assets and 110%for rate-funded assets.See the'Financial Strategy'chapter for achieving a more 26 bayham_amp2d2_1205 optimal and sustainable funding level. Further,while fulfilling the annual requirements will position the municipality to meet its future replacement needs,injection of additional revenues will be needed to mitigate existing infrastructure backlogs. 27 bayham_amp2_d2_1205 8. Data Confidence The municipality has a high degree of confidence in the data used to develop this AMP,receiving a weighted confidence rating of 82%. This is indicative of significant effort in collecting and refining its data set. Table 5 Data Confidence Ratings The data is up- The data is The data comes The data is Average Weighted from an The data is error verified by an Asset Class to-date. complete and Confidence Confidence uniform. authoritative free. authoritative Rating Rating source. source. Road Network 100% 90% 80% 50% 60% 76% N/A Bridges&Culverts 80% 80% 80% 60% 60% 72% N/A Water Services 90% 90% 90% 90% 90% 90% N/A Sanitary Services 90% 90% 90% 90% 90% 90% N/A Storm Water 60% 60% 80% 60% 80% 68% N/A Buildings 90% 90% 90% 80% 80% 86% N/A Machinery&Equipment 80% 80% 80% 80% 90% 82% N/A Land Improvements 90% 90% 70% 70% 70% 78% N/A Vehicles 100% 100% 80% 90% 80% 90% N/A Overall Weighted Average Data Confidence Rating 81% N/A 28 bayham_amp2d2_1205 A. State of Local Infrastructure The state of local infrastructure includes the full inventory, condition ratings,useful life consumption data and the backlog and upcoming infrastructure needs for each asset class.As available,assessed condition data was used to inform the discussion and recommendations; in the absence of such information,age-based data was used as the next best alternative. bayham_amp2_d2_1205 1 . Road Network 1.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost Table 6 illustrates key asset attributes for the municipality's road network,including quantities of various assets,their useful life,their replacement cost,and the valuation method by which the replacement costs were derived. In total,the municipality's roads assets are valued at$32 million based on 2016 replacement costs.The useful life indicated for each asset type below was assigned by the municipality. Table 6 Key Asset Attributes—Road Network Asset Type Asset Component Quantity Useful Life(Years) 2016 Unit Replacement Cost 2016 Overall Replacement Cost Road Base 190.3km 50 Cost/Unit $17,769,263 Road Surface-Asphalt 37.7km 25 Cost/Unit $3,520,238 Road Surface-Gravel 44.1km 20 Cost/Unit $4,117,838 Road Network Road Surface-Tar&Chip 97.5km 15,25,50 Cost/Unit $3,517,313 Roads Guardrail 0.7km 20 Cost/Unit $28,000 Sidewalks 17958m 50 Cost/Unit $2,691,006 Streetlights 428 20 Cost/Unit $342,400 Total $31,986,056 30 bayham_amp2_d2_1205 Figure 11 Asset Valuation—Road Network Roads Guardrail:$28,t}Oa(0.09%) Streetlights:$342,400(1.07%) Sidewa lks:$2,691,006(8.41%) Road Surface-Tar&chip:$3,517,313(11.00%) Road Surface-Asphalt:$3,520,238(11.01%) Road Base:$17,769,263(55.55%) Road Surface-Gravel:$4,117,838(12.87%) 31 bayham_amp2_d2_1205 1.2 Historical Investment in Infrastructure Figure 12 shows the municipality's historical investments in its road network since 1950.While observed condition data will provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such information, understanding past expenditure patterns and current useful life consumption levels (Section 1.3) can inform the forecasting and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of December 31, 2016. Figure 12 Historical Investment—Road Network 5,500,OOa 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 C7 47 C7 0 C5 tr7 G tb O op�.�i ti cri O Road Base M Road Surface-,Asphalt M Road Surface-Gravel Road Surface-Tar&Chip M Roads Guardrail E Sidewalks EStreetlights Investments in the municipality's road network have grown since 1960 with a large increase in the 1970s. In the early 2000s,the period of largest investment,$5 million was invested with over$2 million put into road bases. 32 bayham_amp2_d2_12O5 1.3 Useful Life Consumption In conjunction with historical spending patterns and observed condition data, understanding the consumption rate of assets based on industry established useful life standards provides a more complete profile of the state of a community's infrastructure. Figure 13 illustrates the useful life consumption levels as of 2016 for the municipality's road network. Figure 13 Useful Life Consumption-Road Network Service Life Expired:$11,183,777(34.96%) Over 10 Years Remaining:$14,059,056(43.95%) ---_ AM 0-S Years Remaining:$1,324,388(4.140) 6-10 Years Remaining:$5,41 B,836(16.94l0) While 44% of the municipality's road network has at least 10 years of useful life remaining, 35%, with a valuation of$11 million,remain in operation beyond their useful life.An additional 4%will reach the end of their useful life within the next five years. 33 bayham_amp2_d2_1205 1.4 Current Asset Condition Using replacement cost, in this section we summarize the condition of the municipality's road network as of 2016. By default,we rely on observed field data as provided by the municipality. In the absence of such information,age-based data is used as a proxy.The municipality has provided condition data for 100% of all road assets. Figure 14 Asset Condition—Road Network(Condition-based) Very Good:$0(0.00%) Good:$3,244,306(I G.14%) Fair:$6,644,488(20.77%) Very Poor:$16,446,425(51.42%) Poor:$5,650,838(17.67%) Based on assessed condition data, 10% of assets are in good to very good condition while 69%are in poor to very poor condition with a valuation of$22 million. 34 bayham_amp2_d2_1205 1.5 Forecasting Replacement Needs In this section,we illustrate the short-,medium-and long-term infrastructure spending requirements (replacement only) for the municipality's road network assets.The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades. In the absence of observed data,the backlog represents the value of assets that remain in operation beyond their useful life. Figure 15 Forecasting Replacement Needs—Road Network 12,000.000 11,000.000 10,000,000 9,000.000 R,000,000 - 7,000.000 — 6,000.000 5,000,000 4,000.000 - 3,000,060 2,000.000 1,000.000 0 Qa b tO 4b b h 'VO ryoN 'O ry � rt6 ryr' r0 nOi ry0 �O ry0 ryt9 ry0 �6 ry0 ry0 ry0 ty� MROad Bau MR—d5uf[ace-Asphalt SRO dSurface-Gravel 0Raad Surface-Tar&[hip MRn d,Guardrail ESM-1k, 05treetlight In addition to a backlog of$11.2 million,replacement needs are forecasted to be$1.1 million in the next five years; an additional$1.5 million is forecasted in replacement needs between 2022-2026.The municipality's annual requirements (indicated by the black line) for its road network total$1 million.At this funding level,the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However,the municipality is currently allocating$630,000,leaving an annual deficit of$370,000.See the'Financial Strategy'section for achieving a more optimal and sustainable funding level. Further,while fulfilling the annual requirements will position the municipality to meet its future replacement needs,injection of additional revenues will be needed to mitigate existing infrastructure backlogs. 35 bayham_amp2_d2_1205 1.6 Recommendations — Road Network — Primarily assessed condition data indicates a backlog of$11.2 million and significant 10-year replacement needs of$2.6 million.The municipality should continue its condition assessments of road surfaces (asphalt,gravel,tar&chip),and expand the program to incorporate all assets in order to more precisely estimate its actual financial requirements and field needs.See Section 2, 'Condition Assessment Programs'in the'Asset Management Strategies' chapter. — The data collected through condition assessment programs should be integrated into a risk management framework which will guide prioritization of the backlog as well as short,medium, and long-term replacement needs. See Section 4, 'Risk'in the 'Asset Management Strategies' chapter for more information. — In addition to the above,a tailored lifecycle activity framework should also be developed to promote standard lifecycle management of the road network as outlined further within the "Asset Management Strategy" section of this AMP. — Road network key performance indicators should be established and tracked annually as part of an overall level of service model. See Section 7 'Levels of Service'. — The municipality is funding 63% of its long-term requirements on an annual basis.See the 'Financial Strategy'section on how to achieve more sustainable funding levels. 36 bayham_amp2_d2_1205 2. Bridges & Culverts 2.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost Table 7 illustrates key asset attributes for the municipality's bridges &culverts,including quantities of various assets,their useful life, their replacement cost,and the valuation method by which the replacement costs were derived. In total,the municipality's bridges & culverts assets are valued at$3.4 million based on 2016 replacement costs.The useful life indicated for each asset type below was assigned by the municipality. Table 7 Key Asset Attributes—Bridges&Culverts Asset Type Asset Component Quantity Useful Life(Years) 2016 Unit Replacement Cost 2016 Overall Replacement Cost Bridges 7 40 User-Defined Cost $3,175,000 Bridges&Culverts Culverts 9 40 User-Defined Cost $274,000 Total $3,449,000 37 bayham_amp2_d2_1205 Figure 16 Asset Valuation—Bridges&Culverts Culvert:$274,000(7.44%) Bridge;$3,175A00(92.06%) 38 bayham_amp2_d2_1205 2.2 Historical Investment in Infrastructure Figure 17 shows the municipality's historical investments in its bridges &culverts since 1950.While observed condition data will provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such information, understanding past expenditure patterns and current useful life consumption levels (Section 2.3) can inform the forecasting and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of December 31, 2016. Figure 17 Historical Investment—Bridges&Culverts 1,m00,000 1,200,000 1.000,000 800,000- 600,000 400,000- 200,000- 0 47� id g w 4i c q ro ID) �m m o g ^?� ryC7 ryC� ry6 •• Bridge Cu•.er: The municipality has invested sporadically in its bridges and culverts since 1950. In the early 2000s,the period of largest investment, $1.3 million was invested with$1.25 million put into bridges. 39 bayham_amp2_d2_12O5 2.3 Useful Life Consumption In conjunction with historical spending patterns and observed condition data,understanding the consumption rate of assets based on industry established useful life standards provides a more complete profile of the state of a community's infrastructure. Figure 18 illustrates the useful life consumption levels as of 2016 for the municipality's bridges&culverts. Figure 18 Useful Life Consumption—Bridges&Culverts Over 1 G Years Remalning:$1,384,000(40.13%) Service Life Expired:$1,530,000(44.36%) 6-10 Years Remaining.$0(0.00%) 0-5 Years Remaining:$535.000(15.51 k) 40% of the assets have at least 10 years of useful life remaining while 44%,with a valuation of$1.5 million,remain in operation beyond their useful life.An additional 15%will reach the end of their useful life within the next five years. 40 bayham_amp2_d2_1205 2.4 Current Asset Condition Using replacement cost,in this section we summarize the condition of the municipality's bridges& culverts as of 2016. By default,we rely on observed field data adapted from OSIM inspections as provided by the municipality. In the absence of such information,age-based data is used as a proxy. All assets are based on assessed data. Figure 19 Asset Condition—Bridges&Culverts(Condition-based) Very Good:$1,327,000(38.47%) Very Poor:$1,530,000(44.36%) Good:$57,000(1.65%) Fair:$0{0 O%) Poor.$535,000(15.Sl%) Age-based data indicates that while 40%of the municipality's bridges &culverts are in good to very good condition,60%,with a valuation of$2 million,are in poor to very poor condition. 41 bayham_amp2_d2_1205 2.5 Forecasting Replacement Needs In this section,we illustrate the short-,medium-and long-term infrastructure spending requirements (replacement only) for the municipality's bridges&culverts.The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades.In the absence of observed data,the backlog represents the value of assets that remain in operation beyond their useful life. Figure 20 Forecasting Replacement Needs—Bridges&Culverts 1,600,060 1 A00,Q60- 1,200,000 1,000,060 800,000 — 600,GGD a00,oao — 200,000 0 py O� ry ryb M Mb 6 6b O 4b O O ■culvert ■a0dge In addition to a backlog of$1.5 million,replacement needs will total zero in the next five years,however$535,000 will be required between 2022 and 2026.The municipality's annual requirements (indicated by the black line) for its bridges&culverts total$86,000.At this funding level,the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits.The municipality is currently allocating zero funds, leaving an annual deficit of$86,000.See the'Financial Strategy'section for achieving a more optimal and sustainable funding level. Further,while fulfilling the annual requirements will position the municipality to meet its future replacement needs,injection of additional revenues will be needed to mitigate existing infrastructure backlogs. 42 bayham_amp2_d2_1205 2.6 Recommendations — Bridges & Culverts — Assessed-based data indicates a significant backlog of$1.5 million and 10-year replacement needs of$535,000.The results and recommendations from the OSIM inspections should be incorporated into the AMP analysis and used to generate the short-and long-term capital and maintenance budgets for the bridge and large culvert structures. See Section VIII, 'Asset Management Strategies'. — Bridge&culvert structure key performance indicators should be established and tracked annually as part of an overall level of service model.See Section VII 'Levels of Service'. — The municipality is funding 0% of its long-term requirements on an annual basis. See the 'Financial Strategy'section on how to achieve more sustainable and optimal funding levels. 43 bayham_amp2_d2_1205 3. Water System 3.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost Table 8 illustrates key asset attributes for the municipality's water system,including quantities of various assets,their useful life, replacement costs, and the valuation method by which the replacement costs were derived. In total,the municipality's water system assets are valued at$9.6 million based on 2016 replacement costs.The useful life indicated for each asset type below was assigned by the municipality. Table 8 Key Asset Attributes—Water Asset Type Asset Component Quantity Useful Life(Years) 2016 Unit Replacement 2016 Overall Cost Replacement Cost Curb Stops 750 35 User-Defined Cost $600,037 Fire Hydrants 83 35 User-Defined Cost $361,868 Water Mains(38mm) 0.05km 100 User-Defined Cost $10,951 Water Mains(50mm) 0.65km 100 User-Defined Cost $188,653 Water System Water Mains(150mm) 16.5km 100 User-Defined Cost $3,290,295 Water Mains(200mm) 3.8km 100 User-Defined Cost $1,074,705 Water Mains(250mm) 10.82km 100 User-Defined Cost $3,067,598 Water Treatment Plant 23 20,50,70 User-Defined Cost $277,658 Water Valves 119 35 User-Defined Cost $277,183 Water Facilities 2 70 User-Defined Cost $80,805 Water Meters 832 35 User-Defined Cost 402,000 Total $9,631,753 44 bayham-amp2-U-1205 Figure 21 Asset Valuation—Water System Water Facilities:$80,805(0.84%) Water Valves: $277,133 (2.88%) Water Treatment Plant: $277,658(2.88%) Fire Hydrants: $361,868 (3.76%) Water Meters: $402,000 (4.17%) Curb Stops: $600,037(6,23%) Water Mains: $7,632,202(79.24%) 45 bayham_amp2_d2_1205 3.2 Historical Investment in Infrastructure Figure 22 shows the municipality's historical investments in its water system since 1950.While observed condition data will provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such information, understanding past expenditure patterns and current useful life consumption levels (Section 3.3) can inform the forecasting and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of December 31, 2016. Figure 22 Historical Investment—Water System 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 a jai 1� o 10 Ra R1 9�� Bad ca � 9� 9� � � ,yOd �r4 �C7 M4 Curb Stops OFireHydrarits 0 Water Facilities Water Mains IMP Water Meters M Water Treament plant 0 Water Valves Investments in the water system have been sporadic since the 1950s. In the 1970s,the period of largest investment, $7 million was invested in the water systems with the whole amount put into watermains. 46 bayham_amp2_d2_1205 3.3 Useful Life Consumption In conjunction with historical spending patterns and observed condition data, understanding the consumption rate of assets based on industry established useful life standards provides a more complete profile of the state of a community's infrastructure. Figure 23 illustrates the useful life consumption levels as of 2016 for the municipality's water system. Figure 23 Useful Life Consumption—Water System Service Life Expired:$0[0.flfl% 0-5 Years Remaining:$0(0.06) 6-10 Years Remaining:$o(o.00%) Over 10 Years Remaining:$9r631,753(100.00 ) 100% of assets have at least 10 years of useful life remaining. 47 bayham_amp2_d2_1205 3.4 Current Asset Condition Using replacement cost, in this section we summarize the condition of the municipality's water services. By default,we rely on observed field data as provided by the municipality. In the absence of such information,age-based data is used as a proxy.The municipality has provided condition data for all of its water assets. Figure 24 Asset Condition—Water System(Condition-based) Very Poor:$❑((O.00%) Very Good:$0(0.00%) poor:$d(0.00%) Good:$2,600,124(27.00%) Fair:$7,031,629(73.00%) Based on assessed data, 27% of assets are in good to very good condition while 73%,with a valuation of$7 million,are in fair condition. 48 bayham_amp2_d2_1205 3.5 Forecasting Replacement Needs In this section,we illustrate the short-, medium-and long-term infrastructure spending requirements (replacement only) for the municipality's water system assets.The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades. In the absence of observed data,the backlog represents the value of assets that remain in operation beyond their useful life. Figure 25 Forecasting Replacement Needs—Water System 1,800,000 1,600,000 1,400,DOD 1,200,000 1,000,000 800,000 600,00D 400,000 200,000 D 4 rLG r0 +O PO ti n: ry0 �� Curb Stops �Wates Treatment Plent �Wattr Mains Fire Hydrants Water Meters MWater Valdes Assessed condition data shows no backlog and no replacement needs for the next 15 years.The municipality's annual requirements (indicated by the black line) for its water system total $136,000.At this funding level,the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However,the municipality is currently allocating$173,000 toward the water network leaving an annual surplus of$37,000. See the `Financial Strategy'section for achieving a more optimal and sustainable funding level. 49 bayham_amp2_d2_1205 3.6 Recommendations — Water System — Condition data shows no backlog and minimal 15-year replacement needs.The municipality should continue its condition assessment program of its water assets to precisely estimate its financial requirements and field needs. See Section 2,'Condition Assessment Programs'in the 'Asset Management Strategies' chapter. — The data collected through condition assessment programs should be integrated into a risk management framework which will guide prioritization of short,medium,and long term replacement needs. See Section 4, 'Risk' in the'Asset Management Strategies' chapter for more information. — In addition to the above, a tailored lifecycle activity framework should be developed to promote standard lifecycle management of the water system as outlined further within the"Asset Management Strategy"section of this AMP. — Water distribution system key performance indicators should be established and tracked annually as part of an overall level of service model.See Section VII 'Levels of Service'. — The municipality should assess its short-,medium-and long-term capital,and operations and maintenance needs. — An appropriate percentage of the replacement costs should then be allocated for the municipality's 0&M requirements. — The municipality is funding all of its long-term requirements on an annual basis.See the 'Financial Strategy'section on how to achieve more sustainable and optimal funding levels. 50 bayham_amp2_d2_1205 4. Wastewater Systems 4.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost Table 9 illustrates key asset attributes for the municipality's wastewater system portfolio,including quantities of various assets,their useful life,replacement costs,and the valuation method by which the replacement costs were derived. In total,the municipality's wastewater system assets are valued at$26.7 million based on 2016 replacement costs.The useful life indicated for each asset type below was assigned by the municipality. Table 9 Asset Inventory—Wastewater Systems Asset Type Asset Component Quantity Useful Life(Years) 2016 Unit Replacement 2016 Overall Cost Replacement Cost Sanitary Sewer Mains(50mm) 1.2km 100 User-Defined Cost $516,923 Sanitary Sewer Mains(100mm) 5.05km 100 User-Defined Cost $2,143,808 Sanitary Sewer Mains(150mm) 0.8km 100 User-Defined Cost $296,091 Sanitary Sewer Mains(200mm) 23.19km 100 User-Defined Cost $9,794,749 Sanitary Sewer Mains(250mm) 9.8km 100 User-Defined Cost $4,474,112 Wastewater Sanitary Sewer Mains(300mm) 0.26km 100 User-Defined Cost $94,193 Systems Sanitary Sewer Mains(350mm) 4.35km 100 User-Defined Cost $1,466,750 Sanitary Sewer Valves 42 35 User-Defined Cost $138,617 Wastewater Equipment 35 15,20,25 User-Defined Cost $392,289 Wastewater Facilities 29 20,25,40,50,75 User-Defined Cost $7,348,044 Wastewater Vehicles 2 10 User-Defined Cost $70,000 Total $26,735,576 51 bayham_amp2_d2_1205 Figure 26 Asset Valuation—Wastewater System Wastewater Vehicles:$70,000(0.26%) Sanitary Sewer Valves:$138,617(0.52%) Wastewater Equipment:$392,289(1.47%) Wastewater Facilities:$7,348,044(27.48%) Sanitary Sewer Mains:$18.786,626(70.27%) 52 bayham_amp2_d2_1205 4.2 Historical Investment in Infrastructure Figure 27 shows the municipality's historical investments in its wastewater system since 1950.While observed condition data will provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans,in the absence of such information,understanding past expenditure patterns and current useful life consumption levels (Section 4.3) can inform the forecasting and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of December 31, 2016. Figure 27 Historical Investment—Wastewater System 22,000,OOD 20,000,D00 18,000;0OD 161000,DOD 14,000;DOD 12,000,DOD — 10,000,DDD 8,000,0DD 6,000,DOD 4.000.DOO 2,OOO,OOD D �b�i ;R �Sanitary Sewer Mains Sanitary Sewer Valves Wastewater Equipment �Wastewacer Faclli:ies 'v'Jastewarer Vehicles Major investments into the municipality's wastewater assets began in the late 1980s. Investments then fluctuated and peaked in the early 2000s at$22 million.During this time$15.8 million was put into sanitary sewer mains. 53 bayham_amp2_d2_1205 4.3 Useful Life Consumption In conjunction with historical spending patterns and observed condition data,understanding the consumption rate of assets based on industry established useful life standards provides a more complete profile of the state of a community's infrastructure. Figure 28 illustrates the useful life consumption levels as of 2016 for the municipality's wastewater system. Figure 28 Useful Life Consumption—Wastewater System Service Life Expired:$264,256(0,99%) 0-5 Years Remaining:$636,871 (2.38%) 6-10 Years Remaining:$1,618,59S{6.05%) Over 10 Years Remaining:$24.215,SS4(90.58%) 91% of assets have at least 10 years of useful life remaining while 1%,with a valuation of$264,000, remain in operation beyond their useful life. 54 bayham_amp2_d2_1205 4.4 Current Asset Condition Using replacement cost, in this section we summarize the condition of the municipality's sanitary services as of 2016. By default,we rely on observed field data as provided by the municipality. In the absence of such information,age-based data is used as a proxy.The municipality has provided condition data for all wastewater system assets. Figure 29 Asset Condition—Wastewater System(Condition-based) Very Poor:$871,127(3.26%) Very Good:$0(0.00%) Poor.$2,034,857(7.6195) a Fair:$5,415,575(20.26%) Good:$18,414,018(68.87%) Assessed data indicates that 69% of the assets are in good to good to very good condition,while 11%,with a valuation of$3 million, are in poor to very poor condition. 55 bayham_amp2_d2_1205 4.5 Forecasting Replacement Needs In this section,we illustrate the short-,medium-and long-term infrastructure spending requirements (replacement only) for the municipality's wastewater system assets.The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades. In the absence of observed data,the backlog represents the value of assets that remain in operation beyond their useful life. Figure 30 Forecasting Replacement Needs—Wastewater System 3s00,000 3,000,a00 zs00.000 2,000,000 — 1,s00,000 — — — 1,000,000 — s00,000 — 0 o n. ry M M4i a b° hb m o" A '4 � ti 'i bR% ttn ti /� yeti ry0 ,�Ory �Ory ryOm ry0� �6 ry6 ry0� ryOh ry6 MWastewaxer Vehides ■wascew Fa 111ie, Wasxe ,,Equipment In addition to a backlog of$456,000,replacement needs are forecasted to be$444,000 in the next five years,and an additional$1.2 million will be required from 2022 to 2026.The municipality's annual requirements (indicated by the black line) for its wastewater assets total$420,000.At this level,funding would be sustainable and replacement needs could be met as they arise without the need for deferring projects.The municipality is currently allocating$423,000 towards the Sanitary Sewer Network creating an annual surplus of $3000.See the'Financial Strategy'section for achieving a more optimal and sustainable funding level. Further,while fulfilling the annual 56 bayham_amp2_d2_1205 requirements will position the municipality to meet its future replacement needs,injection of additional revenues will be needed to mitigate existing infrastructure backlogs. 57 bayham_amp2_d2_1205 4.6 Recommendations — Wastewater System — Condition data indicates a backlog of$465,000 and 10-year replacement needs of$1.6 million. The municipality should continue its condition assessment program of its wastewater assets to precisely estimate its financial requirements and field needs. See Section 2,'Condition Assessment Programs'in the'Asset Management Strategies' chapter. — The data collected through condition assessment programs should be integrated into a risk management framework which will guide prioritization of short,medium,and long term replacement needs. See Section 4, 'Risk' in the'Asset Management Strategies' chapter for more information. — In addition to the above, a tailored lifecycle activity framework should be developed to promote standard lifecycle management of the wastewater system as outlined further within the "Asset Management Strategy"section of this AMP. — Wastewater collection system key performance indicators should be established and tracked annually as part of an overall level of service model. See Section VII 'Levels of Service'. — The municipality should assess its short-,medium-and long-term operations and maintenance needs.An appropriate percentage of the replacement costs should then be allocated for the municipality's 0&M requirements. — The municipality is funding all of its long-term requirements on an annual basis.See the 'Financial Strategy'section on how to achieve more sustainable and optimal funding levels. 58 bayham_amp2_d2_1205 5. Storm Network 5.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost Table 10 illustrates key asset attributes for the municipality's storm network,including quantities of various assets,their useful life,their replacement cost,and the valuation method by which the replacement costs were derived. In total,the municipality's storm network assets are valued at$19 million based on 2016 replacement costs.The useful life indicated for each asset type below was assigned by the municipality. Table 10 Asset Inventory—Storm Network Asset Type Asset Component Quantity Useful Life in Years Valuation Method 2016 Replacement Cost Storm Network Storm Water Network 2 40 User-Defined Cost $19,000,000 Total $19,000,000 59 bayham_amp2_d2_1205 Figure 31 Asset Valuation—Storm Network Storm Water Network: $19,000,000 (100 00%) 60 bayham_amp2-U-1205 5.2 Historical Investment in Infrastructure Figure 32 shows the municipality's historical investments in its storm network since 1950.While observed condition data will provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans,in the absence of such information, understanding past expenditure patterns and current useful life consumption levels (Section 5.3) can inform the forecasting and planning of infrastructure needs and in the development of a capital program.Note that this graph only includes the active asset inventory as of December 31, 2016. Figure 32 Historical Investment—Storm Network 14,000,000 12,000,000 1 U00,000 BM0,000 6r000,000 4.000,000 4000,000 0 ^v ^v ^v ^v a i gcp c gcp ^0 gId g^ �m 4i a gac ga 110 c i fiery ge.1 4011 , Storm Water Network The storm water network was installed before 1985 with the largest investment taking place in the early 1970s with a valuation of$14 million with a focus on storm mains. 61 bayham_amp2_d2_1205 5.3 Useful Life Consumption In conjunction with historical spending patterns and observed condition data,understanding the consumption rate of assets based on industry established useful life standards provides a more complete profile of the state of a community's infrastructure. Figure 33 illustrates the useful life consumption levels as of 2016 for the municipality's storm assets. Figure 33 Useful Life Consumption—Storm Network Over 10 Years Remaining:$0{{O.00�'o� 6-10 Years Remaining:$0(0.00%) 0-5 Years Remaining:KOMODO(26.32%) Service Life Expired:$14,000,000(73.68%) 26% of the assets have up to 5 years of useful life remaining while 74%,with a valuation of$14 million,remain in operation beyond their useful life. 62 bayham_amp2_d2_1205 5.4 Current Asset Condition Using replacement cost, in this section we summarize the condition of the municipality's storm services. By default,we rely on observed field data as provided by the municipality. In the absence of such information,age-based data is used as a proxy.The municipality has provided 100% condition data for its storm network assets. Figure 34 Asset Condition—Storm Network(Condition-based) Very Gaud: 0(0.00%) Good; $0 (0.00%) Fair: $0 (0.00%) Poor: $0 (0.00%) Very Pear: $19,000,000 (100.00 10) Based on assessed data,all the storm network assets are in very poor condition. 63 bayham_amp2_d2_1205 5.5 Forecasting Replacement Needs In this section,we illustrate the short-,medium-and long-term infrastructure spending requirements (replacement only) for the municipality's storm assets.The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades. In the absence of observed data,the backlog represents the value of assets that remain in operation beyond their useful life. Figure 35 Forecasting Replacement Needs—Storm Network 1a,000,000 1 z,oao,D00 1D,000,00D — — a,aoo,000 e,000,Goo a,aoo,000 2,000,DOD 0 0o w m m m h ti v ti ti ti ti� ti ti v Storm Water Network Assessed data shows a backlog of$14 million and ten-year replacement needs of$5 million.The municipality's annual requirements (indicated by the black line) for storm assets total$475,000.At this funding level,the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits.The municipality is currently allocating$75,000 towards the storm network leaving an annual deficit of$400,000. See the `Financial Strategy'section for achieving a more optimal and sustainable funding level.Further,while fulfilling the annual requirements will position the municipality to meet its future replacement needs,injection of additional revenues will be needed to mitigate existing infrastructure backlogs. 64 bayham_amp2_d2_1205 5.6Recommendations — Storm Network — Condition data indicates a backlog of$14 million and 10-year replacement needs of$5 million. The municipality should continue its condition assessment program of its storm assets to precisely estimate its financial requirements and field needs.See Section 2,'Condition Assessment Programs'in the'Asset Management Strategies'chapter. — Using the above information,the municipality should assess its short-,medium-and long-term capital,and operations and maintenance needs. — An appropriate percentage of the replacement value of the assets should then be allocated for the municipality's C&M requirements. — Storm network key performance indicators should be established and tracked annually as part of an overall level of service model.See Section VII 'Levels of Service'. — The municipality is funding 16% of its long-term requirements on an annual basis. See the 'Financial Strategy'section on how to achieve more sustainable and optimal funding levels. 65 bayham_amp2_d2_1205 6. Buildings & Facilities 6.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost Table 11 illustrates key asset attributes for the municipality's buildings &facilities,including quantities of various assets,their useful life, their replacement cost,and the valuation method by which the replacement costs were derived. In total,the municipality's buildings assets are valued at$5.8 million based on 2016 replacement costs.The useful life indicated for each asset type below was assigned by the municipality. Table 11 Key Asset Attributes—Buildings&Facilities Asset Type Asset Component Quantity Useful Life in Years Valuation Method 2016 Replacement Cost HVAC 14 20 User Defined Cost $643,999 Interior 8 35 User Defined Cost $1,668,118 Buildings Roof 7 15 User Defined Cost $418,864 Services 8 30 User Defined Cost $990,158 Shell 8 55 User Defined Cost $1,200,929 Substructure 9 95 User Defined Cost $947,649 Total $5,869,717 66 bayham_amp2_d2_1205 Figure 36 Asset Valuation—Buildings&Facilities Roof: $418,864(7.14%) HVAC.$643,999(10.97%) Interior:$1,668,118(28.42%) Substructure:$947,649(16.14%) Shell: $1,24€},929(20.483b} Services: $99Q158(1 fi,87�'0) 67 bayham_amp2_d2_1205 6.2 Historical Investment in Infrastructure Figure 37 shows the municipality's historical investments in its buildings &facilities since 1950.While observed condition data will provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans,in the absence of such information,understanding past expenditure patterns and current useful life consumption levels (Section 6.3) can inform the forecasting and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of December 31, 2016. Figure 37 Historical Investment—Buildings&Facilities 2400,000 2,200,006 2,000,006 1,800,OOa 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 — 0 MHVAC Mlr:erior MRoof Services Shell ESubstructure The municipality's investments into its building assets has fluctuated starting in 1980. In 2016,the period of largest investment, $2.2 million was invested into the building assets with a focus on interiors. 68 baybam_amp2_d2_1205 6.3 Useful Life Consumption In conjunction with historical spending patterns and observed condition data, understanding the consumption rate of assets based on industry established useful life standards provides a more complete profile of the state of a community's infrastructure. Figure 38 illustrates the useful life consumption levels as of 2016 for the municipality's buildings assets. Figure 38 Useful Life Consumption—Buildings&Facilities Service Life Expired:$611,768(10A2%) 0-5 Years Remaining$275,673(4.70%) 6-10 Years Remaining:$290,243(4.94%5 i Over 10 Years Remaining:$4,692,033(79.94%) 80% of buildings assets have at least 10 years of useful life remaining; 10%,with a valuation of $612,000 remain in operation beyond their established useful life. 69 bayham_amp2_d2_1205 6.4 Current Asset Condition Using replacement cost, in this section we summarize the condition of the municipality's buildings assets. By default,we rely on observed field data as provided by the municipality. In the absence of such information,age-based data is used as a proxy.The municipality has provided condition data for 100% of its structures. Figure 39 Asset Condition—Buildings&Facilities(Condition-based) Very Pocr $887,441 (15.12%) Poor:$95,643(1.65%) l Very Good:$2,873,730(48,96%) Fair:$1,188,454(20.25%) Good:$823,449(14.0%) 63% of buildings assets,with a valuation of$3.7 million,are in good to very good condition; 17% are in poor to very poor condition. 70 bayham_amp2_d2_1205 6.5 Forecasting Replacement Needs In this section,we illustrate the short-,medium-and long-term infrastructure spending requirements (replacement only) for the municipality's buildings assets.The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades.In the absence of observed data,the backlog represents the value of assets that remain in operation beyond their useful life. Figure 40 Forecasting Replacement Needs—Buildings&Facilities 2.200.000 2,000,000 1;800,000 1,600.000 1,400.000 1,200,000 - 1,000,000 800.000 600,000 400.000 200,000 0 0� o ONN �^i o^Jry 0^1 N b• �}N h bN ■S,bA...wre ■Shell ■HVAC ".Roaf ■Interior MS- Condition data indicates a backlog of$865,000 and minimal ten-year replacement needs of$153,000.The municipality's annual requirements (indicated by the black line) for its buildings total$173,000.At this funding level,the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits.The municipality is currently allocating$200,000,leaving an annual surplus of$27,000.See the'Financial Strategy' section for achieving a more optimal and sustainable funding level.Further,injection of additional revenues will be needed to mitigate existing infrastructure backlogs. 71 bayham_amp2_d2_1205 6.6 Recommendations — Buildings & Facilities — The municipality should continue its condition inspection program for its buildings&facilities to precisely estimate future financial needs. See Section 2, 'Condition Assessment Programs'in the 'Asset Management Strategies' chapter. — The data collected through condition assessment programs should be integrated into a risk management framework which will guide prioritization of short,medium,and long term replacement needs. See Section 4, 'Risk' in the'Asset Management Strategies'chapter for more information. — In addition to the above,a tailored lifecycle activity framework should be developed to promote standard lifecycle management of buildings &facilities as outlined further within the"Asset Management Strategy"section of this AMP. — Using the above information,the municipality should assess its short-,medium- and long-term capital,and operations and maintenance needs. — An appropriate percentage of the replacement costs should then be allocated for the municipality's 0&M requirements. — Facility key performance indicators should be established and tracked annually as part of an overall level of service model. See Chapter VII, 'Levels of Service'. — The municipality is funding all of its long-term requirements on an annual basis.See the 'Financial Strategy'section on how to achieve more sustainable and optimal funding levels. 72 bayham_amp2_d2_1205 7. Machinery & Equipment 7.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost Table 12 illustrates key asset attributes for the municipality's machinery&equipment,including quantities of various assets,their useful life,their replacement cost,and the valuation method by which the replacement costs were derived. In total,the municipality's machinery &equipment assets are valued at$1.1 million based on 2016 replacement costs.The useful life indicated for each asset type below was assigned by the municipality. Table 12 Asset Inventory—Machinery&Equipment Asset Type Components Quantity Useful Life in Years Valuation Method 2016 Replacement Cost Facility Equipment 5 20 User Defined $42,000 Machinery& Fire Equipment 304 10,15,20,25 User Defined $532,600 Equipment IT 31 5,10 User Defined $199,000 Public Works Equipment 161 10,15,20,25,30 User Defined $372,600 Total $1,146,200 73 bayham_amp2_d2_1205 Figure 41 Asset Valuation-Machinery&Equipment Facililty EquBpment:$42,g00(3.66%) IT:$199;000(17.36%) Fire Equipment:$532,600(46.47%) Public Works Equipment: $372,600(32.51%) 74 bayham_amp2_d2_1205 7.2 Historical Investment in Machinery & Equipment Figure 42 shows the municipality's historical investments in its machinery&equipment since 1950.While observed condition data will provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such information,understanding past expenditure patterns and current useful life consumption levels (Section 7.3) can inform the forecasting and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of December 31, 2016. Figure 42 Historical Investment—Machinery&Equipment 400,000 350,000 300,000 250,000 200,0n0 1 50,00a n00,000 50,000 0 �f ny A5 � �a'f � � � tier � M 'lI ^✓ •^J chi 4'i o h c3 4i i �i o � 0 4i rtt'a ,� Facility Equipment Fire Equipment MIT Public Works Equipment The municipality rapidly expanded its machinery&equipment portfolio beginning in the early 2000s.Between 2005 and 2016,the period of largest investment,$942,000 was invested in the machinery and equipment category. 75 baybam_amp2_d2_12O5 7.3 Useful Life Consumption In conjunction with historical spending patterns and observed condition data,understanding the consumption rate of assets based on industry established useful life standards provides a more complete profile of the state of a community's infrastructure. Figure 43 illustrates the useful life consumption levels as of 2016 for the municipality's machinery&equipment assets. Figure 43 Useful Life Consumption—Machinery&Equipment Service Life Expired:$65,000(5.67%) 0-5 Years Remaining:$154,000(13.44%) Over 10 Years Remaining:$490.606(42.80%) 6-10 Years Remaining:$436,600(38.09%) While 43% of assets have at least 10 years of useful life remaining, 6%,with a valuation of$65,000, remain in operation beyond their useful life.An additional 13%will reach the end of their useful life within the next five years. 76 1hayham_amp2_d2_1205 7.4 Current Asset Condition Using replacement cost, in this section we summarize the condition of the municipality's machinery &equipment assets as of 2016. By default,we rely on observed field data as provided by the municipality.In the absence of such information,age-based data is used as a proxy.The municipality has provided condition data for 100%of its machinery&equipment assets Figure 44 Asset Condition—Machinery&Equipment(Condition-based) Very Poor$82,000(7.15%) Poor:$56,000(4.89%) Very Goad:$316,000(27.57%) Fair:$337,600(29.45%) Good:$354,600(30.94%) Based on assessed data, 12% of assets,with a valuation of$138,000,are in poor to very poor condition; 59%are in good to very good condition. 77 bayham_amp2_d2_1205 7.5 Forecasting Replacement Needs In this section,we illustrate the short-,medium-and long-term infrastructure spending requirements (replacement only) for the municipality's machinery&equipment assets.The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades.In the absence of observed data,the backlog represents the value of assets that remain in operation beyond their useful life. Figure 45 Forecasting Replacement Needs—Machinery&Equipment 550,000 — I 500.000 450,000 — 400.000 — 350.000 300,000 250,000 — 200,000 150.000 100.000 50.000 0 tia0 Y N� "7 M� 4 �b h h� ki Nib OFF MEire Equipment MPubli,Works Equipment WFadhry Eq,ipmem In addition to a backlog of$82,000,the municipality's replacement needs total$137,000 in the next five years.An additional$536,000 will be required between 2022-2026.The municipality's annual requirements (indicated by the black line) for its machinery&equipment total$82,000.At this funding level,the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits.However,the municipality is currently allocating$10,000,leaving an annual deficit of$72,000.See the 'Financial Strategy'section for maintaining a sustainable funding level. 78 bayham_amp2_d2_1205 Further,while fulfilling the annual requirements will position the municipality to meet its future replacement needs,injection of additional revenues will be needed to mitigate existing infrastructure backlogs. 79 bayham_amp2_d2_1205 7.6 Recommendations — Machinery & Equipment — Condition data indicates a backlog of$82,000 and 10-year replacement needs of$673,000.The municipality should continue its condition assessment program of its machinery&equipment assets to precisely estimate its financial requirements and field needs. See Section 2, `Condition Assessment Programs'in the `Asset Management Strategies' chapter. — Using the above information,the municipality should assess its short-,medium- and long-term capital,and operations and maintenance needs. — An appropriate percentage of the replacement costs should then be allocated for the municipality's 0&M requirements. — The municipality is funding 12% of its long-term requirements on an annual basis. See the `Financial Strategy'section on how to maintain sustainable and optimal funding levels. 80 bayham_amp2_d2_1205 8. Land Improvements 8.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost Table 13 illustrates key asset attributes for the municipality's land improvements,including quantities of various assets,their useful life, their replacement cost,and the valuation method by which the replacement costs were derived.In total,the municipality's land improvements assets are valued at$1.4 million based on 2016 replacement costs.The useful life indicated for each asset type below was assigned by the municipality. Table 13 Asset Inventory-Land Improvements Asset Type Components Quantity Useful Life in Years Valuation Method 2016 Replacement Cost Ball Diamonds 1 20 User-Defined Cost $89,236 Fencing 2 20 User-Defined Cost $11,076 Land Lighting 2 20 User-Defined Cost $62,819 Improvements Parking Lot 6 20 User-Defined Cost $141,921 Pavilion 2 20 User-Defined Cost $24,495 Pier 2 20 User-Defined Cost $482,571 Playground Equipment 8 20 User-Defined Cost $466,017 Recycling Amenities 30 20 User-Defined Cost $30,355 Skatepark 1 20 User-Defined Cost $55,400 Stairs 1 20 User-Defined Cost $11,207 Tennis Court 1 20 User-Defined Cost $15,092 Well 1 20 User-Defined Cost $7,507 Total $1,397,696 81 ZO5 Figure 46 Asset Valuation—Land Improvements Recycling Amenities:$30,355(2.17%) \ Ball Diamonds: $89,236(6.38%) Parking Lot: $141,921 (10.15%) 82 bayham_amp2_d2_1205 8.2 Historical Investment in Infrastructure Figure 47 shows the municipality's historical investments in its land improvements since 1950.While observed condition data will provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans,in the absence of such information,understanding past expenditure patterns and current useful life consumption levels (Section 8.3) can inform the forecasting and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of December 31, 2016. Figure 47 Historical Investment—Land Improvements 800.000 M UUO- 6ao,000 500.000 aoo,aoo — — 300,000 i� K UUU 100,a0a o°r l ,, 21 h� H� q-6 �bh h1 � Al � A 0 �r16 � a1 ,a, h �6 h� ry0 O M9a11Di—,d, OFendng MLigh-g Parldng La, Pavilion MPi., MPlaygr—dEquipmen, MReryding Ame---E Sk—park MSreirs ET—is C.— Well Expenditures in land improvements have fluctuated across the decades. Between 2005 and 2014,the period of largest investment, $1 million was invested with a focus on piers and playground equipment. 83 bayham_amp2_d2_1205 8.3 Useful Life Consumption In conjunction with historical spending patterns and observed condition data,understanding the consumption rate of assets based on industry established useful life standards provides a more complete profile of the state of a community's infrastructure. Figure 48 illustrates the useful life consumption levels as of 2016 for the municipality's land improvement assets. Figure 48 Useful Life Consumption—Land Improvements Service Life Expired:$238,302(17.05Vb) 0-5 Years Remaining:$45,051(3.22%) 6-10 Years Remaining:$119,895(8.58%) Over 10 Years Remaining:$994,448(71.15%) 71% of the municipality's land improvement assets,with a valuation of$994,000,have at least 10 years of useful life remaining.An additional 17%will remain in operation beyond their established useful life. 84 bayham_amp2_d2_1205 8.4 Current Asset Condition Using replacement cost, in this section we summarize the condition of the municipality's land improvement assets. By default,we rely on observed field data as provided by the municipality. In the absence of such information,age-based data is used as a proxy.The municipality has provided condition data for all land improvement assets. Figure 49 Asset Condition-Land Improvements(Condition-based) Very Poor:$238,302(17.05%) Poor:$45,051(3.22%) Very Good:$544,248(38.94%) Fair:$119,895(8.58%) Good:$450,200(32.21%) Based on assessed data, 71% of the municipality's land improvement assets,with a valuation of $994,000,are in good to very good condition; 20%are in poor to very poor condition. 85 bayham_amp2_d2_1205 8.5 Forecasting Replacement Needs In this section,we illustrate the short-,medium-and long-term infrastructure spending requirements (replacement only) for the municipality's land improvements assets.The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades. In the absence of observed data,the backlog represents the value of assets that remain in operation beyond their useful life. Figure 50 Forecasting Replacement Needs—Land Improvements 500,000 a50,00o- a00,000 350,W 0 300,000 250,000 200.000 150.000 100,000 50.0. 0 O ti N� M ^!b 7 b an �b b eon do ryo ho ho N ryo ryG ryo �� ry6 ■Ball Diamonds ■Fencing ■Lighting Tennis Court Playground Equipment ■Pawkon ■N, ■Pakmg Lot ■Ska pa,k ■Well ■Scans ■RegdmgAmeni ■Bleachers ■Bake�11Court Sign Flag Poles Based on assessed data there is a backlog$238,000 and the municipality's replacement needs total$45,000 in the next five years. Additionally,replacement needs will total$120,000 between 2022-2026.The municipality's annual requirements (indicated by the black line) for its land improvements total$55,000.At this funding level,the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However,the municipality is currently allocating$10,000,leaving an annual deficit of$45,000.See the'Financial Strategy'section for 86 bayham_amp2_d2_1205 achieving a more optimal and sustainable funding level. Further,while fulfilling the annual requirements will position the municipality to meet its future replacement needs,injection of additional revenues will be needed to mitigate existing infrastructure backlogs. 87 bayham_amp2_d2_1205 8.6 Recommendations — Land Improvements — The municipality should continue its condition assessment program for its land improvement assets to precisely estimate financial needs. See Section 2, 'Condition Assessment Programs' in the 'Asset Management Strategies' chapter. — The data collected through condition assessment programs should be integrated into a risk management framework which will guide prioritization of short,medium,and long term replacement needs. See Section 4, 'Risk' in the'Asset Management Strategies'chapter for more information. — Using the above information,the municipality should assess its short-,medium- and long-term capital and operations and maintenance needs. — An appropriate percentage of the replacement costs should then be allocated for the municipality's 0&M requirements. — The municipality is funding 18% of its long-term replacement needs on an annual basis.See the 'Financial Strategy'section on how to achieve more sustainable and optimal funding levels 88 bayham_amp2_d2_1205 9. Vehicles 9.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost Table 14 illustrates key asset attributes for the municipality's vehicles portfolio,including quantities of various assets,their useful life, their replacement cost,and the valuation method by which the replacement costs were derived. In total,the municipality's vehicles assets are valued at$5.4 million based on 2016 replacement costs.The useful life indicated for each asset type below was assigned by the municipality. Table 14 Asset Inventory—Vehicles Asset Type Components Quantity Useful Life in Years Valuation Method 2016 Replacement Cost Construction 6 15,20 User-Defined Cost $1,620,000 Vehicles Fire Truck 6 20 User-Defined Cost $2,081,000 Pick Up Truck 7 10 User-Defined Cost $290,000 Tandem Truck 4 10 User-Defined Cost $1,400,000 Total $5,391,000 89 bayham_amp2_d2_1205 Figure 51 Asset Valuation—Vehicles Pick Up Truck:$290,000(5.38%) Tandem Truck:$1,400,000(25.97%) Fire Truck:$2,081,000(38.60%) COnstructidn:$1,620,000(30.05%) 90 bayham_amp2_d2_1205 9.2 Historical Investment in Infrastructure Figure 52 shows the municipality's historical investments in its vehicles portfolio since 1950.While observed condition data will provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such information, understanding past expenditure patterns and current useful life consumption levels (Section 9.3) can inform the forecasting and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of December 31, 2016. Figure 52 Historical Investment—Vehicles 2,800,000 2,600.000 2,400,000 2,200.000 2,000.000 1,800,000 1,600,000 1,400.000 1,20Q000 1,000.000 800.000 600.000 400,000 200.000 0 &yC5 �47 �C7 0 Construction EFireTruck E Pick U p Truck Tandem Truck Investments in vehicles began in the early 2000s. In 2005-2009,the period of largest investment,$2.7 million was invested with$1.7 million put into fire trucks. 91 bayham_amp2_d2_1205 9.3 Useful Life Consumption In conjunction with historical spending patterns and observed condition data, understanding the consumption rate of assets based on industry established useful life standards provides a more complete profile of the state of a community's infrastructure. Figure 53 illustrates the useful life consumption levels as of 2016 for the municipality's vehicles. Figure 53 Useful Life Consumption—Vehicles Service Life Expired:$0.00(0.00%) 0-5 Years Remaining:$490,000.00(9.09%) Over 10 Years Remaining:$2,681,000.00(49.73%) 6-10 Years Remaining:$2.D0,000:00(41.18%) 50% of assets have at least 10 years of useful life remaining.An additional 9%will reach the end of their useful life within the next five years. 92 bayham_amp2_d2_1205 9.4 Current Asset Condition Using replacement cost, in this section,we summarize the condition of the municipality's vehicles assets as of 2015. By default,we rely on observed field data as provided by the municipality. In the absence of such information,age-based data is used as a proxy.The municipality has provided condition data for 100% of all its vehicles. Figure 54 Asset Condition—Vehicles(Condition-based) Very Poor:$350,000(6.49%) Poor:$60,000(1.11%) Very Good:$1,220,000(22.63%) Fair:$605,000(11.22%) Good:$3,156,000(58.54%) Condition data shows that 8% of the municipality's vehicle assets are in poor to very poor condition; 81%,with a valuation of$4.4 million are in good to very good condition. 93 bayham_amp2_d2_1205 9.5 Forecasting Replacement Needs In this section,we illustrate the short-,medium-and long-term infrastructure spending requirements (replacement only) for the municipality's vehicles assets.The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades. In the absence of observed data,the backlog represents the value of assets that remain in operation beyond their useful life. Figure 55 Forecasting Replacement Needs—Vehicles 3,500,000 3,OOQ,000 2,500,000 - 2,000,000 - - - u 1,000,000 — 500,000 0 !b b -r, ti4 ti ti vQ M '6 '4�b ti 'o 'Y�b 0� `~ hry ry ^ice h P P Mry y N Fire Tm& MPld<upTry k ■co..—am, ■ra,d,m J,,& In addition to a backlog of$350,000,replacement needs will total over$140,000 over the next five years; an additional$1.7 million will be required between 2022-2026.The municipality's annual requirements (indicated by the black line) for its vehicles total$379,000.At this funding level,the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits.However,the municipality is not allocating any funds to this category,leaving an annual deficit of$379,000. See the'Financial Strategy'section for achieving a more optimal and sustainable funding level. Further,while fulfilling the annual requirements will position the municipality to meet its future replacement needs,injection of additional revenues will be needed to mitigate existing infrastructure backlogs. 94 bayham_amp2d2_1205 9.6 Recommendations — Vehicles — The municipality should continue its condition assessment program for its vehicle assets to precisely estimate financial needs. See Section 2, 'Condition Assessment Programs' in the 'Asset Management Strategies' chapter. — Using the above information,the municipality should assess its short-, medium- and long-term capital and operations and maintenance needs. — An appropriate percentage of the replacement costs should then be allocated for the municipality's 0&M requirements. — The municipality is not currently allocating any funding to replacement needs on an annual basis.See the'Financial Strategy' section on how to achieve more sustainable and optimal funding levels. 95 bayham_amp2_d2_1205 Al. Levels of Service The two primary risks to a municipality's financial sustainability are the total lifecycle costs of infrastructure,and establishing levels of service (LOS)that exceed its financial capacity. In this regard,municipalities face a choice: overpromise and underdeliver; under promise and overdeliver; or promise only that which can be delivered efficiently without placing inequitable burden on taxpayers. In general,there is often a trade-off between political expedience and judicious,long- term fiscal stewardship. Developing realistic LOS using meaningful key performance indicators (KPIs) can be instrumental in managing citizen expectations,identifying areas requiring higher investments,driving organizational performance and securing the highest value for money from public assets. However, municipalities face diminishing returns with greater granularity in their LOS and KPI framework. That is,the objective should be to track only those KPIs that are relevant and insightful and reflect the priorities of the municipality. 1 . Guiding Principles for Developing LOS Beyond meeting regulatory requirements,levels of service established should support the intended purpose of the asset and its anticipated impact on the community and the municipality.LOS generally have an overarching corporate description,a customer oriented description,and a technical measurement.Many types of LOS,e.g.,availability,reliability,safety,responsiveness and cost effectiveness,are applicable across all service areas in a municipality.The following LOS categories are established as guiding principles for the LOS that each service area in the municipality should strive to provide internally to the municipality and to residents/customers. These are derived from the Town of Whitby's Guide to Developing Service Area Asset Management Plans. Table 15 LOS Categories LOS Category Description Reliable Services are predictable and continuous;services of sufficient capacity are convenient and accessible to the entire community. Cost Effective Services are provided at the lowest possible cost for both current and future customers,for a required level of service,and are affordable. Opportunities for community involvement in decision making are provided;and customers are Responsive treated fairly and consistently,within acceptable timeframes,demonstrating respect,empathy and integrity. Safe Services are delivered such that they minimize health,safety and security risks. Suitable Services are suitable for the intended function(fit for purpose). Sustainable Services preserve and protect the natural and heritage environment. 96 bayham_amp2_d2_1205 2. Key Performance Indicators and Targets In this section,we identify industry standard KPIs for major infrastructure classes that the municipality can incorporate into its performance measurement and for tracking its progress over future iterations of its AMPs.The municipality should develop appropriate and achievable targets that reflect evolving demand on infrastructure,its fiscal capacity and the overall corporate objectives. Table 16 Key Performance Indicators—Road Network and Bridges&Culverts Level KPI(Reported Annually) — Percentage of total reinvestment compared to asset replacement value Strategic — Completion of strategic plan objectives(related to roads,and bridges&culverts) — Annual revenues compared to annual expenditures — Annual replacement value depreciation compared to annual expenditures Financial — Cost per capita for roads,and bridges&culverts Indicators — Maintenance cost per square metre — Revenue required to maintain annual network growth — Total cost of borrowing vs.total cost of service — Overall Bridge Condition Index(BCI)as a percentage of desired BCI — Percentage of road network rehabilitated/reconstructed Tactical Percentage of paved road lane kilometres rated as poor to very poor — Percentage of bridges and large culverts rated as poor to very poor — Percentage of asset class value spent on 0&M — Percentage of roads inspected within the last five years — Percentage of bridges and large culverts inspected within the last two years Operational — Operating costs for paved lane per kilometres Indicators — Operating costs for bridge and large culverts per square metre — Percentage of customer requests with a 24-hour response rate 97 bayham_amp2_d2_1205 Table 17 Key Performance Indicators—Buildings&Facilities Level KPI(Reported Annually) — Percentage of total reinvestment compared to asset replacement value Strategic — Completion of strategic plan objectives(related to buildings&facilities) — Annual revenues compared to annual expenditures — Annual replacement value depreciation compared to annual expenditures Financial — Revenue required to meet growth related demand Indicators — Repair and maintenance costs per square metre — Energy,utility and water cost per square metre — Percentage of component value replaced — Percent of facilities rated poor or critical Tactical — Percentage of facilities replacement value spent on 0&M — Facility utilization rate - Utilization Rate = Occupied space Facility Usable Area Operational — Percentage of facilities inspected within the last five years Indicators — Number/type of service requests — Percentage of customer requests addressed within 24 hours Table 18 Key Performance Indicators—Vehicles Level KPI(Reported Annually) — Percentage of total reinvestment compared to asset replacement value Strategic — Completion of strategic plan objectives(related to vehicles) — Annual revenues compared to annual expenditures Annual replacement value depreciation compared to annual expenditures Financial — Cost per capita for vehicles Indicators — Revenue required to maintain annual fleet portfolio growth — Total cost of borrowing vs.total cost of service — Percentage of all vehicles replaced Tactical — Average age of vehicles — Percent of vehicles rated poor or critical — Percentage of vehicles replacement value spent on 0&M — Average downtime per vehicles category — Average utilization per vehicles category and/or each vehicle Operational — Ratio of preventative maintenance repairs vs.reactive repairs Indicators — Percent of vehicles that received preventative maintenance — Number/type of service requests — Percentage of customer requests addressed within 24 hours 98 bayham-amp2-d2-1205 Table 19 Key Performance Indicators—Water,Sanitary and Storm Networks Level KPI(Reported Annually) Strategic — Percentage of total reinvestment compared to asset replacement value — Completion of strategic plan objectives(related to water,sanitary and storm) — Annual revenues compared to annual expenditures Financial — Annual replacement value depreciation compared to annual expenditures Indicators — Total cost of borrowing compared to total cost of service — Revenue required to maintain annual network growth — Percentage of water,sanitary and storm network rehabilitated/reconstructed Tactical — Annual percentage of growth in water,sanitary and storm network — Percentage of mains where the condition is rated poor or critical for each network — Percentage of water,sanitary and storm network replacement value spent on 0&M — Percentage of water,sanitary and storm network inspected — Operating costs for the collection of wastewater per kilometre of main — Number of wastewater main backups per 100 kilometres of main — Operating costs for storm water management(collection,treatment,and disposal)per kilometre of drainage system. Operational — Operating costs for the distribution/transmission of drinking water per kilometre of water Indicators distribution pipe — Number of days when a boil water advisory issued by the medical officer of health,applicable to a municipal water supply,was in effect — Number of water main breaks per 100 kilometres of water distribution pipe in a year — Number of customer requests received annually per water,sanitary and storm — Percentage of customer requests addressed within 24 hours per water,sanitary and storm network 99 bayham_amp2_d2_1205 Table 20 Key Performance Indicators—Machinery&Equipment Level KPI(Reported Annually) — Percentage of total reinvestment compared to asset replacement value Strategic — Completion of strategic plan objectives(related to machinery&equipment) — Annual revenues compared to annual expenditures — Annual replacement value depreciation compared to annual expenditures Financial — Cost per capita for machinery&equipment Indicators — Revenue required to maintain annual portfolio growth — Total cost of borrowing vs.total cost of service — Percentage of all machinery&equipment replaced Tactical Average age of machinery&equipment assets — Percent of machinery&equipment rated poor or critical — Percentage of vehicles replacement value spent on 0&M — Average downtime per machinery&equipment asset Operational — Ratio of preventative maintenance repairs vs.reactive repairs Indicators — Percent of machinery&equipment that received preventative maintenance — Number/type of service requests Table 21 Key Performance Indicators—Land Improvements Level KPI(Reported Annually) Percentage of total reinvestment compared to asset replacement value Strategic — Completion of strategic plan objectives(related to land improvements) — Annual revenues compared to annual expenditures Financial — Annual replacement value depreciation compared to annual expenditures Indicators — Cost per capita for supplying parks,playgrounds,etc. — Repair and maintenance costs per square metre — Percent of land improvements rated poor or critical Tactical Percentage of replacement value spent on 0&M — Parkland per capita Percentage of land improvements inspected within the last five years Operational Indicators — Number/type of service requests — Percentage of customer requests addressed within 24 hours 100 bayham_amp2_d2_1205 3. Future Performance In addition to a municipality's financial capacity and legislative requirements,many factors, internal and external,can influence the establishment of LOS and their associated KPI. These can include the municipality's overarching mission as an organization,the current state of its infrastructure and the wider social,political and macroeconomic context.The following factors should inform the development of most levels of service targets and their associated KPIs: Strategic Objectives and Corporate Goals The municipality's long-term direction is outlined in its corporate and strategic plans.This direction will dictate the types of services it aims to deliver to its residents and the quality of those services.These high-level goals are vital in identifying strategic (long-term) infrastructure priorities and as a result,the investments needed to produce desired levels of service. State of the Infrastructure The current state of capital assets will determine the quality of services the municipality can deliver to its residents.As such,levels of service should reflect the existing capacity of assets to deliver those services,and may vary(increase)with planned maintenance,rehabilitation or replacement activities and timelines. Community Expectations The general public will often have qualitative and quantitative insights regarding the levels of service a particular asset or a network of assets should deliver,e.g.,what a road in'good'condition should look like or the travel time between destinations.The public should be consulted in establishing LOS; however,the discussions should be centered on clearly outlining the lifecycle costs associated with delivering any improvements in LOS. Economic Trends Macroeconomic trends will have a direct impact on the LOS for most infrastructure services. Fuel costs,fluctuations in interest rates and the purchasing power of the Canadian dollar can impede or accelerate any planned growth in infrastructure services. Demographic Changes The composition of residents in a municipality can also serve as an infrastructure demand driver, and as a result,can change how a municipality allocates its resources (e.g.,an aging population may require diversion of resources from parks and sports facilities to additional wellbeing centers). Population growth is also a significant demand driver for existing assets (lowering LOS),and may require the municipality to construct new infrastructure to parallel community expectations. Environmental Change Forecasting for infrastructure needs based on climate change remains an imprecise science. However,broader environmental and weather patterns have a direct impact on the reliability of critical infrastructure services. 101 bayham_amp2_d2_1205 4. Monitoring, Updating and Actions The municipality should collect data on its current performance against the KPIs listed and establish targets that reflect the current fiscal capacity of the municipality,its corporate and strategic goals,and as feasible,changes in demographics that may place additional demand on its various asset classes.For some asset classes, e.g.,minor equipment,furniture,etc., cursory levels of service and their respective KPIs will suffice. For major infrastructure classes,detailed technical and customer-oriented KPIs can be critical. Once this data is collected and targets are established, the progress of the municipality should be tracked annually. 102 bayham_amp2_d2_1205 VIII. Asset Management Strategies The asset management strategy section will outline an implementation process that can be used to identify and prioritize renewal,rehabilitation and maintenance activities.This will assist in the development of a 10-year capital plan, including growth projections,to ensure the best overall health and performance of the municipality's infrastructure.This section includes an overview of condition assessment,the lifecycle interventions required,and prioritization techniques,including risk,to determine which capital projects should move forward into the budget first. a ■ ■ M M ' i FEW ■ ■ r bayham_amp2_d2_1205 1 . Non-Infrastructure Solutions & Requirements The municipality should explore,as requested through the provincial requirements,which non- infrastructure solutions should be incorporated into the budgets for its infrastructure services. Non-infrastructure solutions are such items as studies,policies,condition assessments, consultation exercises, etc.,that could potentially extend the life of assets or lower total asset program costs in the future without a direct investment into the infrastructure. Typical solutions for a municipality include linking the asset management plan to the strategic plan, growth and demand management studies,infrastructure master plans,better integrated infrastructure and land use planning,public consultation on levels of service and condition assessment programs.As part of future asset management plans,a review of these requirements should take place,and a portion of the capital budget should be dedicated for these items in each programs budget. It is recommended,under this category of solutions,that the municipality should develop and implement holistic condition assessment programs for all asset classes.This will advance the understanding of infrastructure needs,improve budget prioritization methodologies and provide a clearer path of what is required to achieve sustainable infrastructure programs. 2. Condition Assessment Programs The foundation of an intelligent asset management practice is based on having comprehensive and reliable information on the current condition of the infrastructure.Municipalities need to have a clear understanding regarding the performance and condition of their assets,as all management decisions regarding future expenditures and field activities should be based on this knowledge.An incomplete understanding of an asset may lead to its untimely failure or premature replacement. Some benefits of holistic condition assessment programs within the overall asset management process are listed below: — understanding of overall network condition leads to better management practices — allows for the establishment of rehabilitation programs — prevents future failures and provides liability protection — potential reduction in operation/maintenance costs — accurate current asset valuation — allows for the establishment of risk assessment programs — establishes proactive repair schedules and preventive maintenance programs — avoids unnecessary expenditures — extends asset service life therefore improving level of service — improves financial transparency and accountability — enables accurate asset reporting which,in turn, enables better decision making Condition assessment can involve different forms of analysis such as subjective opinion, mathematical models,or variations thereof,and can be completed through a very detailed or very cursory approach.When establishing the condition assessment for an entire asset class,a cursory approach (metrics such as good,fair,poor,very poor) is used.This is an economical strategy that will still provide up to date information,and will allow for detailed assessment or follow-up inspections on those assets captured as poor or critical condition later. 104 bayham_amp2_d2_1205 The Impact of Condition Assessments In 2015,PSD published a study in partnership with the Association of Municipalities of Ontario (AMO).The report, The State of Ontario's Roads and Bridges:An Analysis of 93 Municipalities, enumerated the infrastructure deficits,annual investment gaps,and the physical state of roads, bridges and culverts with a 2013 replacement value of$28 billion. A critical finding of the report was the dramatic difference in the condition profile of the assets when comparing age-based estimates and actual field inspection observations.For each asset group,field data based condition ratings were significantly higher than age-based condition ratings, with paved roads,culverts,and bridges showing an increase in score (0-100) of+29, +30,and+23 points respectively.In other words,age-based measurements maybe underestimating the condition of assets by as much as 30%. Figure 56 Comparing Age-based and Assessed Condition Data 69 40 Paved Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Culverts(Structure) 32 59 Bridges(Structure) 36 ❑Assessed ❑Age-Based 105 bayham_amp2_d2_1205 2.1 Pavement Network Typical industry pavement inspections are performed by consulting firms using specialized assessment vehicles equipped with various electronic sensors and data capture equipment.The vehicles will drive the entire road network and typically collect two different types of inspection data: surface distress data and roughness data. Surface distress data involves the collection of multiple industry standard surface distresses,which are captured either electronically using sensing detection equipment mounted on the van,or visually by the van's inspection crew. Roughness data capture involves the measurement of the roughness of the road,measured by lasers that are mounted on the inspection van's bumper, calibrated to an international roughness index. Another option for a cursory level of condition assessment is for municipal road crews to perform simple windshield surveys as part of their regular patrol. Many municipalities have created data collection inspection forms to assist this process and to standardize what presence of defects would constitute a good,fair,poor,or critical score. Lacking any other data for the complete road network, this can still be seen as a good method and will assist greatly with the overall management of the road network. It is recommended that the municipality continue its pavement condition assessment program and that a portion of capital funding is dedicated to this.We also recommend expansion of this program to incorporate additional components. 2.2 Bridges & Culverts Ontario municipalities are mandated by the Ministry of Transportation to inspect all structures that have a span of 3 metres or more,according to the OSIM (Ontario Structure Inspection Manual). Structure inspections must be performed by,or under the guidance of,a structural engineer,must be performed on a biennial basis (once every two years),and include such information as structure type,number of spans,span lengths, other key attribute data, detailed photo images,and structure element by element inspection,rating and recommendations for repair,rehabilitation,and replacement. The best approach to develop a 10-year needs list for the municipality's structure portfolio relies on the structural engineer who performs the inspections to also produce a maintenance requirements report,and rehabilitation&replacement requirements report as part of the overall assignment. In addition to defining the overall needs requirements,the structural engineer should identify those structures that will require more detailed investigations and non-destructive testing techniques. Examples of these investigations are: — Detailed deck condition survey — Non-destructive delamination survey of asphalt covered decks — Substructure condition survey — Detailed coating condition survey — Underwater investigation — Fatigue investigation — Structure evaluation 106 bayham_amp2_d2_1205 Through the OSIM recommendations and additional detailed investigations,a 10-year needs list can be developed for the municipality's bridges. 2.3 Buildings & Facilities The most popular and practical type of buildings &facilities assessment involves qualified groups of trained industry professionals (engineers or architects) performing an analysis of the condition of a group of facilities and their components,that may vary in terms of age, design,construction methods and materials.This analysis can be done by walk-through inspection (the most accurate approach),mathematical modeling or a combination of both.The following asset classifications are typically inspected: - Site Components-property around the facility and outdoor components such as utilities, signs,stairways,walkways,parking lots,fencing,courtyards and landscaping - Structural Components-physical components such as the foundations,walls,doors, windows,roofs - Electrical Components-all components that use or conduct electricity such as wiring, lighting,electric heaters,and fire alarm systems - Mechanical Components-components that convey and utilize all non-electrical utilities within a facility such as gas pipes,furnaces,boilers,plumbing,ventilation,and fire extinguishing systems - Vertical Movement- components used for moving people between floors of buildings such as elevators, escalators and stair lifts Once collected,this information can be uploaded into the CityWide®,the municipality's asset management and asset registry software database in order for short-and long-term repair, rehabilitation and replacement reports to be generated to assist with programming the short- and long-term maintenance and capital budgets. It is recommended that the municipality continue its inspection of structures and expand its condition assessment program for other segments. It is also recommended that a portion of capital funding is dedicated to this. 2.4 Vehicles and Machinery & Equipment The typical approach to optimizing the maintenance expenditures of vehicles and machinery& equipment,is through routine vehicle and component inspections,routine servicing, and a routine preventative maintenance program.Most makes and models of vehicles and machinery assets are supplied with maintenance manuals that define the appropriate schedules and routines for typical maintenance and servicing, and also more detailed restoration or rehabilitation protocols. The primary goal of sound maintenance is to avoid or mitigate the consequence of failure of equipment or parts.An established preventative maintenance program serves to ensure this,as it will consist of scheduled inspections and follow up repairs of vehicles and machinery&equipment in order to decrease breakdowns and excessive downtimes. A good preventative maintenance program will include partial or complete overhauls of equipment at specific periods,including oil changes,lubrications,fluid changes and so on. In addition,workers can record equipment or part deterioration so they can schedule to replace or repair worn parts before they fail. 107 bayham_amp2_d2_1205 The ideal preventative maintenance program would move progressively further away from reactive repairs and instead towards the prevention of all equipment failure before it occurs. It is recommended that a preventative maintenance routine is defined and established for all vehicles and machinery&equipment assets,and that a software application is utilized for the overall management of the program. 2.5 Water System Unlike sewer mains,it is often prohibitively difficult to inspect water mains from the inside due to the constant and high-pressure flow of water.A physical inspection requires a disruption of service to residents, can be an expensive exercise and is time consuming to set up. It is recommended practice that physical inspection of water mains typically occurs only for high-risk,large transmission mains within the system,and only when there is a requirement.There are a number of high tech inspection techniques in the industry for large diameter pipes but these should be researched first for applicability as they are quite expensive. Examples include remote eddy field current(RFEC),ultrasonic and acoustic techniques,impact echo (IE),and Georadar. For the majority of pipes within the distribution network,gathering key information in regards to the main and its environment can supply the best method to determine a general condition. Key data that may be used,along with weighting factors,to determine an overall condition score include age, material type,breaks,hydrant flow inspections and soil condition. It is recommended that the municipality continue its watermain assessment program,and that funds are budgeted for this. 2.6 Sewer Network Inspection (Sanitary and Storm) The most popular and practical type of sanitary and storm sewer assessment is the use of Closed Circuit Television Video (CCTV).The process involves a small robotic crawler vehicle with a CCTV camera attached that is lowered down a maintenance hole into the sewer main to be inspected. The vehicle and camera then travel the length of the pipe,providing a live video feed to a truck on the road above where a technician/inspector records defects and information regarding the pipe.A wide range of construction or deterioration problems can be captured,including open/displaced joints,presence of roots,infiltration&inflow,cracking,fracturing, exfiltration, collapse, deformation of pipe and more.Therefore,sewer CCTV inspection is an effective tool for locating and evaluating structural defects and general condition of underground pipes. Even though CCTV is an excellent option for inspection of sewers,it is a fairly costly process and does take significant time to inspect a large volume of pipes. Another option in the industry today is the use of Zoom Camera equipment.This is very similar to traditional CCTV,however,a crawler vehicle is not used. Rather,in its place,a camera is lowered down a maintenance hole attached to a pole like piece of equipment.The camera is then rotated towards each connecting pipe and the operator above progressively zooms in to record all defects and information about each pipe.The downside to this technique is the further down the pipe the image is zoomed,the less clarity is available to accurately record defects and measurement.The upside is the process is far quicker and significantly less expensive and an assessment of the 108 bayham_amp2_d2_1205 manhole can be provided as well.Also,it is important to note that 80%of pipe deficiencies generally occur within 20 metres of each manhole. It is recommended that the municipality continue its wastewater main assessment program expend it to include storm sewer mains.A portion of capital funding should be dedicated to this. 2.7 Parks and Land Improvements CSA standards provide guidance on the process and protocols in regards to the inspection of parks and their associated assets,e.g.,play spaces and equipment.The land improvements inspection will involve qualified groups of trained industry professionals (operational staff or landscape architects) performing an analysis of the condition of a group of land improvement assets and their components.The most accurate way of determining the condition requires a walk-through to collect baseline data.The following key asset classifications are typically inspected: - Physical Site Components-physical components on the site of the park such as fences, utilities,stairways,walkways,parking lots,irrigation systems,monuments, fountains - Recreation Components-physical components such as playgrounds,bleachers,back stops, splash pads,and benches - Land Site Components-land components on the site of the park such as landscaping,sports fields,trails,natural areas, and associated drainage systems - Minor Park Facilities-small facilities within the park site such as: sun shelters,washrooms, concession stands, change rooms,storage sheds It is recommended that the municipality continue its parks condition assessment program and that a portion of capital funding is dedicated to this. 109 bayham_amp2_d2_1205 3. Lifecycle Analysis Framework An industry review was conducted to determine which lifecycle activities can be applied at the appropriate time in an asset's life,to provide the greatest additional life at the lowest cost.In the asset management industry,this is simply put as doing the right thing to the right asset at the right time. If these techniques are applied across entire asset networks or portfolios (e.g.,the entire road network),the municipality can gain the best overall asset condition while expending the lowest total cost for those programs. 3.1 Paved Roads The following analysis has been conducted at a fairly high level,using industry standard activities and costs for paved roads.With future updates of this asset management strategy,the municipality may wish to run the same analysis with a detailed review of municipality activities used for roads and the associated local costs for those work activities.All of this information can be entered into the CityWide®software suite in order to perform updated financial analysis as more detailed information becomes available.The following diagram depicts a general deterioration profile of a road with a 30-year life. Figure 57 Paved Road General Deterioration Profile Excellent:Maintenance 1------------ 11 I I I I I Good:Preventative Maintenance - -------------- -------- 1 :~ f o t Fair:Rehabilitation V 1 I I I I I I I 1 1 1 1 Poor:Replace -------li----------------1 1 i 1 i 1 i 1 1 i 1 i Years in Service 30 Years As shown above,during the road's lifecycle,there are various windows available for work activity that will maintain or extend the life of the asset.These windows are: maintenance; preventative maintenance; rehabilitation; and replacement or reconstruction. 110 bayham_amp2_d2_1205 The windows or thresholds for when certain work activities should be applied to also coincide approximately with the condition state of the asset as shown below: Table 22 Asset Condition and Related Work Activity for Paved Roads Condition Condition Range Work Activity Very Good 81-100 — Maintenance only (Maintenance only phase) Good 61-80 — Crack sealing (Preventative maintenance phase) — Emulsions Fair — Resurface-mill&pave (Rehabilitation phase) 41-60 — Resurface-asphalt overlay — Single&double surface treatment(for rural roads) Poor 21-40 — Reconstruct-pulverize and pave (Reconstruction phase) — Reconstruct-full surface and base reconstruction Very Poor — Critical includes assets beyond their useful lives (Reconstruction phase) 0-20 which make up the backlog.They require the same interventions as the'poor'category above. With future updates of this asset management strategy,the municipality may wish to review the above condition ranges and thresholds for when certain types of work activity occur,and adjust to better suit the municipality's work program.Also note:when adjusting these thresholds,it actually adjusts the level of service provided and ultimately changes the amount of money required.These thresholds and condition ranges can be updated and a revised financial analysis can be calculated. These adjustments will be an important component of future asset management plans,as the province requires each municipality to present various management options within the financing plan. It is recommended that the municipality establish a lifecycle activity framework for the various classes of paved road within their transportation network. 3.2 Bridges & Culverts The best approach to develop a 10-year needs list for the municipality's bridge structure portfolio relies on the structural engineer who performs the inspections to develop a maintenance requirements report,a rehabilitation and replacement requirements report and identify additional detailed inspections as required. 3.3 Buildings & Facilities The best approach to develop a 10-year needs list for the municipality's facilities portfolio would be to have the engineers,operational staff or architects who perform the facility inspections to also develop a complete portfolio maintenance requirements report and rehabilitation and replacement requirements report,and also identify additional detailed inspections and follow up studies as 111 bayham_amp2_d2_1205 required.This may be performed as a separate assignment once all individual facility audits/inspections are complete. The above reports could be considered the beginning of a 10-year maintenance and capital plan; however,within the facilities industry,there are other key factors that should be considered to determine over all priorities and future expenditures. Some examples would be functional and legislative requirements,energy conservation programs and upgrades,customer complaints and health and safety concerns,and customer expectations balanced with willingness-to-pay initiatives. It is recommended that the municipality establish a prioritization framework for the facilities asset class that incorporates the key components outlined above. 3.4 Vehicles and Machinery & Equipment The best approach to develop a 10-year needs list for the municipality's vehicles and machinery& equipment portfolio would first be through a defined preventative maintenance program,and secondly,through an optimized lifecycle vehicle replacement schedule.The preventative maintenance program would serve to determine budget requirements for operating and minor capital expenditures for renewal of parts,and major refurbishments and rehabilitations.An optimized replacement program will ensure a vehicle or equipment asset is replaced at the correct point in time in order to minimize overall cost of ownership,minimize costly repairs and downtime, while maximizing potential re-sale value.There is significant benchmarking information available within the vehicles industry in regard to vehicle lifecycles which can be used to assist in this process. Once appropriate replacement schedules are established,the short-and long-term budgets can be funded accordingly. There are, of course,functional aspects of vehicles management that should also be examined in further detail as part of the long-term management plan,such as vehicles utilization and incorporating green vehicles,etc.It is recommended that the municipality establish a prioritization framework for the vehicles asset class that incorporates the key components outlined above. 3.5 Sanitary and Storm Sewers The following analysis has been conducted at a fairly high level,using industry standard activities and costs for sanitary and storm sewer rehabilitation and replacement.With future updates of this asset management strategy,the municipality may wish to run the same analysis with a detailed review of activities used for sewer mains and the associated local costs for those work activities. This information can be input into the CityWide®software suite in order to perform updated financial analysis as more detailed information becomes available.The following diagram depicts a general deterioration profile of a sewer main with a 100-year life. 112 bayham_amp2_d2_1205 Figure 58 Sewer Main General Deterioration Excellent:Maintenance --——————————— 11 I I I ' I I � I � ———————————————————I Good:Preventative Maintenance �----------I I I C I o Fair:Rehabilitation V ' I I ' I I I I I I ' Poor:Reolace i I I I I i I i I � I � I Years in Service 100 Years As shown above,during the sewer main's lifecycle there are various windows available for work activity that will maintain or extend the life of the asset.These windows are: maintenance; major maintenance; rehabilitation; and replacement or reconstruction.The windows or thresholds for when certain work activities should be applied also coincide approximately with the condition state of the asset as shown below: Table 23 Asset Condition and Related Work Activity for Sewer Mains Condition Condition Range Work Activity Very Good 81-100 — Maintenance only(cleaning&flushing etc.) (Maintenance only phase) Good 61-80 — Mahhole repairs (Preventative maintenance phase) — Small pipe section repairs Fair 41-60 — Structural relining (Rehabilitation phase) Poor 21-40 — Pipe replacement (Reconstruction phase) Very Poor — Critical includes assets beyond their useful lives (Reconstruction phase) 0-20 which make up the backlog.They require the same interventions as the"poor'category above. 113 bayham_amp2_d2_1205 With future updates of this asset management strategy the municipality may wish to review the above condition ranges and thresholds for when certain types of work activity occur, and adjust to better suit the municipality's work program.Also note:when adjusting these thresholds,it actually adjusts the level of service provided and ultimately changes the amount of money required.These adjustments will be an important component of future asset management plans,as the province requires each municipality to present various management options within the financing plan. 3.6 Water System As with roads and sewers,the following analysis has been conducted at a high level,using industry standard activities and costs for water main rehabilitation and replacement.The following diagram depicts a general deterioration profile of a water main with an 80-year life. Figure 59 Water Main General Deterioration Excellent:Maintenance 11 I I I I I Good:Preventative Maintenance s~ 0 Fair:Rehabilitation U I I I I I I I I I 1 Poor:Replace � I � I � I I I I I I � I Years in Service 80 Years As shown above,during the water main's lifecycle,there are various windows available for work activity that will maintain or extend the life of the asset.These windows are:maintenance; major maintenance;rehabilitation; and replacement or reconstruction.The windows or thresholds for when certain work activities should be applied also coincide approximately with the condition state of the asset as shown in Table 24. 114 bayham_amp2_d2_1205 Table 24 Asset Condition and Related Work Activity for Water Mains Condition Condition Work Activity Range Very Good 81-100 — Maintenance only(cleaning&flushing etc.) (Maintenance only phase) Good — Water main break repairs (Preventative maintenance phase) 61-80 — Small pipe section repairs Fair 41-60 — Structural water main relining (Rehabilitation phase) Poor 21-40 — Pipe replacement (Reconstruction phase) Very Poor — Critical includes assets beyond their useful lives which (Reconstruction phase) 0-20 make up the backlog.They require the same interventions as the"poor'category above. 115 bayham_amp2_d2_1205 4. Growth and Demand Growth is a critical infrastructure demand driver for most infrastructure services.As such,the municipality must not only account for the lifecycle cost for its existing asset portfolio,but those of any anticipated and forecasted capital projects associated specifically with growth. Based on the 2016 census,the population for Bayham has increased 5.8%since 2011 to reach 7396.Population changes will require the municipality to determine the impact to expected levels of service and if any changes to the existing asset inventory may be required. 5. Project Prioritization and Risk Management Generally,infrastructure needs exceed municipal capacity.As such,municipalities rely heavily on provincial and federal programs and grants to finance important capital projects. Fund scarcity means projects and investments must be carefully selected based on the state of infrastructure, economic development goals,and the needs of an evolving and growing community.These factors, along with social and environmental considerations will form the basis of a robust risk management framework. 5.1 Defining Risk Management From an asset management perspective,risk is a function of the consequences of failure (e.g.,the negative economic,financial,and social consequences of an asset in the event of a failure); and,the probability of failure (e.g.,how likely is the asset to fail in the short- or long-term).The consequences of failure are typically reflective of- - An asset's importance in an overall system: For example,the failure of an individual computer workstation for which there are readily available substitutes is much less consequential and detrimental than the failure of a network server or telephone exchange system. — The criticality of the function performed: For example,a mechanical failure on a road construction equipment may delay the progress of a project,but a mechanical failure on a fire pumper truck may lead to immediate life safety concerns for fire fighters,and the public,as well as significant property damage. — The exposure of the public and/or staff to injury or loss of life: For example,a single sidewalk asset may demand little consideration and carry minimum importance to the municipality's overall pedestrian network and performs a modest function. However,members of the public interact directly with the asset daily and are exposed to potential injury due to any trip hazards or other structural deficiencies that may exist. The probability of failure is generally a function of an asset's physical condition,which is heavily influenced by the asset's age and the amount of investment that has been made in the maintenance and renewal of the asset throughout its life. Risk mitigation is traditionally thought of in terms of safety and liability factors.In asset management,the definition of risk should heavily emphasize these factors but should be expanded to consider the risks to the municipality's ability to deliver targeted levels of service 116 bayham_amp2_d2_1205 — The impact that actions (or inaction) on one asset will have on other related assets — The opportunities for economic efficiency(realized or lost) relative to the actions taken 5.2 Risk Matrices Using the logic above,a risk matrix will illustrate each asset's overall risk,determined by multiplying the probability of failure (PoF) scores with the consequence of failure (CoF) score,as illustrated in the table that follow.This can be completed as a holistic exercise against any data set by determining which factors (or attributes) are available and will contribute to the PoF or CoF of an asset.Figure 60 (known as a bowtie model in the risk industry) illustrates this concept.The probability of failure is increased as more and more factors collude to cause asset failure. Figure 60 Bow Tie Risk Model PROBABILITYFailureCONSEQUENCES OF FAILURE Increased by '' Event Includes immediate and long- immediate causes such as age, term economic,social and or observed condition 117 bayham_amp2_d2_1205 Probability of Failure In this AMP,the probability of a failure event is predicted by the condition of the asset. Table 25 Probability of Failure-All Assets Asset Classes Condition Rating Probability of Failure 0-20 Very Poor 5-Very High 21-40 Poor 4-High ALL 41-60 Fair 3-Moderate 61-80 Good 2-Low 81-100 Excellent 1-Very Low Consequence of Failure The consequence of failure for the asset classes analyzed in this AMP will be determined either by the replacement costs of assets, or other attributes as relevant.These attributes include material types,classifications,or size.Asset classes for which replacement cost is used include:bridges& culverts,buildings &facilities,land improvements,vehicles,and machinery&equipment.This approach is premised on the assumption that the higher the replacement cost,the larger (and likely more important) the asset,requiring a higher risk scoring. Assets for which other attributes are used include:water,wastewater,and roads.Attributes are selected based on their impact on service delivery. For linear infrastructure,pipe diameter is used to estimate a suitable consequence of failure score as it reflects the potential upstream service area affected.Scoring for roads,the risk is based on classification as it reflects the traffic volumes and number of people affected. Table 26 Consequence of Failure-Roads Road Classification Consequence of failure Surface-Gravel Score of 1 Surface-Tar&Chip Score of 3 Surface-Asphalt Score of 4 Table 27 Consequence of Failure-Bridges&Culverts Replacement Value Consequence of failure Up to$200k Score of 1 $350k and below Score of 2 $450k and below Score of 3 $750k and below Score of 4 Over$750k Score of 5 118 bayham-amp2-d2_12O5 Table 28 Consequence of Failure-Water Mains Pipe Diameter Consequence of Failure Less than 1O0mm Score of 1 1OOmm-149mm Score of 2 15Omm-199mm Score of 3 2OOmm-249mm Score of 4 25Omm and over Score of 5 Table 29 Consequence of Failure-Sanitary Sewers Pipe Diameter Consequence of failure Less than 200mm Score of 1 200-300mm Score of 2 301-400mm Score of 3 401-600mm Score of 4 601mm and over Score of 5 Table 30 Consequence of Failure—Storm Sewers Pipe Diameter Consequence of Failure Less than 200mm Score of 1 200mm-249mm Score of 2 250mm-299mm Score of 3 300mm-399mm Score of 4 350mm and over Score of 5 Table 31 Consequence of Failure—Buildings&Facilities Replacement Value Consequence of failure Up to$100k Score of 1 $200k and below Score of 2 $350k and below Score of 3 $750k and below Score of 4 Over$750k Score of 5 119 bayham-amp2-d2-1205 Table 32 Consequence of Failure-Machinery&Equipment Replacement Value Consequence of failure Up to$15k Score of 1 $25k and below Score of 2 $50k and below Score of 3 $75k and below Score of 4 Over$75k Score of 5 Table 33 Consequence of Failure-Land Improvements Replacement Value Consequence of failure Up to$25k Score of 1 $50k and below Score of 2 $65k and below Score of 3 $350k and below Score of 4 Over$350k Score of 5 Table 34 Consequence of Failure-Vehicles Replacement Value Consequence of failure Up to$200k Score of 1 $350k and below Score of 2 $400k and below Score of 3 $500k and below Score of 4 Over$500k Score of 5 The risk matrices that follow show the distribution of assets within each asset class according to the probability and likelihood of failure scores as discussed above. 120 bayham_amp2_d2_1205 Figure 61 Distribution of Assets Based on Risk—All Asset Classes 5 $3,302,697 � II $4,442,273 � $225,600 � $0 c $185,000 $2,651,906 $2,252,350 9$500,000 $1,331,124 pr W v 3 $7,082,56 $4,872,675 $85,400 $1,010,100 $2,293,433 c 0 2 $9,481,934 $2,938,306 $680,055 $50,850 $2,107374 1 $3,737,99 $1,367,089 $454,857 $419,257 $3,709,258 1 _ 3 4 5 Probability Figure 62 Distribution of Assets Based on Risk—Road Network 5 $0 $0 $0 1 - 8.90 km 15.50 km 13.30 km 4 $0 $831,038 $1,447313 $1,241,888 v v 6.10 km 12.30 km - 28.00 km 51.10 km v 3 $220,058 $443,723 $0 $1,010,100 $1,843,433 c 0 iJ 2 $0 $0 $0 $0 $0 MRII 3.50 km 3.70 km - 1.90 km 35.fl0 km 1 $326,813 $345,488 $ $177,413 $3,268,125 1 2 3 4 5 Probability 121 bayham_amp2_d2_1205 Figure 63 Distribution of Assets Based on Risk—Bridges&Culverts wa 5 $800,000 $0 $0 $0 16 4 pp $0 $0ar $500,000 j = C C 3 $450,000 $0 SO $0 2 $0 $0 50 $0 $975,000 $77,000 $57,000 $0 $35,000 $105,000 _ = 4 5 Figure 64 Distribution of Assets Based on Risk—Water System 0.90 km 9.92 km - 5 $46,289 $3,021,309 $0 A$() - 3.80 km 4 $0 $1,074,705 $0 $0 v v 5.40 km 11.10 km - - v 3 $507,995 $2,782,300 $0 $0 c 0 V 2 $0 $0 $0 $0 :$, A 0.05 km 0.65 km - - - i $46,289 $153,315 $0 $0 $0 u 1 2 3 4 5 122 bayham_amp2_d2_1205 Figure 65 Distribution of Assets Based on Risk—Sanitary Services 3.05km LJr f.30km 5 $995,786 $470,964 It $D d M - 0.26 km - 4 $0 $94,193 $0 m v 9.30 km 0.50 km - $4,298,517 $175,595 $0 $0 iJ 17.90 km 5.29 km - - 2 $7,995,625 $1,799,124 $0 $0 6.20 km 0.85 km $2,710,068 $246,754 $ $0 1 2 3 4 5 Probability 123 bayham_amp2_d2_1205 Figure 66 Distribution of Assets Based on Risk—Buildings 5 $993,885 1 = = = = $0 Is $0 $380,037 r v 3 $1,148,223 $313,191 $0 $0 0 V F 2 $681,154 $316,767 $613,414 $0 $670,661 1 $50,468 $193,491 $195,003 $96,643 $216,780 1 _ 3 4 5 Figure 67 Distribution of Assets Based on Risk—Machinery&Equipment 5 $#} $225,600 $0 4 $185,000 $70,000 $0 $0 L N 3 $96,000 $135,600 $30,000 $0 c 0 $35,000 $105,000 $30,000 $17,000 $15,000 1 $0 $44,000 LW�$52,000 $39,000 $67,000 2 3 4 5 Probability 124 bayham_amp2_d2_1205 Figure 68 Distribution of Assets Based on Risk—Land Improvements 5 Of$466,737 $0 M M 4 $0 $150,971 $0 a c v 3 $0 $222,266 $55,400 $0 c 0 u 2 $70,155 $42,415 $36,641 $33,850 $96,713 1 $7,356 $34,548 $27,854 $11,201 $52,353 1 2 3 4 5 Probability Figure 69 Distribution of Assets Based on Risk—Vehicles - 2.00 unit(s) 5 $0 $950,000 - 1.00 unit(s) 1.00 unit(s) 4 $0 $431,000 $425,000 v � 2.00 unit(s) - v 3 $o $800,000 $o $� c u u 2.00 unit(s) 2.00 unit(s) - 1.00 unit(s) 2 $700,000 3675,aao $o $0 $350,000 5.00 unit(s) 3.00 unit(s) 2.00 unit(s) 2.00 unit(s) - 17 r $520,000 $300,Oflfl $180,000 $60,o00 $0 1 _ 3 4 5 125 bayham_amp2_d2_1205 IX. Financial Strategy 1 . General Overview In order for an AMP to be effective and meaningful,it must be integrated with financial planning and long-term budgeting.The development of a comprehensive financial plan will allow the municipality to identify the financial resources required for sustainable asset management based on existing asset inventories, desired levels of service and projected growth requirements. ry. 4 :e r�� bayham_amp2_d2_1205 Figure 70 Cost Elements Growth Requirements e Service Enhancements Inflation Requirements t Renewal Requirements Amortization of Historical Cost of Investment Principal & Interest Payments Operations and Maintenance Costs 127 bayham_amp2_d2_1205 Figure depicts the various cost elements and resulting funding levels that should be incorporated into AMPs that are based on best practices.Municipalities meeting their operational and maintenance needs,and debt obligations are funding only their cash cost. Funding at this level is severely deficient in terms of lifecycle costs. Meeting the annual amortization expense based on the historical cost of investment will ensure municipalities adhere to accounting rules implemented in 2009;however,funding is still deficient for long-term needs.As municipalities graduate to the next level and meet renewal requirements, funding at this level ensures that need and cost of full replacement is deferred. If municipalities meet inflation requirements,they're positioning themselves to meet replacement needs at existing levels of service. In the final level,municipalities that are funding for service enhancement and growth requirements are fiscally sustainable and cover future investment needs. This report develops a financial plan by presenting several scenarios for consideration and culminating with final recommendations. It includes recommendations that avoid long-term funding deficits.As outlined below,the scenarios presented model different combinations of the following components: — the financial requirements (as documented in the SOTI section of this report) for existing assets, existing service levels,requirements of contemplated changes in service levels (none identified for this plan),and requirements of anticipated growth (none identified for this plan) — use of traditional sources of municipal funds including tax levies,user fees,reserves, debt,and development charges — use of non-traditional sources of municipal funds,e.g.,reallocated budgets — use of senior government funds,such as the federal Gas Tax Fund, Ontario Community Infrastructure Fund(OCIF) If the financial plan component of an AMP results in a funding shortfall,the province requires the inclusion of a specific plan as to how the impact of the shortfall will be managed.In determining the legitimacy of a funding shortfall,the province may evaluate a municipality's approach to the following: — In order to reduce financial requirements,consideration has been given to revising service levels downward. — All asset management and financial strategies have been considered.For example: • If a zero debt policy is in place,is it warranted? If not,the use of debt should be considered. • Do user fees reflect the cost of the applicable service?If not,increased user fees should be considered. 128 bayham_amp2_d2_1205 2. Financial Profile: Tax Funded Assets 2.1 Funding Objective We have developed scenarios that would enable the municipality to achieve full funding within five to 20 years for the following assets: road network; bridges &culverts; storm network; buildings&facilities; machinery&equipment; land improvement; and vehicles. For each scenario developed,we have included strategies,where applicable,regarding the use of tax revenues,user fees, reserves and debt. 2.2 Current Funding Position Table 35 and Table 36 outline,by asset class,the municipality's average annual asset investment requirements, current funding positions, and funding increases required to achieve full funding on assets funded by taxes. Table 35 Infrastructure Requirements and Current Funding Available:Tax Funded Assets Average Total Funding Available in 2017 Asset class Annual Investment Taxes to Total Funding Annual Required Taxes Gas Tax OCIF Reserves Available Deficit/Surplus Road Network 1,000,000 258,000 212,000 157,000 0 627,000 373,000 Bridges&Culverts 86,000 0 0 0 0 0 86,000 Storm Sewer System 475,000 75,000 0 0 0 75,000 400,000 Machinery&Equipment 82,000 10,000 0 0 0 10,000 72,000 Buildings 173,000 50,000 0 0 150,000 200,000 27,000 Land Improvements 55,000 0 0 0 10,000 10,000 45,000 Vehicles 379,000 0 0 0 0 0 379,000 Total 2,250,000 393,000 212,000 157,000 160,000 922,000 1,328,000 Note: For the purposes of this AMP,we have excluded the category of gravel roads since gravel roads are a perpetual maintenance asset and end of life replacement calculations do not normally apply. If gravel roads are maintained properly,they,in essence,could last forever. 129 bayham_amp2_d2_1205 2.3 Recommendations for Full Funding The average annual investment requirement for tax funded categories is $2,250,000.Annual revenue currently allocated to these assets for capital purposes is$922,000,leaving an annual deficit of$1,328,000.To put it another way,these infrastructure categories are currently funded at 41% of their long-term requirements. In 2016,the municipality had annual tax revenues of$3,956,000.As illustrated in Table 36,without consideration of any other sources of revenue,full funding would require the following tax change over time: Table 36 Tax Change Required for Full Funding Asset class Tax Change Required for Full Funding Road Network 9.4% Bridges&Culverts 2.2% Storm Sewer System 10.1% Machinery&Equipment 1.8% Buildings -0.7% Land Improvements 1.1% Vehicles 9.6% Total 33.5% The following changes in costs and/or revenues over the next number of years should also be considered in the financial strategy: — Bayham's formula based OCIF grant is scheduled to grow from $157,000 in 2017 to $334,000 in 2019. — Normally our recommendations include allocating any decrease in debt costs to the infrastructure deficit.As illustrated in table 9, Bayham's debt payments for these asset categories is $0 so this option is not available. Our recommendations include capturing the above changes and allocating them to the infrastructure deficit.Table 37 outlines this concept and presents a number of options. 130 bayham_amp2_d2_1205 Table 37 Effect of Changes in OCIF Funding and Reallocating Decreases in Debt Costs Without Capturing Changes With Capturing Changes 5 Years 10 Years 15 Years 20 Years 5 Years 10 Years 15 Years 20 Years Infrastructure Deficit 1,328,000 1,328,000 1,328,000 1,328,000 1,328,000 1,328,000 1,328,000 1,328,000 Change in OCIF Grant N/A N/A N/A N/A -177,000 -177,000 -177,000 -177,000 Changes in Debt Costs N/A N/A N/A N/A 0 0 0 0 Resulting Infrastructure Deficit 1,328,000 1,328,000 1,328,000 1,328,000 1,151,000 1,151,000 1,151,000 1,151,000 Resulting Tax Increase Required: Total Over Time 33.6% 33.6% 33.6% 33.6% 29.1% 29.1% 29.1% 29.1% Annually 6.7% 3.4% 2.2% 1.7% 5.8% 2.9% 1.9% 1.5 Considering all of the above information,we recommend the 20 year option that includes capturing the changes.This involves full funding being achieved over 20 years by: — Increasing tax revenues by 1.5%each year for the next 20 years solely for the purpose of phasing in full funding to the asset categories covered in this section of the AMP. — Allocating the current gas tax and OCIF revenue as outlined in Table 36. — Allocating the scheduled OCIF grant increases to the infrastructure deficit as they occur. — Reallocating appropriate revenue from categories in a surplus position to those in a deficit position. — Increasing existing and future infrastructure budgets by the applicable inflation index on an annual basis in addition to the deficit phase-in. 131 bayham_amp2_d2_1205 Notes: — As in the past, periodic senior government infrastructure funding will most likely be available during the phase-in period. By Provincial AMP rules,this periodic funding cannot be incorporated into an AMP unless there are firm commitments in place.We have included OCIF formula based funding,if applicable,since this funding is a multi-year commitment. — We realize that raising tax revenues by the amounts recommended above for infrastructure purposes will be very difficult to do. However, considering a longer phase-in window may have even greater consequences in terms of infrastructure failure. Although this option achieves full funding on an annual basis in 20 years and provides financial sustainability over the period modeled,the recommendations do require prioritizing capital projects to fit the resulting annual funding available. Current data shows a pent-up investment demand of$11,231,000 for paved roads, $1,530,000 for bridges &culverts,$14,000,000 for storm sewers,$82,000 for machinery&equipment, $865,000 for facilities, $238,000 for land improvements and$350,000 for vehicles. 132 bayham_amp2_d2_1205 3. Financial Profile: Rate Funded Assets 3.1 Funding Objective We have developed scenarios that would enable the municipality to achieve full funding within five to 20 years for the following assets: water,and sanitary sewer network. For each scenario developed we have included strategies,where applicable,regarding the use of tax revenues,user fees,reserves and debt. 3.2 Current Funding Position Table 38 and Table 39 outline,by asset class,the municipality's average annual asset investment requirements, current funding positions, and funding increases required to achieve full funding on assets funded by rates. Table 38 Summary of Infrastructure Requirements and Current Funding Available Average Annual Total Funding Available in 2017 Asset class Investment Total Funding Annual Required Rates To Operations Other Available Deficit/Surplus Sanitary Sewer Network 420,000 863,000 -440,000 0 423,000 -3,000 Water Network 136,000 712,000 -539,000 0 173,000 -37,000 Total 556,000 1,575,000 -979,000 0 596,000 -40,000 133 1hayham_amp2_d2_1205 3.3 Recommendations for Full Funding The average annual investment requirement for sanitary services and water services is $556,000. Annual revenue currently allocated to these assets for capital purposes is $596,000 resulting in an annual surplus of$40,000.To put it another way,these infrastructure categories are currently funded at 107% of their long-term requirements. In 2016, Bayham had annual sanitary revenues of$863,000 and annual water revenues of 712,000. As illustrated in Table 39,without consideration of any other sources of revenue,full funding would require the following increases over time: Table 39 Rate Change Required for Full Funding Asset class Rate Change Required for Full Funding Wastewater Network -0.3% Water Network -5.2% At least three factors need to be quantified before implementing the above changes: — There is a pent up investment demand of$457,000 for sanitary services and$0 for water services.As a result,rates should not be changed until a detailed work plan is developed for these projects.A corresponding financial plan can then be developed taking into account that there are$2,283,000 of reserves available for sanitary infrastructure and$536,000 of reserves for water infrastructure (as noted in Table 46). — 51% of sanitary revenues and 76%of water revenues are currently allocated to operations as opposed to capital. Overall rates should not be decreased until longer term operational requirements are determined and taken into account. This will avoid the complications of lowering rates for capital purposes and then possibly increasing them for operational requirements. — Bayham will be updating their detailed rate study in 2019.Any change in capital rates should be delayed until that study is available. We recommend that the required work for the three factors above be completed in order to determine what rate changes can be achieved and over what period those changes can be implemented. 134 bayham_amp2_d2_1205 Table 40 Without Change in Debt Costs Wastewater Network Water Network 5 Years 15 Years 20 Years 5 Years 15 Years 20 Years Infrastructure Deficit -3,000 -3,000 -3,000 -37,000 -37,000 -37,000 Change in Debt Costs N/A N/A N/A N/A N/A N/A Resulting Infrastructure Deficit/Surplus -3,000 -3,000 -3,000 -37,000 -37,000 -37,000 Resulting Rate Change Required: Total Over Time -0.3% -0.3% -0.3% -5.2% -5.2% -5.2% Annually -0.1% 0.0% 0.0% -1.0% -0.3% -0.3% Table 41 With Change in Debt Costs Wastewater Network Water System 5 Years 15 Years 20 Years 5 Years 15 Years 20 Years Infrastructure Deficit -3,000 -3,000 -3,000 -37,000 -37,000 -37,000 Change in Debt Costs N/A N/A N/A N/A N/A N/A Resulting Infrastructure Deficit/Surplus -3,000 -3,000 -3,000 -37,000 -37,000 -37,000 Resulting Rate Change Required: Total Over Time -0.3% -0.3% -0.3% -5.2% -5.2% -5.2% Annually -0.1% 0.0% 0.0% -1.0% -0.3% -0.3% 135 bayham_amp2_d2_1205 Considering all of the above information we recommend the following: — Rate changes for capital purposes for both sanitary service and water services be postponed until the work on the three factors above are completed. — If the work required for the above factors is delayed,and inflation increases are greater than the reduction available, implementing net increases to existing and future infrastructure budgets by the applicable inflation index on an annual basis. Notes: — As in the past,periodic senior government infrastructure funding will most likely be available during the phase-in period. By Provincial AMP rules,this periodic funding cannot be incorporated into an AMP unless there are firm commitments in place.We have included OCIF formula based funding,if applicable,since this funding is a multi-year commitment. — Any increase in rates required for operations would be in addition to the above recommendations. Although this option maintains full funding on an annual basis and provides financial sustainability over the period modeled,the recommendations do require prioritizing capital projects to fit the resulting annual funding available. Current data shows a pent-up investment demand of$457,000 for sanitary services and$0 for water services. 136 bayham_amp2_d2_1205 4. Use of Debt For reference purposes,Table 42 outlines the premium paid on a project if financed by debt. For example, a$1M project financed at 3.0%3 over 15 years would result in a 26%premium or $260,000 of increased costs due to interest payments. For simplicity,the table does not take into account the time value of money or the effect of inflation on delayed projects. Table 42 Total Interest Paid as a Percentage of Project Costs Number of Years Financed Interest Rate 5 10 15 20 25 30 7.0% 22% 42% 65% 89% 115% 142% 6.5% 20% 39% 60% 82% 105% 130% 6.0% 19% 36% 54% 74% 96% 118% 5.5% 17% 33% 49% 67% 86% 106% 5.0% 15% 30% 45% 60% 77% 95% 4.5% 14% 26% 40% 54% 69% 84% 4.0% 12% 23% 35% 47% 60% 73% 3.5% 11% 20% 30% 41% 52% 63% 3.0% 9% 17% 26% 34% 44% 53% 2.5% 8% 14% 21% 28% 36% 43% 2.0% 6% 11% 17% 22% 28% 34% 1.5% 5% 8% 12% 16% 21% 25% 1.0% 3% 6% 8% 11% 14% 16% 0.5% 2% 3% 4% 5% 7% 8% 0.0% 0% 0% 0% 0% 0% 0% 3 Current municipal Infrastructure Ontario rates for 15 year money is 2.8%. 137 bayham_amp2_d2_1205 It should be noted that current interest rates are near all-time lows. Sustainable funding models that include debt need to incorporate the risk of rising interest rates.The following graph shows where historical lending rates have been: Figure 71 Historical Prime Business Interest Rates 16.00% 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.70% 2.00% 0.00% 1990 1994 1998 2002 2006 2010 2014 As illustrated in Table 42,a change in 15 year rates from 3%to 6%would change the premium from 26%to 54%.Such a change would have a significant impact on a financial plan. 138 bayham_amp2_d2_1205 Table 43 and Table 44 outline how Bayham has historically used debt for investing in the asset categories as listed.There is currently$0 of debt outstanding for the assets covered by this AMP with corresponding principal and interest payments of$0,well within its provincially prescribed maximum of$1,519,000. Table 43 Overview of Use of Debt Debt at Use of Debt in Last Five Years Asset class December 315t,2016 2012 2013 2014 2015 2016 Road Network 0 0 0 0 0 0 Bridges&Culverts 0 0 0 0 0 0 Storm Sewer System 0 0 0 0 0 0 Machinery&Equipment 0 0 0 0 0 0 Buildings 0 0 0 0 0 0 Land Improvements 0 0 0 0 0 0 Vehicles 0 0 0 0 0 0 Total Tax Funded 0 0 0 0 0 Wastewater Network 0 0 0 0 0 0 Water Network 0 0 0 0 0 0 Total Rate Funded 0 0 0 0 0 0 Table 44 Overview of Debt Costs Asset class Principal&Interest Payments in Next Ten Years 2017 2018 2019 2020 2021 2022 2027 Road Network 0 0 0 0 0 0 0 Bridges&Culverts 0 0 0 0 0 0 0 Storm Sewer System 0 0 0 0 0 0 0 Machinery&Equipment 0 0 0 0 0 0 0 Facilities 0 0 0 0 0 0 0 Land Improvements 0 0 0 0 0 0 0 Vehicles 0 0 0 0 0 0 0 Total Tax Funded 0 0 0 0 0 0 0 Wastewater Network 0 0 0 0 0 0 0 Water Network 0 0 0 0 0 0 0 Total Rate Funded 0 0 0 0 0 0 0 The revenue options outlined in this plan allow Bayham to fully fund its long-term infrastructure requirements without further use of debt. 139 bayham_amp2_d2_1205 5. Use of Reserves 5.1 Available Reserves Reserves play a critical role in long-term financial planning.The benefits of having reserves available for infrastructure planning include:the ability to stabilize tax rates when dealing with variable and sometimes uncontrollable factors; financing one-time or short-term investments; accumulating the funding for significant future infrastructure investments; managing the use of debt; and,normalizing infrastructure funding requirements. By infrastructure class,Table 45 outlines the details of the reserves currently available to Bayham. Table 45 Summary of Reserves Available Asset class Balance at December 31st,2016 Road Network 459,000 Bridges&Culverts 13,000 Storm Sewer System 13,000 Machinery&Equipment 223,000 Buildings 101,000 Land Improvements 377,000 Vehicles 115,000 Total Tax Funded 1,301,000 Water System 536,000 Sanitary Sewer Network 2,283,000 Total Rate Funded 2,819,000 There is considerable debate in the municipal sector as to the appropriate level of reserves that a municipality should have on hand.There is no clear guideline that has gained wide acceptance. Factors that municipalities should take into account when determining their capital reserve requirements include:breadth of services provided,age and condition of infrastructure,use and level of debt,economic conditions and outlook,and internal reserve and debt policies. The reserves in Table 45 are available for use by applicable asset classes during the phase-in period to full funding.This,coupled with Bayham judicious use of debt in the past,allows the scenarios to assume that,if required,available reserves and debt capacity can be used for high priority and emergency infrastructure investments in the short to medium-term. 5.2 Recommendation As Bayham updates its AMP and expands it to include other asset categories,we recommend that future planning should include determining what its long-term reserve balance requirements are and a plan to achieve such balances. 140 bayham_amp2_d2_1205 X. 2016 Infrastructure Report Card The following infrastructure report card illustrates the municipality's performance on the two key factors:Asset Health and Financial Capacity.Appendix 1 provides the full grading scale and conversion chart,as well as detailed descriptions,for each grading level. Table 46 2016 Infrastructure Report Card Asset class Asset Health Funding Financial Capacity Average Comments Grade Percentage Grade Asset Class Grade Roads F 63% F D Bridges&Culverts C 0% A F ;, .• • 1 , . • • Water System C 127% A B Wastewater Services C 101% A B •••• • •••• • • • oil ••• • ••• • • • Storm F 16% F F Buildings C 116% C B •. • - • Machinery&Equipment C 12% F F Land Improvements C 18% F F • -• -'• • -• . 1 ' , Vehicles C 0% F F Average Asset Health Grade D Average Financial Capacity Grade D Overall Grade for the Municipality D 141 bayham_amp2_d2_1205 XI. Appendix: Grading and Conversion Scales Table 47 Asset Health Scale Letter Grade Rating Description A Excellent Asset is new or recently rehabilitated B Good Asset is no longer new,but is fulfilling its function.Preventative maintenance is beneficial at this stage. C Fair Deterioration is evident but asset continues to full its function.Preventative maintenance is beneficial at this stage. D Poor Significant deterioration is evident and service is at risk. F Very Poor Asset is beyond expected life and has deteriorated to the point that it may no longer be fit to fulfill its function. 142 bayham_amp2_d2_1205 Table 48 Financial Capacity Scale Letter Grade Rating Funding percent Timing Requirements Description O Short Term The municipality is fully prepared for its short-,medium-and long-term A Excellent 90-100 percent OMedium Term replacement needs based on existing infrastructure portfolio. OLong Term OShort Term The municipality is well prepared to fund its short-term and medium-term B Good 70-89 percent OMedium Term replacement needs but requires additional funding strategies in the long-term [@Long Term to begin to increase its reserves. OShort Term The municipality is underprepared to fund its medium-to long-term C Fair 60-69 percent [@Medium Term infrastructure needs.The replacement of assets in the medium-term will likely [@Long Term be deferred to future years. [@/0 Short Term The municipality is not well prepared to fund its replacement needs in the D Poor 40-59 percent [@Medium Term short-,medium-or long-term.Asset replacements will be deferred and levels [@Long Term of service maybe reduced. The municipality is significantly underfunding its short-term,medium-term, [@Short Term and long-term infrastructure requirements based on existing funds allocation. F Very Poor 0-39 percent [@Medium Term Asset replacements will be deferred indefinitely.The municipality may have to [@Long Term divest some of its assets(e.g.,bridge closures,arena closures)and levels of service will be reduced significantly. 143 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 7, 2017 7:00 p.m. 6:30 p.m. —Committee of Adjustment— Moore PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS TREASURER LORNE JAMES FIRE CHIEF I BY-LAW ENFORCEMENT OFFICER RANDY WHITE CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST &THE GENERAL NATURE THEREOF Deputy Mayor Southwick declared a conflict in regard to Item 10.1.1-D Notice of Public Meeting re 5149 Clarke Road, as he is an owner of the subject property. Deputy Mayor Southwick vacated his chair during consideration of the item and did not take part in debate or the vote on the item. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA None. 4. ANNOUNCEMENTS A. Straffordville Santa Claus parade will be held Saturday, December 9, 2017 at 10:30 a.m. beginning at the Fire Hall and ending at the Straffordville Community Centre. 5. DELEGATIONS None. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held November 16, 2017 Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the minutes of the Regular Meeting held November 16, 2017 be adopted. CARRIED 2017 Council Minutes December 7, 2017 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report BL-02/17 by Randy White Fire ChieflBy-law Enforcement Officer re Proposed Burning By-law Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report BL-02/17 re Proposed Burning By-law be referred to staff for further revisions concerning burnable materials and report back to Council. CARRIED 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re 44 Oak Street B. Notice of Adoption of Official Plan Amendment No. 22 re 27 Erieus Street C. Notice of Refusal of a Zoning By-law Amendment re 56087 Calton Line D. Notice of Public Meeting re 5149 Clarke Road E. Notice of Public Meeting re 0830513 BC Ltd. Deputy Mayor Southwick declared a conflict in Item 10.1.1-D as he is an owner of the subject property. Deputy Mayor Southwick vacated his chair during consideration of the item and did not take part in debate or the vote on this item. Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the correspondence items 10.1.1-A - 10.1.1-E be received for information. CARRIED 2017 Council Minutes December 7, 2017 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-71/17 by Bill Knifton, Chief Building Official/Drainage Superintendent re Branch A of the Number One Drain Improvements Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report DS-71/17 re Branch A of the Number One Drain be received for information; AND THAT Council appoints Spriet Associates as the Engineers to make an examination of the drainage area and prepare a report for Council's consideration. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Gravel Watch Ontario re Concerns regarding Cornerstone Standards Council (CSC) Responsible Aggregate Standard and Certification System B. Ministry of Municipal Affairs /Ministry of Labour re Bill 148 C. City of Hamilton re Provincial Flood Insurance Program D. Town of Tillsonburg re Oxford People Against Landfill Group E. Ontario Provincial Police re updates from the Municipal Policing Bureau of the OPP F. Ministry of Municipal Affairs re Municipal Transient Accommodation Tax G. Ministry of Finance re 2018 Ontario Municipal Partnership Fund Allocations Moved by: Councillor Breyer Seconded by: Deputy Mayor Southwick THAT the correspondence items 11.1.1-A - 11.1.1-G be received for information. CARRIED 11.1.2 Requiring Action A. Long Point Region Conservation Authority re 30-Day Notice to Affected Municipalities — 2018 Draft LPRCA Budget Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT the 2018 Draft LPRCA Budget be received for information. CARRIED 2017 Council Minutes December 7, 2017 B. Port Burwell Harbourfront Committee re matters relating to the further operations of the Port Burwell Harbour and Beach areas Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT the Port Burwell Harbourfront Committee correspondence relating to further operations of the Port Burwell Harbour and Beach areas be received for information; AND THAT staff be directed to reply. CARRIED 11.2 Reports to Council A. Report TR-13/17 by Lorne James, Treasurer re 2017 Q3 Variance Report Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report TR-13/17 re 2017 Q3 Variance Report be received for information. CARRIED B. Report CAO-76/17 by Paul Shipway, CAOICIerk re RFT 17-05 Supply & Placement of Granular Materials Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-76/17 re RFT 17-05 Supply & Placement of Granular Materials be received for information. AND THAT Council direct staff to bring forward a by-law to authorize an agreement for the supply and placement of granular materials from Johnston Brothers Ltd., as per RFT 17-05, in the total amount of$251,919.12+HST CARRIED C. Report CAO-77/17 by Paul Shipway, CAOICIerk re RFT 17-06 Sale of Surplus Equipment Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report CAO-77/17 re RFT 17-06 Sale of Surplus Equipment be received for information; AND THAT Staff be directed to award surplus equipment to the highest individual bidder on each piece of equipment in the 'as is, where is' condition; AND THAT the proceeds of sale be allocated to the Public Works Equipment Reserve and the Fire Department Equipment Reserve. CARRIED 2017 Council Minutes December 7, 2017 D. Report CAO-78/17 by Paul Shipway, CAOICIerk re Parks By-Law— Draft Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Report CAO-78/17 re Parks By-Law- Draft be received for information; AND THAT Council direct staff to bring forward the Parks By-law for Council consideration. CARRIED 12. BY-LAWS A. By-Law 2017-109 Being a By-law to regulate fires in the Municipality of Bayham (This By-law follows the recommendation made in Report BL-02117 by Randy White Fire Chietl By-Law Enforcement Officer during the regular meeting of December 7, 2017) B. By-Law 2017-116 Being a By-law to regulate signs including election signs within the Municipality of Bayham (This by-law follows the recommendation made in Report CAO- 70/17 by Paul Shipway, CAOI Clerk during the regular meeting of November 16, 2017) C. By-Law 2017-117 Being a By-law to authorize the execution of a trust agreement between the Municipality of Bayham and Port Burwell Historical Society (This by-law follows the recommendation made in Report CAO-72117 Paul Shipway, CAOI Clerk during the regular meeting of November 16, 2017) D. By-Law 2017-118 Being a By-law requiring an Emergency Management Program for the protection of public safety, health, the environment, the critical infrastructure and property and to promote economic stability and a disaster-resilient community Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT By-Law No. 2017-116 be amended by striking out and removing 'on campaign offices' from Section 4.2; AND THAT By-Law 2017-109 be received for information; AND THAT By-Laws 2017-116, as amended, 2017-117 and 2017-118 be read a first, second and third time and finally passed CARRIED 13. UNFINISHED BUSINESS A. By-Law 2017-056 re Vienna Memorial Park Concession Booth Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Council direct staff to have the agreement as authorized by By-Law No. 2017-056 executed by the Vienna Lions CARRIED Council recessed for a short break at 7:53 p.m. and reconvened at 8:00 p.m. 2017 Council Minutes December 7, 2017 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:00 p.m. to discuss: • labour relations or employee negotiations CARRIED A. Confidential Report regarding labour relations or employee negotiations (Organization Structure) 14.2 Out of Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Committee of the Whole do now rise from the "In Camera" session at 8:11 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017- 119 Being a By-law to confirm all actions of Council Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT confirming By-Law 2017-119 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Council meeting be adjourned at 8:12 p.m. CARRIED MAYOR CLERK -g,AY REPORT pp FIRE DEPARTMENT 'Portunity is o TO: Mayor & Members of Council FROM: Randy White, Fire Chief/By-law Officer DATE: December 21, 2017 REPORT: BL-03/17 FILE NO. C-07 SUBJECT: Proposed Burning By-law CURRENT SITUATION: A proposed burning by-law was presented to Council at the regular meeting of Dec 7', 2017. The additions of recreational fires and the prohibiting of flying lanterns were seen as acceptable. Based on commentary pertaining to restrictions on the materials allowed in recreational and permitted fires and considering the agrarian nature of Bayham, staff modified Schedule `A' of the proposed Bylaw to include materials generally acceptable to burn in agricultural operations. The intent of this bylaw is to regulate materials burned and not to enforce air quality issues which is the domain of the Ministry of Environment. RECOMMENDATION: 1. THAT Report BL-03/17 regarding a Proposed Burning By-law be received for information; 2. THAT staff be directed to bring forward a By-law to Regulate Fires in the Municipality of Bayham for Council consideration. Respectfully Submitted by: Reviewed by: Randy White Paul Shipway Fire Chief/�y-law Officer CAO Page 1 of 1 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-121 BEING A BY-LAW TO REGULATE FIRES IN THE MUNICIPALITY OF BAYHAM WHEREAS the Fire Protection and Prevention Act, 1997 S.O. 1997, c.4, as amended, states that a Council of a Municipality may pass by-laws regulating fire prevention, including the prevention of the spreading of fires, and regulating the setting of open air fires, including establishing the times during which open air fires may be set; AND WHEREAS Division B Part 2 of the Ontario Fire Code, O.Reg. 213/07, provides that open air burning shall not be permitted unless approved or unless such burning consists of a small, confined fire, supervised at all times, and used to cook food on a grill or barbecue; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that despite any Act, a Municipality and a local board may pass by-laws imposing fees or charges on any class of person for services or activities provided or done by or on behalf of it or for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; AND WHEREAS Section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to pass by-laws respecting the environmental well-being of the municipality and the health, safety, and well-being of persons; AND WHEREAS Section 125 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to regulate the use and installation of heating appliances and the storage of fuel for use in heating appliances; AND WHEREAS the Council of the Municipality of Bayham desires to lessen the risk to life and property from the potential air pollution from wood burning appliances; AND WHEREAS the Council of the Municipality of Bayham is desirous of enacting a by-law to regulate the setting of fires; NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: SHORT TITLE This By-law may be cited as the `Burning By-law'. 1. DEFINITIONS For the purposes of this by-law 1.1 "Approved" means approved by the Fire Chief or designate. 1.2 "Authorized Agent" means any Responsible Person who can provide reasonable evidence that they are authorized to act for the Owner of a particular property. 1.3 "Ban" on Open-Air fires means a restriction or prohibition on Open-Air fires issued by the Fire Chief. 1.4 "Building" means any structure used or intended for supporting or sheltering any use or occupancy, but does not include a non-enclosing open-sided structure. 1.5 "Burn Permit" means a written conditional authorization in the form of Form 1 — Burn Permit (Schedule C), issued and administered by the Municipality to set or maintain an Open-Air fire, in accordance with any restrictions and conditions contained in this By-Law or as may be specified on the Burn Permit. 1.6 Thiminea" means a device largely made from pottery and which is equipped with a chimney and a substantially enclosed hearth in which a recreational fire may be set. 1.7 "Combustible" means any material, combination of materials, or arrangement of materials in which any portion thereof is susceptible to catch fire when exposed to heat, flame, or other burning materials. 1.8 "Council" means the Council of the Corporation of the Municipality of Bayham. 1.9 "Effective Barrier" means an enclosure on the ground with a complete perimeter of metal, masonry, stone or earth, with the enclosure walls having a minimum height from the ground of at least 1/3 the measured diameter or width, as the case may be, based on the applicable shape of the enclosure. 1.10 "Exempt" means that, under specified conditions, a particular type or configuration of Open-Air fire does not require a Burn Permit. 1.11 "Fire Code" means the Ontario Fire Code, O. Reg. 213/07, as enacted under the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended. 1.12 "Fire Chief" means the assistant to the Fire Marshal who is the Municipal Fire Chief or a member or members of the Fire Department appointed by the Municipal Fire Chief under Article 1.1.1.2 of Division C of the Fire Code or a person appointed by the Fire Marshal under Article 1.1.1.1 of the Fire Code. 1.13 "Fireworks" means a consumer device containing gunpowder and other combustible chemicals that causes an explosion when ignited and classified by the Canada Explosive Regulations as low hazard fireworks for recreation (Class 7.2.1). 1.14 "Flying Lantern" means a small hot air balloon fueled by an open flame and when released, the hot air produced by the fuel source can lift the lantern to substantial heights and allows it to drift for long distances. 1.15 "Incinerator" means a device that is operated and Regulated, including but not limited to licensing under a Certificate of Approval from the Ontario Ministry of the Environment and which is not subject to the requirements of this By-law. 1.16 "Made Safe" means that all reasonable and prudent steps are taken to guard against the spread of fire due to rekindling by ensuring all combustible materials are wet or have been removed or consumed and no further heat is being generated. 1.17 "Multi-unit Residential Building" means any building in which there are three or more residential dwelling units as defined by the Ontario Building Code. 1.18 "Municipal Law Enforcement Officer" means that person, or persons, appointed by Council of the Municipality of Bayham for the purpose of enforcing Municipal By- laws or designates, including Municipality of Bayham Fire Department Officials. 1.19 "Municipality" means the Corporation of the Municipality of Bayham. 1.20 "Occupancies" means the use or intended use of a building or part thereof as defined in the Ontario Building Code. 1.21 "Open-Air fire" means: 1.21.1 any fire set outdoors; 1.21.2 but does not include: 1.21.2.1 fires in Incinerators; or 1.21.2.2 fires in devices installed outside of a building that are used as a source of heat or power for the building or that are ancillary to a manufacturing process, operated within such building and provided that such device is certified for by a recognized and appropriate agency for a purpose requiring the containing of a fire. 1.22 "Owner" means an owner, lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham. 1.23 "Person" means any individual, association, firm, partnership, corporation, agent, or trustee and their heirs, executors, or other legal representation of such person. 1.24 "Responsible Person" means any adult person (18 years of age or older) who, in the opinion of a Municipal Law Enforcement Officer, is capable of exercising the required judgment and capable of performing the necessary actions to control a fire and prevent its unwanted spread. 1.25 "Rural Area" means any lands located outside of the Urban Areas as designated in the Municipality of Bayham Zoning By-law No. Z456-2003 as amended. Notwithstanding the boundaries listed in Zoning By-law No. Z456-2003, as amended, any particular property falling within a designated Urban Area boundary that meets the following zoning categories is considered a Rural Area for the purposes of this By-law: 1.25.1 Hazard Lands (HL), but only that portion that is within 30 meters (98.43 feet) of the Lake Erie shoreline; 1.25.2 Open Space (OS); 1.25.3 Tourist Commercial (C3) but only that portion being used as a campground. 1.26 "Solid Fuel Heating Appliance" means a heating appliance capable of burning solid fuel and capable of being used for comfort or heating. 1.27 "Structure" means anything constructed or erected, the use of which requires location on or in the ground. 1.28 "Urban Area" means, for the purposes of this By-law, an area that is not a Rural Area as defined in Section 1.24 above. 2 RESTRICTIONS ON BURNING 2.1 No person shall set or maintain an Open-Air fire except; 2.1.1 an Exempt fire as described in Section 3 of this By-law; or 2.1.2 as is permitted under the conditions of an issued Burning Permit as defined in Section 5 of this By-law. 2.2 No person shall set or maintain any Open-Air fire where the fuel is any material other than those materials outlined in Schedule "A", forming part of this By-law. 2.3 No person shall use or permit the use of a Solid Fuel Heating Appliance that is fueled by any material other than those materials outlined in Schedule "A", forming part of this By-law. 2.4 No person shall set off, or cause to be set off, at any time, any Flying Lanterns anywhere in the Municipality of Bayham. 2.5 No person shall set, maintain or permit a Fire to be set or maintained, contrary to any provision of this by-law. 2.6 No person shall contravene any conditions of a Permit issued under the provisions of this by-law. 2.7 No person shall contravene any conditions of setting or maintaining a Fire under the provisions of this by-law. 2.8 No person shall contravene any Order issued under the provisions of this By-law 2.9 No person shall fail to comply with any Order issued under the provisions of this By- law 3 EXEMPT FIRES The following types of Open-Air fires are Exempt and such fires may be set and maintained anywhere in the Municipality of Bayham provided that the conditions in this By-law are fully met; 3.1 Cooking Fires 3.1.1 A charcoal, compressed gas, or wood fire, that is only large enough for the cooking purpose described below, and is confined within a barbecue or grill that is constructed of metal, ceramic, stone, or masonry, and that is exclusively designed for and being used for the cooking of food for human consumption, and is continuously supervised by a Responsible Person, and provided that all of the following conditions are met; 3.1.1.1 such fire is not on a porch, balcony, or verandah that is roofed and is attached to a Multi-unit Residential Building; and 3.1.1.2 such fire is not in within three 4 meters (13.1 feet) of dry vegetation; and 3.1.1.3 such fire is not set or maintained in any place that by its design, material burned, or use of those of the surrounding lands is conducive to the development or the spread of fire or explosion. 3.2 Construction or Maintenance Activities 3.2.1 An appliance of a portable nature which requires an open flame for the heating of a material during a construction or maintenance process, provided such appliance is safe to operate, and provided that it is not operated in such a manner as to create a fire hazard, and provided that the fire is attended and supervised at all times by a Responsible Person. 3.3 Other Flaming Devices 3.3.1 Patio torches, candles or Fireworks provided that all of the following conditions are met: 3.3.1.1 such devices are not operated within 4 meters (13.1 feet) of dry vegetation; and 3.3.1.2 such devices are not operated in any other place conducive to the development or the spread of fire or explosion, and 3.3.1.3 such devices are permitted or licensed by By-law. 3.4 Recreational Fire 3.4.1 With the permission of the subject property owner, a recreational fire on privately owned lands provided that such campfire meets all of the following: 3.4.1.1 the fire is for the provision of warmth, recreation or cooking; and 3.4.1.2 the area designated for the fire is not more than 66 centimeters (26 inches) in any horizontal dimension; and 3.4.1.3 all materials to be burned are contained around the complete perimeter of the designated area by an Effective Barrier of metal, masonry, ceramic, or stone, or are within a like-dimensioned pit in the ground; and 3.4.1.4 the pile of materials to be burned is not more than 66 centimeters (26 inches) in height; and 3.4.1.5 the fire is located at least 4 meters (13.1 feet) from any building, structure, property line, tree, canopy, hedge, fence, roadway ,overhead wire or other combustible material; and 3.4.1.6 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to nearby Combustible materials; and 3.4.1.7 a means to extinguish the fire is readily available; and 3.4.1.8 the fire is attended and supervised at all times by a Responsible Person; and 3.4.1.9 at the completion of the burn, the fire shall be completely extinguished and shall be Made Safe before it is left unattended. 3.5 Burn Barrels 3.5.1 An enclosed fire in a Burn Barrel on privately owned lands that are located in a Rural Area provided that all of the following are met: 3.5.1.1 the Burn Barrel is situated securely on level ground; and 3.5.1.2 the Burn Barrel is in good condition; and 3.5.1.3 all openings in the Burn Barrel are covered at all times by a suitable metal wire mesh with a grid openings of not more than 6 mm (1/4 inch) in diameter; and 3.5.1.4 the fire is attended and supervised at all times by a Responsible Person; and 3.5.1.5 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to Combustible materials 4 meters (13.1 feet) of the Burn Barrel. 3.6 Chiminea 3.6.1 A fire in a Chiminea on any privately owned lands provided that such fire meets all of the following: 3.6.1.1 is in an Urban Area and no portion of the hearth of the Chiminea is more than 61 centimeters (24 inches) in diameter, and 3.6.1.2 all openings in the Chiminea are completely covered at all times by a suitable metal wire mesh with a grid openings of not more than 6 mm (1/4 inch) in diameter; and 3.6.1.3 only clean and dry wood or charcoal be burned; and 3.6.1.4 the Chiminea is not located on any Combustible surface, and 3.6.1.5 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to any Combustible materials; and 3.6.1.6 the fire is attended and supervised at all times by a Responsible Person. 4 CONDITIONS ON EXEMPT FIRES Any person who sets or maintains an Exempt Fire as provided for in Section 3 of this By-law shall be responsible to take all necessary steps to ensure that all of the following conditions are met: 4.1 Smoke 4.1.1 The smoke or other emissions from the fire shall not travel across any public roadway to an extent or degree that it may cause a public safety hazard to any person traveling on the highway, including but not limited to, travel as a pedestrian or as an operator of a motor vehicle. 4.2 Clearances (unless otherwise stated) 4.2.1 The fire shall be located a distance of at least 4 meters (13.1 feet) horizontally and 10 meters (32.8 feet) below any portion of any Combustible structure or accumulation of Combustible materials. 4.3 Materials Restricted 4.3.1 Except as may be more specifically restricted elsewhere in this by-law, only the materials listed on Schedule A shall be permitted to be burned. 4.4 Extinguishment 4.4.1 At the completion of the burn, the fire shall be completely extinguished and the burn site shall be Made Safe before it is left unattended. 5 BURN PERMITS 5.1 The Fire Chief or designate shall issue written Burn Permits to owners of property in a Rural Area, or to the Authorized Agent of the owner of such property, permitting a Responsible Person to burn Schedule A materials, under all of the following conditions: 5.1.1 All the conditions of Section 4 of this By-law shall apply equally to Burn Permitted fires. 5.1.2 Constant supervision of the fire shall be maintained by a Responsible Person with the necessary means immediately available to extinguish the fire or limit its spread and in addition having the means readily at hand to summon the fire department. 5.1.3 The property owner shall be held responsible and shall be liable individually and severally for the actions of their Authorized Agent with respect to the provisions, conditions, and penalties contained in this By-law. 5.1.4 No person shall conduct an Open Air burn on either any public road allowance or municipal property unless such burning is being conducted by authorized employees or Authorized Agents of the Municipality of Bayham. 5.1.5 The size of any pile of materials to be burned: 5.1.5.1 shall not exceed 9 square meters (96.84 square feet) in area and 2 meters (78.75 inches) in height, as measured from the ground level, unless specifically approved under an exemption; and 5.1.5.2 in the case of an area zoned Agricultural, shall not exceed 36 square meters (387.36 square feet) in area and 2 meters (78.75 inches) in height, as measured from the ground level, unless specifically approved under an exemption; and 5.1.6 The days of the week and the hours of the day during which the Burn Permit is valid are indicated on the permit. Burning shall not be allowed between '/ hour after sunset and '/2 hour before sunrise unless specifically approved under an exemption. 5.1.7 An expiry date shall be indicated on the Burn Permit. In no case shall a Burn Permit have an expiry date of that exceeds December 318t of the year of issue. The expiry date on a Burn Permit shall not be extended due to any suspension of the permit. 5.1.8 Permit fees are specified in the current Municipality of Bayham Fees By-Law. 5.1.9 The fee collected for each Burn Permit is non-refundable regardless of whether or not the privileges granted under the permit have been exercised. No adjustment or refund of fee shall be provided due to suspension or revocation of any Burn Permit. 5.1.10 All Burn Permits are automatically suspended on any day when there is a smog advisory or alert issued for that day, as applicable to the area for which the burn Permit is issued, by the Ontario Ministry of Environment and Energy. 5.1.11 All valid Burn Permits are automatically suspended during such periods and in such areas where gusting or sustained wind speeds exceed 20 kilometers per hour (12.43 miles per hour). 5.1.12 All valid Burn Permits are automatically suspended during such periods and in such areas where the Fire Chief has determined that there exists a High or Extreme Fire Weather Index (FWI) or other hazardous conditions and issues a Burn Ban. 5.1.13 The Burn Permit shall specify as the 911 address of the location of the intended fire. Separate Burn Permits will be required for properties at different addresses. 5.1.14 The holder of a Burn Permit shall advise Fire Communications before any burning commences and again when the fire is extinguished. 5.1.15 The holder of a Burn Permit shall keep it or a legible copy of it at the location of the fire specified on the Burn Permit. 5.1.16 Any Burn Permit holder who is in violation of this By-law shall have their Burn Permit summarily revoked and all fires shall be immediately extinguished or shall be caused to be extinguished. 5.1.17 Burn Permits are non-transferable. 6 BURNING OF RUBBISH PROHIBITED 6.1 No person shall install, use, and/or maintain an unlicensed incineration device for the burning of garbage or other refuse in any class or classes of Building. 7 FIRE BAN 7.1 Despite the existence of valid Burning Permits, the Fire Chief may issue a Ban on any or all Open-Air Fires or may suspend without recourse any or all Burning Permits and cause to be extinguished any or all Open-Air Fires (whether Permitted or Exempt) until such conditions as the Fire Chief may indicate are met. 8 RIGHT TO ENTER AND ENFORCE 8.1 Municipal Law Enforcement Officers shall have the right to enter at all reasonable times upon any property in order to ascertain whether this By-law is being obeyed, and to enforce or carry into effect the By-law. 9 FIRE DEPARTMENT EXEMPT 9.1 Any fires under the direct and constant supervision and control of the Municipality of Bayham Fire Department are exempt from the provisions of this by-law. 10 PENALTY 10.1 Every person who contravenes or who causes or permits a contravention of any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. 10.2 Every person who knowingly provides false or misleading information for the purposes of obtaining a Burning Permit is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. 10.3 If a contravention of any provision of this by-law occurs, the contravention may be presumed to have been committed by the owner of the land on which the contravention occurred, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. 10.4 If a Municipal Law Enforcement Officer is satisfied that a Solid Fuel Heating Appliance is being used in contravention of the by-law, the Municipal Law Enforcement Officer may make an oral order requiring any one or more of the person who is contravening the by-law, the person who caused or permitted the contravention, or the person who owns or occupies the land on which the contravention is occurring, to discontinue the contravention immediately. 10.5 If the contravention of this By-law results in fire suppression or fire safety personnel and vehicles being dispatched to respond, the person in control of the fire and/or the property owner may be charged, at the discretion of the Fire Chief, for the cost of such response according to the rates published in the current Municipality of Bayham Rates and Fees By-Law. However, nothing in any schedule of rates shall be construed as limiting the rights of the Municipality to seek restitution for other direct or consequential damages or costs incurred beyond those listed. 10.6 The quantity and type of fire vehicles and personnel dispatched to respond for the purposes of extinguishing, controlling, or investigating any fire are at the discretion of the Fire Chief. 11 VALIDITY 11.1 In the event that any of the provisions of this By-law are deemed ultra-vires by any Court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. 12 REPEAL 12.1 That By-law No. 2006-047of the Municipality of Bayham is hereby repealed in its entirety. 13 EFFECTIVE DATE 13.1 This by-law shall come into force and effect on the date of final passage thereof and approval of Set Fines. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER, 2017. Mayor Clerk SCHEDULE A By-law No. 2017-121 All materials other than those listed below are specifically prohibited from being burned • wood and wood by-products that have not been chemically treated, painted or stained • paper and cardboard • brush, stumps, hay, straw, grass and other yard, garden or agricultural materials • natural or petroleum gases or liquids used as appliance fuels • charcoal materials intended for B-B-Q use. • other clean burning Combustible materials that may be specifically Approved by the Chief Fire Official. SCHEDULE B DEFINED URBAN AREAS By-law 2017-121 Explanatory note: "Urban Areas"include all areas shown on the following zoning by-law schedules except those portions of these areas that are considered a Rural Area according to Section 4 of this By-law. Community By-law Schedule Name Calton Z456-2003 as amended G Corinth Z456-2003 as amended B Eden Z456-2003 as amended D North Hall Z456-2003 as amended C Pt. Burwell Z456-2003 as amended I Richmond Z456-2003 as amended E Straffordville Z456-2003 as amended F Vienna Z456-2003 as amended H g,�YH NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM Op�Oxtunity I5�°Jiy APPLICANT: EVA AND TOM SOUTHWICK TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 21, 2017 at 7:30 p.m. in the Municipal Council Chambers at 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law amendment under Section 34 and Section 39 of the PLANNING ACT. THE PURPOSE of this By-law is to temporarily change the zoning regulations on a 2,630 m2(0.65 acres) parcel from Agricultural (Al) Zone to a combined Agricultural and Temporary (A1/T2-X) Zone to permit a garden suite, in the form of a one storey mobile home unit, for a period not to exceed twenty (20)years in Zoning By-law Z456-2003. The subject lands are located on the west side of Clarke Road, north of Glen Erie Line known as 5149 Clarke Road. THE EFFECT of this By-law will be to allow for the installation of a temporary residence on the subject lands exclusively for the care of elderly parents for a period not exceeding 20 years. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 1It day of December 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill(dbayham.on.ca W: www.bayham.on.ca SUBJECT LANDS cam: g,�YH NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM Op�Oxtunity I5�°Jiy APPLICANT: 0830513 BC LTD TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 21, 2017 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning regulations on 0.4 ha (1 acres) of land in the Agricultural (Al) Zone to a Site-specific Rural Residential (RR-XX) Zone and on 25 ha (62 acres) of land from Agricultural (Al) Zone to a Site-specific Special Agricultural (A2-XX) Zone in Zoning By-law Z456-2003. The subject lands are located on the south side of Heritage Line, east of Toll Gate Road known as 57401 Heritage Line. THE EFFECT of this By-law will be to allow for residential use on a 0.4 ha parcel surplus to the farming operation and prohibit the keeping of livestock; and to allow for continued agricultural use on a 25 ha (62 acres) parcel and to prohibit future residential development on the lands and the keeping of livestock. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 1st day of December 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator �- Municipality of Bayham 56169 Heritage Line 1" Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill(bayham.on.ca W: www.bayham.on.ca C 4�7 I �L SUBJECT LANDS DECISION _� '►T COMMITTEE OF ADJUSTMENT MUNICIPALITY OF BAYHAM OAp�+tunity lsY��{y 56169 Heritage Line,P.O.Box 160,Straffordville,Ontario,NOJ 1Y0 Telephone: 519-866-5521 Fax: 519-866-3884 Application No. A-10/17 Applicant: William and Gary Moore Lot: Plan 54 Lot 24 Roll Numbers: 34-01-004-001-13220 Street Address: 44 Oak Street,Vienna Date of Hearing: December 7,2017 Date of Decision: December 7,2017 In the matter of Section 45 of the Planning Act and the Municipality of Bayham Zoning By-law No. Z456-2003, Committee of Adjustment considered all public comments in making the following decision: THAT the Committee of Adjustment Secretary-Treasurer's report DS-70117 regarding the Moore minor variance be received; AND WHEREAS the Committee agrees that the proposed variances as presented meet Section 45.1(1)of the Planning Acf and are considered minor; THEREFORE application A-10/17 submitted by William and Gary Moore, pursuant to Section 45 of the Planning Act for minor variance,is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: ® Section 4.8 Prohibited Uses Subsection 4.8.1 c)to permit the construction of a modular home with a floor area of 200 m2(2,152 f:2)where modular homes are prohibited ® Section 10.3 Minimum Lot Area to permit 745 mz(8,020 ft2)where 800 m2(8,611 ft2)is the required minimum lot area ® Section 10.4 Minimum Lot Frontage to permit 18.3 m(60 feet)where 20.0 metres(66 feet) is the required minimum lot frontage Condition: the modular home be placed on a permanent foundation DECISION: Granted Reasons for the Decision: ® the variances and the intent is considered to be in compliance with the Provincial Policy Statement 2014,Elgin County Official Plan and Bayham Official Plan © the variances are considered to be minor in nature Concur in the Decision: Paul Ens Tom Southwick Randy Breyer Wayne Casier ✓A--� A/- Ed 6fetchabaw NOTICE OF LAST DATE OF APPEAL TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law within 20-days of the Notice of Decision by filing with the undersigned, not later than the 27w day of December 2017, a notice of appeal setting out the objection to the Decision and the reasons in support of the objections.It is also necessary to submit a filing fee of$300.00 with the notice of objection. Dated at the Municipality of Bayham this 7ch day of December 2017. Margaret Underhill Secretary-Treasurer Committee of Adjustment g,AY REPORT ' DEVELOPMENT SERVICES ortunzty Is�0 4y TO: Mayor& Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: December21, 2017 REPORT: DS-72/17 FILE NO. C-07/E09 SUBJECT: PETITION FOR DRAINAGE FROM MR. CHAD UNDERHILL BACKGROUND: This report is to present Council the Petition filed with the Clerk, of the Municipality of Bayham, on December 7, 2017. The petition is for a drainage works for lands owned by Mr. Chad Underhill and known as south part lot 6, Con 10, Roll 3401-000-008-08500. This parcel of land is situated east of Woodworth Road and north of Vienna Line. Section 4(1) of the Drainage Act provides for a petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by: (a) The majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area: (b) The owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60% of the hectarage in the area; (c) Where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61(5); (d) Where a drainage works is required for the drainage of lands used for agricultural purposes, the Director. The Drainage Act provides that Council must give consideration to the petition and, within thirty days (Section 5.1.a) of the filing, decide whether or not it will proceed. If Council decides not to proceed then written notice of its decision must be sent to each petitioner. A petitioner may appeal to the Ontario Drainage Tribunal if Council decides not to proceed, or if Council does not act on the petition within 30 days. It may be difficult for Council to make a decision on the validity of the petition as it is based on definition of the "area requiring drainage". Initially, the petitioner(s) define this area on the petition they submit, however the area must be defined by an engineer at the "on-site meeting" to determine the validity of the petition. If the Municipality decides to proceed then written notice of its decision must be given to (Section 5.16): (a) each petitioner; (b) the Clerk of each local municipality that may be affected; (c) the Conservation Authority that may be affected; (d) the Ministry of Natural Resources; (e) The Ministry of Agriculture, Food & Rural Affairs. The Municipality must appoint an engineer within sixty days (Section 8.3) of giving notice to proceed. The choice of engineer is the decision of Council. When appointed by Council to prepare a report on the drainage work, the engineer is to file said report within six (6) months (Section 39.1) of the appointment. Following the appointment the engineer must (Section 9.1) cause the Municipal Clerk to send a written notice, specifying the time and place of an "on-site meeting". The notice must be served seven days prior to the proposed site meeting. DISCUSSION: The area where Mr. Underhill's land is located is being presently being worked on by Spriet Associates via a previous petition for drainage from Bayham's Road Superintendent. During the course of the Engineers design, we had a preliminary drainage meeting with affected land owners in the drainage area of the proposed drainage works. Mr. Underhill in attendance of this meeting requested his lands as described above be added to the area so that the future municipal drain can be of benefit to his lands. Mr. Underhill has therefore submitted a petition for drainage that can be incorporated into the proposed drainage works being designed by Spriet Associates at this time. RECOMMENDATION 1. THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Mr. Chad Underhill. 2. THAT Report DS-72/17 regarding the petition for drainage and for drainage improvement be received; 3. AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council's consideration. Respectfully Submitted by: Bill Knifton / ay Chief Building Official CAO Drainage Superintendent Ministry of Agriculture, Petition for Drainage Works by Owners t)��Ontario Food and Rural Affairs Form 1 Drainage Act, R.S.O.1990,c.DA 7,clause 4(1)(a)or(b) This form is to be used to petition municipal council for a new drainage works under the Drainage Act.It is not to be used to request the Improvement or modification of an existing drainage works under the Drainage Act. To: The Council of the Corporation of the of The area of land described below requires drainage(provide a description of the properties or the portions of properties that require drainage improvements) In accordance with section 9(2)of the Drainage Act,the description of the area requiring drainage will be confirmed or modified by an engineer at the on-site meeting. As owners of land within the above described area requiring drainage,we hereby petition council under subsection 4(1)of the Drainage Act for a drainage works.In accordance with sections 10(4),43 and 59(1)of the Drainage Act,if names are withdrawn from the petition to the point that it is no longer a valid petition,we acknowledge responsibility for costs. Purpose of the Petition(To be completed by one of the petitioners.Please type/print) Con ct Person(Last Name) (First Namr) Telephone Number 1,5'ck (�1 AcTdresi Road/Street Number Road/Street Name Location of Project Lot Concession Municipality Former Municipality(if applicable) What work do you require? heck all appropriate boxes) ❑ Cprilstruction of new open channel Construction of new the drain ❑ Deepening or widening of existing watercourse(not currently a municipal drain) ❑ Enclosure of existing watercourse(not currently a municipal drain) ❑ Other(provide description♦) Name of watercourse(if known) qe-)1-9 MP� Estmated le gth of project General of soils in the area What a purpodo the proposed wo Check appropriate box) ile drainage only urface water drainage only etoth Petition filed this I day of _.20 Name of Clerk(Last,first name) Signature Is 14-,-Pw A A L4 C_ 0173E(2012/08) C Queen's Printer for Ontario,2012 Disponibte an frantais Page 1 Property Owners Signing The Petition I Page of Your municipal property tax bill will provide the property description and parcel roll number. In rural areas,the property description should be in the form of(part)lot and concession and civic address. • In urban areas,the property description should be in the form of street address and lot and plan number if available. • If you have more than two properties,please take copy(ies)of this page and continue to list them all. Number Property Description LlI .'!�b- go Ward or Geographic Township Parcel Rol Number ,6� �C) I hereby petiti n for drainage for the land described and acknowledge my financial obligations. Owne tp ole Ownership ner Name(Last,First Name)(Type/Print) atur .— ( Date(yyyy/mm/ d) Partnership(Eagh bArfin—er in the ownership of the property must sign the petition form) I y yvner N Rme(Last,First Name)(Type/Print) Signs ure 44 F 421 Date(yyyy/m d) j ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) Number Property Description Ward or Geographic Township Parcel Roil Number I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Partnership(Each partner in the ownership of the property must sign the petition form) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) ❑ Check here if additional sheets are attached I Clerk initial Petitioners become financially responsible as soon as they sign a petition. Once the petition is accepted by council,an engineer is appointed to respond to the petition.Drainage Act,R.S.O.1990,c.D.17 subs.6(1). After the meeting to consider the preliminary report,If the petition does not comply with section 4,the project is terminated and the original petitioners are responsible in equal shares for the costs.Drainage Act,R.S.O.1990,c.D.17 subs.10(4). After the meeting to consider the final report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible for the costs in shares proportional to their assessment in the engineer's report.Drainage Act,R.S.O.1990, c.D.17 s.43. If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties In relation to the assessment schedule in the engineer's report,as amended on appeal.Drainage Act,R.S.O.1990,c.D.17 s.61. Notice of Collection of Personal Information Any personal information collected on this form is collected under the authority of the Drainage Act,R.S.O.1990,c.D.17 and will be used for the purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed to a municipality(municipality to complete) and where the form is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and Rural Affairs.1 Stone Rd W,Guelph ON N 1 G 4Y2,$19 826-3552. 0173E(2012/08) REPORT o �CV DEVELOPMENT SERVICES ortunity Is 0 TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: December 21, 2017 REPORT: DS-73/17 FILE NO. C-07 D9.17 Csinos Roll # 3401-000-001-04800 SUBJECT: Consent Application Ell 2/17 Csinos Farms Limited—Condition Re: Land Conveyance BACKGROUND On March 29, 2017, Elgin County Land Division Committee granted Consent Application El2/17 submitted by Csinos Farms Limited for a lot addition involving the severance of a parcel of land, containing two metal clad buildings which share electrical services with the house, be added to the 1.06 acre residential parcel municipally identified as 56001 Glen Erie Line. Conditions of the consent include the requirement for the merger of the severed lands with the adjacent residential parcel. The solicitor, Jenkins & Gilvesy, representing the applicant contacted the municipality on December 121h to discuss the Land Division Committee condition that states: "The Solicitor for the applicant is to provide satisfactory written evidence to the Committee, confirming that: a) the lands which are the subject of the application and the lands which abut to the southeast, which lands have, in the past have had the benefit of an unqualified Land Division Consent, shall merge in title and become one parcel for Planning Act purposes inclusive of any mortgagees interest; b) that the description of the lands abutting to the southeast, which are to merge with the subject lands, has been reduced by satisfactory amendment since the date of its having been previously granted an unqualified Consent and as such is once again subject to Subsection 3 of Section 50 of the Planning Act, R.S.O. 1990, as amended. The Solicitor undertakes to provide a copy of the registered consolidation of the severed and abutting lands upon registration thereof." DISCUSSION In simpler terms, the residential parcel to which the severed piece is to merge was created by severance in 1981, the original and the new piece cannot merge in title unless the original Staff Report DS-73/17 Csinos Farms Limited 2 parcel's legal description changes. Hence, the request before you is to accept the conveyance of a 1' X 1' piece to the Municipality to change the legal description of the original parcel to facilitate the merger of the two parcels. In 2014 the Municipality agreed to a similar conveyance pertaining to the Morse Consent E32/13 (Richmond) and in 2015 Council approved two similar conveyances for 571515 Ontario Inc. Consent E122/15 (Richmond) and Patricio/Martins Consent E61/14 (Port Burwell). RECOMMENDATION 1. THAT Report DS-73/17 be received for information; 2. AND THAT Council directs staff to proceed with the Csinos Farms Limited conveyance of a 1 square foot parcel to the Municipality to satisfy a condition of Consent Application E12117 regarding parcel merger; 3. AND THAT the Mayor and Clerk be authorized to execute the necessary documents to complete the conveyance. Respectfully Submitted by: Reviewed by: i Margaret Underhill Au ayDeputy ClerklPlanning Coordinator Ark g RT REPO DEVELOPMENT SERVICES oj'tunity IS 0 TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: December 21, 2017 REPORT: DS-74/17 FILE NO. C-07 / D10.UNDE16 / BL 2016-080 Roll # 3401-000-003-05301 SUBJECT: Site Plan Agreement Max Underhill Farm Supply -Request Second Extension BACKGROUND: A site plan control agreement was approved on September 15, 2016 with Max Underhill Farm Supply for their property located at 56532 Calton Line, Vienna. The Agreement addresses the construction of two warehouses (each 1860.5 m2) with lot upgrades for parking, access and drainage. The subject land is designated "Industrial" in the Official Plan and zoned Farm Industrial (M1-4) in the Zoning By-law Z456-2003. DISCUSSION: On September 7, 2017 Council granted an extension to the site plan agreement to December 30, 2017 based on the Max Underhill's Farm Supply Ltd.'s anticipated completion of the project. The Owners are in a position again to request a further extension due to contractor availability. The Owners wish to request an extension of the site plan agreement for an additional four months — ending April 30, 2018. Please refer to their correspondence received December 12, 2017 as attached. In reviewing the attached correspondence, staff recommends approval of the site plan agreement extension for an additional time period to allow for the resolve of the water supply requirement. ATTACHMENTS 1. Correspondence from Max Underhill Farm Supply dated December 12, 2017 Staff Report DS-74/17 Max Underhill Farm Supply 2 RECOMMENDATION 1. THAT Report DS-74/17 regarding the Max Underhill Farm Supply site plan agreement second extension request be received; 2. AND THAT Council agrees to extend the site plan agreement approved on September 15, 2016 by By-law 2016-080, due to expire on December 30, 2017 for an additional time period ending April 30, 2018. Respectfully Submitted by: Reviewed by: Margaret Underhill aul w Deputy ClerklPlanning Coordinator CAOt rk fAJr GROUP Max Underhill's Farm Supply Ltd EC E IV E Vienna, ON NOJ 1ZO Aylmer,ON N5H 2R5 Tel: (519)866-3632 Tel: (519)773-5658 DEC 12 2017 Fax:(519)866-3422 Fax: (519)765-3270 MUNICIPALITY OF BAYHAM December 12, 2017 Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, Ontario NOJ 1ZO Attention Margaret Underhill: This letter is intended to ask for an additional extension on the completion date(per Section 27)as we have been unable to complete the fire water containment building due mainly to our contractor's schedule. The original anticipated date of completion was September 15th, 2017,you then granted us an extension until December 30th, 2017 and we are now asking for a further extension to April 30th, 2018. We once again apologize for not getting you this request 60 days prior to December Both, 2017, but we just received notification from the contractor that they will be unable to start wall and roof construction until January 2018. Rest assured that the building is at the top of our priority list. The ground preparation work began the day that we were granted a building permit and the cement has been poured as well, but that is unfortunately as far as we have been able to go. The tanks are laying on the ground to the north of the building, ready to be stood up and installed (once the building has been erected). We are asking for an April 30th, 2018 completion date as once the building has been erected, we will then have to place the tanks inside,have them plumbed(Logan's Plumbing has been engaged for this)and have the hydrant installed(Tillsonburg Fire and Safety Equipment Ltd. has been contacted and are working on this as well). Once these tasks are complete we will then have to check for leaks and fill the tanks with water. We are asking for an extension until April 30th, 2018 to complete these requirements. Anticipating your understanding and acceptance. Andrew Sebok Vice President Elf;inCouP' REPORT TO COUNTY COUNCIL FROM: Kate Burns Gallagher, Economic Development Coordinator Alan Smith, General Manager of Economic Development DATE: November 28, 2017 SUBJECT: Elgincentives 2017 Year End Review INTRODUCTION: In October 2015 the Elgincentives Community Improvement Plan was launched. In two years the program has seen huge success across the County. The following is a summary on the total number and value of incentives from January— November 2017 and cumulative from October 2015 — November 2017. Staff will continue to report on an annual basis in December of every year on the program results. DISCUSSION: 2015* 2016 2017 Total Yearly Allocation $ 100,000 $ 250,000 $ 200,000 $ 550,000 Funds Available $ 100,000 $ 271,407 $ 200,547 $ ---------- Total Value of Project Costs $ 241 ,537 $ 792,368 $ 1,463,711 $ 2,497,616 Total Grant Requests $ 80,134 $ 273,000 $ 391,765 $ 744,899 Total Grants Approved $ 78,593 $ 270,860 $ 199, 343 $ 546,582 Total Number of Projects 10 40 59 109 Average Grant Amount: $ 7,859 $ 6,785 $ 3,399 $ 5,014 *2015— October— December Elgincentives Grants Number of Approved Approved Grant Value Projects* Fagade 14 $ 40,182 Signage 13 $ 11,362 Property 13 $ 19,058 Building Improvement 30 $ 100,612 Building Conversion/Expansion 3 $ 12,297 Energy Efficiency 7 $ 12,185 Outdoor Art Grant (located in priority area) 0 $ 0 Savour Elgin 4 $ 2,766 Arts Trail 2 $ 881 Planning and Building Fees Grant 0 0 Tax Increment Equivalent Grant 1 TBD *several applications were approved for more than one grant # of Grant Value of By Municipality Applications Value Projects Aylmer 13 $ 42,420 $ 163,654 Bayham 7 $ 28,194 $ 167,955 Central Elgin 18 $ 56,785 $ 309,564 Dutton Dunwich 4 $ 11,334 $ 112,307 Malahide 5 $ 19,728 $ 124,759 Southwold 7 $ 27,527 $ 111,544 West Elgin 5 $ 11,141 $ 467,929 As indicated in the above tables Elgincentives had 59 approved applications from January— November 2017 with total investment by Elgin of $199 343 resulting in private investment of $1 463 711. In 2017 the first Tax Increment Equivalent Grant (TIEG) application was received. For 2017 there were four applicants that withdrew after approval as they did not receive the required funds to move ahead with the project. All four re-applied at a subsequent meeting and have proceeded with the projects. Two approved applicants did not meet their contractual obligations to start the project within six months of approval and so have forfeited their funding towards the project. For 2018, Elgincentives will receive an additional $80,000 into the budget from the removal of the vacany tax rebate. This will allow for a 2018 budget of $255,000 ($175,000 approved by Council and $80,000 from rebate). This will once again be allocated over five meetings over the course of the year. The Elgincentives Implementation Committee has also agreed to move forward with the research into an Industrial Tax Increment Equivalent Grant (TIEG) for 2018. CONCLUSION: The popularity of the Elgincentives program continues to grow, improving Elgin's downtowns, waterfronts, agricultural and tourism areas. This program is stimulating economic growth and development by assisting businesses and property owners with restoration and redevelopment projects County wide. The Elgincentives Implementation Committee will meet January 17, 2018 to review the first applications for 2018. Elgincentives is a shining example of how Elgin County is "Progressive by Nature". RECOMMENDATION: THAT the report titled "Elgincentives 2017 Year End Review" from the Economic Development Coordinator dated November 28, 2017 be received and filed as information. All of which is Respectfully Submitted Approved for Submission Kate Burns Gallagher Julie Gonyou Economic Development Coordinator Chief Administrative Officer Alan Smith General Manager of Economic Development LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS — MINUTES of November 1st, 2017 APPROVED December 6", 2017 Members in attendance: Dave Beres, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice and David Hayes Staff in attendance: C. Evanitski, J. Maxwell, L. Minshall, P. Walther-Mabee and D. McLachlan Regrets: Leroy Bartlett, Doug Brunton, Noel Haydt, John Scholten and Tom Southwick In the absence of the Chair and Vice-chair, a motion was required to select an Acting Chair for the meeting as per the LPRCA Administrative Policies. MOTION A-221/17 moved: R. Chambers seconded: D. Beres THAT in the absence of the Chair and Vice-chair, the LPRCA Board of Directors appoints Mike Columbus as the Acting Chair for its regular Board of Directors meeting on November 1, 2017. CARRIED The LPRCA Acting Chair called the meeting to order at 6:30 pm Wednesday, November 1, 2017 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None DEPUTATIONS None FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers,Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 1 - MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-222/17 moved: R. Geysens seconded: R. Chambers THAT the minutes of the LPRCA Board of Directors Regular Meeting held October 4, 2017 be adopted as circulated. CARRIED REVIEW OF COMMITTEE MINUTES a) Backus Museum Committee— July 13, 2017 No questions or comments MOTION A-223/17 moved: C. Grice seconded: D. Beres THAT the minutes from the Backus Museum Committee meeting of July 13, 2017 be received as information. CARRIED BUSINESS ARISING None DEVELOPMENT APPLICATIONS Prior to entering into a Hearing Board session, a motion was proposed to defer the Hearings. MOTION A-224/17 moved: D. Beres seconded: D. Hayes THAT the LPRCA Board of Directors defers the three Hearings until the Board has had the opportunity to meet and address the letter from Municipal Affairs and Housing. CARRIED d) Staff Approved applications Staff approved 25 applications since the last meeting. LPRCA-178/17, LPRCA-182/17, LPRCA-210/17, LPRCA-211/17, LPRCA-212/17, LPRCA-233/17, LPRCA-234/17, LPRCA-238/17, LPRCA-239/17, LPRCA-242/17, LPRCA-244/17, LPRCA-245/17, LPRCA-252/17, LPRCA-253/17, LPRCA-258/17, LPRCA-260/17, LPRCA-262/17, LPRCA-264/17, LPRCA-267/17, LPRCA-268/17, LPRCA-269/17, LPRCA-270/17, LPRCA-275/17, LPRCA-278/17 and LPRCA-279/17. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 2- Staff noted that LPRCA-258/17 should be Concession 4 Lot 4, and LPRCA-234/17 requires the dredging of an existing channel. MOTION A-225/17 moved: D. Hayes Seconded: C. Grice That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated October 23, 2017 as information. CARRIED a) New applications The Planning Department recommended approval for nine applications. Staff noted that seven of the applications are from the same, newer subdivision. MOTION A-226/17 moved: D. Beres seconded: C. Grice THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report.- A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178106), LPRCA-249117 LPRCA-256117 LPRCA-250117 LPRCA-257117 LPRCA-251117 LPRCA-271117 LPRCA-254117 LPRCA-272117 LPRCA-255117 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA's mandate and related Regulations. CARRIED CORRESPONDENCE No questions or comments MOTION A-227/17 moved: D. Beres seconded: R. Geysens THAT the correspondence outlined in the Board of Director's Agenda of November 1, 2017 be received as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers,Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 3- NEW BUSINESS a) GENERAL MANAGER'S REPORT MOTION A-228/17 moved: D. Hayes seconded: C. Grice THAT the LPRCA Board of Directors receives the General Manager's Report for October 2017 as information. CARRIED b) 3RD QUARTER FINANCIALS Staff gave an overview of the income statement to September 30, 2017 noting that revenues and expenses are tracking well to the budget overall. The capital projects were reviewed, and status updates provided on the various outstanding projects. MOTION A-229/17 moved: D. Hayes seconded: D. Beres THAT the LPRCA Board of Directors receives the Budget Performance Report as at September 30rh, 2017 as information. CARRIED c) TIMBER TENDER— JACQUES TRACT/NORFOLK Two tenders were received at yesterday's deadline. The winning bid was received from Porter Lumber. MOTION A-230/17 moved: R. Geysens seconded: D. Hayes THAT the LPRCA Board of Directors considers the tender received by October 31Sr 2017 for marked standing timber at the Jacques Tract; AND THAT the Board accepts the tender submitted by Porter Lumber for marked standing timber at the Jacques Tract for a total tendered price of$43,200. CARRIED d) HIGH WIND EVENT ON OCTOBER 15, 2017 LPRCA staff received information on Friday that a Colorado low with high winds and high waves was moving into the area. Staff monitored the storm throughout the weekend as the models were predicting high lake levels. A Flood Outlook was issued Saturday at noon and then due to the further increased risk for flooding predicted by the models, the Outlook was upgraded and a Flood Watch was issued Sunday morning. In the end, the wind shifted to the west and no flooding issues were reported. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 4- MOTION A-231/17 moved: D. Hayes seconded: D. Beres THAT the LPRCA Board of Directors receives the October 15th, 2017 High Wind Event Report as information. CARRIED e) 2017 CHRISTMAS OPERATING SCHEDULE Traditionally, LPRCA has closed down operations (except for emergency response) over the Christmas-New Year's period. Staff proposed the same process for 2017. The Board has traditionally granted a complimentary day off with pay for those staff working that time of year and LPRCA staff will be required to bank two (2) 2017 vacation days for this shutdown period or take time off without pay. MOTION A-232/17 moved: D. Hayes seconded: D. Beres THAT the LPRCA Board of Directors closes operations (except for emergency response) from December 25117 to January 1118 inclusive, AND that staff working at that time be granted one complimentary day off with pay; AND that staff be required to utilize two (2) 2017 vacation days during the closure period or take unpaid leave - along with three statutory holidays. CARRIED The Acting Chair adjourned the meeting at 7:20 pm. 1 Mik olumbus Dana McLachlan - Ac Ing Chair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes,John Scholten, Tom Southwick - 5- LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS BUDGET MEETING MINUTES of November 16, 2017 APPROVED with amendments December 6, 2017 Members in attendance: Leroy Bartlett*, Dave Beres*, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt, David Hayes and John Scholten Staff in attendance: C. Evanitski, J. Maxwell, P. Walther-Mabee, L. Minshall, J. Stefek, S. Johnson and D. McLachlan Regrets: Craig Grice and Tom Southwick The Backus Museum Committee Community Members were in attendance for the Backus Heritage and Education Services review. * Joined the meeting in progress The LPRCA Chair called the meeting to order at 9:00 am Thursday, November 16, 2017 in the LPRCA Administration office Boardroom. MOTION A-233/17 moved: J. Scholten seconded: D. Brunton THAT the LPRCA Board of Directors adds a Personal Matter to the closed session agenda. CARRIED MOTION A-234117 moved: D. Hayes seconded: J. Scholten THAT the LPRCA Board of Directors approves the agenda for the Budget Meeting held November 16, 2017 CARRIED DISCLOSURES OF INTEREST None BUDGET GENERAL MANAGER'S REPORT The GM put forward the proposed 2018 budget and noted that for the third year in a row the budget does not draw on reserves. J. Maxwell provided a summary of the 2018 Draft Budget noting that the net increase is 6% which includes a cost-of-living adjustment of 1 .5% and a 1.84 FTE increase. There are full-time and seasonal staff moving through the pay grid in 2018 and the minimum wage is anticipated to increase to $14 per hour as of January 1, 2018. Additional staffing is proposed in the Planning Department and Backus Heritage Village. Deer FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 1 - Creek Conservation Area is planned to have their operating season extended to coincide with the other parks and revenue has been projected to increase accordingly. L. Bartlett arrived 9:25am. WATERSHED PLANNING AND TECHNICAL SERVICES BUDGET Staff has received 313 planning applications to date as compared to 221 in all of 2016. Due to increased activity the Planning and Technical Department requested to hire an additional contract staff person for six months with an extension option if activity levels remain high. Operating costs have increased mainly due to FTE internal reallocation and additional staff. The Planning and Technical fees were increased by approximately 1.5% on average. L. Minshall was directed to review and report back to the Board the fees charged by other conservation authorities for a subdivision plan review and the associated per lot fees, and technical review fees charged for stormwater management studies and proposed facilities. WATERSHED FLOOD CONTROL SERVICES BUDGET The Flood Control Services department includes the Flood Forecasting and Warning System, and the maintenance and operation of dams and weirs. The 2018 budget shows a decrease in operations due to an internal reallocation of staff to better reflect Section 39 requirements of the Conservation Authorities Act. HEALTHY WATERSHED SERVICES BUDGET The majority of the activities/projects in this department are funded through various government programs and private landowners while three are funded through levy. This department also required a FTE reallocation to better reflect Section 39 requirements of the Conservation Authorities Act. COMMUNICATION AND MARKETING SERVICES BUDGET Additional funds have been added for promotional activities and items while graphic design costs have been reduced as that task can now be accomplished in-house. Funds have also been added for a website redevelopment project. BACKUS HERITAGE AND EDUCATION SERVICES BUDGET The Backus budget requires funding through the municipal levy to operate and was seeking a 66% increase to the municipal levy funding it received over the previous year. Sheila Johnson, Curator at the Backus Heritage Village (BHV), reviewed the history of the Village and spoke to the changes required to continue and improve the Village and the various collections contained therein. As per the Board resolution passed in June 2017, the implementation of the BHV Strategic Plan was to be implemented as a one- FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 2- year phase-in. Instead, staff considered a two-year phase-in approach requesting an Assistant Curator for 2018 and in 2019, an extension to the operating season and additional staffing. This would allow staff to meet the requirements to apply for the Community Museum Operating Grant (CMOG) beginning in 2019. The Board requested staff provide an update to the budget to include extending the season for 2018 to adhere to the original resolution. D. Beres arrived at 11:15am. After a short break, staff noted that extending the operating season would require an additional $12,300 in staffing costs. Staff reviewed the plans to update the Education Centre displays and collections with the help of the Lee Brown Marsh Management Committee, an estate donation and possible funding programs to obtain matching funds. MOTION A-235/17 moved: R. Chambers seconded: J. Scholten THAT the LPRCA Board of Directors add$12,257 to the Draft 2018 Budget for a one- year phase-in of the Assistant Curator/student extension recommendation as per the Backus Heritage Village Strategic Plan . CARRIED CONSERVATION PARKS MANAGEMENT SERVICES BUDGET This department encompasses Deer Creek, Haldimand, Norfolk and Waterford North conservation areas and is not supported by municipal levy. The largest increase for 2018 is the proposed minimum wage increase to $14 per hour. Additional staffing costs were added for Deer Creek to extend the camping season to match the other parks but additional revenue has been budgeted to offset the expenses. A focus for 2018 will be increased strategic marketing for the parks. Staff addressed the Haldimand Camper Association's concerns as noted in their deputation from September 2017. Various ideas for upgrading the parks were discussed. The meeting recessed for lunch at noon. The Board reconvened at 12:30pm. CONSERVATION PARKS FEES A cost of living increase was added to the fees of 1.5% on average. Staff responded to questions. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 3- PUBLIC FOREST LAND MANAGEMENT SERVICES BUDGET The current 20-year Forest Management Plan expires in late 2019, The Plan provides the overall direction for an ecosystem-based approach to manage LPRCA's forest tracts. The process for a new Plan will need to begin in 2018 over a two-year period. Two forestry tenders are currently out for bid and a third will go to tender in December if the revenue is required to meet the 2017 budget. Operating costs show a decrease due to internal staff reallocation. PRIVATE FOREST LANDS MANAGEMENT SERVICES BUDGET This department is self-sustaining and is not supported by levy. Staffing levels have been increased due to internal reallocation of staff time. OTHER CONSERVATION AND LAND MANAGEMENT SERVICES BUDGET This department includes all of the LPRCA parkettes within the watershed, the Lee Brown Marsh facility, the Waterford Workshop and the motor pool. Additional funds were added to materials and supplies to repair the footbridge at Hay Creek and to add signage at some of the parkettes. Staffing levels are consistent with the previous year. Staff assessed the feasibility of revitalizing the walking trail at Black Creek CA. The previous trail is overgrown and consists of mainly dead and dying ash trees, therefore, staff recommended to close the walking trail. The GM was directed to review the acquisition history of the Black Creek Conservation Area. CORPORATE SERVICES BUDGET Included in the Corporate Services department are Conservation Ontario fees, ALLIS activities and expenses, and all board expenses. Staffing levels have been reduced due to an internal reallocation of staff time. Board per diems and the Chair's honourarium are proposed to be increased and a new honourarium for the Vice-Chair has been added to the 2018 budget. Board increases will require approval from the Ontario Municipal Board. The rental space at the south end of the administration office is currently vacant and options on filling the space were discussed. CAPITAL PROJECTS SUMMARY The 2018 total for capital spending is budgeted at $691,650 requiring $368,550 from the general levy. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 4- WATERSHED SERVICES CAPITAL PROJECTS Staff provided a detailed plan for the flood control structures to 2023. As per the Audit and Finance Committee recommendation, the budget includes a reserve account specifically for water control infrastructure within the watershed. The Budget meeting recessed for a short break at 2:10pm, at which time D. Beres left the meeting. The Budget meeting reconvened at 2:25pm. Long Point Region Conservation Authority is responsible for providing flood forecasting and warning services to municipal emergency responders and the public. The flood forecasting and warning system is to be upgraded over the next two years. BACKUS HERITAGE AND EDUCATION SERVICES CAPITAL PROJECTS The Backus Village homestead windows require repairs. A volunteer has stepped forward to complete the restoration work. Monies collected through fundraising will be matched by LPRCA to purchase the needed supplies and materials. As per the Backus Heritage Village Strategic Plan, the area is to be renamed the Backhouse Historic Site. New signage within the Park is required for this rebranding. Plans are to continue the hydro upgrades that were started in 2016. Hydro upgrades planned for 13 sites in Area B and E are to be sent to tender in January. CONSERVATION PARKS MANAGEMENT SERVICES CAPITAL PROJECTS A number of options were presented to increase revenues at Deer Creek Conservation Area. The majority agreed to extend the operating season and maximize the existing campground. MOTION A-236/17 moved: L. Bartlett seconded: R. Geysens THAT the LPRCA Board of Directors adopts option 4 for Deer Creek expansion as per the staff report presented November 16, 2017. CARRIED Hydro upgrades will continue at Haldimand Conservation Area for a further 14 campsites. Norfolk Conservation will start hydro upgrades by increasing the available amperage at 12 campsites from 15 amps to 30 amps, plus an electrical panel upgrade. A new water intake and reservoir is to be installed to alleviate some of the water issues experienced recently. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 5- Discussion regarding the Waterford North Conservation Area and its facilities was deferred to the December meeting. OTHER CONSERVATION AND LAND MANAGEMENT CAPITAL PROJECTS Staff requested funds to purchase one new ton pickup truck, one new utility task vehicle (UTV) and one new front mount lawn mower. The UTV will take the place of a truck at Backus with further UTV's to be purchased for the other parks over the coming years. A new truck and the UTV will offset the need to lease any vehicles as in the past. The lawn mower will replace an older model no longer operational. Additional roadside signage is required for Norfolk and Haldimand conservation areas. CORPORATE SERVICES CAPITAL PROJECTS Computer upgrades are required which will be deployed throughout the organization. The parking lots are in need of repair and repaving and will be completed in two phases over two years. The phone system is antiquated requiring upgrades or replacement, and the worn and damaged furniture, as well as, blinds will be assessed and replaced as required. D. Hayes excused himself from the meeting at 3:40pm. J. Scholten took the chair as N. Haydt vacated to raise a motion regarding a fundraising initiative discussed with the Lee Brown Marsh Management Committee. LPRCA received a $50,000 donation for the Backus Education Centre. N. Haydt requested that these funds be used to upgrade the displays at the Education Centre. MOTION A-237/17 moved: N. Haydt seconded: D. Brunton THAT the LPRCA Board of Directors directs staff to develop a fundraising initiative to update displays at the BHCA Education Centre in conjunction with Board members. CARRIED N. Haydt resumed the chair. MOTION A-238/17 moved: J. Scholten seconded: D. Brunton THAT the LPRCA Board of Directors does now enter into a closed session to discuss: ❑ personal matters about an identifiable individual, including Conservation Authority employees ❑ a proposed or pending acquisition or disposition of land by the Conservation Authority CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 6- MOTION A-239/17 moved: M. Columbus seconded: R. Geysens THAT the LPRCA Board of Directors does now adjourn from the closed session. CARRIED MOTION A-240/17 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors receives the GM's confidential report re. Land Disposition and Personnel Matter as information. CARRIED MOTION A-241/17 moved: R. Chambers seconded: M. Columbus THAT the LPRCA Board of Directors approves the following recommendations regarding LPRCA's 2018 Draft Operating and Capital budgets; THAT the 2018 proposed Ontario Regulation 178106 Permit Fees and Planning Act Review Fees as set out in Tab 5 be approved; THAT the 2018 proposed Conservation Area User Fees as set out in Tab 11 be approved; THAT the draft 2018 budget of$4,765,635 with an operating budget of$4,073,985 and a capital budget of$691,650; AND requiring an increase in the general municipal levy of 6.1% or$110,768 overall compared to 2017 be circulated to member municipalities for review and comment; AND FURTHER that staff be directed to present the Draft 2018 Budget to member municipalities where possible. CARRIED The Chair adjourned the meeting at 4:10pm. J i Noel Ha ana K/l 61 ac a Chair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 7- December 6, 2017 Mayor Paul Ens Deputy Mayor Thomas Southwick Ward 1 Councillor Randall Breyer Ward 2 Councillor Wayne Casier Ward 3 Councillor Ed Ketchabaw 56169 Heritage Line Straffordville, On N0J1Y0 Attn: Randy White By Law Enforcement Officer As per our Telephone conversation November 2017 As residents of Bayham since 2004, we have been both aware of and affected by the various hunting seasons designated by the province, most notably deer season. Our property is bordered by the Big Otter Creek, farm land and woods to the south, ravines and woods to the west, residences to the north and Culloden Road to the east. It is located down in a gully and slopes downward with the house sitting in the middle of our 3 acres. We have horses with pasture land to both the north and south of our driveway. Both pastures have woods belonging to other land owners bordering them. Our lower lands bordered by the Creek have manicured and non manicured treed areas beside the southern pasture and we have maintained walking paths through that area where we walk our dogs several times in a day. This time of year is very stressful. Even though this year we found skinned squirrels on the lower lands, where no one was given permission to hunt, that is not our most pressing concern. It is not the issue of hunters engaged in unauthorized hunting, but much more about personal safety in regard to the discharging of firearms specifically in the direction of our residence and chattels. This year as in every year since at least 2007 (the year we acquired horses), we do not allow our dogs or grandchildren to use those lands down below in any way during hunting season. Nor do we have the horses out of the barn for the entire duration of the season. We pay a tax for our property and yet are hostage to the use of only the barn, dwelling and driveway because of the lack of safety on our land. Game hunting should not be carried out so close to rural residences that voices can be heard. I am not talking the sound of gunfire; I mean their conversation is within earshot. I can stand in my doorway and see and hear the hunters AT the creek bordering our property. Keep in mind my southern horse pasture is only about 50 feet from the creek. Also note the deer are between the hunters and my property(the edge of the creek)meaning they are discharging firearms in the direction of my home which is also in the direction of where my horses are grazing and in the direction of where I walk my dogs on my land. I feel the people of Bayham, including those in agricultural residential areas have a right to an environment free from gunfire and arrows on or near their property lines. They should never have to fear the discharge of guns or bows in a direction which degrades the quality and tranquility of their life. There is a constant fear throughout the season that a projectile can cause nuisance or injury to the people, companion animals or livestock within their property lines. Residents, their livestock and/or companion animals should be able to have full use of their property during any season. I feel the discharge of a firearm or bow in the immediate direction of rural occupancy should be considered unlawful in order to provide protection of the municipality's residents and their chattels. I firmly believe more than just a distance from a dwelling needs to be considered. As we all know, deer rifles have a very long effective killing range and are completely indiscriminate in what they hit. Non hunters know not to venture into hunting territories during a season. They should not have to restrict their use of their own property due to safety fears. I hope and trust that the council will give serious consideration to this issue. Regards, Caron and Jim Wiedrick 9019 Culloden Road Eden, Ontario NOJ 1H0 REPORT cao 0l'tunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: December 21, 2017 REPORT: CAO-80/17 SUBJECT: LIFESAVING SOCIETY— BLUE FLAG BEACH AUDIT BACKGROUND: On September 7, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-56/17 re Port Burwell Blue Flag Beach Assessment be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham accept the recommendations within the Environmental Defence, Blue Flag Program Feasibility Report; AND THAT Council provide staff direction to retain the Lifesaving Society to complete an aquatic safety audit of the Port Burwell East Beach; AND THAT staff report back to Council following the completion of the aquatic safety audit for further direction. DISCUSSION The Lifesaving Society Safety Audit is attached hereto as Appendix 'A'. The Lifesaving Society's Aquatic Safety Audit report outlines the following requirements: Please be advised the costings are estimates provided by staff and the same are subject to formal procurement processes where required. Primary Recommendations: 1) Create & Install Beach Regulatory Signage - $3,000 2) Provide Immediate Access to EMS Services - $2,000 3) Install Lifesaving Stations on the Pier (3) - $2,250 4) Designate a Safe Swimming Area (5) - $3,500 5) Identify `No Swimming Areas' - $1,000 6) Identify the Edge of the Pier - $1,000 7) Provide a Means to Exit the Water Onto the Pier (3) - $3,000 8) Provide Emergency & Operational Procedures — Staff Time Secondary Recommendations 1) Provide Lifesaving Station Rescue Equipment Inspection Logs — Staff Time 2) Repair Picnic Tables — Operational Budget 3) Relocate Station 'A' — Staff Time Total Estimated LifeSaving Society Audit Capital Costs: $15,750 Prior to the Lifesaving Society Safety Audit, Environmental Defence conducted a feasibility study to outline potential costs in making application for the Blue Flag designation as follows: 1) Form a Beach Management Committee The Harbourfront Committee does not have a quorum of members. The Committee could have a name change and a new terms of reference drafted with requests for members of LPRCA and the Otter Valley Naturalists to join the Committee to satisfy this requirement during the 2018-2022 term of Council. 2) Install covered recycling bins on the beach Appropriately sized Public Space Recycling Receptacles could be placed on the beach. These would be similar to the Public Space Recycling Receptacles placed throughout the Municipality. This would require a capital allocation in an amount $8,000. 3) Commit to installing a Blue Flag information board upon receipt of the Blue Flag award Flagpoles and Boards would have an approximate cost of$10,000. 4) Sample for enteroccoci/fecal strep at least five (5) times per season in addition to weekly E.coli tests Additional Sampling may cost approximately$500/year Total Estimated Environmental Defence Feasibility Assessment Capital Costs: $18,000 The potential Blue Flag Beach program annual operating cost impact is estimated at $1,500- $2,500. The Waste Management Reserve currently has approximately $75,000 within the same. As outlined within Report CAO 47/17 re Implementation of the Waste Diversion Transition Act, 2016 and the Ministry of the Environmental & Climate Change Strategy for a Waste-Free Ontario: Building the Circular Economy, the waste regime in Ontario is significantly changing and it is more cost beneficial for the Municipality to focus on recycling moving forward as said costs will be fully borne by the `Producers'. This regulatory shift and the opportunity to utilize the St. Thomas transfer station in the future, should Council determine use of the same is warranted, provide an opportunity for the Waste Management reserve to be repurposed, if it is the will of Council. The Treasurer has reviewed the financial recommendations within this report and concurs with the same. The 2018 Blue Flag Beach Program application is due prior to January 12, 2018. RECOMMENDATION 1. THAT Report CAO-80/17 re Lifesaving Society— Blue Flag Beach Audit be received for information; 2. AND THAT Council direct staff to utilize Waste Management funds to comply with the recommendations made within the Lifesaving Society Safety Audit dated November 22, 2017; 3. AND THAT Council direct staff to utilize Waste Management funds to complete the requirements outlined within the Environmental Defence Blue Flag Beach Feasibility Study; 4. AND THAT staff be directed to make application to the Blue Flag Beach Program prior to January 12, 2018. Respectfully Submitted by: Paul Shipway CAOIClerk !!00 LIFESAVING SOCIETY The Lifeguarding Experts COMPREHENSIVE AQUATIC SAFETY AUDIT REPORT Port Burwell, (Ontario) File: ON-091713urwell CLIENT Port Burwell Municipal East Beach 1 Robinson Street Port Burwell, ON NOJ 1 TO LIFESAVING SOCIETY 400 Consumers Road Toronto, Ontario M2J 1 P8 (416) 490-8844 Done: November 22, 2017 TABLE OF CONTENTS SummaryFindings........................................................................................................................................................3 AQUATICFACILITY.................................................................................................................................................5 LIFESAVING SOCIETY—Comprehensive Aquatic Safety Audit Report—Port Burwell Municipal East Beach 2 Summary Findings Introduction-Summary General statements Aquatic Safety Audit On September 11, 2017, the Municipality of Bayham retained the Lifesaving Society to undertake a comprehensive aquatic safety audit of their beach operations. An initial meeting was held with Mr. Paul Shipway for the Municipality of Bayham and Mr. Michael Shane, Safety Management Director- Lifesaving Society. It was agreed that the purpose of the aquatic audit was to maximize the safety of participants at the East Beach location. The safety audit would identify what steps might be taken to minimize the risk of drowning or serious water-related injuries. It was agreed that the scope of the safety audit would include discussions with management in addition to an evaluation of the beach. This evaluation would report only on those items that require attention. It would not address aspects that were satisfactory or exceptional. Aquatic Safety Audit Process Personnel The Lifesaving Society appointed Michael Shane as Aquatic Safety Management Services - Chief Auditor. Michael has extensive experience in municipal aquatic and beach management. The Lifesaving Society also appointed the following Aquatic Safety Auditors: Mr. Scott Ruddle and Ms. Conny Smith. All of the individuals appointed have extensive experience in aquatic facility operations. The Municipality of Bayham appointed Mr. Paul Shipway as the primary contact for the safety audit team. Audit Components The audit team followed a process that included: On-site safety inspection of the beach and pier Interviews with management staff within the organization. Completion of a final report. Facility Safety Inspections The safety audit team completed its inspection of the beach on October 4 and November 10, 2017. In their detailed inspection, the auditors examined the beach applying criteria developed by the Lifesaving Society from sources that included: Government of Ontario statutes Recommendations from coroners' inquests. Lifesaving Society standards concerning the operation of public waterfronts. Lifesaving Society research into drownings in swimming pools. Other relevant government regulations and acts. As part of the inspections, staff members designated on the inspection day as the facility representative were questioned regarding specific facility operations, staff training, staff certifications and other general topics. If Priority Concerns were identified, they were discussed with the designated facility representative immediately following the facility inspection. In addition a Priority Report form was given to this representative. LIFESAVING SOCIETY—Comprehensive Aquatic Safety Audit Report—Port Burwell Municipal East Beach 3 Staff Interviews Following the facility inspections, the safety audit team conducted interviews with employees representing various relevant functions. The interviews were designed to gather the views of staff on the City's aquatic operation. The members of the audit team asked questions of each interviewee, after which staff were invited to share additional thoughts with assurances that specific comments would be unattributed. Summary Findings We direct your attention to the following concerns and recommendations. The Lifesaving Society's aquatic safety audit reports Priority Concerns, Primary and Secondary Recommendations. Primary Recommendations } Primary Recommendations r� Primary Recommendations The Society's aquatic safety audit presents eight(8)Primary Recommendations. Primary Recommendations address situations in contravention of a relevant Province of Ontario statute or the Lifesaving Society's position on what constitutes reasonable safe practices. Primary Recommendations should receive focused attention by facility management. P on city Concerns Priority Concerns Priority Concerns The Society's aquatic safety audit revealed zero (0)problems to warrant Priority Concern status. Priority Concerns represent major safety risks to the public and merit immediate action. The Lifesaving Society alerts aquatic facility operators to Priority Concerns at the time of the beach inspection. Secondary Recommendations Secondary Recommendations Secondary Recommendations The Society's aquatic safety audit presents three (3) Secondary Recommendations are designed to enhance the safe use of the beach. Action on Secondary Recommendations can proceed within the facilities ongoing operations. LIFESAVING SOCIETY—Comprehensive Aquatic Safety Audit Report—Port Burwell Municipal East Beach 4 AQUATIC FACILITY Facility-Waterfront Unsupervised Primary Recommendations Create and install beach signage. It is recommended that a beach sign plan be created and installed to ensure a consistent message and should adhere to the content outlined in the Lifesaving Society Waterfront Safety Guidelines, and signs installed in strategic locations to ensure that it can be seen and read by the majority of patrons. Beach Information signage Information signs should be posted at entrances and exits, or where there are not specific entrances and exits, at reasonable intervals along/near the swimming area. Ideograms are an excellent means to communicate messages to the public. Examples of such ideograms are appended to this report. These information signs should indicate: - Swimming area is not supervised; children require direct supervision by parents or adults. - Waterfront conditions (depth, bottom, etc.) may change. - Location of telephone for emergency use (or other communication device), - Location of nearest first aid station. - Diving can result in serious injury or death; patrons are cautioned against diving, or to perform only foot first entries in areas unsafe for diving or where uncertain of water depth. - Hours of operation are identified where applicable - Beach safety rules such as "No Dogs", "No Fires", "No Glass" etc. - Name and address of facility and operated by: - Report any site deficiencies to: This information sign should also include a map of beach area, locations of safety equipment, emergency telephone, designated swimming area, flag protocols,beach rules and the hazard areas (rip current location(s). beach access points, washroom location. It is also recommended that staff and appropriate authorities review signage bylaws to ensure that signage includes correct language to allow enforcement on beach bylaws and fines for Lifesaving equipment removed from the beach. Many municipalities across Ontario post the actual bylaw number on the signage to allow for enforcement. This will ensure that appropriate information is communicated to beach patrons. Since signage is often removed from the beach area, staff should investigate ways of making signage permanent and inaccessible. Primary Recommendations Provide immediate access to EMS services. When an emergency occurs immediate access to EMS services will enhance victim care. A communication plan should be developed and implemented so that bathers will have access to these services when an emergency occurs. Possible solutions include: a payphone installed at the beach washroom, directions to a nearest payphone, or a direct telephone line that connects to EMS. LIFESAVING SOCIETY—Comprehensive Aquatic Safety Audit Report—Port Burwell Municipal East Beach 5 Primary Recommendations Install lifesaving stations on the pier. At the time of the audit, no lifesaving stations were provided on the pier. There is a need for these stations to be installed to ensure the public has access to rescue equipment to assist in a water emergency, without having to enter the water or to provide safety separation from the victim if they do enter the water. The recommended installation locations are depicted in Appendix 1. Equipment located at each rescue station should include: A reaching pole of at least 3m in length. A buoyant throwing aid attached to a 6mm line at least 8m in length. Appropriate signage as dictated by the Lifesaving Society Waterfront Safety Guidelines. Signage that indicates the purpose of the equipment and warns of misuse and consequences should also be installed on each station. e : a f ' LIFESAVING SOCIETY—Comprehensive Aquatic Safety Audit Report—Port Burwell Municipal East Beach 6 Primary Recommendations Designate a safe swimming area. The swimming area and beach intended for use by patrons should be clearly designated through signs and buoy markers. This area should be at least 75 in away from the pier as to reduce bather entrapment in rip currents. The designated beach area can be identified through signage, flags or some combination. The designated swim area can be designated with swim buoys. These are typically white with Swim Area and reflective tape. These buoys should confirm to the CGC Regulations. These in water markers should be no more than 150 in apart. By designating the swimming area with these buoys,boaters and the public in the area will be aware of the swimming area. sample buoy Primary Recommendations Identify no swimming areas. Steps should be taken to conduct regular inspections of the swimming areas and identify any in water hazards to bathers and boaters. Once identified, these should be evaluated and steps taken to warn, minimize or remove them from the area. It has been noted that rip currents develop in this beach area particularly adjacent the pier. A public education campaign should be created and launched each season to warn beach goers of this hazard and the steps they should follow if caught in a rip current. Signage on the beach should also be provided educating and warning bathers of this hazard. Areas of the beach prone to rip currents - along the eastern side of the pier - should not be included in the designated swimming area and signage should be installed warning bathers of this hazard. LIFESAVING SOCIETY—Comprehensive Aquatic Safety Audit Report—Port Burwell Municipal East Beach 7 Rip Current Safety To.ecapea np punpntsrimpaMEal Wtha eMra. Rip Cunm�hrym a.r�ean..v.reo.e..e.a.rcpi.y.heaa�..9. wwssw�ra�..ea,a�a.cwmt.an e.a n. C�rt,ENC+''.1�iNl r a�ro�aa `uw Secondary Recommendations Provide lifesaving station rescue equipment inspection logs. Lifesaving stations equipment should be inspected on a regular basis to ensure it is ready for use by bathers in an emergency situation. A log should be maintained of these checks and filed by the owner for at least one year. Primary Recommendations Identify the edge of the pier. To identify the edge and prevent people from walking too closely or falling off into the water steps should be taken to warn or educate patrons in these areas. Require edge of pier identified LIFESAVING SOCIETY—Comprehensive Aquatic Safety Audit Report—Port Burwell Municipal East Beach 8 Secondary Recommendations Repair picnic tables. Some of the seats on the picnic tables were broken or cracked. These should be repaired or replaced before the next season begins to prevent injuriies to bathers using the tables. y r ti Qe Primary Recommendations Provide a means to exit the water onto the pier. Patrons may find themselves in the water on either side of the pier. To enable patrons to safely exit the water, ladders should be installed on both sides of the pier. Ideally this would be at the end of the pier and at one other ladder along each side of the pier. Primary Recommendations Provide emergency and operational procedures. The staff on site should have information available and be trained in any emergency or operational procedures that are required to ensure patron safety. Staff should have a basic understanding of what to do when an emergency occurs. These procedures should be posted in staff areas or provided to staff in written form. Secondary Recommendations Relocate Station A. Station A should be relocated to the west of its current location. This would place it more central to the furthest section of the smaller east beach section. By doing this it would be more readily accessible to the public in this area of the beach when an emergency occurs. LIFESAVING SOCIETY—Comprehensive Aquatic Safety Audit Report—Port Burwell Municipal East Beach 9 relocate further westward of current location LIFESAVING SOCIETY—Comprehensive Aquatic Safety Audit Report—Port Burwell Municipal East Beach 10 REPORT cao 0l'tunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: December 21, 2017 REPORT: CAO-81/17 SUBJECT: CAPITAL ITEM PW-5 SPRINGER HILL RD. BACKGROUND: The 2018-2027 Approved in Principle Capital Budget contains Capital Item PW-5 Springer Hill Rd - $375,000. The project includes multiple components including granular upgrades, culvert replacement, culvert sliplining, ditching and surface treatment. DISCUSSION Staff sought quotes from Sliplining Contractors for the following works on Springer Hill Road: 1) Existing 36" CSP (1.1 km N of Glen Colin) Proposed 27" ID Streamliner OD = 30.5" Complete with concrete headwalls and annular void filled with cellular grout 2) Existing 60" CSP (Just N of Glen Colin) Proposed 25m of 48" ID Streamliner OD= 54.9" Complete with concrete headwalls and annular void filled with cellular grout Sliplining is a method for trenchless rehabilitation of existing culverts. Sliplining is used to repair leaks, restore structural stability or extend the life of an existing culvert. Sliplining is completed by installing a smaller, `carrier pipe' into a larger `host pipe', grouting the annular space between the two pipes, and sealing the ends. The quotes for the works are as follows: Vendor Bid Van Gorp Farm Drainage $40,603+HST Gary D. Robinson Contracting Ltd. $23,250+HST Elgin County utilizes Gary D. Robinson Contracting Ltd. for culvert sliplining and has positive experience with the workmanship of the same. Awarding these works early will permit the sliplining works to be conducted early in 2018 prior to additional Springer Hill Rd related capital works. Additionally, the Municipality requires various culverts for replacement on Springer Hill Rd. The quotes for the materials are as follows: Pipe Size Union Pipe Armtec Reid`s Precast 375 mm Boss 2000 $5,153.28 $4,968.96 $5,322.24 8 metres x 16 600 mm Boss 2000 $8,064.90 $7,188.30 $6,801.30 18 metres x 5 RECOMMENDATION 1. THAT Report CAO-81/17 re Capital Item PW-5 —Springer Hill Rd. be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a By-law to enter into an Agreement with Gary D. Robinson Contracting Ltd. for the provision of culvert sliplining in the amount of$23,250+HST for Council consideration. 3. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to procure culvert materials from Armtec in the amount of$4,968.96+HST and Reid's Precast in the amount of$6,801.30+HST for Springer Hill Road Capital works. Respectfully Submitted by: Paul Shipway CAOICIerk REPORT CAO �rtunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: December 21, 2017 REPORT: CAO-82/17 SUBJECT: COUNCIL CODE OF CONDUCT BACKGROUND: On October 16, 2014 the Council of the Corporation of the Municipality of Bayham passed By- law No. 2014-103, being a by-law to establish Rules of Procedure and a Council Code of Conduct. On July 20, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-46/17 re Bill 68, Modernizing Ontario's Municipal Legislation Act be received for information; THAT staff be directed to bring forward amended policies for Council consideration to proactively comply with the provisions of Bill 68 Modernizing Ontario's Municipal Legislation Act; AND THAT staff be directed to request Elgin County to coordinate a meeting of all Elgin County CAO's to develop a process, for Council consideration, to appoint a joint Closed Meeting Investigator and Integrity Commissioner pursuant to Bill 68 requirements for all Elgin County Municipalities. On October 17, 2017 the Council of Elgin County passed the following resolution: THAT Elgin County Council support and endorse the joint Request for Proposal with the County of Middlesex for the services of Integrity Commissioner, Closed Meeting Investigator and Municipal Ombudsman; and, THAT the Chief Administrative Officer be authorized and directed to participate in the shortlisting and selection process and to sign the necessary Memorandum of Understanding, once reviewed by the County Solicitor, with Middlesex County to affect the RFP process; and, THAT the results of the RFP be reported back to Elgin County Council once complete. On November 14, 2017 the Council of Elgin County passed the following resolution: THAT Elgin County Council approve the Code of Conduct for Members of County Council and Council's Local Boards and Committee Members; and, THAT the appropriate By-Law be prepared. On November 28, 2017 the Council of Elgin County passed By-law No. 17-39 being a By-law to adopt a County Council code of Conduct. On December 14, 2017 the Council of Elgin County passed By-law No. 17-42 being a By-law to appoint Independent Resolutions Incorporated as the Integrity Commissioner, Closed Meeting Investigator & Ombudsman for the County of Elgin pursuant to Sections 8, 9, 10, 11, 223.3, 223.13 & 239.2 of the Municipal Act, 2001, S.O. 2001, C.25, as amended. DISCUSSION The Municipality of Bayham has had a Code of Conduct in place, since October 16, 2014. During that time period no formal investigations have been conducted. As previously noted by staff, Elgin County currently provides Closed Meeting Investigator and Integrity Commissioner Services through an agreement with Mr. John Maddox. Staff respectfully recommended that Elgin County Municipalities formulate a process to appoint a joint Closed Meeting Investigator and Integrity Commissioner pursuant to Bill 68 requirements for Council consideration. During that process Elgin County partnered with Middlesex County to formulate a standardized Code of Conduct for procurement, training and enforcement efficiencies. Although not mandatory for lower-tiers, including Bayham, to adopt the specific version of the County Code of Conduct, as a result of potential cost savings versus a stand- alone Code of Conduct staff recommend Council adopt the County Code of Conduct attached hereto as Appendix W. Staff have made the following alterations to the County Code of Conduct: 1) Changed all references from Elgin County to the Municipality of Bayham 2) Added Section 8.1 and 8.2 to the Code of conduct and subsequently renumbering previous Sections 8.1 to 8.7 as Sections 8.3 to 8.9. Section 8.1 and 8.2 incorporate statements from the previous Code outlining the employee obligation to recognize that members of Council have been duly elected to serve the residents of Bayham and respect the role of Council in directing the actions of the Municipality. 3) Section 12.1 Use of Corporate Resources. Added reference to the specific Municipality of Bayham policy. 4) Section 18.2 policy reference was changed to specific Municipality of Bayham policies versus Elgin County policies. Although the County has appointed a contractor for Integrity Commissioner, Closed Meeting Investigator and Ombudsman services, staff would respectfully recommend remaining with the Ontario Ombudsman for Ombudsman services as no municipal cost is involved with the same and to date the process has functioned seamlessly for all parties as there is little grey area in the specific role. RECOMMENDATION 1. THAT Report CAO-82/17 re Council Code of Conduct be received for information; 2. AND THAT Council direct staff to bring forward a by-law for Council consideration to adopt a Council Code of Conduct. 3. AND THAT Council direct staff to bring forward a by-law for Council consideration to appoint a Closed Meeting Investigator and Integrity Commissioner. Respectfully Submitted by: Paul Shipway CAOICIerk -g,AYHA�? l'tunity is�o�► y CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Table of Contents PART 1: PREAMBLE: ................................................................................................................. 3 PART 2: DEFINITIONS............................................................................................................... 3 PART 3: APPLICATION.............................................................................................................. 4 PART 4: PURPOSE.................................................................................................................... 4 PART 5: GENERAL DUTIES ...................................................................................................... 5 PART 6: CONFLICT OF INTEREST........................................................................................... 5 PART 7: GIFTS AND PARTICIPATION AT EVENTS.................................................................. 6 PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS & MUNICIPAL STAFF......... 8 PART 9: IMPROPER USE OF INFLUENCE ............................................................................... 8 PART 10: CONFIDENTIAL INFORMATION................................................................................ 9 PART 11: COMMUNICATIONS AND MEDIA RELATIONS......................................................... 9 PART 12: MUNICIPAL ELECTION CAMPAIGNS ..................................................................... 10 PART 13: CONDUCT OF FORMER MEMBERS....................................................................... 10 PART 14: USE OF MUNICIPAL PROPERTY............................................................................ 10 PART 15: NEPOTISM............................................................................................................... 11 PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER................................................. 11 PART 17: REPRISALS ............................................................................................................. 11 PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS:...................................... 12 18.1 REQUIREMENTS................................................................................................ 12 18.2 MUNICIPAL POLICIES........................................................................... 12 PART 19: COMPLIANCE /ACCOUNTABILITY / ENFORCEMENT .......................................... 12 PART 20: OTHER COMPLAINCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO THE INTEGRITY COMMISSIONER............................................................................. 15 PART 21: JUDICIAL INVESTIGATION ..................................................................................... 16 PART 22: SUMMARY ............................................................................................................... 18 COUNCILLOR ACKNOWLEDGEMENT................................................................................. 19 Appendix A................................................................................ Error! Bookmark not defined. AppendixB............................................................................................................................. 21 AppendixC............................................................................................................................. 23 Appendix D................................................................................ Error! Bookmark not defined. Page 12 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PART 1: PREAMBLE Members have important obligations and responsibilities to those they represent, service and interact with in connection with carrying out the roles and duties attending a Member's office. The purpose and intent of this Code of Conduct is as follows: (i) To establish guidelines for ethical conduct required of Members; (ii) To establish guidelines to encourage and ensure interpersonal conduct, communications and interactions consistent with legal requirements (i.e. Occupational Health and Safety Act, Ontario Human Rights Code); and (iii) To provide mechanisms to ensure accountability and compliance with the required ethical and interpersonal conduct standards of this Code of Conduct. PART 2: DEFINITIONS 2.1 "Censure" means an official expression of disapproval or condemnation. 2.2 "Clerk" shall mean the Clerk of the Municipality of Bayham. 2.3 "Closed Meeting" shall mean a meeting or part of a meeting of Council not open to the public in accordance with the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended. 2.4 "Committee" shall mean an Advisory Board or Committee established by Council. 2.5 "Complaint" shall mean an alleged violation of this Code. 2.6 "Confidential Information" includes information in the possession of the Municipality that the Municipality is prohibited from disclosing under the Municipal Freedom of Information and Protection of Privacy Act, the Personal Health Information Protection Act, 2004 and other applicable legislation. Confidential Information also means any information that is of a personal nature to Municipal employees or clients or information that is not available to the public and that, if disclosed, could result in loss or damage to the Municipality or could give the person to whom it is disclosed an advantage. Confidential Information includes items disclosed or discussed at closed sessions of Council and Committee meetings. 2.7 "Council" shall mean the elected officials who constitute municipal council for the Corporation of the Municipality of Bayham. 2.8 "Employee" shall mean a person employed by the Municipality, including those employed on personal service contracts and volunteers, but does not include members of Council. 2.9 "Gift" includes any cash or monetary equivalent fee, object of value, service, forbearance, preferential treatment or personal benefit received from a third party. 2.10 "Good Faith" shall mean accordance with standards of honesty, trust and sincerity as practiced and understood within the Municipality of Bayham. Page 3 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 2.11 "Integrity Commissioner" shall mean a person appointed by Council to provide independent and consistent complaint investigation and resolution respecting the application of the Code of Conduct. 2.12 "Immediate Relative" shall mean a parent, child, sister, brother, sister-in-law, brother-in- law, father-in-law, mother-in-law, as well as step-relationships. 2.13 "Lobby" or "lobby" shall mean to communicate with a member outside of a public process about matters of interest or benefit to the lobbyist and their client business organization. Communication may be about a bylaw or resolution on any matter that requires a decision by Council, a local board, or delegated decision-maker and includes matters regarding policies or programs, the purchase of goods and services and the awarding of contracts, applications for a service grant, planning approval, or other licence. 2.14 "Media" includes any entity such as radio, television, newspaper, magazine, websites, blogs, social media, twitter feeds or other vehicles for the public dissemination of information. 2.15 "Member" means any member of Council, and includes the Mayor and any member of the public appointed to a committee or advisory board. 2.16 "Meeting" shall mean any regular, special or other meeting of Council. 2.17 "Pecuniary Interest" shall mean an interest that has a direct or indirect financial impact or as defined under the Municipal Conflict of Interest Act, as amended. 2.18 "Spouse" shall mean the person to whom a Member is married or with whom the Member is living in a conjugal relationship. PART 3: APPLICATION 3.1 This Code of Conduct applies to the Mayor, Deputy Mayor and all Members of Council and members of the public appointed to committees and advisory boards. PART 4: PURPOSE 4.1 A Member's conduct and behavior in terms of ethics and interpersonal conduct and communications are regulated by legislative acts including but not limited to: a) Criminal Code of Canada; b) Human Rights Code; c) Municipal Act, 2001; d) Municipal Conflict of Interest Act; e) Municipal Freedom of Information and Protection of Privacy Act; f) Municipal Elections Act, 1996; g) Personal Health Information Protection Act, 2004; h) The Public Inquiry Act, and, i) The Occupational Health and Safety Act. Page 4 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PART 5: GENERAL DUTIES 5.1 It shall be the duty of all Members to abide by all applicable legislation, policies and procedures pertaining to their position as a Member. 5.2 Members shall at all times serve and be seen to serve their constituents in a conscientious and diligent manner. 5.3 Members will conduct their dealings with each other in ways that maintain public confidence in the position to which they have been elected or appointed. 5.4 Members will be open and honest, focus on issues rather than personalities, and avoid aggressive, offensive or abusive conduct. 5.5 Members shall accurately and adequately communicate the attitudes and decisions of the Council even if they disagree with Council's decision, such that respect for the decision making processes of Council is fostered. 5.6 Members shall conduct themselves at all Council and Committee Meetings with decorum, in accordance with the Municipality of Bayham Procedural By-law. 5.7 In accordance with the Municipal Act, 2001 and the Municipal Conflict of Interest Act, every Member shall exercise his or her power and discharge his or her official duties in accordance with the following guiding principles: a) Seek to advance the common good of the Municipality of Bayham; b) Exercise care, diligence and skill that a reasonably prudent person would exercise in similar circumstances; c) Exercise his or her powers only for the purposes for which they were intended; and, d) Truly, faithfully and impartially exercise his or her office to the best of his or her knowledge and ability. PART 6: CONFLICT OF INTEREST 6.1 Members have strict obligations to avoid conflicts of interest by taking the following steps whenever a member has a direct or indirect pecuniary interest in any matter that is before Council in a meeting where the member is present: (i) disclose the general nature of the member's interest, pursuant to the Municipality of Bayham Procedural By-law, prior to any consideration of the matter in the meeting; (ii) refrain from participating in the discussion of the matter or in any vote on the matter; and, (iii) refrain from attempting to influence the voting on the matter or question, before, during or after the meeting. 6.2 All members have important ethical and statutory obligations to adhere to the steps outlined above to ensure avoidance of any conflict of interest in connection with carrying out the obligations of the Member's office. Page 5 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 6.3 Each Member must declare the conflict of interest and general nature thereof verbally at the beginning of each meeting and provide the Clerk with the signed declaration in accordance with Appendix D attached. 6.4 While the Integrity Commissioner may provide general interpretation of the Municipal Conflict of Interest Act (MCIA), it is expected that members seek independent legal advice on a specific question of individual compliance with the MCIA. 6.5 Members shall be responsible for ensuring that they are familiar with the Municipal Conflict of Interest Act. If, upon review by the Integrity Commissioner, a complaint is deemed to be a matter covered by the Municipal Conflict of Interest Act, the Integrity Commissioner shall advise the complainant, with an explanation, in writing, and an investigation may be conducted in accordance with powers and duties of integrity commissioner. PART 7: GIFTS AND PARTICIPATION AT EVENTS 7.1 No Member shall solicit or accept any gift or accept or receive a fee, advance, cash or personal benefit that is directly or indirectly connected with the performance of his or her duties of office. For the purposes of this provision any gift provided to a Member's child, parent or spouse with the Member's knowledge shall be deemed to be a gift accepted by that Member; 7.2 The Municipality recognizes that moderate hospitality and participation in charitable non- profit fundraising and business events is an accepted facet of community participation and business relationships. Accordingly, the following types of gifts are recognized as exceptions to the prohibition in Section 7.1: a) gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibilities of office; b) token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee for speaking at an event or representing the Municipality at an event; c) food and beverages consumed at lunches, dinners, charity fundraisers, banquets receptions, ceremonies or similar events if the Member's attendance serves a legitimate municipal purpose; d) communications to the offices of a Member including subscriptions to newspapers and periodicals; e) compensation authorized by law; f) political contributions that are offered accepted and reported in accordance with applicable law; g) services provided without compensation by persons volunteering their time; h) gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies, cultural events, sporting events, business galas, political events and similar events if the Member's attendance serves a legitimate municipal purpose; i) reasonable payment for participation in or organizing any reception, dinner, gala, golf tournament, or similar event to support charitable causes or a political fundraising event and food, lodging, transportation or entertainment from a not for profit non-government organization; Page 6 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 7.3 Within 30 days of receipt of any gift described in Section 7.2, Members shall file a disclosure statement, in accordance with the format set forth in Appendix `A', with the Integrity Commissioner for any gift that exceeds $200 in value. If the value of any gift described in Section 7.2 exceeds $500 or if the total value of such gifts received from any one source during one calendar year exceeds $1,000 the Member shall file a disclosure statement with the Integrity Commissioner within 30 days of the receipt of the gift. Every disclosure statement shall indicate: (i) the nature of the gift; (ii) its source and date of receipt; (iii) the circumstances under which it was received; and (iv) its estimated value. 7.4 Every disclosure statement to the Integrity Commissioner and as anticipated in 7.3 above shall be a matter of public record. 7.5 The Integrity Commissioner shall report to Council annually on all gifts received by Members that are disclosed in accordance with Section 7.2. 7.6 The Integrity Commissioner shall examine every disclosure statement filed with him or her to ascertain whether the receipt of the gift might in her or his opinion create a conflict between a private interest and the public duties of the Member. 7.7 If the Integrity Commissioner makes a preliminary determination of a conflict the Member shall be asked to justify receipt of the gift. 7.8 If the Integrity Commissioner determines that receipt of the gift was prohibited he or she shall report the findings to Council. Page 7 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS & MUNICIPAL STAFF 8.1 Mutual respect and cooperation are required to achieve the Council's corporate goals and implement the Council's strategic priorities through the work of staff. 8.2 Employees have an obligation to recognize that members of Council have been duly elected to serve the residents of Bayham and respect the role of Council in directing the actions of the Municipality. 8.3 Members have a duty to treat members of the public, each other and staff with respect and dignity and without abuse, bullying or intimidation; 8.4 Members have a duty to ensure that the Municipality's work environment is safe and free from discrimination and harassment; 8.5 Members are to recognize that Employees serve Council and work for the municipal corporation under the direction of the CAOICIerk. Council directs Employees through its decisions as recorded in the minutes and resolutions of Council. The role of Employees is to provide advice and services that are based on political neutrality, objectivity and professional judgment which may not necessarily reflect the opinion or position of any single Member. Members have no individual capacity to direct Employees to perform specific functions. 8.6 Inquiries of Employees from Members should be directed to the CAOICIerk. 8.7 No Member shall compel Employees to engage in partisan political activities or be subjected to threats, discipline or discrimination for refusing to engage in any such activity. 8.8 Members shall show respect for the professional capacities of Municipal Employees. Some Employees have professional credentials which create separate legal and ethical obligations for those Employees. Members shall refrain from any conduct which may deter, interfere or unduly influence Employees in such a manner as to result in them violating their professional legal or ethical obligations. 8.9 Certain Employees hold positions within the administration of justice. Members shall refrain from making requests or statements or otherwise taking action which may be construed as an attempt to influence the independence of staff working within the administration of justice. PART 9: IMPROPER USE OF INFLUENCE 9.1 No Member shall use his or her office to seek to influence any decision made or to be made by Council to the Member's private advantage or to the advantage of another person. Page 18 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9.2 No Member shall use his or her office to seek to influence or interfere with the administration or enforcement of the Municipality's regulatory By-laws or other laws enforced by the Municipality. Notwithstanding the foregoing, it is recognized that Members of Council may in good faith raise the concerns of residents with Municipal Employees for the purpose of determining if those concerns can be resolved having due regard for the public interest in fair and impartial By-law enforcement. 9.3 All applicants for Municipal positions shall have an equal opportunity to obtain such employment. No Member shall use his or her office to seek to inappropriately influence the hiring of specific individuals for any position within the Municipality. 9.4 Nothing in this Section prohibits a Member from providing a reference for an applicant for any position within the Municipality, or offering his or her opinions and voting on any decision to hire a CAOICIerk. 9.5 No Member shall support any cause or third party using the Municipality's corporate logo or the Municipal letterhead in any communication intended to solicit funds without a vote or resolution of Council. PART 10: CONFIDENTIAL INFORMATION 10.1 Members shall hold in strict confidence all Confidential Information concerning matters dealt with in-camera. No Member shall release, make public or in any way divulge any such Confidential Information or any aspect of the in-camera deliberations unless expressly authorized by Council or required By-law. 10.2 No Member shall release, make public or in any way divulge any such Confidential Information acquired by virtue of his or her office unless expressly authorized by Council or required By-law. The capacity to release Confidential Information can only be made by a majority of Council, and no individual member of Council has authority to waive this privilege. 10.3 No Member shall use information gained in the execution of his or her office that is not available to the general public for any purpose other than his or her official duties. 10.4 No Member shall access or attempt to gain access to Confidential Information in the custody of the Municipality except to the extent necessary for the performance of his or her duties as a Member and not prohibited by this Code or any other statute, By-law or policy. 10.5 Members are only entitled to Confidential Information in the possession of the Municipality that is relevant to matters before the Council or Committee. Beyond this entitlement, Members have the same level of access to information as does any other citizen. PART 11: COMMUNICATIONS AND MEDIA RELATIONS 11.1 In order to foster respect for the decision making process of Council, Members Page 19 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM shall fairly and accurately communicate the decisions of Council, even if they disagree with a majority decision of Council, and/or voted in the minority. Members may publicly express disagreement with a decision, but are to do so in a respectful manner. 11.2 In communications with the media, Members shall not indicate, implicitly or explicitly, that they speak on behalf of Council, unless they have been authorized to do so by Council. 11.3 Members shall refrain from making disparaging remarks about other Members, members of the public, Employees or Council's process and decisions. PART 12: MUNICIPAL ELECTION CAMPAIGNS 12.1 Members of Council are required to comply with the Municipal Elections Act, 1996 and the Municipality of Bayham Use of Corporate Resources for Election Purposes Policy as authorized by By-law No. 2016-107. 12.2 No Member shall use Municipal property, including the Municipality's logo, for any election campaign or campaign related activities. 12.3 No Member shall undertake campaign related activities on Municipally owned lands, with the exception of the permissible use of campaign signs along road allowances, and in compliance with any local sign By-laws, as applicable. 12.4 No Member shall use the services of Employees in work for his or her (re)election during hours in which those Employees are being paid by the Municipality. The participation of Municipal staff with respect to municipal elections is generally discouraged. PART 13: CONDUCT OF FORMER MEMBERS 13.1 The Municipality shall not hire or award any contract to any former Member for a period of 12 months from the date the former Member ceased to hold office except where the former Member is the successful bidder through a quote or tender consistent with appropriate Municipal policies. 13.2 A former Member may not lobby the Municipality or any Member for a period of 12 months from the date the former Member ceased to hold office. PART 14: USE OF MUNICIPAL PROPERTY 14.1 Members may only use Municipal property, including land, facilities, equipment, supplies, services, staff or other resources (for example, Municipally owned materials, computers, networks, websites)for activities directly connected with the discharge of their official Municipal duties or, as appropriate, local municipal duties. 14.2 Occasional or incidental personal use of Municipal computers, phones or similar devices and communication systems is acceptable, subject to the provisions of the Municipal Elections Act. Such use may also be subject to the Municipal Freedom of Information and Protection of Privacy Act. Page 1 10 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 14.3 No Member shall obtain financial gain from the use or sale of Municipally-developed intellectual property including inventions, cultural materials, computer programs, technical innovations, or other items capable of being patented, or copyrighted, as all such property remains exclusively that of the Municipality. PART 15: NEPOTISM 15.1 No Member shall attempt to influence the hiring or promotion of a Spouse or Immediate Relative. 15.2 No Member shall make any decision or participate in the process to hire, transfer, promote, demote, discipline or terminate a Spouse or Immediate Relative. 15.3 If a Spouse or Immediate Relative of a Member is an applicant for employment with the Municipality or candidate for promotion or transfer, the Spouse or Immediate Relative will proceed through the usual selection process with no special consideration. 15.4 No Member shall place himself or herself in a position where he or she could have influence over their Spouse or Immediate Relative's employment. 15.5 No Member shall attempt to use a Spouse or Immediate Relative relationship for financial or other gain. PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER 16.1 No Member shall obstruct the Integrity Commissioner in the carrying out of their responsibilities. 16.2 It is a violation of this Code to obstruct any staff member acting under the instruction of the Integrity Commissioner in applying or furthering the objectives or requirements of this Code, in attempting to gather information or data, or in the general conduct of duties with respect to a Code of Conduct investigation. 16.3 Examples of obstruction under sections 16.1 or 16.2 include the destruction of documents, the erasure of electronic documents, withholding or concealing the existence of documents and refusal to respond to inquiries from the Integrity Commissioner within 15 days of receipt of same. PART 17: REPRISALS 17.1 No Member shall seek any reprisal or threaten any reprisal against a complainant or any other person for providing relevant information to the Integrity Commissioner in the course of inquiry pursuant to a complaint. Page 1 11 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS: 18.1 REQUIREMENTS Members have important legal responsibilities and accountabilities in connection with the tone and substance of interpersonal interactions, conduct or communications pursued in the context of carrying out the activity of a municipal Councillor. 18.2 MUNICIPAL POLICIES The purpose of this section of the Code of Conduct is to ensure that Members governed by this Code of Conduct understand and comply with standards of conduct required at law in terms of their interpersonal interactions, communications and conduct. As outlined within various policies and the Municipality of Bayham Personnel Policy Manual. The Municipal Corporation and Members, as agents of the Municipal Corporation share important obligations for ensuring compliance with required standards of interpersonal conduct and interactions. A failure to adhere to the required Standards of Conduct can expose both the Municipality, and individual Members to potential liabilities. Human Rights Guarantees: The Obligation to Treat Every Person with Dignity, Understanding and Respect and Avoid Harassment and Discrimination The Ontario Human Rights Code extends equality rights guarantees in the context of employment and the delivery of services. A Municipal Government is both an employer and service provider. As a result the interactions and conduct of Members governed by this Code of Conduct generally occur in the context of providing services or interacting with employees. In connection with such interactions, Members have a legal obligation to ensure adherence to equality rights guarantees. Members have an obligation to ensure that all individuals dealt with are treated with dignity and respect, and not exposed to harassment or discrimination as prohibited by the Human Rights Code. As a Member your obligations in this regard extend to anyone you deal with in the context of employment or delivery of services; including but not necessarily limited to the following: other Members of Council, Committee Members, Local Board Members, Corporate Employees, individuals providing services, contractors, students, the public. PART 19: COMPLIANCE /ACCOUNTABILITY/ ENFORCEMENT 19.1 The Municipality has important obligations and interests in ensuring compliance with the ethical and interpersonal conduct standards required of Members by this Code of Conduct. 19.2 The Municipality has an interest and obligation to respond to all allegations, complaints or incidents of alleged conduct inconsistent with the standards outlined in this Code of Conduct in a manner consistent with the interests and legal obligations of the Municipality. Page 1 12 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 19.3 The Municipality recognizes that the Municipality and the Members have a mutual interest in providing and encouraging access to compliance/enforcement mechanisms in connection with the conduct required by this Code that deliver objective, independent, skilled and efficient determinations in connection with alleged misconduct by any Member. 19.4 The Municipality shall appoint an Integrity Commissioner pursuant to Section 223.3(1) of the Municipal Act and, when proclaimed, Bill 68 "Modernizing Ontario's Municipal Legislation Act, 2017" to inquire into and determine any alleged non-compliance with the standards of conduct defined in the Code of Conduct and to investigate and advise on the (MICA) in March 2019 and thereafter by a Member. 19.5 In all circumstances where the Municipality becomes aware of an allegation that a Member has engaged in any prohibited activity or breached any standard of conduct outlined in this Code of Conduct, whether by informal communications or formal complaints, the matter will be addressed as follows: (i) The `informal' complaint procedure, pursuant to Part 23, may be followed but is not mandatory; (ii) Any issue of non-compliance with the Code of Conduct shall be referred to the Integrity Commissioner through the Complaint Protocol pursuant to Part 24; (iii) The Integrity Commissioner shall conduct an Inquiry to determine whether the Member has engaged in conduct in contravention of the Code of Conduct; (except as in Complaints Prior to an Election) (iv) In planning and pursuing the relevant inquiry the Integrity Commissioner may proceed consistent with the procedural aspects of any policies addressing the subject of the alleged infringement and exercise his/her powers under Section 33 and Section 34 of the Public Inquiries Act; (v) The inquiry pursued by the Integrity Commissioner shall be an independent inquiry; independent of the Municipality or any of its agents, employees or members; (vi) Where the Integrity Commissioner determines that he/she has reasonable grounds to believe that there has been a contravention of any other act or the Criminal Code, the Integrity Commissioner shall refer the matter to the appropriate authority; suspend his/her inquiry and report the suspension to Council. In these circumstances Council will pursue the necessary steps to ensure that the matter is addressed consistent with the Municipality's obligations at law and any relevant Municipal policies; (vii) Where the Integrity Commissioner completes an inquiry and determination of the matter, he/she shall prepare a written report of his/her findings as to whether a Member has contravened the Code of Conduct. In preparing the report, the Integrity Commissioner may disclose such matters as are necessary for the reporting to Council. The Report shall be delivered to Council. Where a contravention of the Code is substantiated, Council may impose the Penalty; (viii) The municipality shall consider written reports/findings of the Integrity Commissioner in open session unless otherwise prohibited by another Act e.g. (MFIPPA) or regulation; Page 1 13 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (ix) Where the Integrity Commissioner determines that a Member has contravened the Code of Conduct, the Integrity Commissioner shall recommend the penalty; such penalty shall be within the remedial parameters defined in the Municipal Act; 19.6 Penalties: Where a Member is found to have breached any standard of conduct required by the Code of Conduct, the penalty will be determined by the Council on the advice of the Integrity Commissioner. In determining the penalty the Council shall take into consideration the nature and degree of the current breach of the Code and any prior non-compliance with the Code of Conduct by the Member. 19.7 Where a Code of Conduct breach is alleged: (i) the member may take part in the discussion of the matter, including making submissions to Council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the meeting. However, the member is not permitted to vote on any question in respect of the matter. (ii) In the case of a meeting that is not open to the public, the member may attend the meeting or part of the meeting during which the matter is under consideration. 19.8 Penalties imposed in connection with breaches of the Code of Conduct pursuant to the Code may include: (i) a written reprimand; and or; (ii) suspension of remuneration paid to a Member with respect to services up to 90-days; and or; Refusal to Conduct Investigation 19.8 If the Integrity Commissioner is of the opinion that the referral of a matter to him or her is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Integrity Commissioner shall not conduct an investigation, or, where that becomes apparent in the course of an investigation, terminate the investigation. 19.9 Complaints referred that are repetitious in nature, not germane to the Code of Conduct in the opinion of the Integrity Commissioner, deemed frivolous and without substance in the opinion of the Integrity Officer, or, where the complaint is deemed vexatious in the opinion of the Integrity Commissioner, shall not be advanced to an investigation stage. 19.10 Other than in exceptional circumstances, the Integrity Commissioner will not report to Council or a local board on any complaint described in Sections 19.8 or 19.9 except as part of an annual or other periodic report. 19.11 An application may only be made within six weeks after the applicant became aware of the alleged contravention. Page 1 14 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Complaints or Reports Prior to Election 19.12 No complaint regarding a Member who is a candidate in an election may be accepted by the Integrity Commissioner for review and/or investigation between Nomination Day for a regular election and ending of voting day in any year in which a regular municipal election will be held. The Integrity Commissioner shall hold such complaint in abeyance until after voting day in a regular election year and advise the complainant of the process. PART 20: OTHER COMPLIANCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO THE INTEGRITY COMMISSIONER 20.1 While the Municipality encourages complainants, Members and all parties to access and support the use of the Integrity Commissioner as the means of addressing any issues of non-compliance with the Code of Conduct by Members, the Municipality has an obligation and commitment to support complainants or potential complainants access to the following processes in connection with allegations of prohibited activity, conduct or communications. 1. Complaints of Harassment (Code or Personae, Discrimination, Violence by Employees, Members of Council • Access to the procedures committed to in the Municipality's relevant Policies; • Complainants also have a right to file complaints with the Ontario Human Rights Tribunal (in connection with human rights allegations) and complaints with the Ministry of Labour(in connection with allegations of violence, threats of violence or personal harassment). 2. Complaints Regarding Allegations of Conduct Regulated by the Criminal Code • Complaints can be directed to the Elgin County Detachment of the Ontario Provincial Police to pursue an investigation under Section 122 of the Criminal Code of Canada where allegations of fraud or breach of trust are made in connection with a Member carrying out the duties of the office; • Complaints can be directed to the Elgin County Detachment of the Ontario Provincial Police to pursue an investigation under Section 122 of the Criminal Code of Canada regarding allegations of a Member's involvement in demands for, acceptance of, offering or agreement to accept a loan, reward, benefit or their advantage from any person, in connection with the performance of the duties of the Member in the office; 3. Complainant's Direct Dealings with Members in Connection with Concerns of Non-Compliance with the Code of Conduct • Any person who believes that a Member has infringed any standard under this Code of Conduct can advise the Member of the concern directly (verbally or in writing) that their activity infringes the Code of Conduct; • Such person (complainant) may directly encourage the Member to stop the offending activity; Page 15 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM • Such person (complainant) should keep a record of the incident, including date, time, location, persons present and any other relevant information. PART 21: JUDICIAL INVESTIGATION 21.1 In circumstances where liability is denied and the alleged misconduct is serious in nature, Council may pass a resolution, pursuant to s. 274(1) of the Municipal Act, requesting a judicial investigation into the Member of Council, or Council's Local Board or Committee Member's conduct. PART 22: DUTIES OF A MUNICIPAL INTEGRITY COMMISSIONER 22.1 The Integrity Commissioner shall perform the duties and have the powers provided for in the Act, including but not limited to the following: (1) Advisory. upon proper request, provide written and/or verbal advice to individual members of Council respecting the application of the Code of Conduct and/or any other procedures, rules, and policies relating to and reflecting upon their ethical behavior, including but not limited to general interpretation of the Municipal Conflict of Interest Act (Ontario); and furthermore and when appropriate, providing the full Council with specific and general opinions and advice respecting compliance by elected officials in respect of the provisions of governing statues the Code of Conduct and any other applicable procedures, rules, and policies. (2) Compliance Investigation/Determinations: upon proper request from a member of Council or local board, municipal administration or one or more members of the public, to conduct an inquiry and make a determination as to any alleged contravention of the Code of Conduct or applicable procedures, rules, and policies by a member of Council or local board and, thereafter, to report the details and results of such inquiry to municipal Council. (3) Educational: provide the CAOICIerk or as directed with an annual report of activities during the previous calendar year as Integrity Commissioner, including but not necessarily limited to advice given to Council or individual members of Council and a summary of inquiry results and determinations; furthermore, provide outreach programs to members of Council and local boards and relevant staff on legislation, protocols, and office procedures emphasizing the importance of compliance with a Code of Conduct for public confidence in Municipal Government; and, furthermore, dissemination of information available to the public on the website operated by Elgin. 22.21 Notwithstanding that set forth above, the parties acknowledge and agree that the function of the Integrity Commissioner is to provide advice and opinion to Council and members thereof, to provide independent complaint prevention, investigation, adjudication, and resolution to members of Council and the public, and education respecting adherence with the Code of Conduct for members of Council and other procedures, rules, and policies governing ethical behavior. Page 1 16 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 22.22 The parties hereto also acknowledge and agree the Integrity Commissioner, will perform services, and in particular those services relating to advisory and educational duties, in a manner so as to avoid duplicated advice, opinion, and cost in respect of identical requests and inquiries—for example, the Integrity Commissioner shall decline to provide individualized advice and opinion to more than one member of Council or a local board on identical issues but should choose to provide general advice to Council or such local board as a whole to answer all such inquiries. In addition, it is recognized that the Integrity Commissioner, will likely receive requests for advice on matters involving compliance with the Municipal Conflict of Interest Act (the "MCIA")—while the Integrity Commissioner may provide general interpretation of the MCIA, it is expected that individual members of Council or local boards will seek independent legal advice on a specific question of individual compliance with such legislation. 22.23 The application of sections 5, 5.1, and 5.2 of the Municipal Conflict of Interest Act to members of Council and of local boards will become the responsibility of the Integrity Commissioner on March 1, 2019. PART 23: INFORMAL COMPLAINT PROCEDURE 23.1 Individuals (for example, Municipal employees, members of the public, members of Council or local boards (restricted definition), or organizations (including local boards (restricted definition) who have identified or witnessed behaviour or an activity by a member of Council or a local board (restricted definition) that they believe is in contravention of the Code of Conduct for Members of Council and Local Boards (Restricted Definition) the "Code of Conduct" would address the prohibited behaviour or activity themselves as follows: (1) advise the member that the behaviour or activity contravenes the Code of Conduct; (2) encourage the member to stop the prohibited behaviour or activity; (3) keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information; (4) tell someone else (for example, a senior staff member or an officer of the organization) about your concerns, your comments to the member and the response of the member; (5) if applicable, confirm to the member's satisfaction with the response of the member; or, if applicable, advise the member of your dissatisfaction with the response; and, (6) consider the need to pursue the matter in accordance with the formal complaint procedure outlined in Appendix B, or in accordance with another applicable judicial or quasi-judicial process or complaint procedure. 23.2 Individuals and organizations are encouraged to initially pursue this informal complaint procedure as a means of stopping and remedying a behaviour or activity that is prohibited by the Code of Conduct. With the consent of the complaining individual or organization Page 17 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM and the member, the Integrity Commissioner may be part of any informal process. However, it is not a precondition or a prerequisite that those complaining pursue the informal complaint procedure prior to pursing the formal complaint procedure. PART 24: COMPLAINT PROTOCOL 24.1 Any member of Council, staff or the public that believes they have experienced or witnessed conduct in contravention with the Code of Conduct may file a complaint and request an investigation. 24.2 All complaints shall be in writing and signed by an identifiable individual. 24.3 A complaint shall set out reasonable and probable grounds for the allegation that the member as contravened the Code of Conduct and include a support affidavit that sets out the evidence in support of the complaint. 24.4 The complaint protocol information package shall be available on the Municipal Website. Appendix B PART 25: SUMMARY 25.1 The Municipality and all Members of Council share an important interest and responsibility in ensuring that the standards of conduct required under this Code of Conduct are understood, maintained and where necessary enforced by holding Members accountable. 25.2 The standards reflect the ethical and legal context in which the Municipality and Members must deliver services to the community served by the Council and Members. Deviations from the standards of conduct outlined in this Code of Conduct leave the Municipality, Council and individual Members exposed to the following: • Reputational risk; • Loss of credibility in the community; • Risks of significant liabilities. 25.3 All Members of Council are expected to be knowledgeable of the contents of this Code of Conduct and applicable Municipal Policies, and to adhere to the standards of conduct defined in the Code of Conduct and Policies. Page 18 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM per.po �o.�,,�5 I'tunity Is CODE OF CONDUCT FOR MEMBERS OF MUNICIPAL COUNCIL, COUNCIL'S LOCAL BOARD & COMMITTEE MEMBERS COUNCILLOR ACKNOWLEDGEMENT The preceding Code of Conduct has been explained to me and I have received, read, and understood the Code of Conduct for the Corporation of the Municipality of Bayham. Councillor Name (Please Print) Councillor Signature Date Page 1 19 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM per.po �o.�,,�5 I'tunity Is COUNCIL CODE OF CONDUCT DISCLOSURE STATEMENT Part 7 of the Council Code of Conduct regarding the acceptance of gifts and benefits, requires members to disclose the receipt of certain gifts and benefits if the dollar value of a single gift or benefit exceeds $200.00 or if the total value of gifts and benefits received from one source in a calendar year exceeds $1,000.00. This Disclosure Statement is to be used to report on such gifts and benefits and shall be filed with the clerk within 30 days of receipt of such gift or benefit, or upon reaching the annual limit. Disclosure Statements are a matter of public record. Nature of Gift or Benefit Received: Source of Gift or Benefit: Circumstances under Which Gift or Benefit Received: Estimated Value of Gift or Benefit: $ Date Gift or Benefit Received: Signature of Member: Date: Date Statement Received by Clerk: Page 120 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM -g,AYH.1�L4 poitunity IS�o��y Council Code of Conduct—Formal Complaint Form/Affidavit I, (full name), of the (City, Town etc.) in the Province of Ontario. MAKE OATH AND SAY (or AFFIRM): 1. 1 have personal knowledge of the facts as set out in this affidavit, because (insert reasons e.g. I work for... I attended a meeting at which... etc.) 2. 1 have reasonable and probable grounds to believe that a member of the Municipality of Bayham Council (specify name of member) has contravened section(s) specify section(s) of the Council Code of Conduct of the Municipality of Bayham. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please use the attached Schedule A form and check the appropriate box below. If you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit A, B etc. and attach them to this affidavit.) Page 121 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Please see the attached Schedule A 1. This affidavit is made for the purpose of requesting that this matter be reviewed by the Municipality of Bayham appointed Integrity Commissioner and for no other purpose. (date) ) Signature Note: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been conducted by this authority to confirm or verify the above sworn information. The Criminal Code of Canada provides that: everyone commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years (Section 131, 132), or by summary conviction (Section 134). Signing a false affidavit may expose you to prosecution under Sections 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation. Page 122 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 'YH,A)t a;f7O�po �0��5 l'tunity Is Council Code of Conduct—Request for Advice Form Name of Member: Telephone No.: Email Address: Advice Requested: (Please provide as much detail as possible) Signature of Requestor Date Received by Integrity Commissioner Date Date Reply Issued Page 123 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM po �0��5 l'tunity Is Council Code of Conduct—Conflict of Interest Form Name of Member: Telephone No.: Email Address: Date of Council meeting: Agenda item number and name: General Nature of the Conflict of Interest: Signature of Council Member Date Received by Municipal Clerk Page 124 REPORT cao �rtunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: December 21, 2017 REPORT: CAO-83/17 SUBJECT: PROCEDURAL BY-LAW BACKGROUND: On October 16, 2014 the Council of the Corporation of the Municipality of Bayham passed By- law No. 2014-103, being a by-law to establish Rules of Procedure and a Council Code of Conduct. On July 20, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-46/17 re Bill 68, Modernizing Ontario's Municipal Legislation Act be received for information; THAT staff be directed to bring forward amended policies for Council consideration to proactively comply with the provisions of Bill 68 Modernizing Ontario's Municipal Legislation Act; AND THAT staff be directed to request Elgin County to coordinate a meeting of all Elgin County CAO's to develop a process, for Council consideration, to appoint a joint Closed Meeting Investigator and Integrity Commissioner pursuant to Bill 68 requirements for all Elgin County Municipalities. DISCUSSION The Draft Procedural By-law attached hereto as Appendix `A' contains the following modifications from the current Procedural By-law as authorized by By-law No. 2014-103: 1) Removal of the Council Code of Conduct a. The Council Code of Conduct is proposed to be a stand-alone document. 2) Section 1 — Definitions a. Administrator changed to CAOICIerk to reflect current organization structure. 3) Section 4.1.1 — Place of Meeting a. Updated to 56169 Heritage Line, Straffordville, Ontario. 4) Section 4.2.1 - Inaugural Meeting a. Changed from first Thursday in December in an election year to at the call of the Clerk and Mayor to reflect the changes within the Municipal Act and the Municipal Elections Act. 5) Section 4.8.2 — Closed Meetings a. Addition of closed meeting provisions h-k to reflect the changes within the Municipal Act. 6) Section 5.4.1 — Court of Revision a. Modify Agenda order to include `Staff Presentation' as per the practice of the Court of Revision. 7) Section 3.2.2 — Duties of the Deputy Mayor a. Addition of provisions for the Deputy Mayor to act as the Municipality of Bayham Alternate Member of County Council. RECOMMENDATION 1. THAT Report CAO-83/17 re Procedural By-law be received for information; 2. AND THAT Council direct staff to bring forward a Procedural By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAOIClerk RULES OF PROCEDURE FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AS ADOPTED BY BY-LAW NO. 2017-XXX TABLE OF CONTENTS - PROCEDURAL BY-LAW MUNICIPALITY OF BAYHAM SECTION TITLE 1 DEFINITIONS AND INTERPRETATION 2 GENERAL PROVISIONS 3 DUTIES OF COUNCIL 4 MEETINGS 5 AGENDAS AND MINUTES 6 ORDER OF PROCEEDINGS-COUNCIL 7 ORDER OF PROCEEDINGS-PUBLIC MEETING 8 DELEGATIONS 9 RULES OF DEBATE AND CONDUCT 10 MOTIONS 11 VOTING ON MOTIONS 12 CONDUCT OF AUDIENCE 13 ADMINISTRATION BY-LAW NO. 2017-XXX OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF THE COUNCIL OF THE MUNICIPALITY OF BAYHAM, AND OF ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every Municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings; AND WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it advisable to enact a by-law to govern the proceedings of Council, the conduct of its Members and the calling of Meetings, and to provide for procedures and statutory requirements in accordance with the Municipal Act, S.O.2001, c.25 as amended, and to repeal all previous By-laws related thereto; NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as follows: Section 1 — DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different meaning: 1.1.1 "Acting Head of Council"shall mean the Deputy Mayor when the Mayor is absent or refuses to act or the office of the Mayor is vacant or, when the Mayor and Deputy Mayor are absent or refuse to act or the offices of the Mayor and Deputy Mayor are vacant, the member of Council who is appointed by Council to act from time to time in the place and stead of the Mayor and who shall exercise all of the rights, powers and authority of the Head of Council while so acting. 1.1.2 "Ad Hoc Committee" shall mean a special purpose committee of limited duration, appointed by Council to consider a specific matter and which is dissolved automatically upon submitting its final report to Council, unless otherwise directed by Council. 1.1.3 "Advisory Committee" shall mean a committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. 1.1.4 "CAOICIerk" shall mean the CAOICIerk of the Corporation of the Municipality of Bayham. 1.1.5 "Chair" in the case of the Council shall mean the Mayor, Deputy Mayor or the Member appointed to act as Chair during the absence of the Mayor and Deputy Mayor from a Meeting or a portion of a Meeting. While acting as Chair the Member shall exercise all of the powers and responsibilities of the Mayor under this Procedural By-law. In the case of the a Statutory Public Meeting, Public Meeting or a Court of Revision Hearing, Chair shall mean the Mayor, Deputy Mayor or the Member, whoever presides over a portion of the Meeting of the Statutory Public Meeting, Public Meeting or a Court of Revision Hearing as provided for in this Procedural By-law. In the case of an Ad Hoc Committee or Advisory Committee, Chair means the Member appointed as such by the Committee. 1.1.6 "Clerk" shall mean the Clerk of the Municipality of Bayham and includes the Deputy Clerk and any official of the Municipality appointed by Council to exercise the power(s) of the Municipal Clerk in the absence of the Clerk or Deputy Clerk. 1.1.7 "Committee" shall mean a committee of Council and includes Standing Committees, or sub-committees of the Standing Committees. 1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed by the Council of the Municipality of Bayham to the Committee of Adjustment pursuant to the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended. 1.1.9 "Council" shall mean the Council of the Corporation of the Municipality of Bayham. 1.1.10 "Councillor" shall mean a person elected or appointed as a Member of Council but does not include the Mayor. 1.1.11 "Delegation" shall mean a person or group of persons desiring to verbally present information or to make a request to Council. 1.1.12 "Deputy Mayor" shall mean the Member of Council who is elected to the position and who, in the absence of the Mayor, shall exercise the powers and responsibilities of the Mayor provided for in this By-law or any other by-law or statute. 1.1.13 "Holiday" shall mean a holiday as defined by the Legislation Act, 2006 S.O. 2006, c. 21, Schedule F as amended or replaced from time to time. 1.1.14 "Local Board" shall mean a local board as defined in the Municipal Act, S.O.2001, c.25 as amended. 1.1.15 "Mayor" shall mean the Head of Council for the Municipality. 1.1.16 "Meeting" shall mean any Regular or Special Meeting of Council, including a Statutory Public Meeting, Public Meeting or a Court of Revision Hearing. 1.1.17 "Member" shall mean a Member of the Council of the Corporation of the Municipality of Bayham, and includes the Mayor. 1.1.18 "Motion" shall mean a question or proposal to be considered by Council and which is moved and seconded and is subject to debate. When a Motion is adopted, it becomes a Resolution. 1.1.19 "Municipal Act" shall mean the Municipal Act, 2001, (S.O.2001, c. 25), as amended or replaced from time to time. 1.1.20 "Municipality" shall mean the Corporation of the Municipality of Bayham. 1.1.21 "Newspaper" shall mean a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than one week, consisting in great part of news of current local events of general interest and made available to the public. 1.1.22 "Pecuniary Interest" shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter M.50, as may be amended. 1.1.23 "Planning Act" shall mean the Planning Act, R.S.O. 1990, c.P. 13, as amended. 1.1.24 "Point of Order" shall mean a statement made by a Member during a Meeting drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure. 1.1.25 "Point of Privilege" shall mean the raising of a question that concerns a Member, or all of the Members of Council, when a Member believes that his rights, immunities or integrity or the rights, immunities or integrity of Council or staff as a whole have been impugned. 1.1.26 "Presiding Member" shall mean the Mayor or Acting Mayor or Chair of the Meeting. 1.1.27 "Quorum" shall be as defined in Section 4.9 herein. 1.1.28 "Recorded Vote" shall mean the written record of the name and vote of every Member present when the vote is called on any matter or question during a Meeting of Council. 1.1.29 "Resolution" shall mean a formal expression of opinion or intention by Council. 1.1.30 "Rules of Procedure" shall mean the rules and requirements contained within this Procedural By-law. 1.1.31 "Vice Chair" shall mean such Member of a Committee who has been appointed to act in the place and stead of the Committee Chair when such Chair is absent from a meeting of the Committee for any cause and who shall exercise all the rights, power and authorities of the Chair. 1.1.32 "Website" shall mean the Municipality of Bayham website address identified as_ www.bayham.on.ca 1.2 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular shall include the plural, and vice- versa, as the context requires. Section 2 - GENERAL PROVISIONS 2.1 Applicability 2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Meetings and shall be the rules and requirements which govern the order of their business. 2.2 Suspension of Rules and Procedures 2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in this Section may be temporarily suspended by a vote of three-quarters (3/4) of the Members present and voting: a) rules about a change to the order of procedure in the Agenda content; b) rules about delegation status; c) rules about the increase or decrease of delegation speaking time and debate limitations. 2.3 Issue not Addressed 2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be decided by the Mayor, Deputy Mayor or Chair, subject to an appeal to the Council. 2.3.2 All points of order or procedure not provided for in these Rules of Procedure shall be decided in accordance with the rules of procedure known as Robert's Rules of Order. 2.4 Video Equipment, Recording Devices and Cellular Telephones 2.4.1 The use of cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature used for transcribing or recording proceedings by auditory or visual means by accredited and other representatives of any news media or members of the general public is permitted only with the approval of Council. 2.4.2 Cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature shall be turned off immediately if requested by a member of the audience wishing to speak to Council. 2.4.3 All communication devices shall be switched to `silent' upon entering the location where any Council Meeting is being held. Section 3 - DUTIES OF COUNCIL 3.1 Duties of the Mayor 3.1.1 It shall be the duty of the Mayor, or acting Head of Council, to carry out the responsibilities of a head of council set forth in the Municipal Act, in addition to the following responsibilities: a) to open the Meeting of Council by taking the Chair and calling the Members to order; b) to announce the business before the Council in the order in which it is to be acted upon; c) to receive and submit, in the manner prescribed by this Procedural By-law, all motions presented by Members; d) to recognize any Member who wishes to speak and to determine the order of speakers; e) to put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of the proceedings and to announce the results; f) to decline to put to vote motions which contravene the provisions of the Procedural By-law; g) to enforce the provisions of the Procedural By-law; h) to enforce on all occasions the observance of order and decorum among the Members; i) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the Council Chamber, or the place of Meeting, as the case may be; j) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting and, if necessary, to direct the Municipal Clerk to seek appropriate assistance from the Ontario Provincial Police Service; k) to authenticate, by signature, all By-laws and Meeting minutes; 1) to rule on any points of order raised by Members of Council; m) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things; n) to adjourn the Meeting when the business is concluded, or if considered necessary by the Mayor because of grave disorder, to adjourn the sitting without putting to the vote any question, or suspend the sitting for a time to be named. 3.1.2 By virtue of his office, the Mayor is appointed as an ex-officio member of Advisory Committees and Municipal Service Boards. 3.2 Duties of the Deputy Mayor 3.2.1 Where the Mayor gives notice to the Municipal Clerk that he will be absent from the Municipality, or of his absence through illness, or his office is vacant, or he refuses to act, then the Deputy Mayor shall act in his place and instead of the Mayor and, while so acting, has and may exercise all the rights, powers and authority of the Head of Council. 3.2.2 Act as an alternate lower-tier member to attend County Council where the Mayor gives notice to the County Clerk that he will be absent, or of his absence through illness, then the Deputy Mayor may act in his place and while so acting, has and may exercise all the rights, powers and authority of the member of County Council. 3.3 Participation of Chair in Debate 3.3.1 The Chair who presides over any part of a Meeting may state relevant facts and the Chair's position on any matter before Council without leaving the chair, which may take place immediately prior to the vote, but it shall not be permissible for the Chair to move a motion or debate without first leaving the chair. 3.3.2 If, during a Meeting of Council, the Mayor desires to leave the chair to move a motion or take part in the debate pursuant to Section 3.3.1, or otherwise, the Mayor shall call on the Deputy Mayor or, in his absence, the Acting Head of Council to preside until the Mayor resumes the chair. 3.4 Duties of the Members of Council 3.4.1 It shall be the duty of the Members to carry out the role of council as set forth in the Municipal Act, in addition to the following responsibilities: a) to deliberate on the business submitted to Council; b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law; c) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things d) to Chair the portion a Meeting for which he is the appointed Chair and assume the duties of the Mayor as detailed in Section 3.1.1; and e) to apply and respect the Rules of Procedure. 3.4.2 Council Members shall adhere to the Council Code of Conduct attached hereto as Schedule "A" to this Procedural By-law, as adopted by Council and as amended from time to time. Section 4 - MEETINGS 4.1 Place of Meeting 4.1.1 Unless otherwise directed by Council, all Regular and Special Meetings shall be held in the Council Chambers of the Municipal Office at 56169 Heritage Line, Straffordville, Ontario. 4.2 Inaugural Meeting 4.2.1 The Inaugural Meeting of the Council shall be held, in a year in which a municipal election is held, at a time determined by the Head of Council-Elect and the CAOIClerk. 4.2.2 The Clerk shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto. 4.3 Regular Meetings 4.3.1 Regular Meetings of Council shall be held on the first and third Thursday of each month commencing at 7:00 p.m., unless such a day is a Holiday, or on such other day and time as may be determined from time to time by resolution of Council. 4.3.2 Where a change is made to the day and time of a Meeting of Council, the Clerk shall notify the Mayor, give notice of the change to all Members in the manner set forth in Section 4.4.3 and provide notice to the Public by posting notice on the Municipal website and at the Municipal Office. 4.4 Special Meetings 4.4.1 In addition to Regular Meetings, the Mayor may, at any time, summon a Special Meeting of Council by giving direction to the Clerk stating the date, time and purpose of the Special Meeting. 4.4.2 The Clerk shall summon a Special Meeting of Council when requested to do so in writing by a majority of Members, at the time mentioned in the request. 4.4.3 Written notice of a Special Meeting of Council shall be given to all Members at least twenty-four (24) hours before the time appointed for such Meeting and shall be delivered electronically via e-mail to their respective Municipal e-mail address. a) The written or verbal notice shall indicate the nature of the business to be considered at the Special Meeting as well as date, time and place of the Meeting. 4.4.4 No business other than that indicated in the written or verbal notice shall be considered at the Special Meeting except with the unanimous consent of all Members present and voting at such Meeting. 4.4.5 All Special Meetings of Council shall be held at the location of the last Regular Meeting of Council unless an alternative location is specified in the notice of Special Meeting. 4.4.6 Lack of sufficient notice, as provided for herein, shall not affect the validity of holding a Special Meeting or any action taken thereat where all Members are present at the Meeting or where any Member or Members who are absent consent to the holding of such Meeting and so inform the Clerk. 4.5 Emergency Meeting 4.5.1 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, an emergency Special Meeting of the Council may be called by the Mayor without advance notice being given by the Clerk pursuant to this By-law, to consider and deal with such urgent and extraordinary matters. a) In this case, the consent of two-thirds (2/3) of the Members to hold such a Meeting without advance notice is necessary and such consent, if any, shall be recorded in the minutes by the Clerk. 4.5.2 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, Council may, by Resolution, authorize the holding of a Regular or Special Meeting at a location outside the Municipal boundaries. 4.6 Statutory Public Meetings, Public Meetings, Court of Revision Hearings, Hearings or Information Sessions Held Under the Planning Act, Development Charges Act and Other Applicable Legislation 4.6.1 Council from time to time may conduct Statutory Public Meeting, Public Meeting, Court of Revisions Hearing, Hearing or other Information Session for any purpose giving such Notice as may be deemed necessary or required by law, or the Municipality's Public Notice Policy, as amended from time to time. 4.6.2 If Council is required by law to hold a Statutory Public Meeting, Public Meeting, Court of Revisions Hearing, Hearing or other Information Session the Rules of Procedure outlined herein shall govern. 4.7 Meetings Open to Public 4.7.1 Subject to Section 4.8 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.7.2 The Mayor or Chair may request that members of the public vacate the Council Chambers if their behaviour is deemed to be disruptive to the business at hand. The Mayor or Chair may unilaterally suspend the Meeting until order is restored in the Council Chambers. 4.8 Closed Meetings 4.8.1 Except as otherwise provided herein, all Meetings shall be open to the public. 4.8.2 Council may, by resolution, close a Meeting or part of a Meeting to members of the public if the subject matter being considered is: a) the security of the property of the Municipality or Local Board; b) personal matters about an identifiable individual, including Municipal and Local Board Employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which the Council is authorized by another provincial statute to hold a closed meeting; h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 4.8.3 A motion by Council to close a Meeting or part of a Meeting to the public shall state: a) the fact of the holding of the closed Meeting; and b) the general nature of the subject matter to be considered at the closed Meeting. 4.8.4 Where a Meeting or part of a Meeting is closed to the public, Council shall request those persons not specifically invited to the closed Meeting to vacate Council Chambers, or such room in which the Meeting is being held, as the case may be. 4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote except where permitted by law including, without limitation, Section 239(6) of the Municipal Act, which allows a Meeting to be closed to the public during a vote pursuant to sections 239 (2) or (3) and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Municipality or persons retained by or under a contract with the Municipality, and Council deems that it is in the best interests of the Municipality to do so. 4.8.6 Notwithstanding Section 4.8.5, the vote on a resolution approving a contract for the acquisition or disposal of land, including the sale of road allowances, shall be conducted in open session. 4.8.7 The Motion to rise from "In Camera" shall include the time that Council arose. 4.8.8 The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting of Council when it is closed to the public. 4.8.9 Members shall ensure that confidential matters disclosed to them during closed Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Council Code of Conduct. 4.9 Quorum 4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a majority of Members present and voting is necessary to carry a resolution. 4.9.2 A quorum of an Ad Hoc Committee shall be a majority of the Members of the Ad Hoc Committee. 4.9.3 If a Quorum is not present within thirty (30) minutes after the time appointed for the Meeting, the Clerk or designate shall record the names of the Members present and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law. 4.10 Education and/or Training Sessions 4.10.1 An Education and/or Training Session of Council shall not be deemed to be a Meeting of Council and shall not be subject to the rules and regulations applicable to Meetings contained in this By-law. 4.10.2 The Council may decide at a Meeting open to the public to convene an informal gathering of its Members to receive and discuss information or advice of a general nature involving subject matters of interest to the Members, at a time and place designated at that time by the Council. 4.10.3 The Council, in deciding to convene an Education and/or Training Session, shall designate the general purpose or purposes for which the session is to be held. 4.10.4 An Education and/or Training Session may be held at any place designated by the Council at the time at which it makes its decision to convene the session, whether or not within the boundaries of the Municipality or any adjacent municipality. 4.10.5 All Members of Council are entitled to attend at the session, together with the designated staff or consultants retained by the Municipality, but the Council, in deciding to convene the session, may decide to exclude the public therefrom. 4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw- vote, report, recommendation or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Education and/or Training Session. 4.10.7 The Clerk shall take notes describing, in general terms, each subject matter dealt with during the session and upon conclusion thereof, the notes shall be maintained as a public record under the control of the Clerk which records shall not be subject to section 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy Act, as amended. 4.11 Public Notice of Meeting Regular Meetings 4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted on the Municipal Website no later than the second week of the month prior to the commencement of the monthly schedule. 4.11.2 Public notice of each regularly scheduled Meeting shall be deemed to be given by making the agenda available for viewing on the Municipal Website by 4:00 P.M. on the Friday preceding the regularly scheduled Meeting. Special Meetings 4.11.3 Notice of amendment to the Schedule of Regular Meetings shall be posted on the Municipal Website at least one week prior to the amended Meeting date where practicable to do so. 4.11.4 Notice of Special Meetings shall be posted at the Municipal Office, on the Municipal Website and the Press shall be notified by e-mail not less than twenty-four(24) hours before the time appointed for the Special Meeting. Emergency Special Meetings 4.11.5 Where an Emergency Special Meeting of Council is held in accordance with Section 4.5, notice of the Emergency Special Meeting shall be posted at the Municipal Office and on the Municipal Website, and shall be communicated electronically to the Press as soon as practicable following the Meeting and shall indicate the nature of the business considered at the Emergency Special Meeting. 4.12 Adjournment- Due Hour 4.12.1 Except as provided in Section 10.30, a Regular or Special Meeting of Council shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such other day and time as Council, by resolution, may direct. 4.13 Cancellation of Meeting 4.13.1 The Mayor or the Deputy Mayor, in the Mayor's absence, or the Clerk, in the absence of both the Mayor and Deputy Mayor, may cancel any Meeting of Council if he is of the opinion that weather conditions or an emergency warrant. The Clerk shall inform as many Members as he is able to reach, the media and any persons that are scheduled to be in attendance. 4.13.2 Postponement of the Meeting shall not be for any longer than the next regularly scheduled Meeting of Council of Committee. Section 5 - AGENDAS AND MINUTES 5.1 Council Meeting Agenda 5.1.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at the Regular Meetings of Council: I. Call to Order II. Disclosures of Pecuniary Interest III. Review of Items Not Listed on Agenda IV. Announcements V. Delegations VI. Adoption of Minutes of previous Meeting(s) VI I. Motions and Notice of Motion Vill. Recreation, Culture, Tourism and Economic Development a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council IX. Physical Services— Emergency Services a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council X. Development Services —Sustainability and Conservation a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council XI. Finance and Administration a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council XII. By-laws XIII. Unfinished Business XIV. Other Business XV. By-law to Confirm the Proceedings of Council XVI. Adjournment 5.1.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Regular Council Meeting in question. 5.1.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.2 Statutory Planning Meeting Agenda 5.2.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Statutory Planning Meeting: I. Call to Order ll. Disclosures of Pecuniary Interest III. Chairman's Remarks on the Purpose of the Meeting IV. Purpose and Effect of the Proposed Amendment V. Public Participation Vl. Correspondence VI I. Other Business Vill. Adjournment 5.2.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Statutory Planning Meeting in question. 5.2.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.3 Committee of Adjustment Meeting Agenda 5.3.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Committee of Adjustment Meeting: I. Call to Order ll. Disclosures of Pecuniary Interest III. Chairman's Remarks on the Purpose of the Meeting IV. Public Participation V. Correspondence VI. Other Business VI I. Adjournment 5.3.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Committee of Adjustment Meeting in question. 5.3.3 The business of the Committee of Adjustment shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.4 Court of Revision Meeting Agenda 5.4.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Court of Revision Meeting: I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman's Remarks on the Purpose of the Meeting IV. Staff Presentation V. Public Participation Vl. Correspondence VI I. Other Business Vill. Adjournment 5.4.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Court of Revision Meeting in question. 5.4.3 The business of the Court of Revision shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.5 Public Meeting Agenda 5.5.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Public Meeting: IX. Call to Order X. Disclosures of Pecuniary Interest xi. Chairman's Remarks on the Purpose of the Meeting XII. Public Participation XIII. Correspondence XIV. Other Business XV. Adjournment 5.5.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Public Meeting in question. 5.5.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.6 Meeting Minutes 5.6.1 The Clerk shall cause the Minutes to be taken of each Meeting of Council whether it is closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting; b) the name of the Presiding Officer or Officers and the record of attendance of the Members; i. should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted; c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes prior to the Meeting; e) all resolutions, decisions of the Meeting without note or comment. 5.6.2 The Minutes of each Meeting shall be presented to Council for confirmation at the next Regular Meeting of the subject Meeting type. 5.6.3 Where the Minutes have been delivered to the Members in advance of the Meeting, the Minutes shall not be read, and a resolution that the minutes be approved shall be in order. 5.6.4 Following approval of the Minutes, the Minutes shall be signed by the Mayor and the Clerk. 5.6.5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings of Council are posted on the Municipal website and prepared in accordance with Section 5.6 of this Procedural By-law. Section 6 - ORDER OF PROCEEDINGS - COUNCIL 6.1 Call to Order 6.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Mayor shall take the Chair and call the Members present to order. 6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Deputy Mayor shall preside over the Meeting and s hall exercise all duties and responsibilities of the Mayor as outlined in this Procedural By-law until the Mayor is present at the Meeting and able to perform his responsibility to assume the chair. 6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Clerk shall call the Meeting to order, and the Members present shall appoint a Presiding Member who shall act as Chair of the Meeting until the arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is able to assume the chair. 6.2 Disclosures of Pecuniary Interest 6.2.1 Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 6.2.2 Where the Meeting is not open to the public, in addition to complying with the requirements of Section 6.2.1, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration. 6.2.3 Where a Member is absent from a Meeting which includes a matter for which the Member has a pecuniary interest, the Member shall disclose this interest and otherwise comply at the first Meeting attended by him after the particular Meeting. 6.3 Presentations /Special Events 6.3.1 At the request of a Member of Council or the Municipality's staff, any person, organization, corporation, or appointed official may be permitted to address the Members to inform them of matters of significance to the Municipality provided that the request has been submitted to the Clerk by 9:00 a.m. on the Tuesday in the week preceding the Meeting. 6.3.2 Presentations shall include only the following: a) civic recognition / awards; b) presentations by Municipal staff or consultants retained by the Municipality; c) presentations from senior levels of government or other municipal governments. 6.3.3 Municipal audio visual equipment may be used to assist in presentations, provided that permission has been obtained for the use of such equipment from the Clerk at the time the presenter contacts the Clerk to register for the meeting. The presentation material must be provided to the Clerk at least by 9:00 a.m. on the Thursday preceding the Meeting. 6.4 Announcements 6.4.1 During the announcement portion of the Meeting, Members may announce or comment on community events and activities when recognized by the Chair. 6.5 Delegations 6.5.1 See Section 8 6.6 Minutes 6.6.1 Minutes of previous Meetings shall be listed under this section of the Council Agenda. 6.6.2 Previous Meeting Minutes may be disposed of through a single resolution or, alternatively, any Member may request that one or more recommendations contained in the Minutes be separated and voted on separately. 6.7 Motions and Notices of Motion 6.7.1 A Member of Council may file a Motion to be placed on the Council Agenda with the Clerk no later than 9:00 A.M. on the Tuesday of the week preceding the Council Meeting at which it is to be presented for consideration and dealt with. 6.7.2 A Member of Council may file a Notice of Motion with the Clerk no later than 9:00 a.m. on the Tuesday of the week preceding the Council Meeting at which it is to be presented, of which shall be deliberated at the next Regular Meeting of Council. 6.8 Correspondence 6.8.1 All Correspondence intended to be presented to Council shall be legibly written or printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Clerk before it is presented to Council. 6.8.2 Every item of Correspondence shall be delivered to the Clerk no later than Tuesday at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own discretion, is delegated the authority to direct the item of Correspondence or a summary thereof to the appropriate Agenda. The Clerk shall ensure that a summary of the content of the correspondence is prepared and included in the Agenda and a recommendation for disposal, being either"Receive for Information" or"Requiring Action" is assigned. 6.8.3 Notwithstanding Section 6.8.2, and at the discretion of the Clerk, Correspondence received after 9:00 a.m. on the Tuesday preceding the Meeting, and being of an urgent nature or directly relevant to a matter on the Agenda for the Meeting, may be communicated to Council by way of an Addendum to the Agenda including a summary of the content of the Correspondence item. 6.8.4 Upon presentation of a motion and prior to its approval, any item of Correspondence may be the subject of limited discussion. Council may briefly discuss the matter and if consensus is reached, a revised recommendation may be presented. 6.9 Reports to Council 6.9.1 The Reports to Council section of the Council Agenda shall include any report that, due to timing, urgency, the important nature of the report and/or expediency, the Clerk has determined should be considered by Council via an Addendum. 6.10 By-laws 6.10.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law granting authority to borrow under the authority of the Municipal Act, or any by-law arising as the result of an order or decision of any quasi-judicial body, shall be presented to Council unless the subject matter thereof has been considered by Council and has been approved by Council. The Clerk shall prepare and include in the Council Agenda a summary of all By-laws, specifying the title of each By-law. 6.10.2 Every By-law, when introduced, shall be in typewritten form and shall contain no blanks, except such as may be required to conform to accepted procedure or to comply with the provisions of any Act, and shall be complete with the number and date to be affixed. 6.10.3 All by-laws shall be given first and second readings in a single motion, unless a Member wishes to discuss the contents of a specific by-law, at which time the subject by-law shall be removed from the motion and dealt with separately. 6.10.4 When the by-laws are reported with or without amendment, they shall be forthwith given third reading in a single motion at the same Meeting on the affirmative vote of the majority of the Members present and voting. 6.10.5 The Clerk shall endorse on all By-laws enacted by Council, the date of the several readings thereof. 6.10.6 Every By-law which has been enacted by Council shall be numbered and dated, and shall be signed by the Mayor, or his designate, and the Clerk, sealed with the seal of the Municipality and, thereafter, shall be retained under the control of the Clerk. 6.11 Unfinished Business 6.11.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of an Agenda matter or previous Agenda, shall be disposed of during this portion of the Meeting. 6.12 Other Business 6.12.1 Items of business requiring the direction of Council or a formal resolution will appear under this section in the Agenda. These matters should generally pertain to information items and can include Members' Reports on Advisory Committees. Any proposal to present a Motion must comply with Section 10 of this By-law. 6.13 By-law to Confirm the Proceedings of Council 6.13.1 At the conclusion of all Regular and Special Meetings of Council and prior to Adjournment, a Confirming By-law shall be brought forward to confirm the actions of the Council at that Meeting in respect of each Motion, Resolution and other action taken and a Confirming By-law, when introduced, shall be taken as having been read and shall be voted on without debate. 6.14 Adjournment 6.14.1 See Sections 10.28, Section 10.29 and Section 10.30 Section 7 - ORDER OF PROCEEDINGS— PUBLIC MEETINGS 7.1 Public Meetings 7.1.2 Public Meetings shall be conducted in the following manner: a) the Chair shall state the purpose of the Public Meeting and shall explain to those present how the Public Meeting shall be conducted; b) a member of the Municipal staff and/or Municipal Consultant shall then address the Council to present the matter to the Council; c) if applicable, the applicant or agent who is present shall then make representation regarding the matter; d) Members of the Committee shall then be given the opportunity to ask questions or seek clarification regarding the matter; and e) members of the public shall then be permitted to make representation regarding the matter. 7.2 Adjournment 7.2.1 See Section 10.28, Section 10.29 and Section 10.30 Section 8 - DELEGATIONS 8.1 Delegations 8.1.1 There shall be no more than four (4) delegations, in total, scheduled for any Regular Meeting of Council unless the Head of Council approves additional delegations no later than forty-eight (48) hours prior to the Regular Meeting. 8.1.2 Persons desiring to verbally present information on matters of fact or to make a request to Council shall give notice, including specific details regarding the subject of their address to the satisfaction of the Clerk no later than Tuesday at 9:00 a.m. of the week prior to the Meeting. 8.1.3 Notwithstanding Section 8.1 .2, Council may, at their sole discretion, entertain delegations with less notice as the circumstance may warrant with a two-thirds (2/3) majority. 8.1.4 Notwithstanding Section 8.1.3, a person wishing to present information is not required to give written notice nor be listed on the agenda with respect to a matter before Council for which the public has been given notice of the Public Meeting under the Planning Act, any other Act, or according to Municipal Policy, as required. 8.1.5 Delegations shall be permitted to speak on a matter only once within a six (6) month period and shall be limited to speak for no more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may be decided, without debate, by a majority of Council Members present. Where a delegation consists of a group of three or more persons, the group may address the Council for no more than fifteen (15) minutes. Where a Delegation wishes to provide Members with written communication, including a petition, supporting the Delegation's comments, the communication shall be provided to the Clerk and may be distributed to the Members at the discretion of the Clerk. 8.1.6 Municipal audio visual equipment may be used to assist in presentations, provided that permission has been obtained for the use of such equipment from the Clerk at the time the presenter(s) contacts the Clerk's Department to register for the meeting. The presentation material must be provided to the Clerk by 9:00 A.M. Thursday the week prior to the scheduled day of the Meeting. 8.1.7 No Delegation shall: a) speak disrespectfully of any person; b) use improper language or unparliamentary language; c) speak on any subject other than the subject for which they have received approval to address Council; or d) disobey the rules of procedure or a decision of the Chair of Council. 8.1.8 Members of Council shall be permitted to ask questions of delegates only to clarify their submissions or to elicit further information from them that is relevant to their submission. 8.1.9 Council may refuse to hear delegations when, in the opinion of Council, the subject of the presentation is beyond the jurisdiction of the Municipality. 8.2 Petitions 8.2.1 Every petition intended to be presented to Council, shall be legibly written or printed and shall not contain any impertinent or improper matter or language and shall be signed by at least one person and filed with the Clerk. 8.2.2 Every petition shall be delivered to the Clerk not later than Thursday at 9:00 a.m. of the week prior to the Meeting before the commencement of the Meeting of Council and, if in the opinion of the Clerk it contains any impertinent or improper matter or language, the Clerk shall decide whether it should be included in the Agenda. Section 9 - RULES OF DEBATE AND CONDUCT 9.1 Conduct of Members of Council 9.1.1 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; b) use offensive words or unparliamentary language or speak disrespectfully against Council, against any Member or against any officer or employee of the Municipality of Bayham; c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the Meeting, on questions of Points of Order or procedure or upon the interpretation of the Rules of Procedure except where the ruling of the Chair is reversed by the Council pursuant to Section 10.23. If a Member persists in any such disobedience after having been called to order, the Chair shall forthwith order that Member to vacate the Council Chambers or room in which the Meeting is being held, but if the Member apologizes, he may, by majority vote of the Members, be permitted to retake his seat; e) speak in a manner that is discriminatory in nature based on an individual's race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; or f) where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person. 9.2 Address the Chair 9.2.1 Any Member desiring to speak shall signify their desire to speak in such manner as the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only. 9.3 Order of Speaking 9.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next recognize in order the other Members. 9.4 Point of Privilege 9.4.1 Where a Member considers that his integrity, the integrity of the Council as a whole, or the integrity of staff has been impugned, the Member may, on a Point of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of Council to the matter. 9.4.2 When a Member is permitted to raise such matter of privilege, it shall take precedence over other matters, but the Member shall not be permitted to enter into any argument or introduce any Motion related to the Point of Privilege. 9.4.3 When the Chair considers that the integrity of the CAOIClerk or a Member of Municipal Staff has been impugned or questioned, the Chair may permit the CAOICIerk or Staff to make a statement to Council. 9.4.4 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final. 9.5 Point of Order 9.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair and the Chair shall then decide upon the Point of Order and advise the Member of the decision. 9.6 Appeal of Ruling of Chair 9.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the Member does not appeal immediately thereafter to Council, the decision of the Chair shall be final. 9.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal immediately to Council, otherwise the decision of the Chair is final. 9.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by Council, without debate on the following question: "Will the ruling be sustained?", and the decision of Council, is final. The Chair may vote on this question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be sustained. 9.7 Members Speaking 9.7.1 When a Member is speaking, no other Member shall pass between the Member and the Chair, or interrupt the Member except to raise a Point of Order. 9.8 Question Read 9.8.1 Any Member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking. 9.9 Speak Once — Reply 9.9.1 No Member shall speak more than once to the same question without leave of Council except that a reply shall be allowed to be made only by a Member who has presented the motion, but not by any Member who has moved an amendment or procedural motion in response to that motion. 9.10 Time Limited 9.10.1 No Member, without leave of Council shall speak to the same question or in reply for longer than five (5) minutes. 9.11 Questions 9.11.1 A Member may ask a question for the purposes of obtaining information relating only to the matter under discussion and such questions must be stated concisely and asked only through the Chair. 9.11.2 Notwithstanding Section 9.11.1 when a Member has been recognized as the next speaker, then immediately before speaking, such Member may ask a question through the Chair to any Member, the CAOICIerk Staff, concerning any matter connected with the business of the Municipality currently under discussion but only for the purpose of obtaining information, following which the Member may speak. Section 10 - MOTIONS Reading 10.1 All motions must be introduced by a mover and a seconder before the Chair may put the question or motion on the floor for consideration. If no Member seconds the motion, the motion shall not be on the floor for consideration and therefore it shall not be recorded in the minutes. 10.2 When a motion is presented in a Meeting, it shall be read in its entirety before debate. 10.3 Notwithstanding Section 10.1, if a motion is printed in the Agenda as either a separate item or as part of a Report, it need not be read in its entirety unless requested to do so by a Member of Council but shall be deemed as read for the purposes of introducing the Motion. Withdrawn 10.4 After a motion is properly moved and seconded, it shall be deemed to be in possession of Council, but may be withdrawn by the mover at any time before decision or amendment. No debate until properly moved and seconded 10.5 No Member shall speak to any motion until it is properly moved and seconded, and the mover is entitled to speak first if the Member so elects. If debated, the question or motion may be read before being put. Motion ruled out of order 10.6 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the Chair shall rule the motion out of order. Not within jurisdiction of Council 10.7 A Motion in respect of a matter which requires the exercise of a legislative power by Council which is not within its jurisdiction shall not be in order at a Meeting of Council. Motions Without Notice and Without Leave 10.8 The following matters and motions may be introduced orally by a Member without written notice and without leave, except as otherwise provided by this Procedural By-law, and shall be decided without debate: a) a point of order or privilege; b) to adjourn; c) to table the question without directions or instructions; d) to suspend the Rules of Procedure; e) to lift from the table; f) to divide the question; g) to refer (without instructions); h) question be now put; and i) to recess. 10.9 The following motions may be introduced orally by a Member without notice and without leave, except as otherwise provided by this Procedural By-law, and may be debated: a) to refer with direction (direction for referral only to be debatable); b) to table with instructions (instructions for tabling only to be debatable); c) to amend; and d) to rescind. Priority of Disposition 10.10A motion properly before Council for decision must be disposed of before any other motion can be received except a motion in respect of matters listed in Sections 10.8 and 10.9. Motion to Amend 10.11 A motion to amend: a) shall be presented in writing if requested by the Chair; b) shall relate to the subject matter of the main motion; c) shall not be received proposing a direct negative to the question; and d) shall be put to a vote in re verse order to the order in which the amendments are made. 10.12Only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion. Question be now put 10.13 A motion that the question be now put: a) is not debatable cannot be amended b) cannot be proposed when there is an amending motion under c) consideration, except for the purpose of moving that the d) amending motion be put; e) when resolved in the affirmative, requires that the question, motion, amending motion or motion as amended, whichever is under consideration be put forward immediately without debate or amendment; f) can only be moved in the following words, "that the question be now put"; and g) requires an affirmative vote of two-thirds (2/3) of the Members present and voting. Motion to refer or defer/postpone 10.14A motion to refer or to refer back or to defer or to postpone the question may include instructions respecting the terms upon which the question is to be referred or deferred or postponed. 10.15 A motion to refer or to refer back or to defer or to postpone the question shall not be debatable except where instructions are included, in which case, only the instructions shall be debatable. 10.16 A motion to refer or to refer back or to defer or to postpone the question may not be amended except where instructions are included, in which case, only the instructions may be amended in accordance with the provisions in Section 10.15. Motion to table 10.17A motion simply to table is not debatable except where instructions are included, in which case, only the instructions shall be debatable. Such motion cannot be amended. 10.18 A motion to table with some condition, opinion, or qualification added to the motion shall be deemed to be a motion to defer or postpone made under Section 10.14, Section 10.15 and Section 10.16. 10.19 The matter tabled shall not be considered again by Council until a motion has been made to lift from the table the tabled matter at the same or subsequent Meeting. 10.20 A motion to lift a tabled matter from the table is not subject to debate or amendment. Motion to divide 10.21 A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members present and voting. Motion to rescind 10.22A motion to rescind a previous action of Council requires a majority vote of the Members present and voting provided that notice has been given at the previous Meeting or in the Agenda for the Meeting, and in case the aforesaid notice has not been given, the motion to rescind requires a two-thirds (2/3) vote of the Members present and voting. 10.23A motion to rescind is not in order when action has been taken on the order of Council of which it is impossible to revise. The part of an order of Council which has not been acted upon, however, may be rescinded. Reconsideration 10.24A resolution, by-law or any question or matter (except one of indefinite postponement) which has been adopted previously by Council may be reconsidered by Council subject to the following: a) Only a Member who voted thereon with the majority may make a Motion to Reconsider; b) such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration; d) if a motion to reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on; and e) a vote to reconsider a particular matter or decision will not be considered more than once during the term of Council. Motion to recess 10.26A motion to recess shall provide for Council to take a short intermission within a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted. 10.27 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not in order when another motion is on the floor. Motion to Adjourn 10.28 A motion to adjourn is not debatable or amendable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or d) when a Member has indicated to the Chair his desire to speak on the matter before Council. 10.29 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the Council to an end. 10.30 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and c) shall require the support of two-thirds (2/3) of the Members present and voting. Section 11 - VOTING ON MOTIONS 11.1 Immediately preceding the taking of a vote on a motion, the Chair may state the question in the form introduced and shall do so if required by a Member. 11.2 After a question is finally put by the Chair, no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the result has been declared. 11.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question. 11.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative. 11.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that question. 11.6 Each Member has only one vote. 11.7 The Chair shall announce the result of every vote. Unrecorded Vote 11.8 The manner of determining the decision of the Council on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise. Recorded Vote 11.9 Immediately preceding or after the taking of a vote on a motion, a Recorded Vote maybe requested by a Member at which time each Member present, except a Member who is disqualified from voting by any Act, shall announce his vote openly and the Clerk shall record his name and his vote on the question. 11.10The order in which Members, present and voting, vote on Recorded Votes shall be: a) Ward Councillors (in ascending numerical order); b) Deputy Mayor; and c) Mayor 11.11 If, during the Recorded Vote, any Member present and eligible to vote refuses to vote, the Member shall be deemed and recorded as voting against the question. Section 12 - CONDUCT OF THE AUDIENCE 12.1 Members of the public who constitute the audience in the Council Chamber, or other such place where a Meeting is held in accordance with Section 4 of this Procedural By-law, during a Meeting shall respect the decorum of Council, maintain order and quiet and may not: a) address Council without permission; b) interrupt any speaker or action of the Members or any person addressing Council; c) speak out; d) applaud; e) behave in a disorderly manner; or f) make any noise or sound that proves disruptive to the conduct of the Meeting. 12.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Council Chambers, or any other location in which Council may conduct their business. 12.3 The Mayor or Chair may request that a member or members of the public vacate the Council Chambers or any other location in which Council may conduct their business if their behaviour is deemed to be disruptive to the business at hand. Section 13- ADMINISTRATION 13.1 This By-law shall be administered by the Clerk. 13.2 By-law Number 2014-103, as amended shall be repealed in its entirety. 13.3 This By-law shall come into full force and effect on the 21s' day of December, 2017. READ A FIRST, SECOND and THIRD time and finally passed on the 21s' day of December 2017. MAYOR CLERK REPORT cao 0l'tunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: December 21, 2017 REPORT: CAO-84/17 SUBJECT: ADVISORY BOARD & COMMITTEE POLICY BACKGROUND: On July 16, 2015 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2015-085, being a by-law to establish an Advisory Board & Committee Policy. On July 20, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-46/17 re Bill 68, Modernizing Ontario's Municipal Legislation Act be received for information; THAT staff be directed to bring forward amended policies for Council consideration to proactively comply with the provisions of Bill 68 Modernizing Ontario's Municipal Legislation Act; AND THAT staff be directed to request Elgin County to coordinate a meeting of all Elgin County CAO's to develop a process, for Council consideration, to appoint a joint Closed Meeting Investigator and Integrity Commissioner pursuant to Bill 68 requirements for all Elgin County Municipalities. DISCUSSION As outlined within Reports CAO 46/17 and as evidenced within Reports CAO 82, 83 & 85, Bill 68, Modernizing Ontario's Municipal Legislation Act has necessitated a number alterations to existing municipal policies. The Draft Advisory Board & Committee Policy attached hereto as Appendix `A' contains the following modifications from the current Advisory Board & Committee Policy as authorized by By-law No. 2015-085: 1) Removal of the Advisory Board & Committee Code of Conduct a. The Code of Conduct is proposed to be a stand-alone document for Council and local boards and committees. 2) Section 10 — MFIPPA a. Municipal address is updated to 56169 Heritage Line, Straffordville Ontario 3) Administrator is changed to CAOIClerk to reflect current organization structure. 4) Section 4.7.2 — Closed Meetings a. Addition of closed meeting provisions h-k to reflect the changes within the Municipal Act. RECOMMENDATION 1. THAT Report CAO-84/17 re Advisory Board & Committee Policy be received for information; 2. AND THAT Council direct staff to bring forward an Advisory Board & Committee By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAOIClerk 9epoZ.tu Is�o�`�� nity Corporation of the Municipality of Bayham Date of Council Approval: December 21, 2017 Date of Latest Revision: Policy Name: Municipality of Bayham Advisory Board and Committee Policy Section 1 - Purpose The Municipality of Bayham Advisory Board and Committee Policy will guide a consistent, accountable approach to working with Municipality of Bayham Advisory Board and Committee Members. The Municipality of Bayham Advisory Board and Committee Policy in conjunction with the Municipality of Bayham Advisory Board and Committee Rules of Procedure, attached hereto as Appendix `A', will guide current and future Advisory Board and Committee Member activity throughout the Municipality of Bayham. The Municipality of Bayham Advisory Board and Committee Policy is part of a broader Municipal effort to participate in meaningful, transparent engagement with all residents of the Municipality of Bayham. Section 2 - Scope The Municipality of Bayham Advisory Board and Committee Policy governs Municipal responsibilities to its Advisory Board and Committee Members, as well as the selection, orientation and safety of Advisory Board and Committee Members. The Municipality of Bayham Advisory Board and Committee Policy also governs Advisory Board and Committee Member rights and Advisory Board and Committee Member responsibilities to the Municipality. Section 3 - Philosophy Advisory Boards and Committees have been, and will continue to be, an integral component of the Municipality. Advisory Board and Committee Members complement and support the work of Councillors and staff, accomplish important tasks that would not otherwise be done, and support programs that could cease to exist without Advisory Board and Committee Member participation. The Municipality recognizes and greatly values the commitment and contributions of Advisory Board and Committee Members to furthering the mandate, objectives and activities of Advisory Boards and Committees of the Municipality. Municipality of Bayham Advisory Board and Committee Members enhance and augment programs within the Municipality. Advisory Board and Committee Members bring a wide variety of skills, knowledge and experience, all of which combine to strengthen the Municipality. Therefore, the Municipality strives to provide Advisory Board and Committee Members with a meaningful portfolio that suits their skills, as well as a rewarding and challenging community-oriented experience for all those interested in the goal of enhancing the Municipality of Bayham. Section 4 - Advisory Board and Committee Member Recognition Program The Council of the Municipality of Bayham shall every four years, in the final year of a term of Council recognize Advisory Board or Committee Members and Community Volunteers by hosting a Volunteer Appreciation Night. All Advisory Board and Committee Members and Community Volunteers will have the opportunity to attend and celebrate volunteerism in the Municipality of Bayham. Section 5 — Municipal Responsibilities In working with Advisory Boards and Committees, the Municipality will fulfill the following responsibilities: a) Ensure that Councillors and staff recognize the role of Advisory Board and Committee Members; b) Provide Advisory Board and Committee Members with the Municipality of Bayham Advisory Board and Committee Rules of Procedure outlining the conduct of business at Advisory Board and Committee Meetings; c) Provide Advisory Board and Committee Members with written Advisory Board and Committee portfolios outlining the mandate of each Advisory Board and Committee, a copy of which is attached hereto as Appendix `B' and shall be amended from time to time; d) Provide Advisory Board and Committee Members with appropriate orientation to the Municipality of Bayham Advisory Board and Committee Policy and supporting documentation. Section 6 - Selection and Placement Municipality of Bayham Advisory Board and Committee Members are appointed and operate based on the concept of Equal Opportunity and Diversity. The Municipality maintains a strong policy of equal opportunity. The Municipality accepts, and dismisses Advisory Board and Committee Members on the basis of personal competence, performance and dedication, without regard to race, colour, ancestry, national origin, age, gender, or sexual orientation. The process for selection, placement and dismissal from Municipality of Bayham Advisory Boards and Committees is as detailed in the Municipality of Bayham Advisory Board and Committee Rules of Procedure. An applicant must submit the Municipality of Bayham Advisory Board and Committee Application Form, a copy of which is attached hereto as Appendix `C', to initiate the selection and placement process. Section 7 - Orientation Every Advisory Board and Committee Member shall be required to attend one (1) orientation session. It is the responsibility of the CAOICIerk to: a) Provide an overview of the Municipality of Bayham Advisory Board and Committee Members rights and responsibilities, including Advisory Board and Committee Member responsibilities pertaining to confidentiality; b) Provide a comprehensive Municipality of Bayham Advisory Board and Committee Accessibility Handbook to all Municipality of Bayham Advisory Board and Committee Members. Additionally, every Advisory Board and Committee Member shall have a clearly identified Advisory Board or Committee Chair and a Council or staff representative who will be available for consultation and support. Section 8 - Advisory Board and Committee Member Responsibilities Advisory Board and Committee Members have the responsibility to fulfill the role of an Advisory Board and Committee Member as outlined in the Municipality of Bayham Advisory Board and Committee Rules of Procedure and Code of Conduct in addition to the following: a) Act as an ambassador of the Municipality of Bayham in the community in an effort to spread knowledge and understanding of the mandate of the specific Advisory Board or Committee; b) Not falsely represent the Municipality of Bayham Advisory Boards and Committees to outside partners, agencies or the public; c) Respect confidences and privacy of the Municipality of Bayham Advisory Boards and Committees; d) Be held accountable for their actions; e) Be wiling to learn and grow in the Advisory Board and Committee position; f) Work cooperatively with Municipality of Bayham Councillors and staff, recognizing and appreciating differences of opinion; g) Be considerate, respect competencies and work as a team with all staff and other Advisory Board and Committee Members; h) Complete the training and/or orientation provided; i) Immediately clarify any uncertainties with the Advisory Board or Committee Chair, Councillor or staff representative; j) Follow all applicable policies, procedures and by-laws established by the Municipality of Bayham. k) Be required to sign a confidentiality statement; 1) Advisory Board and Committee activity participants under the age of eighteen (18) years must be accompanied by an adult (either a parent, guardian, staff person or Advisory Board and Committee Member supervisor); Section 9 - Accessibility The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Ascent on June 13th, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January 1 st, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and AODA has strong enforcement provisions including inspections, orders and significant penalties. While serving on any Municipality of Bayham Advisory Board or Committee, all Municipality of Bayham Advisory Board and Committee Members shall comply with all Municipality of Bayham Accessibility Policies. Municipality of Bayham Advisory Boards and Committees shall also ensure that adequate provisions are made to ensure that Places of Meeting, Agenda and Minute formats, communications and conduct of meetings are accessible, to provide maximum participation. Reference may be made to the provisions of the Municipality of Bayham Accessibility Handbook, a copy of which is attached hereto as Appendix 'D'. Section 10 - Municipal Freedom of Information and Protection of Privacy Act The Municipal Freedom of Information and Protection of Privacy Act applies to all local government organizations, including: a) municipalities e) fire departments b) school boards f) conservation authorities c) public utilities g) boards of health d) transit and police commissions h) other local boards The Municipal Freedom of Information and Protection of Privacy Act requires the Municipality to protect the privacy of an individual's personal information existing in government records and provides a right of access to information held by the Municipality. The Municipal Freedom of Information and Protection of Privacy Act creates a privacy protection scheme the Municipality must follow to protect an individual's right to privacy. The scheme includes rules regarding the collection, use, disclosure and disposal of personal information in the custody and control of the Municipality. The Municipality, as a whole, including Advisory Boards and Committees, are accountable for complying with the Municipal Freedom of Information and Protection of Privacy Act. It is against the law to release any personal information to anyone other than the person that the information is about. As such, all Advisory Board and Committee members must sign the Municipal Freedom of Information and Protection of Privacy Act Confidentiality Statement, attached hereto as Appendix 'E'. The Municipal Freedom of Information and Protection of Privacy Act, Section 48, provides for penalties for contravention of the said Act. Examples of personal information include, but are not limited to, the following information about an identifiable individual: a) race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital or family status; b) education, medical, psychiatric, criminal or employment history; c) financial transactions involving an individual; d) any identifying number assigned to an individual; e) home address, telephone number; f) fingerprints, blood type; g) personal opinions of or about an individual; h) correspondence between an individual and the Municipality of a confidential nature; i) individual's name if it appears with other personal information or disclosure of the name would reveal other personal information. The Municipality of Bayham CAOICIerk is responsible for processing all access requests, gives direction to Municipal staff on informal information requests and implements privacy protection practices. If an Advisory Board or Committee Member is unsure about the requirements pertaining to information or a record in their possession, the Advisory Board or Committee Member should contact the Municipality of Bayham CAOICIerk prior to disclosure of any record or information for instruction. Municipality of Bayham P.O. Box 160 56169 Heritage Line Straffordville, Ontario NOJ 1Y0 Phone: 519-866-5521 Web site: www.bayham.on.ca Section 11 - Municipal Conflict of Interest Act The Municipal Conflict of Interest Act strives to control the actions of elected and appointed Municipal representatives by obliging them to publicly disclose any direct or indirect pecuniary interests they have in a matter before Council, Committee and Advisory Boards or Committees. Conflict of interest legislation is limited to pecuniary interests. The term "pecuniary interest" is not defined in the Municipal Conflict of Interest Act, but includes direct, indirect and deemed pecuniary interests. Its dictionary definition is "to relate to money". The Municipal Conflict of Interest Act captures several scenarios that are not immediately apparent as conflicts; a) A direct or indirect pecuniary interest is a financial interest that an Advisory Board or Committee Member (which includes an Advisory Board or Committee Member's parent, spouse, partner, child (not restricted to a person 18 years of age. It includes natural children, adopted children, and those or treated as child. Accordingly, stepchildren, nephews and nieces, foster children)) or controlling interest in a corporation, has in a matter before an Advisory Committee or Board; b) An Advisory Board or Committee Member who is a partner of a person, or who is in the employment of a person or body that has a pecuniary interest in a matter must declare a conflict of interest; c) Whether the financial interest is positive or negative is immaterial for the purposes of Municipal Conflict of Interest; d) Municipal Conflict of Interest Act lists a number of conflicts of interest that do not need to be declared under the statute. If an Advisory Board or Committee Member has a conflict of Interest the Municipal Conflict of Interest Act requires: a) the Advisory Board or Committee Member to disclose the pecuniary interest; b) the Advisory Board or Committee Member to not influence before, during or after a vote; c) the Advisory Board or Committee Member to not participate in the discussion or decision making; d) the Advisory Board or Committee Member to leave the room, if the matter is dealt with in-camera under the provisions of the Municipal Act, 2001; In the event of an alleged contravention, an elector may bring an application before a Judge of the Ontario Court of Justice for a determination of whether an Advisory Board or Committee Member has contravened the Municipal Conflict of Interest Act. Section 12 - Advisory Board and Committee Member Health and Safety Advisory Board and Committee Members should never be asked to do anything unsafe, and have the right to refuse any request, function or activity they feel is unsafe. The Municipality of Bayham has a wide range of interactions with Advisory Board and Committee Members and therefore expects that different approaches shall apply to different Advisory Board and Committee activities. It is important that approaches be designed within an overall policy framework across the entire Municipality of Bayham. The health and safety of Advisory Board and Committee Members is paramount and will be managed in accordance with the same principles and processes as that of Councillors and staff. All Advisory Board and Committee projects will comply with the Occupational Health and Safety Act and Regulations, and the Municipality of Bayham Occupational Health and Safety Policies. Health and safety instruction and training relevant to the specific Advisory Board and Committees will be provided to Advisory Board and Committee Members based on their specific Advisory Board and Committee Health and Safety Profile, which shall include access to the Municipality of Bayham Health and Safety Policy Manual. Training for Advisory Board and Committee Members shall comprise of a health and safety introduction and specialized training or continuing training as required for each specific Advisory Board and Committee. The introduction shall ensure that Advisory Board and Committee Members understand their duties, rights, responsibilities, health and safety issues and accident and emergency procedures. Advisory Board and Committee Members shall have the following responsibilities: a) Be familiar with the applicable requirements of the Municipality's Health and Safety Policy and the Occupational Health and Safety Act and Regulations, and ensure compliance with the same; b) Take every possible precaution to protect themselves, fellow Advisory Board and Committee Members and the public from health hazards and unsafe situations; c) Properly wear and use personal protective equipment where required; d) Familiarize themselves with the location and operation of all safety equipment including first-aid kits and fire extinguishers; e) Be responsible for the prompt reporting to their Chair, Councillor or staff person of health and safety hazards, unsafe acts or conditions, accident and injuries; f) To not engage in any prank, contest, feat of strength, unnecessary running or rough boisterous conditions. Advisory Board and Committee Members must report all accidents and injuries to their Chair, Councillor or staff person immediately. The Chair, Councillor or Staff person shall notify the Health and Safety Committee of the accident or injury immediately. Advisory Board and Committee Members are prohibited from using or possessing illicit drugs, alcohol or using prescription drugs in any way that is illegal. Municipality of Bayham Advisory Board and Committee Members under the influence of drugs and/or alcohol will not be tolerated, and will result in the Advisory Board and Committee Member's dismissal. Section 13 - Insurance and Liability The issue of liability is based on the principle that people are responsible for their conduct in the course of daily activities. Failure to conduct oneself in a responsible and reasonable manner could result in a tort. A tort is a civil wrong as opposed to a criminal wrong and occurs when negligent conduct results in some injury to others. Negligent conduct can include acts of commission or omission. The resulting damage might be to either person or property. Advisory Board and Committee Members, inclusive of Student, Affiliate and single day volunteers, while acting within a specific Advisory Board and Committee established mandate and under the control and direction of the Council of the Municipality of Bayham are covered by the Municipality of Bayham General Liability Insurance Policy. Advisory Board and Committee Members acknowledge the following: 1. Advisory Board and Committee Members shall not be covered by Workplace Safety Insurance Board coverage. 2. Advisory Board and Committee Members will abide by all applicable Municipal by-laws, policies and rules, as may be amended from time to time. 3. Advisory Board and Committee Members will not use facilities, equipment and property owned by the Municipality without approval of a Municipal staff person, and will not use them for personal purposes. RULES OF PROCEDURE FOR ADVISORY BOARDS AND COMMITTEES OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TABLE OF CONTENTS - ADVISORY BOARD AND COMMITTEE PROCEDURAL BY-LAW MUNICIPALITY OF BAYHAM SECTION TITLE 1 DEFINITIONS AND INTERPRETATION 2 GENERAL PROVISIONS 3 DUTIES OF ADVISORY BOARDS AND COMMITTEES 4 MEETINGS 5 ADVISORY BOARDS AND COMMITTEES 6 AGENDAS AND MINUTES 7 ORDER OF PROCEEDINGS 8 RULES OF DEBATE AND CONDUCT 9 MOTIONS 10 VOTING ON MOTIONS 11 CONDUCT OF AUDIENCE 12 ADMINISTRATION BY-LAW NO. 2017-XXX OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF MUNICIPAL ADVISORY BOARDS AND COMMITTEES OF THE MUNICIPALITY OF BAYHAM AND OF THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.0.2001, c.25 as amended, requires every Municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings; AND WHEREAS the Corporation of the Municipality of Bayham supports and acknowledges the value of Advisory Boards and Committees and there Members; AND WHEREAS the Council for The Corporation of the Municipality of Bayham now deems it advisable to enact a By-law to govern the proceedings of Municipal Advisory Boards and Committees, the conduct of its Members and the calling of Meetings, and to provide for procedures and statutory requirements in accordance with the Act; NOW THEREFORE the Council for The Corporation of the Municipality of Bayham enacts as follows: Section 1 — DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different meaning: "Advisory Board or Committee" shall mean a board or committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. "CAOICIerk" shall mean the CAOIClerk of the Municipality of Bayham. "Chair" shall mean the Member appointed as such by the Advisory Board or Committee. "Council" shall mean the Council of The Corporation of the Municipality of Bayham. "Councillor" shall mean a person elected or appointed as a Member of Council but does not include the Mayor. "Delegation" shall mean a person or group of persons desiring to verbally present information or to make a request to the Advisory Board or Committee. "Mayor" shall mean the Head of Council for the Municipality. "Meeting" shall mean any Meeting of the Advisory Board or Committee. "Member" shall mean a Member an Advisory Board or Committee of the Corporation of the Municipality of Bayham. "Motion" shall mean a question or proposal to be considered by the Advisory Board or Committee and which is moved and is subject to debate. When a Motion is adopted, it becomes a Resolution. "Municipal Act" shall mean the Municipal Act, 2001,(S.O.2001, c. 25), as amended or replaced from time to time. "Pecuniary Interest" shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter M.50, as may be amended. "Point of Order" shall mean a statement made by a Member during a Meeting drawing to the attention of the Chair a breach of the Rules of Procedure. "Point of Privilege" shall mean the raising of a question that concerns a Member, or all of the Members of Council, when a Member believes that his rights, immunities or integrity or the rights, immunities or integrity of the Advisory Board or Committee as a whole have been impugned. "Presiding Member" shall mean the Chair of the Meeting. "Quorum" shall be as defined in Section 4.8 of this Procedural By-law. "Resolution" shall mean a formal expression of opinion or intention by and Advisory Board or Committee. "Rules of Procedure" shall mean the rules and requirements contained within this Procedural By-law. "Secretariat" shall mean the person elected by the Advisory Board or Committee responsible for the preparation of Agendas and taking of Minutes for the Advisory Board or Committee "Municipality" shall mean the Corporation of the Municipality of Bayham. "Vice Chair" shall mean such Member of an Advisory Board or Committee who has been elected to act in the place and stead of the Chair when such Chair is absent from a meeting of the Advisory Board or Committee for any cause and who shall exercise all the rights, power and authorities of the Chair. "Website" shall mean the Municipality of Bayham website address identified as www.bayham.on.ca Section 2 - GENERAL PROVISIONS 2.1 Applicability 2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Advisory Board and Committee Meetings and shall be the rules and requirements which govern the order of their business. 2.1.2 This By-law applies to the creation, amendment and dissolution of Advisory Boards and Committees and to appointments for representation of the public, Staff and Members of Council as authorized by Council on Advisory Boards and Committees. 2.1.3 This by-law outlines a fair and equitable approach and process for the establishment and operation of Advisory Boards and Committees. 2.2 Issue not Addressed 2.2.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be decided by the Chair or Vice Chair, subject to an appeal to the Advisory Board or Committee, as the case may be. 2.2.2 All points of order or procedure not provided for in these Rules of Procedure shall be decided in accordance with the rules of procedure known as Robert's Rules of Order. 2.4 Communication Devices 2.4.1 All communication devices shall be switched to 'silent' upon entering the location where any Council or Committee Meeting is being held. Section 3 - DUTIES OF ADVISORY BOARDS AND COMMITTEES 3.1 Duties of the Chair 3.1.1 It shall be the duty of the Chair to carry out the following responsibilities: a) to open the Meeting of the Advisory Board or Committee by taking the Chair and calling the Members to order; b) to announce the business before the Advisory Board or Committee in the order in which it is to be acted on; c) to receive and submit, in the manner prescribed by this Procedural By-law, all Matters of Business presented by Members; d) to recognize any Member who wishes to speak and to determine the order of the speakers; e) to put to vote all questions which are regularly moved or necessarily arise in the course of the proceedings and to announce the results; f) to participate as an active and voting member, encouraging active participation by all Advisory Board and Committee members; g) to decline to put to vote motions which contravene the provisions of this Procedural By-law; h) to enforce the provisions of the Procedural By-law; i) to enforce on all occasions, the observance of order and decorum among the Members; j) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the place of Meeting; k) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting; 1) to authenticate, by signature, all Meeting minutes; m) to rule on any points of order raised by Members; n) to represent and support the decisions of the Advisory Board or Committee, declaring its will and explicitly and implicitly obeying its decisions in all things; o) to be the point of contact with Council, staff and any media relations; p) to review the goals and objectives of the Advisory Board or Committee and ensure the work plan is realistic, up-to-date and being followed; q) to recognize workload limitations of the Advisory Board or Committee; r) to adjourn the Meeting when the business is concluded. 3.2 Duties of the Vice Chair 3.2.1 Where the Chair gives notice that he will be absent from the Advisory Board or Committee, or of his absence through illness, or he refuses to act, then the Vice Chair shall act in his place and instead of the Chair and, while so acting, has and may exercise all the rights, powers and authority of the Chair. 3.3 Duties of the Members of Advisory Boards and Committees 3.3.1 It shall be the duty of the Members to carry out the role of the Advisory Board or Committee as set forth in the Advisory Board or Committee mandate, in addition to the following responsibilities: a) to deliberate on the business submitted to the Advisory Board or Committee; b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law; c) to apply and respect the Rules of Procedure; d) to attend all scheduled and special Advisory Board or Committee meetings, sending regrets otherwise; e) to understand his role and expectations, including all applicable Municipality Policies; f) to follow the agenda and stay focused on the topic at hand; g) to understand and follow the mandate of the Advisory Board or Committee, including its relationship to Council; h) to understand and respect the role and expectations of all participants; i) to develop and maintain a climate where mutual support, trust, respect, courtesy, teamwork, creativity and a sense of humour are valued; j) to maintain a high degree of professionalism, discharging all duties with honour and integrity in order that the member may merit the trust and confidence of the citizens of the Municipality of Bayham, Council and staff; k) to respect the individual worth and dignity of other members and, at all times, work together to achieve a common vision for the community, utilizing the diverse knowledge, expertise and talents of all members to optimal advantage; 1) to challenge ideas and not people, creating a climate where it is okay to disagree; m) to communicate directly, concisely and honestly, listening without interruption, and be open-minded, allowing a variety of opinions to be heard; n) to work effectively with the administration to provide excellent service to residents, recognizing the professional obligations of staff as an employee of the Municipality and not intervening in administrative practices; o) to respect that resolutions made shall reflect the majority view of the Advisory Board or Committee; p) to respect that decisions of Council are final and accurately communicate the decisions of Council even if they disagree with the majority decision of the Advisory Board or Committee; q) to respect confidential information; r) to attend any training session for Members. 3.3.2 Members shall adhere to the Advisory Board and Committee Code of Conduct attached hereto as Schedule "A", as adopted by Council and as amended from time to time. 3.3.3 Advisory Boards or Committees may appoint Affiliate or Student Members from time to time. Affiliate or Student Members shall be bound by Sections 3.3.1 and 3.3.2 of this Procedural By-law; however, Affiliate and Student Members shall have no voting privileges. 3.4 Duties of the Council Members and Staff on Advisory Boards and Committees 3.4.1 It shall be the duty of Council Members and staff appointed to Advisory Boards and Committees to carry out the role of the Member as set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the following responsibilities: a) to contact Advisory Board or Committee Chairs if issues or concerns related to Members or staff arise and ensure conflict resolution mechanisms are employed, where appropriate; b) to assist the Advisory Board or Committee by offering policy advice on matters within the purview of the Advisory Board or Committee; c) to assist the Chair in preparing any reports or action items. 3.4.2 Council Members and staff shall only vote if the Terms of Reference or mandate of the individual Advisory Board or Committee permit. 3.5 Duties of the Secretariat of Advisory Boards and Committees 3.5.1 It shall be the duty of the Member elected as Secretariat to the Advisory Board or Committee to carry out the role of the Member as set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the following responsibilities: a) to prepare agendas including relevant resolutions in cooperation with the Chair; b) to electronically distribute agendas to Members before a meeting; c) to arrange for or set up of meeting areas, giving consideration to the nature of the matters to be discussed, any audio-visual requirements, attendance by the public and ensuring accessibility for all in compliance with the Municipality Accessibility for Ontarians with Disabilities Act Handbook; d) to arrange for attendance of invited guests at meetings, in conjunction with the Chair; e) to record when the meeting started and adjourned; f) to record the Members present and absent; g) to take minutes, recording a summary of the discussion for each item, actions to be taken and recommendations, including the names of the movers of motions; h) to finalize minutes for distribution. Section 4 - MEETINGS 4.1 Place of Meeting 4.1.1 Unless otherwise directed by the Advisory Board or Committee, all Meetings shall be held in Municipal facilities. 4.2 Inaugural Meeting 4.2.1 The Inaugural Meeting of the Advisory Board or Committee shall be held at a time determined by the Council or staff Member appointed to the Advisory Board or Committee. 4.2.2 The Advisory Board or Committee Council or staff Member shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto. 4.3 Regular Meetings 4.3.1 Regular Meetings of Advisory Boards and Committees shall be held on a set schedule with fixed start times to be determined by the Advisory Board or Committee at its Inaugural Meeting, which schedule will be provided to the CAOICIerk immediately following the Inaugural Meeting. 4.3.2 Where a change is made to the day and time of an Advisory Board or Committee Meeting, the Chair shall give notice of the change to all Members via email. 4.6 Meetings Open to Public 4.6.1 Subject to Section 4.7 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.6.2 The Chair may request that members of the public vacate the Place of Meeting if their behaviour is deemed to be disruptive to the business at hand. The Chair may unilaterally suspend the Meeting until order is restored in the Place of Meeting. 4.7 Closed Meetings 4.7.1 Except as otherwise provided herein, all Meetings shall be open to the public. 4.7.2 The Advisory Board or Committee may, by resolution, close a Meeting or part of a Meeting to members of the public if the subject matter being considered is: a) the security of the property of the Municipality or Local Board; b) personal matters about an identifiable individual, including Municipal and Local Board Employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which the Council is authorized by another provincial statute to hold a closed meeting; h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 4.7.3 A motion by the Advisory Board or Committee, to close a Meeting or part of a Meeting to the public shall state: a) the fact of the holding of the closed Meeting; b) the general nature of the subject matter to be considered at the closed Meeting. 4.7.4 Where a Meeting or part of a Meeting is closed to the public, the Advisory Board or Committee shall request those persons not specifically invited to the closed Meeting to vacate the Place of Meeting. 4.7.5 A Meeting or part of a Meeting shall not be closed to the public during a vote. 4.7.6 The Motion to rise from "In Camera" shall include the time that the Advisory Board or Committee arose. 4.7.7 The Secretariat shall record without note or comment all resolutions, decisions and other proceedings at a Meeting of the Advisory Board or Committee when it is closed to the public. 4.7.8 Members shall ensure that confidential matters disclosed to them during closed Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Advisory Board and Committee Code of Conduct. 4.8 Quorum 4.8.1 Quorum shall be a simple majority of the total Advisory Board or Committee Members, including any vacancies. Subcommittees and Working Groups are subject to quorum rules Advisory Boards and Committees may appoint working group and sub committiees). 4.8.2 If a Quorum is not present within thirty (30) minutes after the time appointed for the Meeting, the Secretariat shall record the names of the Members present and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law. 4.9 Adjournment - Due Hour 4.9.1 Except as provided in Section 9.1.16 of this Procedural By-law, a Regular or Special Meeting of an Advisory Board or Committee shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such other day and time as the Advisory Board or Committee, by resolution, may direct. 4.10 Cancellation of Meeting 4.10.1 The Chair or the Vice Chair, in the Chair's absence, or the Secretariat, in the absence of both the Chair and Vice Chair, may cancel any Meeting of the Advisory Board or Committee if he is of the opinion that weather conditions or an emergency warrant. The Chair shall inform as many Members as he is able to reach, and any persons that are scheduled to be in attendance. 4.10.2 Postponement of the Meeting shall not be for any longer than the next regularly scheduled Meeting of the Advisory Board or Committee. 4.11 Accessibility 4.11.1 Adequate provisions shall be made by the Chair to ensure that Places of Meeting, Agenda and Minute formats, communications and conduct of meeting are accessible, to ensure maximum participation. Reference may be made to the provisions of the Municipality of Bayham Accessibility Handbook. Section 5 — ADVISORY BOARDS AND COMMITTEES 5.1 Establishment of Advisory Boards and Committees 5.1.1 Advisory Boards and Committees are proposed by resolution of Council and established by by-law. Each by-law shall incorporate the mandate for the specific Advisory Board or Committee. Prior to Council's establishment of any Advisory Board or Committee staff shall submit a report to Council including the following information: a) inventory of previous and existing activities related to the matter, including public consultation initiatives; b) membership composition and level of expertise or specialization required by committee members for the selection process; c) orientation, training and facilitation needs. 5.2 Review of Advisory Boards and Committees 5.2.1 Council may review all Advisory Boards and Committees and their respective mandates at any time during the term of Council. The CAOICIerk shall assist in this effort by providing an overview of all Advisory Boards and Committees when requested. 5.2.2 Council may abolish an Advisory Board or Committee at any time during the term of Council with fully substantiated reasoning. 5.3 Orientation Sessions 5.3.1 Orientation sessions shall be conducted for Advisory Board and Committee appointees at the beginning of each term of Council. All Members benefit from orientation. Further sessions may be conducted for appointees during the term of Council, as required. Electronic orientation handbooks will be distributed to all Members for reference purposes. 5.4 Appointment Process for Advisory Board and Committee Members 5.4.1 Where a Provincial Statute prescribes the type of appointments to be made by the Municipality to a given Advisory Board or Committee, the Statute shall be complied with. 5.4.2 Where the Municipality makes appointments to Advisory Boards or Committees of its own creation the vacancies for citizen appointments shall be publicly advertised on the Municipality of Bayham website. 5.4.3 To apply to serve as a Member on a Municipality Advisory Board or Committee, interested individuals shall be invited to apply and submit an application, which is available on the Municipality of Bayham website. These appointments enable local citizens from various backgrounds to participate in local government and voluntarily give their time and expertise to help formulate the direction of certain programs. 5.4.4 All appointments to Advisory Boards or Committees shall be subject to compliance with the Municipality Advisory Board and Committee Policy, inclusive of all screening requirements. 5.4.5 The duration of Advisory Board or Committee appointments are the same as the term of Council. While appointees may serve on more than one Advisory Board or Committee, Council shall give the first consideration to individuals who are not already appointed to another Advisory Board or Committee. 5.5 Elections 5.5.1 The Chair, Vice-Chair and Secretariat shall be elected to a term as agreed upon by the Advisory Board or Committee at the Inaugural Meeting. 5.5.2 Election shall be by show of hands, with each member receiving one vote. 5.5.3 The Council Member or staff are not eligible to serve as Chair or Vice Chair. 5.6 Resignation and Dismissal Process 5.6.1 Advisory Board and Committee members wishing to resign their appointment shall submit a letter of resignation which shall be forwarded as soon as possible to the CAOICIerk. 5.6.2 Council may, with or without the advice of the Advisory Board or Committee, and with a supporting rationale, make changes to the Advisory Board or Committee membership. 5.7 Attendance Management 5.7.1 After two consecutive absences by any Member at regularly scheduled meetings, the following process shall be followed: a) The Council Members shall informally contact the absent Member to determine if they plan to attend the next regularly scheduled meeting, noting any reasonable or compassionate circumstances which would prohibit their attendance. b) If no reasonable or compassionate response is given, the Council Members shall inform the absent Member that if they are absent from the next regular meeting (the third meeting), the Advisory Board or Committee shall declare their seats vacant and recommend to Council the removal of the Member. c) If the Council Member is unable to reach the absent member or if there was no reasonable or compassionate grounds for absences given at the time of preparing the Agenda for the third meeting: i) The Secretariat shall include the item "Absentee Member" on the Agenda under the Matters of Business heading. ii) Upon consideration of the item, the Secretariat shall briefly identify the requirements of the Advisory Board and Committee Procedural By-law and the name of the absent Member. iii) The Advisory Board or Committee shall recommend to Council the absent Member's seat be declared vacant. d) Removal from Advisory Board or Committee Membership shall be made by resolution of Council. Council may, by resolution, based on evidence of absenteeism due to compassionate or reasonable grounds waive the attendance requirements of the Advisory Board and Committee Procedural By-law. Section 6 - AGENDAS AND MINUTES 6.1 Advisory Board and Committee Agenda 6.1.1 The Secretariat shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at Meetings of the Advisory Board or Committee: Call to Order Disclosures of Pecuniary Interest Delegations Adoption of Minutes Matters of Business Adjournment 6.1.2 The Agenda shall be emailed to each Member no later than two days preceding the commencement of the Regular Advisory Board or Committee Meeting in question. 6.1.3 The business of the Advisory Board or Committee shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 6.2 Meeting Minutes 6.2.1 Meeting structure, Agenda and Minute formats should meet the individual needs of Advisory Boards and Committees, while ensuring consistency, completeness and accountability. An Advisory Board or Committee may choose to follow a more informal procedure and allow for a consensus approach to discussion. It is recommended that the following components be included in Agendas, where specific subject items are described in each component and the use of the minute template, as approved by the CAOICIerk. 6.2.2 The Secretariat shall cause the Minutes to be taken of each Meeting of the Advisory Board or Committee, whether it is closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting; b) the name of the Presiding Officer or Officers and the record of attendance of the Members; should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted; c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes of prior Meetings; and e) all resolutions, decisions and all other proceedings of the Advisory Board or Committee, without note or comment. 6.2.3 The Minutes of each Advisory Board or Committee shall be presented to the Members for confirmation at the next Regular Meeting. Section 7 - ORDER OF PROCEEDINGS 7.1 Call to Order 7.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Chair shall call the Members present to order. 7.1.2 If the Chair does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a Quorum is present, the Vice Chair shall preside over the Meeting and shall exercise all duties and responsibilities of the Chair as outlined in this Procedural By-law until the Chair is present at the Meeting and able to perform his responsibility to assume the chair. 7.1.3 If the Vice Chair is also not present within fifteen (15) minutes after the time set for the Meeting and a Quorum is present, the Secretariat shall call the Meeting to order, and the Members present shall appoint a Presiding Member who shall act as Chair of the Meeting until the arrival of the Chair or Vice Chair, whoever is the first to arrive and is able to assume the chair. 7.2 Disclosures of Pecuniary Interest 7.2.1 Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting of the Advisory Board or Committee at which the matter is the subject of consideration, the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 7.2.2 Where the Meeting is not open to the public, in addition to complying with the requirements of Section 7.2.1 of this Procedural By-law, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration. 7.2.3 Where a Member is absent from a Meeting which includes a matter for which the Member has a pecuniary interest, the Member shall disclose this interest and otherwise comply at the first Meeting of the Advisory Board or Committee attended by him after the particular Meeting. 7.3 Delegations 7.3.1 Delegations shall be permitted to speak on a matter only once within a six (6) month period and shall be limited to speak for no more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may be decided, without debate, by a majority of the Members present. Where a delegation consists of a group of three or more persons, the group may address the Advisory Board or Committee for no more than fifteen (15) minutes. 7.3.2 No Delegation shall: a) speak disrespectfully of any person; b) use improper language or unparliamentarily language; c) speak on any subject other than the subject for which they have received approval to address the Advisory Board or Committee; or d) disobey the rules of procedure or a decision of the Chair. 7.3.3 The Advisory Board or Committee may refuse to hear delegations when, in the opinion of the Advisory Board or Committee, the subject of the presentation is beyond the jurisdiction of the Advisory Board or Committee. 7.4 Matters of Business 7.4.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of another Agenda heading, shall be disposed of during this portion of the Meeting. 7.4.2 Items of business requiring the direction of the Advisory Board or Committee or a formal resolution will appear under this heading in the Agenda. These matters should generally pertain to information items and can include correspondence and Members' Reports. 7.4.3 All Matters of Business intended to be presented to the Advisory Board or Committee shall be legibly written or printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Secretariat before it is presented to the Advisory Board or Committee 7.4.4 All matters to be considered under this heading of the Agenda shall be received by the Secretariat no less than five (5) days prior to the Advisory Board or Committee Meeting date. 7.5 Adjournment 7.5.1 See Section 9.1.14 of this Procedural By-law Section 8 - RULES OF DEBATE AND CONDUCT 8.1 Duties and Conduct 8.1.1 Advisory Boards and Committees work on behalf of Council for the citizens of the Municipality of Bayham. Advisory Boards and Committees may consult with community stakeholders or engage in activities that puts Members in direct contact with citizens and various organizations. Members shall reflect a professional and courteous manner when interacting with the public. Should a Member exhibit a pattern of inappropriate conduct, the Advisory Board or Committee or staff may request that Council rescind the Member's appointment. 8.1.2 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; b) use offensive words or unparliamentarily language or speak disrespectfully against the Advisory Board or Committee, against any Member or against any officer or employee of the Municipality of Bayham; c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the Meeting, on questions of Points of Order or procedure or upon the interpretation of the Rules of Procedure except where the ruling of the Chair is reversed by the Advisory Board or Committee pursuant to subsection 8.6.2. If a Member persists in any such disobedience after having been called to order, the Chair shall forthwith order that Member to vacate the Place of Meeting, but if the Member apologizes, he may, by majority vote of the Members, be permitted to retake his seat; e) speak in a manner that is discriminatory in nature based on an individual's race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; f) where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person. 8.2 Address the Chair 8.2.1 Any Member desiring to speak shall signify a desire to speak in such manner as the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only. 8.3 Order of Speaking 8.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next recognize in order the other Members. 8.4 Point of Privilege 8.4.1 Where a Member considers that his integrity or the integrity of the Advisory Board or Committee as a whole has been impugned, the Member may, on a Point of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of the Advisory Board or Committee to the matter. 8.4.2 When a Member is permitted to raise such matter of privilege, it shall take precedence over other matters, but the Member shall not be permitted to enter into any argument or introduce any Motion related to the Point of Privilege. 8.4.3 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final. 8.5 Point of Order 8.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair and the Chair shall then decide upon the Point of Order and advise the Member of the decision. 8.6 Appeal of Ruling of Chair 8.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the Member does not appeal immediately thereafter to the Advisory Board or Committee the decision of the Chair shall be final. 8.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal immediately to the Advisory Board or Committee otherwise the decision of the Chair is final. 8.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by the Advisory Board or Committee, without debate on the following question: "Will the ruling be sustained?", and the decision of the Advisory Board or Committee is final. The Chair may vote on this question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be sustained. 8.7 Members Speaking 8.7.1 When a Member is speaking, no other Member shall pass between the Member and the Chair, or interrupt the Member except to raise a Point of Order. Section 9 - MOTIONS Reading 9.1.1 All motions must be introduced by a mover before the Chair may put the question or motion on the floor for consideration. Withdrawn 9.1.2 After a motion is properly moved, it shall be deemed to be in possession of the Advisory Board or Committee, but may be withdrawn by the mover at any time before decision or amendment. No debate until properly moved and seconded 9.1.3 No Member shall speak to any motion until it is properly moved, and the mover is entitled to speak first if the Member so elects. Motion ruled out of order 9.1.4 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the Chair shall rule the motion out of order. Not within jurisdiction of Council 9.1.5 A Motion in respect of a matter which requires the exercise of a legislative power by the Advisory Board or Committee which is not within its jurisdiction shall not be in order at a Meeting the Advisory Board or Committee. Motion to Amend 9.1.6 A motion to amend: a) shall be presented in writing if requested by the Chair; b) shall relate to the subject matter of the main motion; c) shall not be received proposing a direct negative to the question; and d) shall be put to a vote in reverse order to the order in which the amendments are made. 9.1.7 Only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion. Motion to table 9.1.8 A motion simply to table is not debatable except where instructions are included, in which case, only the instructions shall be debatable. Such motion cannot be amended. 9.1.9 The matter tabled shall not be considered again by the Advisory Board or Committee until a motion has been made to lift from the table the tabled matter at the same or subsequent Meeting. 9.1.10 A motion to lift a tabled matter from the table is not subject to debate or amendment. Reconsideration 9.1.11 A resolution or any question or matter which has been adopted previously by the Advisory Board or Committee may be reconsidered by the Advisory Board or Committee subject to the following: a) a majority of the Advisory Board or Committee agree to such reconsideration by Resolution. Only a Member who voted thereon with the majority may make a Motion to Reconsider; b) such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration; d) if a Motion to Reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on; and e) a vote to reconsider a particular matter or decision will not be considered more than once during the term of the Advisory Board or Committee. Motion to recess 9.1.12 A motion to recess shall provide for the Advisory Board or Committee to take a short intermission within a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted. 9.1.13 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not in order when another motion is on the floor. Motion to Adjourn 9.1.14 A motion to adjourn is not debateable or amendable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or d) when a Member has indicated to the Chair his desire to speak on the matter before the Advisory Board or Committee. 9.1.15 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the Advisory Board or Committee to an end. 9.1.16 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and c) shall require the support of two-thirds (2/3) of the Members present and voting. Section 10 - VOTING ON MOTIONS Unrecorded Vote 10.1 A simple majority vote of the Members present shall be followed. Recorded votes shall not be permitted. 10.2 The manner of determining the decision of the Advisory Board or Committee on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise. 10.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question. 10.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative. 10.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that question. 10.6 Each Member has only one vote. 10.7 The Chair shall announce the result of every vote. Section 11 - CONDUCT OF THE AUDIENCE 11.1 Members of the public who constitute the audience in the Advisory Board or Committee Place of Meeting, during a Meeting, shall respect the decorum of Advisory Boards and Committees, maintain order and quiet and may not: a) address the Advisory Board or Committee without permission; b) interrupt any speaker or action of the Members or any person addressing the Advisory Board or Committee; c) speak out; d) applaud; e) behave in a disorderly manner; or f) make any noise or sound that proves disruptive to the conduct of the Meeting. 11.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Place of Meeting. 11.3 The Chair may request that a Member or Members of the public vacate the Place of Meeting if his behaviour is deemed to be disruptive to the business at hand. Section 12 - ADMINISTRATION 12.1 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular includes the plural, and vice-versa, as the context requires. 12.2 This By-law shall be administered by the CAOIClerk. 12.3 This By-law shall come into full force and effect on the 21 day of December, 2017. 12.4 The short title of this By-law is the "Advisory Board or Committee Procedural By-law" READ A FIRST, SECOND and THIRD time and finally passed on the 21 day of December, 2017. Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Joint Cemeteries Board Statutory- Discretionary Statutory Funeral, Burial and Cremation Services Act, 2002 Municipal of Ba ham Cemeteries Regulatory By-law Acronym BJCB Mandate To co-ordinate and support the efforts in pursuing consistency among the Bayham Cemetery Boards, and ensuring compliance with the requirements of the Funeral, Burial, Cremation Services Act, 2002 (FBCSA) and Regulations, as amended from time to time. Sub-Committees forming Individual Boards shall be established to be responsible for the maintenance and operation of each of the following cemeteries in the Municipality of Bayham and be known as: The Straffordville Cemetery Board The Smuck Cemetery Board The Eden Cemetery Board The Calton Cemetery Board The Guysboro Cemetery Board The Dobbie Cemetery Board The Best Cemetery Board The Bayham West Cemetery Board The Sub-Committee Boards may initiate and undertake other projects, in regard to cemeteries without any individual Board structure, either individually or jointly. Other Municipal Cemeteries acknowledged as having no individual board structure at this time include: Light Edison Claus Stanton Firby Old Eden Old Richmond (Godwin) Otter Valley Estherville (also know as Otter Valley Baptist & Old Port Burwell) Amerman Abandoned Hemlock Creek Hutchison Composition Nine (9) members of the public Council Representation One (1) Member of Council — no voting privileges Staff Representation One 1 Staff person — no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Harbourfront Advisory Committee Statutory- Discretionary Discretionary Acronym HFC Mandate The Harbour Front Committee (HFC)will provide advisory support to Council in regard to the promotion, improvement and development of the Bayham harbourfront area and related infrastructure. The Committee will work towards the creation of a vibrant harbourfront area to promote a strong economic base with enhanced tourism and inclusion of natural and heritage resources, within the financial realities of the Municipality of Bayham. The Committee will provide advisory recommendations to Council for the promotion, improvement and development of the harbour area with the goal to contribute to employment opportunities, community renewal, beautification and recreational opportunities. The Committee will work closely with other related groups and agencies including but not limited to the County of Elgin Economic Development Department, Port Burwell Provincial Park and Otter Valley Naturalists. Composition Nine 9 members of the public Council Representation One (1) Member of Council —full voting privileges Staff Representation One 1 Staff person — no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Museums Bayham Board Statutory- Discretionary Discretionary (By-law No. 2006-082, Collections & Records Management Policy, By-law No. 2006-083, Education Policy, By-law No. 2007-018, Staff Training Policy) Acronym MB Mandate Museums Bayham exists to educate the citizens of Bayham and the community beyond about the history of the Bayham area, subject to budgetary requirements and limits as approved by the Council of the Municipality of Bayham, following the procedures and policies approved by Bayham Council. This includes Port Burwell and its lighthouse in relation to the local and marine heritage of the Great Lakes, and also Vienna's Canadian connection to the Thomas Alva Edison family heritage, fostering an appreciation for the relationship of Bayham's past to its present and future development. To this end, Museums Bayham collects, records, preserves, researches, shares, promotes and presents exhibits and interprets documents and artifacts related to the history of Bayham, in accordance with the financial realities of the Corporation of the Municipality of Bayham. The premises known municipally as 20 Pitt Street and 17 Robinson Street and known as the Port Burwell Marine Museum and Lighthouse, respectively, shall continue to be maintained and identified as the Port Burwell Marine Museum and Lighthouse. The Marine Museum and Lighthouse have been established to serve the inhabitants of Port Burwell and the Bayham area, with a strong appeal to tourists visiting the region. The museum collection will focus on marine documentation and artifacts that illustrate the relationships between marine life on the Great Lakes together with domestic and commercial life of the Village as a port on Lake Erie. The premises known municipally as 14 Snow Street, and known as the Edison Museum of Vienna shall continue to be maintained and identified as the Edison Museum of Vienna. The Edison Museum has been established to promote recognition of the extent and impact of Thomas Alva Edison, the inventor, on the local area, and worldwide, by his many inventions and family artifacts on display, and promote and preserve the historical artifacts and records of the Bayham area and its inhabitants. Service and Operation Programming The Board with assistance of Staff will be responsible for the preparation and review of policies and procedures for service, operation, programming, and long- term planning goals for the museums. Artifacts Ownership of any and all donated items lies with the Municipality of Bayham, who will provide adequate insurance coverage including on-loan items, subject to consideration of Council considering recommendations of the Board. Acquisition, disposal, and records of documents, objects and artifacts will be governed by the Museums' collection development and management policy as adopted by the Council of the Municipality upon recommendation of the Board. Ownership by the Municipality of Bayham may be assigned to its successors, administrators and assigns absolutely. Displays and exhibits will be approved by the Board. Finance and Budgeting The Board in communication with the appropriate staff, will prepare, review and submit annual operating budget requirements, including long-term capital projects, to the municipal administration, for Council's consideration and approval annually as required. The Board will monitor the budgets throughout the year. Reserves/Reserve Funds may be established as approved by Council through the budget process. Bequests and financial donations will be accounted for through Municipal administration. Purchasing Purchasing is to be coordinated through staff in accordance with the Municipal Procurement By-law. Any such purchases must be within the Budgets established and approved by Council, and must be approved by the Board. A Petty Cash Fund(s) may be permitted at the discretion of the Board. Such petty cash fund will be administered by staff. Human Resources The Museums and staff shall be governed by Council through the CAOICIerk in accordance with municipal policies and procedures. The Board will provide general direction of staff at the museums, assisted by municipal staff as appropriate, within the guidelines of the annual budget and personnel policy, as approved by Council. Special Events and Exhibits The Board, with assistance of museum staff and volunteers, may undertake special events, displays, and exhibits at its discretion, within the guidelines of the annual operating budget as approved by Council. Fundraisinq and Donations The Board, with assistance of museum staff and volunteers, will undertake and promote fundraising and donation programs to the best of its ability. Such programs may be for general operating assistance or special programs/capital projects (approved by Council). All accounts shall be accounted for through Municipal administration. Facility Management The Board will provide input/information to municipal administration for the Capital and Operating needs of Museum facilities. Such needs shall be considered in the preparation of budgets presented to Municipal Council. Composition Eleven (11) members, including six (6) community members, one (1) member from the Port Burwell Historical Society, one (1) member from the Bayham Historical Society, one (1) expert representative from a professional heritage facility (active or retired), if possible. Council will endeavor to provide membership from the Bayham community that will support the mandate and success of both museum facilities. Council Representation One 1 Member of Council — no voting privileges Staff Representation One 1 Staff person — no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 $AYHA t �pAoi.tu TS�O.`'`�� nifty Corporation of the Municipality of Bayham Advisory Board & Committee Member Application Form I am interested in participating as a volunteer on the following boards and/or committees : Explain why you would like to serve on each board or committee identified above, including any skills or experience which would be of value to the committee or board: Do you have any experience volunteering? DYES ONO if Yes, in what capacity: We want to ensure persons with disabilities are able to participate on municipal committees. If you have a disability, what accommodations, if any, would you need to carry out this position? Please provide any additional information which may be of assistance in the selection process. Applicants Signature: Date: Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility Request for Alternate Formats Form at www.bavham.on.ca or contact the Accessibility Coordinator at 519-866- 5521 or at accessibility(a)bayham.on.ca. NOTE: Personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act c.M56 s.29(2) and will be used to appoint citizen members to municipal boards, or committees. Information on this form will be disclosed to the public for candidate selection purposes. Questions about this collection should be directed to the Municipal Clerk at the address indicated at the top of the application. ,V,AYHA.1�? p�'poitu IS�o��S nity Corporation of the Municipality of Bayham Advisory Board and Committee Member Confidentiality Statement The Municipality of Bayham and its Boards, Committees, Volunteers and Employees adhere to the requirements of the Municipal Freedom of Information and Protection of Privacy Act, I, am an Advisory Board or Committee Member serving as a volunteer citizen member of the Corporation of the Municipality of Bayham. I HEREBY ACKNOWLEDGE AND UNDERSTAND THE FOLLOWING: THAT the Municipal Freedom of Information and Protection of Privacy Act provides that all persons appointed or chosen under the authority of a municipal council are governed by the said Act and includes citizen members of boards, committees and volunteers appointed by Council from time to time; THAT the Municipal Freedom of Information and Protection of Privacy Act, Section 48, provides for penalties for contravention of the said Act; I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT in the course of carrying out my volunteer role, I may have access to and may be dealing with records containing confidential information and/or personal information which reveals the identity of the person who is the subject of the record or identify a person who has provided information about the subject of the record; HEREBY AGREE to hold such information confidential and, except as may be legally required, will not disclose or release it to any person at any time without proper consent or authorization; FURTHER AGREE to take appropriate security measures to prevent unauthorized access to confidential information. DATED at the Municipality of Bayham this day of , 20_ Signature: Witness: Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866-5521 ext. 209 or at accessibility(c-bayham.on.ca. Accessibility Standards Training for Volunteers The Municipality of Bayham is committed to creating and maintaining an accessible and inclusive community for all residents.To do this, we must recognize and acknowledge the diverse needs of our residents, including the needs of people with disabilities. On July 1, 2011,the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) under the Accessibility for Ontarians with Disabilities Act, 2005, was enacted into law. Each regulation requires the Municipality to train all of its employees,volunteers, and third party contractors on the Regulation and the Ontario Human Rights Code, as it relates to people with disabilities. Ontario Human Rights Code Under the Ontario Human Rights Code, the Municipality has a legal obligation to accommodate any person with a disability, regardless of whether they are an employee, volunteer or resident. It is important to provide accessible formats, communication supports or workplace accommodations in a timely and efficient manner upon request. Accessible Customer Service Service Animals Service animals are allowed in all parts of municipally owned or operated facilities in areas that are open to the public. If an animal is excluded by law,the Municipality is not required to allow the animal entrance into its facilities. A service animal is categorized by the following: (a) the animal can be readily identified as one that is being used by the person for reasons relating to the person's disability, as a result of visual indicators such as the vest or harness worn by the animal; or (b) the person provides documentation from one of the following regulated health professionals confirming that the person requires the animal for reasons relating to the disability: (i) A member of the College of Audiologists and Speech-Language Pathologists of Ontario. (ii) A member of the College of Chiropractors of Ontario. (iii) A member of the College of Nurses of Ontario. (iv) A member of the College of Occupational Therapists of Ontario. (v) A member of the College of Optometrists of Ontario. (vi) A member of the College of Physicians and Surgeons of Ontario. (vii) A member of the College of Physiotherapists of Ontario. (viii) A member of the College of Psychologists of Ontario. (ix) A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario. Support Persons The Municipality welcomes individuals to be accompanied by a support person to Municipal programs and services. The Municipality will waive admission fees for the support person, where applicable. The individual needs to make this known to Municipal staff or volunteers; otherwise admission fee will be charged. Service Disruption If a Municipal service is temporarily disrupted, it is the Municipality's responsibility to provide notice to the public. Notice of disruption must include the following information: the reason for the disruption, how long it is expected to be unavailable and if there is a way to provide an alternative service. This information should be posted in a conspicuous area within the facility and on the Municipality's website. General Requirements Establishment of Policies, Procedures and Best Practices Municipal Council approved the Corporate Accessibility Policy.The policy provides direction and guidance to staff on how the Municipality will comply with the standards and the various requirements. Accessibility Plans The Municipality's multi-year accessibility plan provides a high-level overview of the actions staff will undertake to meet all of the Municipality's compliance obligations. It can also be found on the Municipality's website. Procuring or Acquiring Accessible Goods, Services or Facilities To ensure that the Municipality is receiving accessible goods and services from third-party contractors, accessibility criteria has been incorporated into the general terms and conditions that accompany any RFP, bid or tender published by the Municipality. Training In order to train all volunteers on the Accessible Customer Service Standard, Integrated Accessibility Standard Regulation and the Ontario Human Rights Code this brochure has been developed. Information and Communications Feedback Receiving feedback on the accessibility of the Municipality's goods, services and facilities is an effective way to ensure we are meeting the needs of the Municipality's residents with disabilities. Residents can submit their feedback in person, by phone, by email or in writing.The Accessibility feedback form can be found on the Municipality's website. Accessible Formats The Municipality is only required to provide any of its documents in an accessible format upon request. Accessible formats can be produced by contacting the Municipality's Accessibility Coordinator.An accessible format could include large print, Braille, audio, plain language, or an electronic format such as PDF or formatted Word document. Communication Supports An American Sign Language Interpreter is an example of a communication support. Upon receiving a request,the Municipality is obligated to provide communication supports for any of its programs, events or services. The Municipality's Accessibility Coordinator can arrange for a communication support, if requested. ------------------------------------------------------------------------------------------------------------------------------------------------------------- Please fill out the information below and return it to the Municipality. Name: �AYHJ"���? Board or Committee Date: --� Signature: ��poi.tu j5�0 5 nity REPORT cao �rtunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: December 21, 2017 REPORT: CAO-85/17 SUBJECT: MUNICIPALITY OF BAYHAM PERSONNEL POLICY MANUAL BACKGROUND: On July 20, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-46/17 re Bill 68, Modernizing Ontario's Municipal Legislation Act be received for information; THAT staff be directed to bring forward amended policies for Council consideration to proactively comply with the provisions of Bill 68 Modernizing Ontario's Municipal Legislation Act; AND THAT staff be directed to request Elgin County to coordinate a meeting of all Elgin County CAO's to develop a process, for Council consideration, to appoint a joint Closed Meeting Investigator and Integrity Commissioner pursuant to Bill 68 requirements for all Elgin County Municipalities. On November 27, 2017, Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. Bill 148 makes significant amendments to Ontario's Employment Standards Act, 2000 (the ESA), Labour Relations Act, 1995 (the LRA), and Occupational Health and Safety Act (OHSA). Certain amendments under Bill 148 come into force effective immediately, with other amendments coming into force on December 3, 2017, January 1, 2018, and throughout 2018 and 2019. DISCUSSION In July 2015, following the completion of the Municipal Organization Review a comprehensive Municipality of Bayham Personnel Policy Manual was drafted and implemented by Ward & Uptigrove on the direction of Council. All existing employees received and reviewed the Municipality of Bayham Personnel Policy Manual and were required to sign the acknowledgement form within the same at that time. As a result of Bill 68, Modernizing Ontario's Municipal Legislation Act and Bill 148, the Fair Workplaces, Better Jobs Act, 2017 the following alterations have been made to the Municipality of Bayham Personnel Policy Manual: 1) Gifts & Gratuities— Page 22 (Section 2) a. The existing provisions were modified to match the provisions of the new Council Code of Conduct with disclosure and enforcement through the Progressive Discipline Policy 2) Use of Municipal Vehicles & Equipment— Page 35 (Section 2) a. The existing provisions were modified from requiring operators of municipal vehicles to be `free from alcohol or any illegal drugs' to be `free of any influence of any substance, including alcohol, marihuana and any illegal drugs which may cause impairment' b. This wording change has been implemented in advance of the Federal and Provincial legalization of marihuana. 3) Council Staff Relations— Page 38 (Section 2) a. The previously applicable sections from the previous Code of Conduct have been inserted into the Municipality of Bayham Personnel Policy Manual. 4) Conduct Investigations— Page 38 (Section 2) a. The previously applicable sections from the previous Code of Conduct have been inserted into the Municipality of Bayham Personnel Policy Manual with enforcement through the Progressive Discipline Policy 5) Statutory Leaves of Absence— Page 60 (Section 4) a. Notation of the following statutory leaves of absence has been added to the Policy Manual as a result of Bill 148, the Fair Workplaces, Better Jobs Act, 2017: i. Domestic or Sexual Violence Leave ii. Crime Related Death Leave iii. Child Disappearance Leave For Council purposes the Section 259 of the Municipal Act previously outlined that a Member of Council's seat is declared vacant if the Member is absent from the meetings of Council for three successive months without being authorized to do so by a resolution of Council. Bill 68, Modernizing Ontario's Municipal Legislation Act outlines that the above noted provision does not apply to vacate the office of a Member of Council who is absent for 20 consecutive weeks or less if the absence is a result of the member's pregnancy, the birth of the member's child or the adoption of a child by the member. RECOMMENDATION 1. THAT Report CAO-85/17 re Municipality of Bayham Personnel Policy Manual be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a Municipality of Bayham Personnel Policy Manual by-law for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk MUNICIPALITY OF BAYHAM PERSONNEL POLICY MANUAL TABLE OF CONTENTS SECTION ONE: INTRODUCTION ABOUTTHIS HANDBOOK..................................................................................................................................................................4 ACKNOWLEDGEMENTFORM............................................................................................................................................................5 SECTION TWO:EMPLOYEE CONDUCT AND GUIDELINES EQUAL OPPORTUNITY EMPLOYER....................................................................................................................................................9 RECRUITMENT AND SELECTION........................................................................................................................................................9 EMPLOYMENT AGREEMENTS.........................................................................................................................................................10 PROBATIONARY PERIOD.................................................................................................................................................................11 EMPLOYEE CLASSIFICATIONS..........................................................................................................................................................13 PERFORMANCE EVALUATIONS.......................................................................................................................................................13 CONFIDENTALITY................................................................................................................................. PRIVACY,PERSONAL INFORMATION AND PERSONAL RECORDS....................................................................................................15 CONFLICT OF INTEREST...................................................................................................................................................................16 PARTICIPATION ON COMMITTEES..................................................................................................................................................18 PROGRESSIVE AND CORRECTIVE DISCIPLINE..................................................................................................................................19 CONFLICT/PROBLEM RESOLUTION.................................................................................................................................................20 GIFTS,GRATUITIES AND MONETARY BENEFITS..............................................................................................................................22 DISCRIMINATION AND HARASSMENT IN THE WORKPLACE............................................................................................................23 VIOLENCE IN THE WORKPLACE.......................................................................................................................................................27 TECHNOLOGY AND CORPORATE PROPERTY...................................................................................................................................33 USE OF MUNICIPAL VEHICLES AND EQUIPMENT............................................................................................................................35 LAYOFF............................................................................................................................................................................................36 TERMINATION.................................................................................................................................................................................36 EMPLOYMENT VERIFICATION.........................................................................................................................................................38 COUNCIL STAFF RELATIONS............................................................................................................................................................38 CONDUCTINVESTIGATIONS............................................................................................................................................................38 SECTION THREE:PAY ADMINISTRATION AND BENEFITS COMPENSATION PHILOSOPHY........................................................................................................................................................41 COMPENSATION CLASSIFICATIONS..................................................................................................... JOBEVALUATION SYSTEM..............................................................................................................................................................44 ACTINGPAY....................................................................................................................................................................................45 PAYADMINISTRATION....................................................................................................................................................................46 BENEFITS.........................................................................................................................................................................................47 PROFESSIONAL DEVELOPMENT&CONTINUING EDUCATION........................................................................................................48 LONG-TERM SERVICE AWARDS.......................................................................................................................................................49 SECTION FOUR: HOURS OF WORK,ATTENDANCE AND LEAVES taaftylsi HOURSop WORK............................................................................................................................................................................sz OVERTIME.......................................................................................................................................................................................53 CALL|w PAY......................................................................................................................................... PAIDPUBLIC HOLIDAYS...................................................................................................................................................................S4 VACATION.......................................................................................................................................................................................ss BEREAVEMENTLEAVE.....................................................................................................................................................................S6 JURY/COURT DUTY..........................................................................................................................................................................s7 VOTINGLEAVE................................................................................................................................................................................S7 |moExxsmTvvsATnpnoAvs---------------------------------------------------.su s|cxLEAvs------------------------------------------------------------'so STATUTORY LEAVES OF ABSENCES.................................................................................................................................................oo DRESSCODE.......................................................................................................................................................................................................sz 1 p,YHA4f ©A'Ortunity L5'°'i 5 SECTION ONE : INTRODUCTION z Vp,YHA4f ig Ap4rtanity[spa 3 1�p,YHA,af ig Ap4rtanity[spa ABOUT THIS HANDBOOK The Municipality of Bayham is referred to as the Municipality throughout this handbook. All the policies in this employee policy handbook apply to all employees of Bayham (including part- time, seasonal, students, etc.), unless specifically excluded in the scope section of a policy. For union employees this policy manual applies except where the collective agreement overrides. The Municipality, through the CAOICIerk reserves the right to add, delete, or amend policies at any time due to legal or operational requirements. The CAOICIerk will provide a summary of changes annually to Council in a year in which changes occur. If there is a conflict between a policy and an applicable government statute, the statute prevails. This handbook does not constitute an employment agreement, nor does it confer any special rights or guarantee of continued employment. This handbook attempts to address all significant operational issues of the Municipality. There may be personnel issues that arise from time to time which are not covered in this handbook. If you have an issue not addressed in this handbook, please talk to your supervisor or the CAOICIerk. The Municipality has taken great care in preparing this handbook but realizes that errors and omissions do occur. If you find any spelling, grammatical or other mistakes, please report these to the CAOICIerk. All employees are required to be aware of and comply with applicable policies contained in this handbook Failure to comply with policies in this Policy Manual could result in disciplinary action, as outlined in the Progressive and Corrective Discipline Policy. If you are unsure of the application of any policy in this handbook, please contact the CAOICIerk for clarification. All employees will be given access to a copy of this handbook when presented with an offer of employment, before starting. All employees are required to sign the acknowledgement form at the beginning of this manual before starting. It is the practice of the Municipality to ask all employees to sign an acknowledgement each year in which changes occur. 4 V,XYHAA,l �Ap�rtaa ty is i 5 ACKNOWLEDGEMENT FORM I have received my copy of the Municipality of Bayham Policy Manual and I have read and understood the information. Management has answered questions to my satisfaction. I understand that, while an employee of Bayham, I am bound to abide by all policies and procedures set forth in this manual. I understand that failure to comply with the policies and procedures set out in this manual may lead to disciplinary action. I also understand that the information in this manual is subject to change as situations warrant. Changes may supersede, revise or eliminate one or more of the policies in this manual. These changes will be communicated through official notices. I accept responsibility for keeping informed of these changes. It is the policy of the Municipality of Bayham to have all employees sign this acknowledgement annually as a reminder of all Municipality of Bayham policies and procedures. Please sign and provide a copy to your Supervisor, and retain a copy for your own records. Name (please print) Signature Date 5 Vp,YHA4f ig Ap4rtanity[spa 6 taaftylsi SECTION TWO : EMPLOYEE CONDUCT AND GUIDELINES Vp,YHA4f ig Ap4rtanity[spa 8 1�p,YHA,af ig Ap4rtanity[spa EQUAL OPPORTUNITY EMPLOYER 1. The Municipality's objective is to provide equal employment opportunities without discrimination. The Municipality is committed to hiring, training and developing the best qualified individuals in order to provide the municipality with the best possible services. RESPECT IN THE WORKPLACE 2. The Municipality is committed to providing an environment that demonstrates and encourages a fundamental respect for individuals, their rights and their dignity. DISCRIMINATION 3. The Municipality makes decisions based on employees, free of discrimination and based on individual skills, initiative and capability, regardless of race, ancestry, place of origin, colour, national or ethnic origin, citizenship, religious beliefs, non-job related disability, age, gender, sexual orientation, marital status, family status, receipt of public assistance or record of offences. The Municipality strives to comply with the Ontario Human Rights Code. RECRUITMENT AND SELECTION 1. The Municipality is committed to recruiting and selecting individuals who are the most qualified to perform the requirements of each position available. Candidates for job vacancies may be from existing staff or from outside sources. Where qualifications are deemed equivalent, preference will be given to internal candidates. 2. No verbal or written offers of employment, or commitments, are to be made to any job candidate until all appropriate approvals have been obtained and the following process fully completed. 3. The Municipality will follow the following process to fill open positions: ➢ Approval of hire by council ➢ Update job description ➢ Review and finalize pay and benefits for vacant position ➢ Determine best recruitment channels and implement ➢ Screen applications, using phone screening, e-mail questions and other screening methods as appropriate. ➢ Conduct first interview ➢ Conduct second interview, if required 9 1�p,YHA,af ig Ap4rtanity[spa ➢ Prove credentials, as appropriate ➢ Prove eligibility for employment ➢ Perform employment testing as appropriate ➢ Perform background checks including: criminal record, driving record, credit check (as appropriate for position). The candidate must agree in writing to all background checks. ➢ Perform reference checks on at least 3 business references. Reference checks will be carried out in a fair and consistent manner. All references contacted must be approved by the candidate. ➢ Present the successful candidate with a written offer of employment,which outlines all the terms and conditions of employment of the job. ➢ Get offer signed before start date. Proof of Eligibility for Employment 4. In compliance with federal legislation, new employees, if requested, and as a condition of employment, must present documentation establishing their identity and their eligibility to legally work in Canada. A valid Social Insurance Number, landed immigrant papers, employment visa, or temporary work permit is deemed sufficient for this purpose. Failure to prove eligibility for employment in Canada constitutes just cause for immediate dismissal, without notice of compensation, in lieu of notice. Employment Applications 5. Any misrepresentations, falsifications, or material omissions in any data requested during the hiring documentation process, shall result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment for cause, without notice or compensation in lieu of notice. EMPLOYMENT AGREEMENTS 1. All employees of the Municipality will be provided an employment agreement to be signed, upon hire, when they are transferred or promoted. The employment agreement sets out all the terms and conditions of employment. 2. All offers of employment must be signed before starting, will typically include the following in writing, as applicable: ➢ Position title ➢ Employment classification ➢ Working location ➢ Job duties (attach job description) 10 1�p,YHA,af ig Ap4rtanity[spa ➢ Reports to ➢ Start date ➢ Normal hours of work ➢ Probationary period ➢ Eligibility to work in Canada ➢ Starting pay step ➢ Starting pay ➢ Payroll deductions ➢ Eligibility for overtime ➢ Eligibility for benefits ➢ Vacation ➢ Requirement for driver's license ➢ Right to layoff ➢ Policy manual acknowledgement. Employees are required to sign an acknowledgement of receipt and compliance before starting. Any questions will be answered before starting. ➢ Right to use discipline and suspension without pay ➢ Termination of employment 3. Reference individual policies for more details. 4. There may be a need for additional terms of employment, depending on the position. PROBATIONARY PERIOD 1. All newly hired employees are subject to a probationary period beginning from their date of hiring with the Municipality, to assess their suitability to become a permanent employee. 2. The purpose of probationary employment is to determine employee's skill in performing his/her duties and ability to adjust to the working environment. It is intended to assist the employees to identify strengths and gaps in his/her job performance and to develop corrective strategies if necessary. 3. The probationary period will normally be three (3) months of active employment. Probationary periods for department heads are six (6) months. The probationary period may be reduced or extended to a maximum of one (1) year, at the discretion of the CAO/Clerk. Active employment is defined to exclude any leaves. 11 1�p,YHA,af ig Ap4rtanity[spa 4. Prior to completion of the probationary period, the supervisor will meet with the employee to review the employee's performance and recommends to the CAO/Clerk whether to make employment permanent or not. 5. The Municipality or employee may end the employment relationship without notice, for any reason during the probationary period, unless the employment agreement or statute specifies otherwise. If the Municipality ends employment, it will pay the payment in lieu of notice as required by statute. 12 1�p,YHA,af ig Ap4rtanity[spa EMPLOYEE CLASSIFICATIONS 1. All employees of the Municipality will be classified into the following classifications. The employee's classification will be set out in their employment agreement. If an employee is uncertain about their employment classification, please contact their immediate Supervisor or CAO/Clerk. 2. Payroll: ➢ Hourly ➢ Salary 3. Employment: ➢ Permanent full-time is an employee whose regular scheduled work week is at least twenty-four (24) hours per week. ➢ Permanent part-time-is an employee whose regular scheduled work week is less than twenty-four (24) hours per week. ➢ Seasonal is an employee hired for a particular season with definite start and end dates. ➢ Casual is an employee that is called in on an as needed basis. ➢ Student is an employee who is currently enrolled in a recognized educational institution. A student may work on a part-time or seasonal basis. ➢ Contract is an employee who is hired for a specific project for a specified length of time. ➢ On leave (inactive) is an employee who is still in the employment of Municipality, may be receiving benefits but is not working and not being paid. ➢ Probation is an employee who has not completed their probationary period. PERFORMANCE EVALUATIONS 1. The Municipality is committed to providing full and part time employees with feedback and development opportunities on job performance goals and objectives. 2. The employee's manager will evaluate the employee's job performance prior to completion of the probationary period and annually thereafter in the designated month. 3. The purpose of the Performance Evaluations is to: ➢ Establish whether a probationary employee meets the performance standards required to successfully complete his/her probation; 13 1�p,YHA,af ig Ap4rtanity[spa ➢ Focus maximum attention on the achievement of the employees assigned duties as listed in their job description; ➢ Create a tool that enables the employees manager to accurately assess the employees strengths and weaknesses and relate these assessments to current and future needs; ➢ Challenge the employee to continually improve their performance and personal effectiveness; ➢ Involve the employee in planning and implementation of their job related goals and objectives; and, ➢ Objectively relate placement on the approved salary grid to performance. 4. Performance evaluations are retained in the employee file and available upon request. CONFIDENTIALITY 1. The Municipality operates as a municipal government in Elgin County. Employees may have access to or become familiar with confidential Municipal information, by reason of their employment with the Municipality. 2. Confidential information may include, but is not limited to: compensation data, personal employee information, taxpayer and user accounts, collection rolls, contracts, drawings, sources of supply, pricing, financial information, land purchases and sale, etc. If an employee is uncertain as to what information is confidential and what is not, the employee will discuss with their manager or CAO/Clerk. 3. All employees of the municipality, as a condition of employment, will ensure that municipal information pertaining to clients, employees or other municipal business that may be acquired in connection to their employment with the municipality is held in strict confidence, during and subsequent to the employee's employment with the municipality. 4. All municipal employees must sign a Confidentiality Agreement as a condition of initial and continuing employment to ensure the security and protection confidentiality of municipal records and information. 5. Employees may share confidential information with each other, if entitled to, only in a private area of the workplace, and only when that information is required for the effective delivery of programs or services. 14 1�p,YHA,af ig Ap4rtanity[spa 6. Employees are not to disclose or discuss such confidential information in public places or with members of their families. 7. Employees are prohibited, unless authorized, from removing temporarily or permanently, any confidential information stored in any form, including files, documents, tapes, computer disks and digital and electronic data or other media from any Municipal premises. PRIVACY, PERSONAL INFORMATION & PERSONAL RECORDS 1. The Municipality is committed to protecting the privacy and confidentiality of the personal information of its' employees, customers, and other stakeholders. This policy outlines the rules for collecting and preserving the personal information of all stakeholders. 2. All employees are expected to keep their own personal information confidential. 3. All Municipal personnel that are authorized to collect and store personal information and records of employees, customers, and other stakeholders, are accountable to ensure the personal and private information, to which they may have access, remains confidential and is only used for the purpose collected; is not disclosed without proper authorization, or used for personal gain. Employees who disclose personal information, contrary to this policy, will be subject to discipline. 4. The CAO/Clerk and Treasurer are accountable to obtain proper written consents before releasing any personal information of employees. 5. The CAOICIerk is responsible for the Municipal compliance with the applicable privacy statutes, including MFIPPA. The CAOICIerk will ensure there are systems and training in place, to safeguard personal information of all employees, customers, and other stakeholders. 6. During the course of employment with the Municipality, employees will be required to provide various private and personal information (such as date of birth, SIN, home address, etc.)to designated Municipality personnel. In addition, during the course of employment, various others documents (such as performance reviews, discipline, medical information, etc.) will be generated, in order for the Municipality to properly administer employment, payroll and benefits, in accordance with employment laws and Municipality policies. 15 1�p,YHA,af ig Ap4rtanity[spa 7. The Municipality maintains one central personnel file for each employee containing all the above information. 8. If your personal contact information or personal situation changes (example: marital status or children), it is important for you to inform the Treasurer immediately. This is especially true if you are on any leave. 9. All employee personal information will be kept confidential and used only for employment, payroll, and benefits purposes. 10. At termination, personnel files are maintained for seven years and then disposed of in a secure manner. 11. After termination of employment, reference requests from third parties, related to an employee's employment at the Municipality, will only be answered with written authorization from the employee. 12. An employee may review their personnel file by making an appointment with the CAO/Clerk. CONFLICT OF INTEREST 1. Employees of the Municipality are expected to conduct themselves with personal integrity, ethics, honesty and diligence in performing their duties for the Municipality. Employees are required to support and advance the interests of the Municipality and avoid placing themselves in situations where their personal interests actually or potentially conflict with the interests of the Municipality. 2. A conflict of interest refers to a situation in which private interests or personal considerations may affect an employee's judgement in acting in the best interest of the Municipality. It includes using an employee's position, confidential information or municipal time, material or facilities for private gain or advancement or the expectations of private gain or advancement. A conflict may occur when an interest benefits any member of the employee's family, friends or business associates. 3. Employees who knowingly have financial interests in a Municipality contract, sale or other business transaction, or have family members, friends or business associates with 16 1�p,YHA,af ig Ap4rtanity[spa such interests, must not represent or advise the municipality in such transactions, or benefit from such conflict. 4. Employees are responsible to determine if their personal or family business or property interest may be in conflict with the business of the Municipality. If the employee realizes there is a potential for conflict of interest, the employee should immediately notify, in writing to their supervisor and/or the CAO/Clerk. The employee should do whatever they can to either remove themselves from the interest or from the decision-making process relative to the interest. HIRING OF RELATIVES 5. The Municipality if committed to avoiding any potential conflict of interest that may arise when relatives are in a reporting relationship in the workplace. Relatives of persons currently employed at the Municipality, or relatives of a member of Council or a local board, may be hired only if they will be employed in a position that does not directly report to or supervise the relative. The employee will not be able to be transferred into such a reporting relationship with a relative. 6. For purpose of this policy, a relative is defined as: ➢ Spouse ➢ Common-law spouse ➢ Child/Step-Child ➢ Daughter-in-law ➢ Brother-in-law ➢ Sister-in-law ➢ Mother-in-law ➢ Father-in-law ➢ Common-law ➢ Spouse's mother/father ➢ Spouse's Common-law mother/father ➢ Spouse's Grandparents ➢ Spouse's Aunt/Uncle 7. All employees are required to report relationships to the Municipality that would make them in violation of this policy. If the relationship is found to have been deliberately concealed from the Municipality at the time the relative is hired, or thereafter, the Municipality may make immediate changes to the reporting relationship and both parties may be subject to disciplinary actions, up to and including termination. If the relative relationship is established after employment, the individuals concerned will decide who 17 1�p,YHA,af ig Ap4rtanity[spa is to be transferred. If the decision is not made within thirty (30) calendar days, management will decide. OUTSIDE EMPLOYMENT 8. Employees shall not engage in any outside employment or business dealings that interfere with the performance of their regular duties, or from which they might derive personal benefit or gain by virtue of their employment with the Municipality. 9. An employee may hold a job with another organization as long as he/she satisfactorily performs his/her job responsibilities with the Municipality. If the Municipality determines that employee's outside work interferes with performance or the ability to meet the requirements of the Municipality as they are modified from time-to-time, the employee may be asked to terminate outside employment if he/she wishes to remain with the Municipality. 10. If someone other than the employee reports the interest, the supervisor will investigate it immediately. The employee in question will be immediately removed from the decision- making that involves the interest. 11. When an employee reports a conflict of interest to his/her supervisor, it should be in writing. The supervisor will share the conflict of interest with the CAO/Clerk. If the employee alleges wrongdoing on the part of the Municipality or its Council members, officers, employees, agents or contractors, he/she should report this in writing directly to the CAO/Clerk. PARTICIPATION ON COMMITTEES 1. The Municipality supports employees participation on internal and external committees for the mutual benefit of the Municipality and the employees, provided their supervisor is in agreement, and there are no conflicts that may arise including work demands and/or conflicts with the interests of the municipality. INTERNAL COMMITTEES 2. The Municipality encourages employees to sit on internal committees. Employees are required to discuss membership on an internal committee with their supervisor prior to acceptance, to identify any conflicts that may arise which may involve workload issues and scheduling conflicts between committee meetings and work demands. 18 1�p,YHA,af ig Ap4rtanity[spa EXTERNAL COMMITTEES 3. Employees may also receive invitations to serve on external committees, agencies, boards, etc. If an employee anticipates that scheduling conflicts might arise with their job responsibilities, the employee should discuss with their supervisor. POLITICAL ACTIVITY 4. Employees should refrain from direct involvement in a local government political campaign in the Municipality. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this involvement does not affect the objectivity with which they must discharge their duties. PROGRESSIVE AND CORRECTIVE DISCIPLINE 1. The Municipality recognizes that in every organization, discipline is necessary in order to maintain a working environment in which employees willingly and promptly perform their responsibilities and abide by the standards of conduct and other human resource policies. The Municipality may use progressive discipline at its discretion, to alter unacceptable employee behaviour to conform to acceptable work standards. The goals are: ➢ To provide employees with advance warning that certain actions and/or behaviours are inappropriate and that a positive change is necessary; ➢ To ensure fair and consistent corrective action for all employees; ➢ To provide written documentation of behavioural or performance issues and the corresponding action that was taken; ➢ To inform the employees of consequences of unacceptable behaviour before it happens; ➢ It is expected that the need for disciplinary action will be minimal. 2. Purging of the employees record of discipline after 24 months providing the employee has not had any further disciplinary actions during that period, with the exception of incidences related to workplace violence and harassment. 3. The nature of the circumstance will dictate the level of disciplinary action take and with the discretion of the Manager and/or CAO/Clerk. Disciplinary action may include all or any combination of the following, and is not limited to: ➢ Informal Discussion: Casual, private discussion between the Supervisor and the employee will result when specific deficiencies in work conduct are noticed. The 19 1�p,YHA,af ig Ap4rtanity[spa majority of problems are corrected this way and do not recur. This discussion may or may not be documented depending on the seriousness of the deficiency. ➢ Final Verbal Warning: An employee who fails to correct a problem that was discussed informally will receive a verbal warning. This is a serious warning directing the employee to improve the specified problems immediately. It involves a formal discussion in a private area. The Supervisor will outline what the issues are and exactly what must be done to correct them. An action plan of improvement and assistance will be jointly created. The Supervisor will document the discussion, and both parties will sign at the end of the discussion. A copy will be placed in the employee's personnel file and the employee will receive a copy. ➢ First Written Warning: If a subsequent violation occurs, the Supervisor will issue a formal written warning with a copy to the employee's file. The employee and Supervisor will meet in a private area to revisit the problem and/or issue, set specific written goals, deadlines and discuss assistance required for immediate improvement. A record of the meeting is prepared which both the Supervisor and employee sign. One copy is given to the employee and one goes to the employee's personnel file. ➢ Second Written Warning: The CAO/Clerk is consulted prior to the commencement of this step. A meeting and documentation is completed once again as above, and both parties sign the documentation from the meeting. Included in the second written warning is the possibility of suspension from work with or without pay. ➢ Final Written Notice: Written notice of termination of employment is given to the employee and the employment is terminated. This step requires the written approval of the CAO/Clerk. CONFLICT/PROBLEM RESOLUTION 1. The Municipality is committed to providing a workplace free of conflict, where employees are treated with fairness, dignity and respect. This policy is to provide employees with an outlet to raise concerns regarding any conflict in the workplace or dissatisfaction with respect to issues related to their employment in an open and fair manner with provisions made to ensure their prompt and reasonable resolution. Under no circumstance should any employee fear discrimination or reprisal in the workplace as a result of the filing of a complaint. 20 1�p,YHA,af ig Ap4rtanity[spa 2. The following conflicts should be reported, and the Municipality shall strive to address them with reasonable resolutions. Note, reports of discrimination, harassment or violence must be addressed through the Workplace Violence and Harassment Procedure. ➢ Disputes with co-workers or managerial employees with unwanted and unresolved consequences. ➢ Perceived unfair or inequitable treatment. ➢ Abuse of authority. ➢ Administration of municipal policies. 3. If a situation occurs when an employee believes that a condition of employment or a decision affecting them is unjust or inequitable, they can express their concerns through the problem resolution procedure, using the following steps. ➢ Employees are encouraged to discuss unwanted behaviour or actions with the offending party, and in an ideal situation, the two parties will reach a reasonable resolution. ➢ In the event the discussion is not possible or the parties fail to reach a reasonable resolution, a formal complaint can be filed. ➢ Formal complaints must be submitted within 14 days from the date of the alleged incident(s). ➢ The employee presents the details of the issue in writing to the immediate supervisor. In a situation where the immediate supervisor would be inappropriate the employee may present the issue to the CAO/Clerk. The employee should record the details including the unwanted circumstance(s), names of witnesses, and attempts to resolve the issue. ➢ Supervisor will review and investigate the complaint, including speaking with parties involved and witnesses. Supervisor will facilitate a reasonable resolution, communicate and document. ➢ If the employee feels the claim remains unresolved, a formal complaint may be made to CAO/Clerk. The CAO/Clerk will review and investigate the concern and attempt to resolve. ➢ An employee may present the issue to the Mayor for issues pertaining to the CAO/Clerk. 4. In the event that a complaint is substantiated and a reasonable solution to halt the unwanted behavior or action through mediation is not possible, the following actions shall be taken for the offending party: ➢ Written warning/reprimand. 21 1�p,YHA,af ig Ap4rtanity[spa ➢ Transfer or demotion, and in some instances both a transfer and a demotion. ➢ Education and training. ➢ Suspension. ➢ Termination of Employment. 5. In the event that a complaint is not substantiated due to lack of evidence or other reasons, both parties shall be informed with the rationale used. This does not necessarily mean that it was filed under false or frivolous pretences. A complainant may request that the investigation be re-opened in the event that pertinent new evidence can be provided, or a reprisal due to the allegation has occurred. 6. The municipality will keep all formal complaints, accompanying documentation and findings of any investigation on file. 7. Employees should be cognizant of the fact that a formal complaint against another employee is a serious allegation with repercussions. 8. Where a complaint is found to be either false or frivolous, or where supporting documentation for a complaint has been falsified, the complainant or witness may be subject to disciplinary measures up to and including termination of employment. GIFTS, GRATUITIES AND MONETARY BENEFITS 1. No employee shall solicit or accept any gift or accept or receive a fee, advance, cash or personal benefit that is directly or indirectly connected with the performance of his or her duties of employment. For the purposes of this provision any gift provided to an Employee's child, parent or spouse with the Employee's knowledge shall be deemed to be a gift accepted by that Employee; 2. The Municipality recognizes that moderate hospitality and participation in charitable non- profit fundraising and business events is an accepted facet of community participation and business relationships. Accordingly, the following types of gifts are recognized as exceptions to the prohibition in Section 1: a) gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibilities of employment; b) token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee for speaking at an event or representing the Municipality at an event; 22 1�p,YHA,af ig Ap4rtanity[spa c) food and beverages consumed at lunches, dinners, charity fundraisers, banquets receptions, ceremonies or similar events if the Employee's attendance serves a legitimate municipal purpose; d) communications to the Municipality including subscriptions to newspapers and periodicals; e) compensation authorized by law; f) services provided without compensation by persons volunteering their time; g) gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies, cultural events, sporting events, business galas, political events and similar events if the Employee's attendance serves a legitimate municipal purpose; 3. Within 30 days of receipt of any gift described in Section 2, Employees shall file a written disclosure statement with the CAOICIerk (or with the Mayor for the CAOICIerk) for any gift that exceeds $200 in value. Every disclosure statement shall indicate: (i) the nature of the gift; (ii) its source and date of receipt; (iii) the circumstances under which it was received; and (iv) its estimated value. 4. Every disclosure statement to the CAOICIerk or Mayor for the CAOICIerk shall be a matter of public record. 5. The CAOICIerk or Mayor shall report to Council annually on all gifts received by Members that are disclosed in accordance with Section 2, if any. 6. The CAOICIerk or Mayor shall examine every disclosure statement filed with him or her to ascertain whether the receipt of the gift might in her or his opinion create a conflict between a private interest and the public duties of the Employee. 7. If the CAOICIerk or Mayor makes a preliminary determination of a conflict the Member shall be asked to justify receipt of the gift 8. If the CAOICIerk or Mayor determines that receipt of the gift was prohibited the CAOIClerk or Mayor will issue discipline through the Progressive & Corrective Discipline process. DISCRIMINATION AND HARASSMENT IN THE WORKPLACE 1. Every employee of the Municipality has the right to receive fair treatment and to work in an environment that is free from discrimination and harassment. The Municipality is 23 1�p,YHA,af ig Ap4rtanity[spa committed to providing a workplace free of discrimination and harassment in which all employees can be treated with dignity and respect. This policy will be reviewed as necessary, and at least on an annual basis. 2. The Municipality conducts business and treats all employees in accordance with all applicable Human Right's legislation. The Municipality does not condone and does not tolerate harassment of any kind. 3. Employees shall not be harassed or discriminated against by the employer, by anyone acting as an agent for the employer or by another employee because of race, ancestry, place of origin, ethnic origin, citizenship, religion, creed, colour, sex, sexual orientation, age, record of offences for which a pardon has been granted, family status, handicap or any other grounds prohibited under the Ontario Human Rights Cod. Harassment undermines an individual's self-respect and adversely affects work performance and well-being. 4. Supervisors, who do not exercise their responsibility to prevent or discourage harassment of or by their employees, are considered to be as guilty of violating this policy as if they had committed the harassment. Therefore, any supervisor who willfully disregards a report of harassment of/by his/her employees may be subject to discipline up to and including dismissal. WORKPLACE HARASSMENT 5. "Workplace harassment" means different things to different people and may be influenced by cultural, religious background, and/or geographical location. Workplace harassment means engaging in a course of vexatious comment or conduct against an employee in a workplace that is known or ought reasonably to be known to be unwelcome. Workplace harassment may include conduct which is offensive, embarrassing, or humiliating to others, and may further include visual representation, electronic messages, written messages, verbal and/or physical conduct. Unwelcoming behaviours may create hostile work environment. SEXUAL HARASSMENT 6. Sexual harassment is a specific form of harassment. It may include behaviours that are not necessarily sexual in nature, but relate to the person's gender and demeans, belittles or causes personal embarrassment to the recipient. These behaviours are known or ought reasonably to be known to be unwelcome. 24 1�p,YHA,af ig Ap4rtanity[spa 7. Examples of sexual harassment and inappropriate gender-related behaviour include, but are not limited to, comments, gestures and non-verbal behaviour, visual materials and physical contact. Comments made or actions taken may not be intended to offend another person. However, intent is not a prerequisite to establishing that behaviour is discriminatory. ABUSE OF AUTHORITY 8. Abuse of authority means an individual's use of power and authority inherent in the position held in a manner which serves no legitimate work purpose and which ought reasonably to be known to be inappropriate. It includes misuses of power that are intimidating, coercive or demeaning. The legitimate and proper exercise of employer's right to supervise or manage (for example, performance reviews, work evaluations and disciplinary measures taken for any valid reason) does not constitute harassment under this policy. PSYCHOLOGICAL HARASSMENT 9. Psychological harassment is bullying or humiliating behaviour that has the following components: ➢ Generally repetitive, although a single serious incident of such behaviour may constitute psychological harassment if it undermines the recipient's psychological or physical integrity and has a lasting harmful effect, ➢ Hostile, abusive or inappropriate, ➢ Affects the recipient's dignity or psychological integrity, ➢ Results in a poisoned work environment 10. Not all conflict at work constitutes bullying or psychological harassment and it should not be confused with legitimate management actions or normal human conflict. WORKPLACE HARASSMENT DOES NOT INCLUDE 11. Appropriate direction, evaluation or discipline by a manager or supervisor; Stress associated with the performance of job duties; ➢ Friendly teasing or bantering that is mutually acceptable; and ➢ Friendly or romantic behavior that is welcome and mutual. DISCRIMINATION 12. There are three ways in which a person might suffer discrimination: 25 �p,YHA� ig Ap4rtanity[spa ➢ Directly: where a person treats another person unequally or differently because he/she is a member of a group of persons who are identified by a prohibited grounds under the Human Rights Code. ➢ Indirectly: where a person causes another person to act on his/her behalf and discriminates against a person because of his/her membership in a group of persons who are identified by a prohibited ground under the Human Rights Code. ➢ Constructively: where a neutral requirement, qualifications or factor has an adverse impact on members of a group of persons who are identified by a prohibited ground of discrimination under the Human Rights code. EXCEPTIONS 13. The legitimate and proper exercise of the employer's right to supervise or manage (for example, performance reviews, work evaluations and disciplinary measures taken for any valid reason) does not constitute harassment under this policy. 14. Hiring, performance/salary reviews, discipline, transfer, promotion, termination and other career decisions must be based solely on work criteria. WHAT DO I DO IF I AM EXPERIENCING DISCRIMINATION OR HARASSMENT IN THE WORKPLACE? 15. An employee who believes he/she is being harassed should: ➢ Make it known that the action is unwelcome and will be reported unless it is stopped immediately. ➢ Keep a written record of dates, times, and nature of behaviour and witnesses, if any. ➢ If the harassment continues, speak to an uninvolved supervisor and confirm the complaint in writing to the uninvolved supervisor and/or CAO/Clerk. ➢ Employees should note that failure to keep a diary of the event may invalidate the complaint but a record will, however, reinforce it. INVESTIGATION PROCEDURE 16. Management has the responsibility to respond immediately to complaints of harassment in accordance with the following steps: ➢ Inform the complainant that an investigation is being conducted, ➢ Interview both parties as soon as possible, ➢ Interview any witnesses, 26 1�p,YHA,af ig Ap4rtanity[spa ➢ Interview past and present employees, if necessary, to determine if harassment has occurred, ➢ Warn all parties that all interviews and information must be kept confidential, ➢ Consult the Human Rights Commission, if necessary, before responding to the complaint, ➢ Render the decision and discuss the findings with the alleged harasser. DISCIPLINE 17. If the allegations are found to have substance, then management may determine the appropriate level of discipline, up to an including immediate termination of the harasser. If the allegations are found not to have substance, the investigator will maintain a confidential file on the allegations in the CAO/Clerk office. The complainant will assured that there will be no recrimination because of complaint. WHAT TO DO IF YOU ARE ACCUSED OF HARASSMENT OR DISCRIMINATION? 18. If you are at fault, immediately cease the behaviour that the complainant finds offensive and apologize to the complainant. Failure to cease this behaviour will leave you vulnerable to a formal complaint and to discretionary action up to and including dismissal if the complaint is substantiated. 19. If you believe that the complaint is unfounded and/or made in bad faith, discuss the matter with your supervisor. 20. If you are named as the harasser in a complaint, the investigative procedure for such complaints is a comprehensive one and will involve your supervisor and other parties as deemed necessary. 21. If any event, document your version of the alleged incident, including times, place and witnesses. VIOLENCE IN THE WORKPLACE 1. The management of the Municipality is committed to prevention of workplace violence and is ultimately responsible for worker health and safety. The Management will take whatever steps are reasonable to protect workers of the Municipality from workplace violence. 27 1�p,YHA,af ig Ap4rtanity[spa 2. This policy applies to all activities that occur while on Municipal premises or while engaging in work-related activities or social events. Any act of violence committed by or against any member of the workplace or member of the public is unacceptable conduct that will not be tolerated. Everyone is expected to uphold this policy and to work together to prevent workplace violence. WORKPLACE VIOLENCE 3. "Workplace violence" is defined as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an: ➢ attempt to exercise physical force against a worker in a workplace, that could cause injury to the worker; and a ➢ statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. 4. The following list of behaviours, while not exhaustive, provides examples of conduct that is prohibited: a. Threatening behaviour—shaking fists, destroying property, or throwing objects b. Property damage —theft, destroying property, vandalism, sabotage of equipment, or arson c. Verbal or written threats—any expression of intent to inflict harm d. Bullying and intimidation e. Verbal abuse —swearing, insults or threatening language f. Psychological trauma— includes stalking g. Physical attacks or assaults — hitting, shoving, pushing or kicking h. Murder i. Sexual Assault 5. Workplace violence can occur at off-site municipal business-related functions, at social events related to work, or away from work but resulting from work, e.g.: a threatening telephone call to an employee's home from a member of the public. Any individual who assaults a staff member is liable to be charged under the Criminal Code of Canada and the staff who has been a victim of such violence has the right to bring charges against the aggressor. All staff is entitled to the support outlined in this policy whether or not charges are pursued. 28 1�p,YHA,af ig Ap4rtanity[spa WORKPLACE 6. The workplace includes all locations where business or social activities of the Municipality are conducted. Violence in the workplace may also include incidents that happen away from work (e.g., unwelcome phone calls or visits to a person's home) if it is connected to the victim's employment with the Municipality. DOMESTIC VIOLENCE 7. The term "domestic violence" refers to a broad range of behaviours that may be perpetrated by one person against his or her partner with the aim of securing and maintaining control, power, and/or domination over the partner. Such behaviours include, but are not limited to, coercive physical, psychological, sexual, economic and/or emotional abuse and threats. REPORTING OF VIOLENCE 8. To ensure early identification and prevention of violence in the workplace, all staff are responsible for reporting to their immediate supervisor any incident committed by another staff member, volunteer, co-op placement, student, agents of the Municipality, consultants, and contractors, or a member of the public of Council, that constitutes a potential or actual threat of violence towards a staff member, especially if one or more of the following factors is known to be present or to have occurred (the list is not exhaustive): a. Threatening statements to do harm to self or others b. References to other incidents of violence c. Intimidating behaviour such as insubordination, open defiance, pestering or confrontational behaviour d. History of violent, reckless, or anti-social behaviour e. Recent marked decline in performance f. Major change in personality, mood, behaviour, or standards of personal grooming g. Obsessions with persons or things, particularly weapons h. Experiencing what appears to be serious stress in personal life i. Substance abuse Such reports may be made confidentially at the staff's request, with the exception of steps taken to ensure the safety of others and the prevention of recurrence. For example, confidentially may not be assured where it becomes necessary for the Municipality to file a police report. If you are the victim of, or are a witness to, a violent incident in the workplace, contact your immediate supervisor, or dial 911. 29 1�p,YHA,af ig Ap4rtanity[spa 9. The Municipality will ensure that this policy is implemented and maintained, and that all workers and supervisors have the appropriate information and instruction to protect them from violence in the workplace. 10. Supervisors are responsible for ensuring that measures and procedures are followed by workers and that workers have the information that they need to protect themselves. 11. All workers are encouraged to raise any concerns about workplace violence and to immediately report any violent incidents or threats to your supervisor or another member of management. There shall be no reprisal against individual who, in good faith, reports an incident of violence or participates in an investigation. 12. No employee or any other individual affiliated with the Municipality shall subject any other person to workplace violence or allow or create conditions that support workplace violence. An employee that subjects another employee, client, or other person to workplace violence may be subject to disciplinary action up to and including termination. 13. Management pledges to investigate and deal with all incidents and complaints of workplace violence in a timely and fair manner, respecting the privacy of all concerned. REPORTING PROCESS 14. Obligation to Report Employees are to report a situation that he/she believes is workplace violence under this Program. A report may be made by the actual victim of alleged workplace violence; by a co-worker who witnessed the incident(s); or by a third party reporting on behalf of the victim(s). Employees who, with an honest and good faith belief, provide information about behaviour or actions which they perceive as threatening or potentially violent will not be subject to disciplinary or other form of reprisal if their perceptions are not substantiated. However, if it is learned that an employee intentionally made a false report or provided false information regarding the report, disciplinary action up to and including termination may be taken against that employee. 15. How to Make a Report A report should normally be made as soon as possible after the relevant action or behaviour occurred. Promptness in reporting protects the safety of all employees, as well as the rights of both the person making the report and who is the subject of a report. Although an employee may choose to make a verbal report, it is in the best interest of all concerned to provide a written report, which should contain a brief account of the incident, when it occurred, the person(s) involved and the names of witnesses, if any. The report 30 1�p,YHA,af ig Ap4rtanity[spa should be signed and dated. An employee making a verbal report may be required to provide their report in writing. A report under this Program may be submitted to the supervisor, manager, department head of either the employee who made, or is the subject of, a report, or CAO. If the report is submitted to the supervisor or manager, it shall be referred directly to the department head and CAO within two (2) working days of receipt. CAO will investigate, or assign another senior manager trained in workplace violence investigations to investigate the situation and to report back with recommendations, or retain an external investigator. 16. Investigation To the extent possible, the investigator shall ensure that the incident is investigated promptly and fairly, in a discreet and confidential manner so as to minimize embarrassment to all parties. The identity of the complainant will be kept confidential to the extent possible during the investigation process As soon as is reasonably practicable, the person assigned shall initiate the investigation by meeting with the individual who made the report. The individual may be accompanied by another employee of his/her choice in any meeting with the investigator. The investigator shall confirm receipt of the report, clarify details, and apprise the individual of the steps that will be taken. The Investigator will also make all appropriate inquiries of the alleged victim and/or any witnesses to determine the nature and severity of the incidents alleged. After speaking with the applicable department head or designate, the investigator has the authority, subject to applicable laws, to talk with anyone, examine any documents, and enter any work locations that are relevant to the reported incident. If Police Services request that the Municipality delay its investigation pending the completion of a police investigation, the investigator will cease his or her investigation until CAO approves of its continuation. An employee who is the subject of a report and who refuses to discuss potentially violent behaviour or cooperate in attempts to assess or defuse the risk of workplace violence may, if information is uncovered through fact-finding to establish a reasonable possibility of risk, be suspended without pay and benefits until he/she agrees to cooperate and provides proof of cooperation. Refusal to co-operate may result in dismissal if the employee has received written notice to that effect and has been given a reasonable opportunity to cooperate. Interventions that may form part of a risk assessment or plan of action for an employee who is the subject of a report or investigation may include referral to the employee's physician, use of short-term disability plan or temporary leave of absence, referral to counseling and other services, fitness-for-duty evaluation and other appropriate interventions. More serious situations may warrant suspension, obtaining appropriate court orders, and/or police involvement. 31 1�p,YHA,af ig Ap4rtanity[spa Depending upon the circumstances, the department head or CAO may determine that it is appropriate to physically and/or operationally separate the employee who made, and the employee who is the subject of the report, until the investigation has been completed. In more serious situations, the Municipality may suspend the employee who is the subject of the report pending the investigation. 17. Findings and Recommendations Once the investigation is complete, the investigator will submit a confidential written document to CAO. The document will summarize the investigator's findings and conclusions and will recommend corrective action if appropriate. A conclusion about whether a specific incident of workplace violence did or did not occur should be based upon the balance of probabilities. If the findings do not support the initial report, the investigator will recommend that no further action is necessary and that the matter be closed. However, if the findings do support the initial report, the investigator will recommend measures to correct the situation. The Chief Administrative Officer will review the investigator's findings, conclusions, and recommendations, as well as any comments received in relation to it before making a final decision. In cases likely to result in suspension or termination from employment and/or where the respondent has been the subject of several reports, the Chief Administrative Officer may approve, change or reject any of the investigator's recommendations. 18. Discipline In responding to the threat or incident of violence, actions that warrant consideration may include changes to the physical work space, changes to work schedules and/or patterns, changes to procedures to offer better support and protection, withdrawal of services, police intervention and the use of appropriate court orders. Employees who are found to be at risk of engaging in violent conduct or who have engaged in violent conduct may be subject to discipline up to and including suspension and/or dismissal if warranted. Employees who engage in repeat violent behaviour after a first incident is reported may be subject to immediate dismissal or suspension pending the development of an appropriate plan of action. Employees who engage in serious violent behaviour may be subject to immediate dismissal for a first incident. The appropriate disciplinary action imposed, if any, shall be determined by mutual agreement of CAO and the affected department head(s), based on the particular circumstances of the case. In accordance with the Municipality's disciplinary procedures, no employee shall be suspended without authorization of the applicable department head and no employee shall be discharged without authorization by the Chief Administrative Officer. 32 1�p,YHA,af ig Ap4rtanity[spa TRAUMA SUPPORT 19. Employees who have witnessed or experienced a traumatic event may need special support. Their special needs will be acknowledged and accommodated. The Chief Administrative Officer or designate, will coordinate any special assistance that may be required. NOTE: If the employee, who is the victim of the violent activity, does not wish to pursue the matter, then the wishes of the employee are respected, provided that doing so does not compromise the safety of other employees, or the client or premises of the Municipality. TECHNOLOGY AND CORPORATE PROPERTY 1. The Municipality establishes rules and procedures to ensure that appropriate use of its technology, equipment and supplies. Technology includes, but is not limited to, computers, internet, cell-phones, software, social media and email. TECHNOLOGY 2. It is important to the Municipality to enhance the productivity of authorized employees by providing appropriate access to technology. This policy is intended to provide guidance in the professional and responsible use of technology, including: ➢ To protect against irresponsible, unauthorized, and illegal activities. ➢ To ensure privacy, security, and reliability of all computer systems and information. 3. Employees have access to computers, email and internet and are accountable for its proper use. The systems are owned and maintained by the Municipality and are intended to be used for business purposes. Personal use is allowed in emergency situations and off working hours. Abuse of this policy may result in discipline and/or removal of related privileges, with the discretion of the CAO/Clerk. 4. Employees should not use a password, access a file, or retrieve any stored communication without authorization. Employees should not leave their computers unattended when they are logged on, to ensure confidentiality. 5. The Municipality prohibits the use of computers, email and internet in ways that are disruptive, offensive to others, or harmful to morale. The display or transmission of sexually explicit images, messages, and cartoons are not allowed. Other misuse includes, but is not limited to, ethnic, slurs, racial comments, colour jokes, or anything that may be construed as harassment and/or showing as being offensive/disrespected to others. 33 1�p,YHA,af ig Ap4rtanity[spa SOFTWARE LICENSING 6. Employees may only use softwares on the local area network or on multiple machines according to the software license agreement, unless otherwise approved by the CAO/Clerk. CORPORATE PROPERTY 7. Electronic devices (cell-phones, pagers, etc.), equipment, furniture, supplies, and other property of the Municipality have been acquired for the purpose of achieving municipal and program objectives. 8. The use of electronic devices for occasional personal use should not interfere with work- related activities, nor should the Municipality incur extra costs. Employees are to inform information technology (IT) representative when they will be out-of-county so that an appropriate plan can be implemented during that timeframe. In the event that IT is not informed, the individual shall be responsible for costs incurred as a result of not implementing the appropriate out-of-country plan. 9. The unauthorized use of corporate property, resources or premises, and the unauthorized removal or property from the Municipality's premises, without the prior approval of the supervisor, are subject to discipline up-to and including dismissal and may be subject to criminal charges. 10. No employee should have any expectation of privacy as to any use of the Municipality media and equipment. 11. Personal use of computer, internet, e-mail and other Municipal technology should be restricted to unpaid time. OWNERSHIP OF DATA AND SOFTWARE 12. All equipment and software programs, information and data installed and/or created on municipal equipment, belongs to the Municipality. This includes all programs, documents, emails, spreadsheets, databases, and methods of techniques, etc. developed using corporate equipment and/or software, while employed with the Municipality. 34 1�p,YHA,af ig Ap4rtanity[spa SOCIAL MEDIA 13. The Municipality may use social media (Twitter, Facebook, Instagram, Linkedln, etc.)from time-to-time to advertise for events, hiring purposes, etc. Employees should not misuse the use of social media. Personal use of social media may only be used during your own time and off working time. USE OF MUNICIPAL VEHICLES AND EQUIPMENT 1. Certain employees of the Municipality may be required operate various municipal vehicles and equipment in the course of their job. The Municipality is committed to the proper maintenance and safe driving of all vehicles and equipment used for municipal business. 2. When using municipal vehicles and equipment employees are expected to exercise care, perform required maintenance, and follow all operating instructions, traffic regulations, safety standards, and guidelines. Employees shall also notify the supervisor if any vehicle or equipment appears to be damaged, defective, or in need of repair. 3. The improper, carless, negligent, destructive, or unsafe use or operation of vehicles and/or equipment, as well as avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. If an employee receives a driving and/or parking violations in a municipal vehicle and/or during municipal time, it is not the responsibility of the Municipality. 4. Vehicles or equipment owned, leased, or rented by the Municipality may not be used for personal use without prior approval from the Supervisor. 5. Municipal vehicles are to be parked on Municipal premises when not in business use unless authorized to be parked offsite. 6. Employees operating municipal vehicles and/or equipment must be free of any influence of any substance, including alcohol, marihuana and illegal drugs which may cause impairment. Smoking is not allowed in any Municipal owned, leased, or rented vehicles and equipment.Violation of this rule may lead to progressive discipline, up to and including termination. DRIVER'S LICENSE 7. All employees driving for municipal business must possess a valid driver's license. If the employee's license is void or suspended, they may not operate a municipal vehicle and must report to the CAO/Clerk, as soon as reasonable possible. Drivers that work in a 35 1�p,YHA,af ig Ap4rtanity[spa position that requires them to drive to conduct their duties for their position, may be asked to generate an annual official Driver's Abstract. LAYOFF 1. At times the Municipality, due to change in strategic direction, loss of services, financial reasons, or other reasons, may have to reduce the workforce. 2. Where possible, the Municipality will attempt to avoid layoffs by relying on natural attrition. If attrition doesn't result in sufficient reduction in the work force, volunteers will be requested. The last resort is to select particular employees for layoff. 3. If layoffs are found to be necessary, the Municipality will implement in accordance to the Employment Standards Act (ESA). Layoffs are not considered an end to the employment contract. 4. Employees on temporary layoff may have regular benefits to which they are entitled to continue, as awarded by the Municipality's insurance provider. 5. Any unpaid accrued vacation pay will be paid out to employees with their final pay before the layoff. 6. If employees are laid off, they will be given as much notice as possible of the layoff and will receive a letter explaining all arrangements. Employees will not be paid during a layoff. 7. When an employee is given notice to return to work from layoff, the employee must return to work on the day they are requested to do so. If unable to comply, the employee is responsible to contact the CAO/Clerk so alternative arrangements can be made. TERMINATION 8. Terminations may arise from Involuntary Termination by the Municipality, Resignation, Retirement and Abandonment. The Municipality is committed to handle all terminations in good faith, in a fair and consistent manner, and in accordance with the Ontario Employment Standards Act, Ontario Human Rights Act and all other applicable statues with respect to terminations. 9. Employees who retire or resign from their employment with the Municipality may be requested to participate in an exit interview with CAO/Clerk. 10. Involuntary terminations require the review and written approval of CAO/Clerk. 36 1�p,YHA,af ig Ap4rtanity[spa 11. An employee who is released for disciplinary reasons (except for just cause) or inability to perform work duties will receive a warning, written or otherwise, over the Municipality's Progressive and Corrective Disciplinary policy, prior to involuntary termination proceedings being implemented. 12. Terminated employees agree to return all municipal property including all employee passwords and documents prior to their departure. RESIGNATION 13. All employees should give a minimum of two (2)weeks' notice (or longer where required by their employment contract) to the Municipality of their intent to terminate their employment. To facilitate replacement of any employee, the Municipality requires the longest amount of notice possible, particularly from more senior employees. 14. The Municipality recognizes that retirement is an individual choice to work until the normal retirement age, to retire early, or to postpone retirement. RETIREMENT 15. The Municipality does not have a mandatory retirement age. Based on satisfactory performance, employees may continue to work past the traditional retirement age of 65 unless prohibited by legislation. 16. The Municipal group insurance policies may change coverage based on age. See your group benefit and Ontario Municipal Employees Retirement System (OMERS) booklets for more information. 17. Employees considering retirement should inform their supervisor as soon as possible to discuss the process, and facilitate transition and succession planning. ABANDONMENT OF EMPLOYMENT 18. Employees resigning their position are required to give proper notice. In addition, employees who are absent unexpectedly from work are required to notify their Managers within a half hour of their scheduled shift start time, as to the reason of their absence. Employees who are absent from work for three (3) consecutive working days or more without notice, are deemed to have terminated their employment. 19. When an employee is absent without notice the Manager must take immediate steps to contact the employee. If attempts to reach the employee are unsuccessful, the Manager must consult immediately with the CAO/Clerk to assure that all appropriate procedures are followed. 20. The Municipality must notify the employee of the intent to termination employment in writing by registered mail. The letter may be sent on the second day of absence. 37 1�p,YHA,af ig Ap4rtanity[spa EMPLOYMENT VERIFICATION 1. Consistent with the Municipal Freedom of Information and Protection of Privacy Act, the Municipality will not disclose salary or employment information to a third party unless required to by legislation. 2. Employees requiring verification of their employment/salary is to contact payroll or their supervisor. Payroll or the supervisor will prepare written confirmation of employment/salary addressed to the employee for his/her release to any third party. Request for employment/salary verification should be fulfilled within two (2) working days. COUNCIL STAFF RELATIONS 1. Mutual respect and cooperation are required to achieve the Council's corporate goals and implement the Council's strategic priorities through the work of staff. 2. Employees have an obligation to recognize that members of Council have been duly elected to serve the residents of Bayham and respect the role of Council in directing the actions of the Municipality. CONDUCT INVESTIGATIONS 1. Informal Complaints Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2—Employee Conduct&Guidelines may address their concerns in the following manner: a) Advise the Employee that their behaviour or activity contravenes Section 2— Employee Conduct&Guidelines; b) Encourage the Employee to stop the prohibited behaviour or activity; c) If applicable, confirm to the Employee your satisfaction or dissatisfaction with his response to the concern identified; d) Keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. e) If not satisfied with the response received through the informal process, an individual may proceed with a formal written complaint through the CAOICIerk, or if the complaint is about the CAOICIerk through the Mayor. 38 1�p,YHA,af ig Ap4rtanity[spa 2. Formal Complaints Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2—Employee Conduct&Guidelines may address their concerns through the formal complaint process set out below. a) All formal complaints must be made using the Municipality's Complaints Form-Staff and shall be dated and signed by the complainant; b) The complaint must include an explanation as to why the issue raised may be a contravention of Section 2—Employee Conduct&Guidelines and any evidence in support of the allegation must be included with the Complaints Form/Affidavit; c) Any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; d) The Complaint Form/Affidavit must include the name of the Employee alleged to have breached Section 2 — Employee Conduct & Guidelines, the specific section of Section 2 — Employee Conduct & Guidelines allegedly contravened, the date, time and location of the alleged contravention and any other information as required on the Complaint Form/Affidavit; e) The complaint shall be filed with the CAOICIerk, or if the complaint is about the CAOICIerk through the Mayor who shall confirm that the information is complete as to a), b), c) and d) of this section. The CAOICIerk or Mayor will determine whether the matter is, on its face, a complaint with respect to non- compliance with Section 2— Employee Conduct&Guidelines, and not covered by other legislation or policies; and f) The CAOICIerk or Mayor may request additional information from the complainant. g) Corrective action or discipline, if any, will be determined by the CAOICIerk or Mayor in accordance with the Progressive Discipline policy and the decision of the CAOICIerk or Mayor shall be final. 39 SECTION THREE : PAY ADMINISTRATION AND BENEFITS 1�p,YHA,af ig Ap4rtanity[spa COMPENSATION PHILOSOPHY 1. The total compensation program for the Municipality consists of base salary, variable compensation (short-term incentives and supplementary pay), and benefits. The total compensation program is central to the Municipality's strategy to attract, engage, motivate and retain qualified employees through an internal equitable, non- discriminatory and externally competitive compensation program. 2. Compensation is structured to: ➢ Establish appropriate pay differentials between position levels to account for differences in scope of responsibilities. ➢ Reward performance as measured by the attainment of individual, department and corporate objectives. ➢ Recognize the acquisition of knowledge, skills and experience pertinent to the employee's position. 3. The Municipality is committed to providing employees with clear and open communication regarding compensation policies and practices, as well as performance feedback. The Municipality is also committed to complying with the Ontario Pay Equity Act and promotes the concept of equal pay for work of equal value. 4. The Municipality will perform a market check normally every four (4) years, which will include: ➢ The pay band grid will be compared to the market, ➢ Council will approve the comparators to be used, ➢ The median or fiftieth (50th)percentile of the job rate of the comparators will be used, ➢ The overall pay band grid may increase, decrease or remain the same as the result, ➢ No employee's pay will be reduced as a result of this exercise. However, individual pays may be frozen until the pay for their position catches up to their current pay. Employees in this situation will not be eligible for the annual pay adjustment until their pay is equal to or exceeds the job rate in their pay band, ➢ Council will approve the market check and implement the results. 41 1�p,YHA,af ig Ap4rtanity[spa PAY ADMINISTRATION 1. Salaries at the Municipality shall be determined in accordance with the Salary Schedule as approved and amended from time-to-time by Council. PROMOTIONS 2. A promotion shall be considered as a reassignment of duties to employees that would cause his/her new position to be paid in a higher salary classification than the previous position. All employees, upon promotion, shall receive payment of at least the minimum rate of the new position, expect in instances when an employee does not meet the full minimum requirements of the new position. In such cases, the CAO/Clerk will determine if a reclassification is necessary. In no case, shall an employee receive less than his/her current salary by promotion. 3. Subsequent increases in the new range will occur on the anniversary date (or establish date) of the transfer or promotion. DEMOTIONS 4. A demotion shall be considered as being a re-assignment of duties to an employee that causes the new position to be paid in a lower salary classification than the previous position. This may occur as a result of organizational changes, work shortages, inadequate performance and diminished employee capability or at the employee's request. 5. If an employee is permanently demoted or transferred to a position in a lower salary level, the compensation shall be held at the existing level until the step in the lower grade for the position reaches the existing salary through economic adjustments, with the discretion of the CAO/Clerk. The salary is increased subsequently when salary ranges are increase across the board as a result of economic adjustments that affect the whole salary system. 6. The Municipality understands and recognizes long and loyal service. Therefore, will try to minimize the financial impact of demotions to employees and will try to keep their current salary until the range of the lower salary range catches up across the board of economic adjustments that affect the whole salary system. 42 V,XYHAA,l �Ap�rtaa ty is i 5 TEMPORARY TRANSFERS 7. If the temporary transfer is to a position at a lower salary level, an employee may retain his/her current salary. "Temporary" can be a period of up to, but not exceeding, six (6) months. 8. If the temporary transfer is to a position at a higher salary level, "acting pay" may be provided in accordance with the Acting Pay policy. PROBATION AND PERFORMANCE EVALUATIONS 9. After successful completion of a probationary period with a satisfactory performance evaluation, salary adjustment may be awarded, unless otherwise decided by the CAO/Clerk for special circumstances. 10. Upon a successful completion of an annual performance evaluation, employees are eligible at this time to move upward on the salary grid from level to level, effective on the annual date set out by the CAO/Clerk and Council. Movement up the salary grade is done until job rate is reached. 11. If an employee's performance evaluation is unsatisfactory, the salary movement will be deferred until a follow-up evaluation can be made, normally within three (3) months. If the second evaluation demonstrates improvement, the merit increase adjustment in the pay band may be awarded, but may be withheld for three (3) months from the employee's start date in the position. ANNUAL ADJUSTMENT TO PAY BAND GRID 12. Each year on January 1 the entire pay band grid may move up by % using an established formula. 13. The formula to be used is the annual Stats Can Ontario CPI for the 12 months ended October 31 each year. 14. The job rate will increase by the annual adjustment and the other five steps calculated as a % of the job rate. 15. The annual adjustment pay band increase is not automatic each year. It depends on Municipality finances and affordability and is subject to annual Council approval through the Operating Budget. 43 1�p,YHA,af ig Ap4rtanity[spa 16. If the formula in a given year, results in a negative % the pay band grid will remain the same as the previous year. In the following year the negative % will be netted against a positive %. 17. If Council approves an annual adjustment through the Operating Budget, all staff with at least satisfactory performance will have their pay increase by the amount of the increase in their step NEW AND RECLASSIFICATIONS 18. When a new position is created, or duties of an existing position change sufficiently that a reclassification may be necessary, a new job description shall be written. The duties of the new or revised position shall be rated by the CAO/Clerk, using the job evaluation system. Based on this assessment, the position shall be placed in the appropriate salary grade. JOB EVALUATION SYSTEM 1. The Municipality utilizes a Job Evaluation System to determine the relative ranking of position within the Municipality by means of systematic and detailed analysis of job content. The Job Evaluation System provides for a salary administration plan designed to compensate employees in a manner which is equitable, ensures internal equity, and is in compliance with the Pay Equity Act. JOB EVALUATION 2. Job evaluation is tool that is used to help establish the relative worth of all jobs within the Municipality. It applies common factors that measure the worth of jobs so that fair and equitable salary ranges can be applied to them. The job evaluation tool helps with the establishment and maintenance of sound salary differentials between jobs. Job evaluation builds a foundation for consistent administration and maintenance of salary ranges. The CAO/Clerk is responsible for managing the Job Evaluation System. 3. Job evaluation reviews are generally initiated in response to: ➢ Department restructuring; ➢ New Positions; or ➢ Significant changes in duties, responsibilities or accountabilities of existing job that changes the scope of the job. It is applied to job requirements, not the capabilities of individuals. 44 1�p,YHA,af ig Ap4rtanity[spa 4. The Municipality is committed to reviewing the Job Evaluation System a minimum of once every five (5) years. ACTING PAY 1. The Municipality will provide acting pay to employees who are temporarily assigned to perform the majority of responsibilities, including the essential elements of a higher paying job classification, for more than the noted consecutive working days. The following may apply: 2. No change in wage will result if the assigned job classification is lower than the employee's current classification, unless mutually agreed upon. 3. Where the employee is assigned to perform the majority of the duties of the higher rated job classification, including the essential elements, the employee will be paid, at the minimum rate of the assigned pay band of the higher rated job classification provided the assignment is: ➢ Minimum ten (10) consecutive full working days in a manager assignment; or ➢ Minimum five (5) consecutive full working days in all other assignments. 4. Exception: ➢ Where such a change results in an increase of less than 5%, the employee shall receive ➢ the next higher wage rate in the pay band; and ➢ The employee's new wage rate may never exceed the maximum of the higher rated job classification. SUCCESSION PLANNING 5. Employees selected for career grooming and development for promotion to high rated job classification will be placed in a higher pay grade for a specified and a greed upon timeframe (i.e., 12 to 18 months). The higher pay grade will be determined based on the level of responsibility assumed during this period. 6. All temporary assignments and acting pay must have prior written approval from the CAO/Clerk. 45 1�p,YHA,af ig Ap4rtanity[spa PAYROLL ADMINISTRATION PAY DAY 1. Employees will be paid bi-weekly with the pay period beginning on Monday and ending on the second (2"d) Sunday following. Payment will be made by direct deposit to the employee's bank account on Friday. 2. Each employee will be provided a statement of gross earnings, vacation pay, and deductions for the payroll period. Pay stubs will be distributed by the Treasurer and will only be released to the employee. 3. In the event that 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. 4. Salaried employees shall be paid on the basis of their annual salary divided by the number of pays in each year. 5. A T4 will be distributed to employees and former employees with earnings for the previous year, on or before February 28th of each year. PAY ADVANCES 6. The Municipality does not provide pay advances on wages to employees. ERRORS IN PAY 7. In the event that there is an error in the amount of pay, employees should promptly bring the discrepancy to the attention of their manager. Any required corrections will be documented and an adjustment will appear on the employee's next pay stub. PAY DEDUCTIONS 8. The Municipality must make certain deductions from every employee's remunerations, including applicable Federal and Provincial income taxes, Employment Insurance, and Canada Pension, to the amounts stipulated by legislation. Membership of OMERS is mandatory for regular full-time employees, and the amounts as directed by the plan are deducted from each employee's pay. 46 1�p,YHA,af ig Ap4rtanity[spa 9. Where the Municipality offers programs and benefits beyond those required by law, Employees will sign a form at the start of their employment authorizing non-statutory deductions. PAY GARNISHMENTS 10. The law requires the Municipality to comply with court-ordered payments and wage garnishments when they are presented. Employees affected by wage garnishments or court-ordered payments will be notified by the Payroll Administrator of any charges against their wages. 11. No person acting on behalf of the Municipality may dismiss; threaten to dismiss; discipline or suspend; impose any penalty upon; or intimidate or coerce any employee because of a wage garnishment or court-ordered payment. BENEFITS STATUTORY BENEFITS 1. The Municipality pays the following benefits required by statute on behalf of all employees and Members of Council where required: ➢ Employer Health Tax (EHT) ➢ Employment Insurance (EI) ➢ Canada Pension Plan (CPP) ➢ Workplace Safety and Insurance Board (WSIB) MUNICIPAL BENEFITS 2. Permanent full time and part time employees are eligible to participate in the Municipality's group benefit plan, upon the successful completion of their probationary period, or as specified in their employment contract. 3. Municipal benefits currently provide the following, in accordance with plan booklets: ➢ Pension through Ontario Municipal Employees Retirement System (OMERS) ➢ Vision and Dental Coverage ➢ Extended Health Care ➢ Life Insurance ➢ Accidental Death & Dismemberment ➢ Short-Term Disability ➢ Long-Term Disability 47 1�p,YHA,af ig Ap4rtanity[spa 4. Please see the group benefit plan booklet for more information and details about benefits. New employees will be provided with a benefit booklet when they become eligible for benefits. Benefits may change from time-to-time, in which employees will be provided with reasonable notice of changes. EMPLOYEE ASSISTANCE PROGRAM 5. Permanent employees and dependents have access to the London Employee Assistance Consortium (LEAC). For more information please contact, 519-432-1821 or visit the website http://www.leaceap.ca/index.htm. PROFESSIONAL DEVELOPMENT & CONTINUING EDUCATION 1. The Municipality encourages the ongoing professional development and continuing education of employees, and provides financial assistance in accordance with this policy. MEMBERSHIP FEES 2. The Municipality may agree to reimburse employees for membership dues to professional associations required or directly related to job duties, at the CAO/Clerk's discretion and prior approval. SEMINARS, CONVENTIONS AND CONFERENCES 3. The Municipality shall offer the following assistance to employees attending approved seminars, conventions and/or conferences: ➢ Transportation expenses, including parking, of delegate to and from the seminar, convention and/or conference. If delegate drives his/her own vehicle, he/she shall paid at the mileage rate as set by Council. If the employee travels by train or plane, a receipt is required. ➢ All registration fees levied by the seminar, convention and/or conference. ➢ Employees must have prior written approval from the CAO/Clerk, for all other reasonable expenses otherwise the expense will not be reimbursed. 48 1�p,YHA,af ig Ap4rtanity[spa EDUCATIONAL ASSISTANCE 4. The Municipality may offer reimbursement of tuition fees to encourage employees who have completed their probationary period, to upgrade their education and/or skills by enrolling in part-time studies at recognized colleges or universities. 5. Reimbursement of educational costs is contingent upon submission of proof of the successful completion of each course. All courses must receive approval prior to commencement of the course. Employees will obtain approval from the CAO/Clerk. While educational assistance is expected to enhance employee's performance and professional abilities, the Municipality cannot guarantee that participation in formal education will entitle the employee to automatic advancement, a different job assignment, or pay increases. 6. If the employee leaves employment shortly after their studies are completed, the timelines and percent reimbursement required are as follows: Timelines % Reimbursement Within one year of completion of studies 100% Within two years of completion of studies 66% Within three years of completion of studies 33% After three years of completion of studies 0% LONG-TERM SERVICE AWARDS 1. The Municipality believes in recognizing long-term service commitment within the Municipality. The Municipality recognizes their hard work over the years of service by providing their employees with long term service awards. 2. The Municipality believes that with long-term service commitment of its regular/permanent employees, it provides benefits to the Municipality, including but not limited to: ➢ Retention of valued expertise; ➢ Organizational stability and lower turnover; ➢ Creation of a positive and supportive work environment; ➢ Identification of role models and the opportunity to encourage a sense of community and shared purpose. 3. All permanent Municipal employees, volunteers, and members of Municipal committees will be recognized with a service award at every five (5) year increments of service. The 49 1�p,YHA,af ig Ap4rtanity[spa initial hire date shall be used to determine length of service. In the event of a break in service, a new initial hire date shall be established on the date of re-employment, and previous service may not be counted. 50 SECTION FOUR : WORKING HOURS , ATTENDANCE AND LEAVES 1�p,YHA,af ig Ap4rtanity[spa HOURS OF WORK 1. The Municipality has designed hours of work to deliver services in the most efficient and effective manner. As such, the standard work week for departments may vary in accordance with the nature of work that is performed. HOURS OF WORK 2. The normal hours of work for full time office/clerical non-union employees will be 8:30 am to 4:30 pm, Monday to Friday inclusive. A normal working day shall consist of seven (7) working hours and a normal working week of Thirty-five (35) working hours. 3. The normal hours of work for"outside" non-union employees shall be: ➢ Roads Operations Supervisor 7:00am to 3:30pm Monday to Friday inclusive. ➢ Chief Building Official (CBO) 8:00 am to 4:30 pm Monday to Friday inclusive. ➢ Manager of Public Works 8:00 am to 4:30 pm Monday to Friday inclusive. 4. Other individual work schedules may be required for some positions. Such working schedules shall be communicated to those employees in writing or stated within the employee's employment contract. 5. Staffing needs and operational demands may require changes to regular work hours and requires prior approval from Supervisor. Employees are expected to be at work and ready to perform the duties of their job when their shift starts. If you are to be late, you must let your supervisor know within 30 minutes of their regular start time or as soon as possible. FLEXIBLE TIME 6. Flexible scheduling, or flextime, is available in some cases to allow employees to vary their starting and ending times each day within the Municipality's core hours, 8:30am to 4:30pm. Arrangements must be approved in writing by the supervisor and CAO/Clerk. Issues such as staffing needs, the employee's performance, quality of service and the nature of the job will be considered before approval of flextime. Employees should consult with their supervisor to request participation in the flextime program. Note, flextime is not time off in lieu of overtime. REST AND MEAL BREAKS 7. Rest and meal breaks are provided to employees in excess of the requirements under Employment Standards Act (ESA). In each working day, an employee shall be permitted at such times as may be designated by their supervisor, the following: 52 1�p,YHA,af ig Ap4rtanity[spa ➢ Two (2), fifteen (15) minute paid break, to betaken in the morning and the afternoon. ➢ One (1) unpaid meal break. 8. Office personnel must take a one (1) hour unpaid meal break, between 11:30 am and 2:00 pm, at a time agreed to by the manager. All breaks should be taken when adequate coverage is available within the department. Employees are not to use/work through breaks to shorten the workday. TIMESHEETS 9. Employees should accurately record all hours worked, including all vacation, public holidays, sick/personal time and overtime worked. All non-union employees shall sign and submit their timesheets to their supervisor by Monday, for approval. The supervisor shall review and initial the timesheet and submit to payroll by Monday for processing. ATTENDANCE AND PUNCTUALITY 10. It is expected that all employees report for work with enough time to be at their workstation and ready to work at shift starting time. Work activity should commence at starting times and continue until the normal designated stopping times for breaks, lunch, or the end of work. 11. Failure to report to work on time or patterns of lateness may result in progressive disciplinary action per the Municipalities Progressive and Corrective Discipline Policy. OVERTIME REGULAR EMPLOYEES 1. Non-management employees overtime worked over regular hours of work, will be paid at one and one half times the employee's rate of pay. 2. Only hours worked count towards the overtime threshold. Time on vacation, statutory holiday, leaves, etc., does not count towards overtime. 3. All overtime worked must have the prior approval from the employee's supervisor. 4. Employees may bank time to a maximum of eighty (80) hours per year of overtime. 53 1�p,YHA,af ig Ap4rtanity[spa MANAGEMENT EMPLOYEES 5. As per the Employment Standards Act (ESA), Managers and Supervisors do not qualify for overtime pay if the work they do is managerial or supervisory and they perform non- supervisory or non-managerial tasks on an irregular or exceptional basis. 6. In recognition of additional hour's management employees may be required to work, the Municipality allows employees holding management and/or supervisory positions to bank up to one eighty (80) hours of paid straight time-off-in-lieu of overtime pay. The eighty hours is in addition to eligible vacation entitlement and paid holidays. If the manager doesn't use their banked overtime during the calendar year it will be forfeited and not eligible to be carried forward. 7. If an employee is uncertain as to whether they are classified as a manager and/or supervisor in accordance with this overtime policy, please speak with the CAO/Clerk. PAID PUBLIC HOLIDAYS 1. The Municipality recognizes twelve (12) days as public holidays and grants paid time off work on these days, subject to the conditions outlined below. Note, this includes the nine (9) days in accordance with the Employment Standards Act (ESA) and an additional three (3) days designated at this time as paid holidays by the Municipality. PAID HOLIDAYS 2. All employees are entitled to paid public holidays on each of the following: New Year's Day Civic Holiday Family Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day 3. To be eligible for public holiday pay, employees must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday. Salaried employees will continue to receive their regular pay while off on a public holiday. 54 1�p,YHA,af ig Ap4rtanity[spa 4. A recognized holiday that falls on a Saturday may be observed on the preceding Friday. A recognized holiday that falls on a Sunday may be observed on the following Monday. If eligible employees work on a recognized holiday, they will receive pay at their regular rate for hours worked plus another day off in lieu, with holiday pay. FLOATING HOLIDAYS 5. In addition to the holidays noted above, the afternoon prior to Christmas Day and the afternoon prior to New Year's Day shall constitute additional paid holidays at employee's regular rates of pay. Provided however, that Christmas and New Year's half holidays will be observed on the working days preceding the respective holidays. Except when Christmas Day and New Year's Day falls on Saturday, Sunday or Monday in which case the half-holiday will be observed on the preceding Friday afternoon. Subject to Council direction, employees may be granted additional paid days off between Christmas and New Year's. VACATION 1. At the Municipality each Supervisor is responsible for managing vacation schedules for their respective departments, in a manner that is as fair as possible to all employees. Vacation scheduling shall try to ensure minimum disruption of services within the department. VACATION ENTITLEMENT 2. The vacation entitlement year is based on the calendar year. Employees may not take vacation time that has not yet been earned, unless otherwise approved by the CAO/Clerk. Regular full-time employees are entitled to the following vacation time, based on the number of full, completed years of employment. Part-time and contract employees will be entitled to a prorated amount of vacation time, based on their regular hours worked. Years of Eligible Service (at Vacation Entitlement (for that January 11t) year Less than One (1) year One (1)working day for every completed month of service to a maximum of ten 10 days One 1 year Two 2 weeks Five 5 ears Three 3 weeks Ten 10 ears Four 4 weeks 55 1�p,YHA,af ig Ap4rtanity[spa Fifteen 15 ears Five 5 weeks Twenty 20 + years I Six 6 weeks 3. For regular full-time employees, vacation must be taken as time off. No cash payment in lieu of vacation time will be made. Vacations credits of up to one (1) week may be carried over into the subsequent calendar year, if approved by the CAO/Clerk. 4. If a public holiday falls during an employee's vacation time, the public holiday does not count as a vacation day. VACATION PAY 5. Salaried employees will continue to receive their regular pay while on vacation. 6. Hourly employees will earn vacation pay at the number of days indicated in the table above, based on years of employment. Vacation time is paid on the employees gross wages (including regular earnings, commissions, bonuses/gifts related to hours of work, overtime pay and public holiday pay) at the time of vacation. Upon terminations of employment, employees will be paid for outstanding vacation pay. Unused vacation equals vacation earned (prorated to termination date) less vacation days already taken. VACATION SCHEDULING 7. To take vacation, employees must submit a written request to their supervisor for advance approval in writing. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. Up to two (2) weeks may be taken at one time. More than two (2) weeks may be taken only with prior written approval of the CAO/Clerk. BEREAVEMENT LEAVE 1. Bereavement Leave shall be granted for attending a funeral and for bereavement purposes commencing the first day following the death, as follows: ➢ Five (5) working days immediately following the death of a spouse, child or step- child. ➢ Three (3) working days immediately following the death of a parent, grandchild, grandparent, stepmother, stepfather, brother, stepbrother, sister or stepsister, or parent of the employee's current spouse. ➢ Two (2) working days, to attend the funeral of the sister, brother, or grandparent of the employee's current spouse. 56 1�p,YHA,af ig Ap4rtanity[spa ➢ One (1)working day, to attend the funeral of an aunt or uncle, fellow employee, a close friend or to serve as a pallbearer. 2. Paid leave of absence in respect of bereavement will only be allowed for days on which the employee has been scheduled to work. Additional days may be granted with or without pay, with the discretion of the CAO/Clerk. JURY/COURT DUTY 1. Employees who is required to serve as a juror or subpoenaed as a witness in any court in Ontario, shall be granted a leave of absence for the days on which the employee would otherwise have been scheduled to work. 2. Employees shall be excused from work for the part of each day that the employee shall actually render serve as a juror or as a witness. 3. Upon completion of his/her jury duty or witness service, such employees shall present to his/her supervisor and/or CAO/Clerk a satisfactory certificate showing such period of service. Such employee will be paid his/her regular earning for the period of such jury or witness service provided he/she shall deposit with the Treasurer of the Municipality the full amount of compensation received, excluding mileage and travelling expense, an official receipt therefore. If the employee presents himself/herself for selection as a juror and is not selected, then he/she shall be required to return to his/her regular employment to complete his/her remaining normally scheduled work period. 4. Employees will be granted a maximum of twenty-four (24) hours of paid time off to appear in court as a witness at the request of a party other than the Municipality. Employees will be paid at their base rate, and are free to use any remaining paid leave benefits (such as vacation time) to receive compensation for any period of witness duty absence that otherwise would be paid. VOTING LEAVE 1. Where legislation, as amended from time to time, requires and where, by reason of the hours of his/her employment, an employee who is a qualified elector and who will not have four (4) consecutive hours to work while the polls are open on a polling day at an election, the employer shall, at the convenience of the employer, allow the employee such time for voting as is necessary to provide the four (4) consecutive hours. 57 1�p,YHA,af ig Ap4rtanity[spa 2. There will be no deduction from the pay of an employee or any penalty imposed on the employee by reason of absence from work during the time allowed by the employer from voting. INCLEMENT WEATHER DAYS 1. The Municipality acknowledges that for those employees who commute to work, travel can be impeded by weather, particularly in the winter months. In the event of inclement weather, the CAO/Clerk will decide whether or not the Municipality facilities will be open for that day. If closed, Management will arrange for all employees to be informed as soon as possible. 2. If Municipal facilities are open, employees should make every reasonable effort to make it to work on time. However, employees are not to endanger their personal safety in an attempt to get to work. If you anticipate being unable to report to work or being late for work because of inclement weather conditions, please contact your Manager as soon as possible, to advise of your absence or delay. 3. Employees should not drive on closed roads or violate any Highway Traffic Act regulations attempting to attend work. 4. In the circumstance that an employee is unable to get to work due to inclement weather, the employee will not be paid for absent time. If available the employee may make up their time absent (as business needs require) or use vacation pay and time instead with their Manager's prior approval. SICK LEAVE 1. The Municipality understands that on occasion employees are sick and unable to report to work. As such the Municipality sets the following policy. 2. All full time employees are allowed twelve (12) days paid sick leave per calendar year. The paid sick days are prorated for partial years employed with the Municipality and part time hours. 3. Sick days must only be used for personal illness, immediate family illness or personal emergency. 58 1�p,YHA,af ig Ap4rtanity[spa 4. Permanent employees are entitled to use up to four (4) days per calendar years from his/her sick leave entitlement to attend to a spouse, child and/or parent who are personally ill. 5. Unused sick days are not paid out or carried over to the following year. 6. Employees, who are unable to report to work due to personal illness, are to advise their immediate supervisor within 30 minutes of the start of their shift, indicating they are unable to report to work due to personal illness. 7. An employee who is absent from work for reason of illness, may be requested to provide a medical certificate to their supervisor. The employee is responsible for all costs associated to obtaining doctors notes. Failure to comply with this section may result in forfeiting pay, suspension or discharge from employment. SHORT-TERM DISABILITY (STD) 8. Employees may be eligible for STD income after sick leave entitlements have been utilized. The employee must apply to the carrier and obtain approval for these benefits. 9. STD benefits due to illness or non-occupational accident will be paid for a period of continuous absence up to 119 calendar days at 75% of the employee's regular pay. 10. Separate periods of disability occurring under this benefit will be considered one period if: ➢ They result from the same or related causes 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 are separated by a period of less than one full day during which the employee returned to active employment. 11. The cost of this plan will be paid 100% by the Municipality. Each employee who has completed their probationary period shall be eligible for the program. LONG-TERM DISABILITY (LTD) 12. Employees may be eligible for LTD income after STD leave entitlements have been utilized. The employee must apply to the carrier and obtain approval for these benefits. 59 1�p,YHA,af ig Ap4rtanity[spa 13. LTD benefits provides regular employees with 66.7% of basic monthly earnings (to a maximum of$4,000 per month, payable to age 65, following the initial period of STD coverage described above. 14. The cost of this pan will be paid 100% by the Municipality. Each employee who has completed their probationary period shall be eligible for the program. To be eligible for LTD benefits, an employee must have a medically determinable physical or mental impartment that prevents the employee from performing the regular duties of their position. STATUTORY LEAVES OF ABSENCES 1. Eligible employees may apply for various types of unpaid leaves of absence in accordance with the Employment Standards Act (ESA). These include, but are not limited to: ➢ Pregnancy or Parental Leave ➢ Personal Emergency Leave ➢ Family Medical Leave ➢ Family Caregiver Leave ➢ Domestic or Sexual Violence Leave ➢ Crime Related Death Leave ➢ Child Disappearance Leave 2. While an employee is on a statutory leave, maintenance of employee benefits will be administered in accordance with the applicable legislation on the following basis: ➢ Benefits plans for pensions, life insurance, accidental death, extended health, and dental shall continue unless the employee elects in writing not to do so and/or gives notice in writing that they don't intend to pay the employees premium contributions. 3. To learn more about these or additional statutory leaves, please visit the link or talk with your supervisor: http://www.labour.gov.on.ca/english/es/pubs/brochures/br leaves.php 60 1�,NXHA4f ig Ap4rtanity[spa DRESS, GROOMING AND PERSONAL HYGIENE 1. PURPOSE Each employee has personal preferences regarding dress, grooming, and personal hygiene. In order to maintain the professional image of the Municipality, and avoid any misunderstanding or workplace tension and conflict, this policy sets out certain minimum standards the Municipality expects for appropriate dress, grooming, and personal hygiene. 2. SCOPE This policy applies to all employees immediately upon hire. 3. RESPONSIBILITY Employees are expected to comply with the spirit of this policy and be sensitive to the concerns and needs of their fellow employees. Supervisors are accountable for ensuring their staff comply with this policy in spirit. The CAO is available to adjudicate any questions on dress, grooming, and personal hygiene. 4. POLICY 4.1 This policy intentionally does not set out a detailed list of do's and don'ts, or rules. Common sense of what is professional and considerate of others should prevail. 4.2 All Municipal employees that work in the office will dress in appropriate "business casual" attire, as they will be meeting residents, clients, suppliers, and other stakeholders. 4.3 The following list is consider"not"to be appropriate business attire: • Ripped or torn clothing • Sweat pants or work out gear • Tank tops • Muscle shirts • Dresses with spaghetti straps • Dirty or stained clothing • Suggestive or offensive attire 4.4 All employees should comply with good habits of grooming and personal hygiene and wear clothing that is clean and well maintained. 4.5 All Municipal employees that work outside the office will wear attire that is appropriate for their duties and contacts. Some employees will be required to wear personal protective clothing such as hard hats, gloves, footwear, vests, etc., under regulations contained in the Municipalities Health and Safety program. 61 1�p,YHA,af ig Ap4rtanity[spa 4.6 More formal and conservative attire may be required at Municipal social events, conferences, trade shows, and education events. 4.7 Some employees are sensitive to strong perfumes, colognes, or other scents, so be considerate and avoid using. 4.8 On Dress Down Fridays, you may dress more casually; however, you should still maintain a presentable appearance. 4.9 The interpretation of this policy is subject to Municipal discretion. The Supervisor will discuss any non-compliance within the spirit of this policy, with the employee, and ask for a change of behaviour. If there is a second occurrence, the employee may be sent home to change. 62 -g,AYH� REPORT CV CAO �rtunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: December 21, 2017 REPORT: CAO-86/17 SUBJECT: DOORS OPEN EAST ELGIN BACKGROUND On December 5, 2017 Ontario Heritage Trust sent 2018 Doors Open registration to the Town of Aylmer. On December 11, 2017 the Council of the Corporation of the Town of Aylmer passed the following resolution: THAT the Town of Aylmer Council requests the Township of Malahide and the Municipality of Bayham to defer the 2018 Doors Open East Elgin event, and consider holding the event in 2019, in order to ensure the availability of the necessary time and resources required to plan this event. DISCUSSION Doors Open Ontario is a program coordinated by the Ontario Heritage Trust. The Ontario Heritage Trust works with communities across the province to open the doors, gates and courtyards of their unique and most fascinating cultural sites so the public can explore the stories hiding inside. Every April to October, through Doors Open, Ontario's heritage treasures are open to the public with free events across the province. From historical houses to modern marvels of construction, Doors Open Ontario showcases the buildings, natural spaces, infrastructure and cultural landscapes that shape and define Ontario communities. The basic premise of this program is to invite people to visit sites of interest that are not normally open to the public—for free. There may be value-added tours or on-site gift shops that will cost extra. But access to the building during the Doors Open event is free of charge. Across Ontario Doors Open statistics are as follows: • 43 events hosted in 145 communities, representing 71 municipalities and 1,021 buildings/sites • Of the 30 per cent of participants who came from outside the host community, 71 per cent travelled specifically to participate in Doors Open Ontario Doors Open East Elgin was held on September 16, 2017. Statistics for Doors Open East Elgin Events are as follows: DOORS OPEN EAST ELGIN STATISTICS 2013 2015 2016 2017 Sites 21 23 17 10 Bayham Sites 10 8 5 8 Visits 1,307 1,375 614 539 Sites Not Normally Open to the Public 0 0 0 0 Total Paid Hours 368 140 160 90 Volunteers 39 91 40 4 Volunteer Hours 524 420 240 41 The 2017 Municipality of Bayham sites were the Straffordville Library, Port Burwell Library, Marine Museum and Lighthouse, Mennonite Clearance Centre, Port Burwell Trinity Church, Periscope Playhouse and the Bayham Family Table. The total attendance was 330, with 223 of those visitors attending the municipal sites. In 2017 the Township of Malahide, City of St Thomas and Municipality of Central Elgin chose to reallocate tourism funds elsewhere and did not take part in the Doors Open Program. The Municipality of Bayham generally allocates the Bayham portion of the registration fee from the Tourism Operating Budget. Staff time is unallocated and is drawn from the General Government line. Generally the duties of the coordinating Municipality, which was the Municipality of Bayham in 2016, are as follows: • Contact partner municipalities to determine interest, register and submit registration fee; • Invoice partner municipalities; • Send emails to previous participants to inquire if they wish to participate; • Send event listing sheets; • Collect participant information from partner municipalities; • Inquire from partner municipalities regarding numbers for supplies; • Order supplies and provide to partner municipalities; • Send reminder emails to partner municipalities and event locations; • Obtain information sheets from participants, event listing sheets and insurance certificates; • Input all participant information and photos on Doors Open Website; • Update Doors Open Website as participant information is provided; • Update Municipal Website with Event Information; • Create flyer and ad once all participant information is received; • Print and provide participants surveys, flyers listing all sites, surveys, visitor tallies etc. required for the day; • Contact participants to pick up supplies; • Have partner municipalities pick up supplies or deliver to coordinating municipality; • After event follow up for receipt of signs, surveys, visitor tallies etc.; • Complete and submit required information to Doors Open following event; • Community Organizer Evaluation Form - calculate using information sheets received from sites; Generally the work for Doors Open East Elgin begins in December the year prior and is ongoing until after the event date. As 2018 is an election year staff would respectfully recommend the Municipality of Bayham not take part in Doors Open as staffing resources are required elsewhere. Further, as community involvement in the program has declined and various municipalities withdraw from the program staff wanted to again present Council with background information on the program and present the option of allocating resources elsewhere. RECOMMENDATION 1. THAT Report CAO-86/17 re Doors Open East Elgin be received for information. 2. AND THAT the Municipality of Bayham not take part in Doors Open 2018. Respectfully Submitted by: Paul Shipway CAO THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-120 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND JOHNSTON BROS. (BOTHWELL) LTD. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Johnston Bros. (Bothwell) Ltd. for Supply and Placement of Granular Materials NOW 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 "A" and forming part of this by-law between Johnston Bros. (Bothwell) Ltd. and the Municipality of Bayham; 2. 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 21st DAY OF DECEMBER 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-121 BEING A BY-LAW TO REGULATE FIRES IN THE MUNICIPALITY OF BAYHAM WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, states that a Council of a Municipality may pass by-laws regulating fire prevention, including the prevention of the spreading of fires, and regulating the setting of open air fires, including establishing the times during which open air fires may be set; AND WHEREAS Division B Part 2 of the Ontario Fire Code, O.Reg. 213/07, provides that open air burning shall not be permitted unless approved or unless such burning consists of a small, confined fire, supervised at all times, and used to cook food on a grill or barbecue; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that despite any Act, a Municipality and a local board may pass by-laws imposing fees or charges on any class of person for services or activities provided or done by or on behalf of it or for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; AND WHEREAS Section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to pass by-laws respecting the environmental well-being of the municipality and the health, safety, and well-being of persons; AND WHEREAS Section 125 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to regulate the use and installation of heating appliances and the storage of fuel for use in heating appliances; AND WHEREAS the Council of the Municipality of Bayham desires to lessen the risk to life and property from the potential air pollution from wood burning appliances; AND WHEREAS the Council of the Municipality of Bayham is desirous of enacting a by-law to regulate the setting of fires; NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: SHORT TITLE This By-law may be cited as the `Burning By-law'. 1. DEFINITIONS For the purposes of this by-law 1.1 "Approved" means approved by the Fire Chief or designate. 1.2 "Authorized Agent" means any Responsible Person who can provide reasonable evidence that they are authorized to act for the Owner of a particular property. 1.3 "Ban" on Open-Air fires means a restriction or prohibition on Open-Air fires issued by the Fire Chief. 1.4 "Building" means any structure used or intended for supporting or sheltering any use or occupancy, but does not include a non-enclosing open-sided structure. 1.5 "Burn Permit" means a written conditional authorization in the form of Form 1 — Burn Permit (Schedule C), issued and administered by the Municipality to set or maintain an Open-Air fire, in accordance with any restrictions and conditions contained in this By-Law or as may be specified on the Burn Permit. 1.6 "Chiminea" means a device largely made from pottery and which is equipped with a chimney and a substantially enclosed hearth in which a recreational fire may be set. 1.7 "Combustible" means any material, combination of materials, or arrangement of materials in which any portion thereof is susceptible to catch fire when exposed to heat, flame, or other burning materials. 1.8 "Council' means the Council of the Corporation of the Municipality of Bayham. 1.9 "Effective Barrier" means an enclosure on the ground with a complete perimeter of metal, masonry, stone or earth, with the enclosure walls having a minimum height from the ground of at least 1/3 the measured diameter or width, as the case may be, based on the applicable shape of the enclosure. 1.10 "Exempt' means that, under specified conditions, a particular type or configuration of Open-Air fire does not require a Burn Permit. 1.11 "Fire Code" means the Ontario Fire Code, O. Reg. 213/07, as enacted under the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended. 1.12 "Fire Chief' means the assistant to the Fire Marshal who is the Municipal Fire Chief or a member or members of the Fire Department appointed by the Municipal Fire Chief under Article 1.1.1.2 of Division C of the Fire Code or a person appointed by the Fire Marshal under Article 1.1.1.1 of the Fire Code. 1.13 "Fireworks" means a consumer device containing gunpowder and other combustible chemicals that causes an explosion when ignited and classified by the Canada Explosive Regulations as low hazard fireworks for recreation (Class 7.2.1). 1.14 "Flying Lantern" means a small hot air balloon fueled by an open flame and when released, the hot air produced by the fuel source can lift the lantern to substantial heights and allows it to drift for long distances. 1.15 "Incinerator" means a device that is operated and Regulated, including but not limited to licensing under a Certificate of Approval from the Ontario Ministry of the Environment and which is not subject to the requirements of this By-law. 1.16 "Made Safe" means that all reasonable and prudent steps are taken to guard against the spread of fire due to rekindling by ensuring all combustible materials are wet or have been removed or consumed and no further heat is being generated. 1.17 "Multi-unit Residential Building" means any building in which there are three or more residential dwelling units as defined by the Ontario Building Code. 1.18 "Municipal Law Enforcement Officer" means that person, or persons, appointed by Council of the Municipality of Bayham for the purpose of enforcing Municipal By- laws or designates, including Municipality of Bayham Fire Department Officials. 1.19 "Municipality" means the Corporation of the Municipality of Bayham. 1.20 "Occupancies" means the use or intended use of a building or part thereof as defined in the Ontario Building Code. 1.21 "Open-Air fire" means: 1.21.1 any fire set outdoors; 1.21.2 but does not include: 1.21.2.1 fires in Incinerators; or 1.21.2.2 fires in devices installed outside of a building that are used as a source of heat or power for the building or that are ancillary to a manufacturing process, operated within such building and provided that such device is certified for by a recognized and appropriate agency for a purpose requiring the containing of a fire. 1.22 "Owner" means an owner, lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham. 1.23 "Person" means any individual, association, firm, partnership, corporation, agent, or trustee and their heirs, executors, or other legal representation of such person. 1.24 "Responsible Person" means any adult person (18 years of age or older) who, in the opinion of a Municipal Law Enforcement Officer, is capable of exercising the required judgment and capable of performing the necessary actions to control a fire and prevent its unwanted spread. 1.25 "Rural Area" means any lands located outside of the Urban Areas as designated in the Municipality of Bayham Zoning By-law No. Z456-2003 as amended. Notwithstanding the boundaries listed in Zoning By-law No. Z456-2003, as amended, any particular property falling within a designated Urban Area boundary that meets the following zoning categories is considered a Rural Area for the purposes of this By-law: 1.25.1 Hazard Lands (HL), but only that portion that is within 30 meters (98.43 feet) of the Lake Erie shoreline; 1.25.2 Open Space (OS); 1.25.3 Tourist Commercial (C3) but only that portion being used as a campground. 1.26 "Solid Fuel Heating Appliance" means a heating appliance capable of burning solid fuel and capable of being used for comfort or heating. 1.27 "Structure" means anything constructed or erected, the use of which requires location on or in the ground. 1.28 "Urban Area" means, for the purposes of this By-law, an area that is not a Rural Area as defined in Section 1.24 above. 2 RESTRICTIONS ON BURNING 2.1 No person shall set or maintain an Open-Air fire except; 2.1.1 an Exempt fire as described in Section 3 of this By-law; or 2.1.2 as is permitted under the conditions of an issued Burning Permit as defined in Section 5 of this By-law. 2.2 No person shall set or maintain any Open-Air fire where the fuel is any material other than those materials outlined in Schedule "A", forming part of this By-law. 2.3 No person shall use or permit the use of a Solid Fuel Heating Appliance that is fueled by any material other than those materials outlined in Schedule "A", forming part of this By-law. 2.4 No person shall set off, or cause to be set off, at any time, any Flying Lanterns anywhere in the Municipality of Bayham. 2.5 No person shall set, maintain or permit a Fire to be set or maintained, contrary to any provision of this by-law. 2.6 No person shall contravene any conditions of a Permit issued under the provisions of this by-law. 2.7 No person shall contravene any conditions of setting or maintaining a Fire under the provisions of this by-law. 2.8 No person shall contravene any Order issued under the provisions of this By-law 2.9 No person shall fail to comply with any Order issued under the provisions of this By- law 3 EXEMPT FIRES The following types of Open-Air fires are Exempt and such fires may be set and maintained anywhere in the Municipality of Bayham provided that the conditions in this By-law are fully met; 3.1 Cooking Fires 3.1.1 A charcoal, compressed gas, or wood fire, that is only large enough for the cooking purpose described below, and is confined within a barbecue or grill that is constructed of metal, ceramic, stone, or masonry, and that is exclusively designed for and being used for the cooking of food for human consumption, and is continuously supervised by a Responsible Person, and provided that all of the following conditions are met; 3.1.1.1 such fire is not on a porch, balcony, or verandah that is roofed and is attached to a Multi-unit Residential Building; and 3.1.1.2 such fire is not in within three 4 meters (13.1 feet) of dry vegetation; and 3.1.1.3 such fire is not set or maintained in any place that by its design, material burned, or use of those of the surrounding lands is conducive to the development or the spread of fire or explosion. 3.2 Construction or Maintenance Activities 3.2.1 An appliance of a portable nature which requires an open flame for the heating of a material during a construction or maintenance process, provided such appliance is safe to operate, and provided that it is not operated in such a manner as to create a fire hazard, and provided that the fire is attended and supervised at all times by a Responsible Person. 3.3 Other Flaming Devices 3.3.1 Patio torches, candles or Fireworks provided that all of the following conditions are met: 3.3.1.1 such devices are not operated within 4 meters (13.1 feet) of dry vegetation; and 3.3.1.2 such devices are not operated in any other place conducive to the development or the spread of fire or explosion, and 3.3.1.3 such devices are permitted or licensed by By-law. 3.4 Recreational Fire 3.4.1 With the permission of the subject property owner, a recreational fire on privately owned lands provided that such campfire meets all of the following: 3.4.1.1 the fire is for the provision of warmth, recreation or cooking; and 3.4.1.2 the area designated for the fire is not more than 66 centimeters (26 inches) in any horizontal dimension; and 3.4.1.3 all materials to be burned are contained around the complete perimeter of the designated area by an Effective Barrier of metal, masonry, ceramic, or stone, or are within a like-dimensioned pit in the ground; and 3.4.1.4 the pile of materials to be burned is not more than 66 centimeters (26 inches) in height; and 3.4.1.5 the fire is located at least 4 meters (13.1 feet) from any building, structure, property line, tree, canopy, hedge, fence, roadway ,overhead wire or other combustible material; and 3.4.1.6 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to nearby Combustible materials; and 3.4.1.7 a means to extinguish the fire is readily available; and 3.4.1.8 the fire is attended and supervised at all times by a Responsible Person; and 3.4.1.9 at the completion of the burn, the fire shall be completely extinguished and shall be Made Safe before it is left unattended. 3.5 Burn Barrels 3.5.1 An enclosed fire in a Burn Barrel on privately owned lands that are located in a Rural Area provided that all of the following are met: 3.5.1.1 the Burn Barrel is situated securely on level ground; and 3.5.1.2 the Burn Barrel is in good condition; and 3.5.1.3 all openings in the Burn Barrel are covered at all times by a suitable metal wire mesh with a grid openings of not more than 6 mm (1/4 inch) in diameter; and 3.5.1.4 the fire is attended and supervised at all times by a Responsible Person; and 3.5.1.5 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to Combustible materials 4 meters (13.1 feet) of the Burn Barrel. 3.6 Chiminea 3.6.1 A fire in a Chiminea on any privately owned lands provided that such fire meets all of the following: 3.6.1.1 is in an Urban Area and no portion of the hearth of the Chiminea is more than 61 centimeters (24 inches) in diameter, and 3.6.1.2 all openings in the Chiminea are completely covered at all times by a suitable metal wire mesh with a grid openings of not more than 6 mm (1/4 inch) in diameter; and 3.6.1.3 only clean and dry wood or charcoal be burned; and 3.6.1.4 the Chiminea is not located on any Combustible surface, and 3.6.1.5 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to any Combustible materials; and 3.6.1.6 the fire is attended and supervised at all times by a Responsible Person. 4 CONDITIONS ON EXEMPT FIRES Any person who sets or maintains an Exempt Fire as provided for in Section 3 of this By-law shall be responsible to take all necessary steps to ensure that all of the following conditions are met: 4.1 Smoke 4.1.1 The smoke or other emissions from the fire shall not travel across any public roadway to an extent or degree that it may cause a public safety hazard to any person traveling on the highway, including but not limited to, travel as a pedestrian or as an operator of a motor vehicle. 4.2 Clearances (unless otherwise stated) 4.2.1 The fire shall be located a distance of at least 4 meters (13.1 feet) horizontally and 10 meters (32.8 feet) below any portion of any Combustible structure or accumulation of Combustible materials. 4.3 Materials Restricted 4.3.1 Except as may be more specifically restricted elsewhere in this by-law, only the materials listed on Schedule A shall be permitted to be burned. 4.4 Extinguishment 4.4.1 At the completion of the burn, the fire shall be completely extinguished and the burn site shall be Made Safe before it is left unattended. 5 BURN PERMITS 5.1 The Fire Chief or designate shall issue written Burn Permits to owners of property in a Rural Area, or to the Authorized Agent of the owner of such property, permitting a Responsible Person to burn Schedule A materials, under all of the following conditions: 5.1.1 All the conditions of Section 4 of this By-law shall apply equally to Burn Permitted fires. 5.1.2 Constant supervision of the fire shall be maintained by a Responsible Person with the necessary means immediately available to extinguish the fire or limit its spread and in addition having the means readily at hand to summon the fire department. 5.1.3 The property owner shall be held responsible and shall be liable individually and severally for the actions of their Authorized Agent with respect to the provisions, conditions, and penalties contained in this By-law. 5.1.4 No person shall conduct an Open Air burn on either any public road allowance or municipal property unless such burning is being conducted by authorized employees or Authorized Agents of the Municipality of Bayham. 5.1.5 The size of any pile of materials to be burned: 5.1.5.1 shall not exceed 9 square meters (96.84 square feet) in area and 2 meters (78.75 inches) in height, as measured from the ground level, unless specifically approved under an exemption; and 5.1.5.2 in the case of an area zoned Agricultural, shall not exceed 36 square meters (387.36 square feet) in area and 2 meters (78.75 inches) in height, as measured from the ground level, unless specifically approved under an exemption; and 5.1.6 The days of the week and the hours of the day during which the Burn Permit is valid are indicated on the permit. Burning shall not be allowed between '/2 hour after sunset and '/2 hour before sunrise unless specifically approved under an exemption. 5.1.7 An expiry date shall be indicated on the Burn Permit. In no case shall a Burn Permit have an expiry date of that exceeds December 31st of the year of issue. The expiry date on a Burn Permit shall not be extended due to any suspension of the permit. 5.1.8 Permit fees are specified in the current Municipality of Bayham Fees By-Law. 5.1.9 The fee collected for each Burn Permit is non-refundable regardless of whether or not the privileges granted under the permit have been exercised. No adjustment or refund of fee shall be provided due to suspension or revocation of any Burn Permit. 5.1.10 All Burn Permits are automatically suspended on any day when there is a smog advisory or alert issued for that day, as applicable to the area for which the burn Permit is issued, by the Ontario Ministry of Environment and Energy. 5.1.11 All valid Burn Permits are automatically suspended during such periods and in such areas where gusting or sustained wind speeds exceed 20 kilometers per hour (12.43 miles per hour). 5.1.12 All valid Burn Permits are automatically suspended during such periods and in such areas where the Fire Chief has determined that there exists a High or Extreme Fire Weather Index (FWI) or other hazardous conditions and issues a Burn Ban. 5.1.13 The Burn Permit shall specify as the 911 address of the location of the intended fire. Separate Burn Permits will be required for properties at different addresses. 5.1.14 The holder of a Burn Permit shall advise Fire Communications before any burning commences and again when the fire is extinguished. 5.1.15 The holder of a Burn Permit shall keep it or a legible copy of it at the location of the fire specified on the Burn Permit. 5.1.16 Any Burn Permit holder who is in violation of this By-law shall have their Burn Permit summarily revoked and all fires shall be immediately extinguished or shall be caused to be extinguished. 5.1.17 Burn Permits are non-transferable. 6 BURNING OF RUBBISH PROHIBITED 6.1 No person shall install, use, and/or maintain an unlicensed incineration device for the burning of garbage or other refuse in any class or classes of Building. 7 FIRE BAN 7.1 Despite the existence of valid Burning Permits, the Fire Chief may issue a Ban on any or all Open-Air Fires or may suspend without recourse any or all Burning Permits and cause to be extinguished any or all Open-Air Fires (whether Permitted or Exempt) until such conditions as the Fire Chief may indicate are met. 8 RIGHT TO ENTER AND ENFORCE 8.1 Municipal Law Enforcement Officers shall have the right to enter at all reasonable times upon any property in order to ascertain whether this By-law is being obeyed, and to enforce or carry into effect the By-law. 9 FIRE DEPARTMENT EXEMPT 9.1 Any fires under the direct and constant supervision and control of the Municipality of Bayham Fire Department are exempt from the provisions of this by-law. 10 PENALTY 10.1 Every person who contravenes or who causes or permits a contravention of any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. 10.2 Every person who knowingly provides false or misleading information for the purposes of obtaining a Burning Permit is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. 10.3 If a contravention of any provision of this by-law occurs, the contravention may be presumed to have been committed by the owner of the land on which the contravention occurred, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. 10.4 If a Municipal Law Enforcement Officer is satisfied that a Solid Fuel Heating Appliance is being used in contravention of the by-law, the Municipal Law Enforcement Officer may make an oral order requiring any one or more of the person who is contravening the by-law, the person who caused or permitted the contravention, or the person who owns or occupies the land on which the contravention is occurring, to discontinue the contravention immediately. 10.5 If the contravention of this By-law results in fire suppression or fire safety personnel and vehicles being dispatched to respond, the person in control of the fire and/or the property owner may be charged, at the discretion of the Fire Chief, for the cost of such response according to the rates published in the current Municipality of Bayham Rates and Fees By-Law. However, nothing in any schedule of rates shall be construed as limiting the rights of the Municipality to seek restitution for other direct or consequential damages or costs incurred beyond those listed. 10.6 The quantity and type of fire vehicles and personnel dispatched to respond for the purposes of extinguishing, controlling, or investigating any fire are at the discretion of the Fire Chief. 11 VALIDITY 11.1 In the event that any of the provisions of this By-law are deemed ultra-vires by any Court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. 12 REPEAL 12.1 That By-law No. 2006-047of the Municipality of Bayham is hereby repealed in its entirety. 13 EFFECTIVE DATE 13.1 This by-law shall come into force and effect on the date of final passage thereof and approval of Set Fines. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER, 2017. MAYOR CLERK SCHEDULE A By-law No. 2017-121 All materials other than those listed below are specifically prohibited from being burned • wood and wood by-products that have not been chemically treated, painted or stained • paper and cardboard • brush, stumps, hay, straw, grass and other yard, garden or agricultural materials • natural or petroleum gases or liquids used as appliance fuels • charcoal materials intended for B-B-Q use. • other clean burning Combustible materials that may be specifically Approved by the Chief Fire Official. SCHEDULE B DEFINED URBAN AREAS By-law 2017-121 Explanatory note: "Urban Areas"include all areas shown on the following zoning by-law schedules except those portions of these areas that are considered a Rural Area according to Section 4 of this By-law. Community By-law Schedule Name Calton Z456-2003 as amended G Corinth Z456-2003 as amended B Eden Z456-2003 as amended D North Hall Z456-2003 as amended C Pt. Burwell Z456-2003 as amended I Richmond Z456-2003 as amended E Straffordville Z456-2003 as amended F Vienna Z456-2003 as amended H THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-122 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND GARY D. ROBINSON CONTRACTING LTD. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Gary D. Robinson Contracting Ltd. for sliplining of culverts associated with the reconstruction of Springer Hill Road; NOW 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 "A" and forming part of this by-law between Gary D. Robinson Contracting Ltd. and the Municipality of Bayham; 2. 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 21t" DAY OF DECEMBER 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-123 BEING A BY-LAW TO ADOPT A CODE OF CONDUCT POLICY FOR COUNCIL AND LOCAL BOARDS TO PROMOTE ACCOUNTABILITY AND TRANSPARENCY IN MUNICIPAL GOVERNANCE WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Part V.1, Accountability and Transparency, Section 223.2(1) of the Municipal Act, 2001, c. 25, as amended authorizes a Municipality to establish codes of conduct for members of council of the Municipality and of local boards of the Municipality; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it further necessary to adopt a new Code of Conduct Policy reflecting the required ethical and legal requirements for all members of the Council of the Municipality and of local boards of the Municipality for all deliveries of services; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT a Code of Conduct for Council and Local Boards attached as Schedule "A" be adopted. 2. THAT By-law No. 2014-103 be repealed in its entirety. 3. THAT in the event that section or sections of this by-law thereof are found by a Court of competent jurisdiction to be invalid or ultra vires, such section, sections or parts thereof shall be deemed to be severable, with all other sections or parts of this by-law remaining in the full force and effect. 4. THAT this by-law shall take effect upon its adoption. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2017. MAYOR CLERK O�'Ao rtunity Is CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Table of Contents PART 1: PREAMBLE: ................................................................................................................. 3 PART 2: DEFINITIONS............................................................................................................... 3 PART 3: APPLICATION.............................................................................................................. 4 PART4: PURPOSE.................................................................................................................... 4 PART 5: GENERAL DUTIES ...................................................................................................... 5 PART 6: CONFLICT OF INTEREST ........................................................................................... 5 PART 7: GIFTS AND PARTICIPATION AT EVENTS.................................................................. 6 PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS & MUNICIPAL STAFF......... 8 PART 9: IMPROPER USE OF INFLUENCE ............................................................................... 8 PART 10: CONFIDENTIAL INFORMATION................................................................................ 9 PART 11: COMMUNICATIONS AND MEDIA RELATIONS......................................................... 9 PART 12: MUNICIPAL ELECTION CAMPAIGNS ..................................................................... 10 PART 13: CONDUCT OF FORMER MEMBERS....................................................................... 10 PART 14: USE OF MUNICIPAL PROPERTY............................................................................ 10 PART15: NEPOTISM............................................................................................................... 11 PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER................................................. 11 PART 17: REPRISALS ............................................................................................................. 11 PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS:...................................... 12 18.1 REQUIREMENTS................................................................................................ 12 18.2 MUNICIPAL POLICIES........................................................................... 12 PART 19: COMPLIANCE /ACCOUNTABILITY/ ENFORCEMENT .......................................... 12 PART 20: OTHER COMPLAINCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO THE INTEGRITY COMMISSIONER............................................................................. 15 PART 21: JUDICIAL INVESTIGATION ..................................................................................... 16 PART 22: SUMMARY ............................................................................................................... 18 COUNCILLOR ACKNOWLEDGEMENT................................................................................. 19 Appendix A................................................................................ Error! Bookmark not defined. AppendixB............................................................................................................................. 21 AppendixC............................................................................................................................. 23 Appendix D................................................................................ Error! Bookmark not defined. Page 1 2 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PART 1: PREAMBLE Members have important obligations and responsibilities to those they represent, service and interact with in connection with carrying out the roles and duties attending a Member's office. The purpose and intent of this Code of Conduct is as follows: (i) To establish guidelines for ethical conduct required of Members; (ii) To establish guidelines to encourage and ensure interpersonal conduct, communications and interactions consistent with legal requirements (i.e. Occupational Health and Safety Act, Ontario Human Rights Code); and (iii) To provide mechanisms to ensure accountability and compliance with the required ethical and interpersonal conduct standards of this Code of Conduct. PART 2: DEFINITIONS 2.1 "Censure" means an official expression of disapproval or condemnation. 2.2 "Clerk" shall mean the Clerk of the Municipality of Bayham. 2.3 "Closed Meeting" shall mean a meeting or part of a meeting of Council not open to the public in accordance with the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended. 2.4 "Committee" shall mean an Advisory Board or Committee established by Council. 2.5 "Complaint" shall mean an alleged violation of this Code. 2.6 "Confidential Information" includes information in the possession of the Municipality that the Municipality is prohibited from disclosing under the Municipal Freedom of Information and Protection of Privacy Act, the Personal Health Information Protection Act, 2004 and other applicable legislation. Confidential Information also means any information that is of a personal nature to Municipal employees or clients or information that is not available to the public and that, if disclosed, could result in loss or damage to the Municipality or could give the person to whom it is disclosed an advantage. Confidential Information includes items disclosed or discussed at closed sessions of Council and Committee meetings. 2.7 "Council" shall mean the elected officials who constitute municipal council for the Corporation of the Municipality of Bayham. 2.8 "Employee" shall mean a person employed by the Municipality, including those employed on personal service contracts and volunteers, but does not include members of Council. 2.9 "Gift" includes any cash or monetary equivalent fee, object of value, service, forbearance, preferential treatment or personal benefit received from a third party. 2.10 "Good Faith" shall mean accordance with standards of honesty, trust and sincerity as practiced and understood within the Municipality of Bayham. Page 3 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 2.11 "Integrity Commissioner" shall mean a person appointed by Council to provide independent and consistent complaint investigation and resolution respecting the application of the Code of Conduct. 2.12 "Immediate Relative" shall mean a parent, child, sister, brother, sister-in-law, brother-in- law, father-in-law, mother-in-law, as well as step-relationships. 2.13 "Lobby" or"lobby" shall mean to communicate with a member outside of a public process about matters of interest or benefit to the lobbyist and their client business organization. Communication may be about a bylaw or resolution on any matter that requires a decision by Council, a local board, or delegated decision-maker and includes matters regarding policies or programs, the purchase of goods and services and the awarding of contracts, applications for a service grant, planning approval, or other licence. 2.14 "Media" includes any entity such as radio, television, newspaper, magazine, websites, blogs, social media, twitter feeds or other vehicles for the public dissemination of information. 2.15 "Member" means any member of Council, and includes the Mayor and any member of the public appointed to a committee or advisory board. 2.16 "Meeting" shall mean any regular, special or other meeting of Council. 2.17 "Pecuniary Interest" shall mean an interest that has a direct or indirect financial impact or as defined under the Municipal Conflict of Interest Act, as amended. 2.18 "Spouse" shall mean the person to whom a Member is married or with whom the Member is living in a conjugal relationship. PART 3: APPLICATION 3.1 This Code of Conduct applies to the Mayor, Deputy Mayor and all Members of Council and members of the public appointed to committees and advisory boards. PART 4: PURPOSE 4.1 A Member's conduct and behavior in terms of ethics and interpersonal conduct and communications are regulated by legislative acts including but not limited to: a) Criminal Code of Canada; b) Human Rights Code; c) Municipal Act, 2001; d) Municipal Conflict of Interest Act; e) Municipal Freedom of Information and Protection of Privacy Act; f) Municipal Elections Act, 1996; g) Personal Health Information Protection Act, 2004; h) The Public Inquiry Act, and, i) The Occupational Health and Safety Act. Page 4 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PART 5: GENERAL DUTIES 5.1 It shall be the duty of all Members to abide by all applicable legislation, policies and procedures pertaining to their position as a Member. 5.2 Members shall at all times serve and be seen to serve their constituents in a conscientious and diligent manner. 5.3 Members will conduct their dealings with each other in ways that maintain public confidence in the position to which they have been elected or appointed. 5.4 Members will be open and honest, focus on issues rather than personalities, and avoid aggressive, offensive or abusive conduct. 5.5 Members shall accurately and adequately communicate the attitudes and decisions of the Council even if they disagree with Council's decision, such that respect for the decision making processes of Council is fostered. 5.6 Members shall conduct themselves at all Council and Committee Meetings with decorum, in accordance with the Municipality of Bayham Procedural By-law. 5.7 In accordance with the Municipal Act, 2001 and the Municipal Conflict of Interest Act, every Member shall exercise his or her power and discharge his or her official duties in accordance with the following guiding principles: a) Seek to advance the common good of the Municipality of Bayham; b) Exercise care, diligence and skill that a reasonably prudent person would exercise in similar circumstances; c) Exercise his or her powers only for the purposes for which they were intended; and, d) Truly, faithfully and impartially exercise his or her office to the best of his or her knowledge and ability. PART 6: CONFLICT OF INTEREST 6.1 Members have strict obligations to avoid conflicts of interest by taking the following steps whenever a member has a direct or indirect pecuniary interest in any matter that is before Council in a meeting where the member is present: (i) disclose the general nature of the member's interest, pursuant to the Municipality of Bayham Procedural By-law, prior to any consideration of the matter in the meeting; (ii) refrain from participating in the discussion of the matter or in any vote on the matter; and, (iii) refrain from attempting to influence the voting on the matter or question, before, during or after the meeting. 6.2 All members have important ethical and statutory obligations to adhere to the steps outlined above to ensure avoidance of any conflict of interest in connection with carrying out the obligations of the Member's office. Page 5 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 6.3 Each Member must declare the conflict of interest and general nature thereof verbally at the beginning of each meeting and provide the Clerk with the signed declaration in accordance with Appendix D attached. 6.4 While the Integrity Commissioner may provide general interpretation of the Municipal Conflict of Interest Act (MCIA), it is expected that members seek independent legal advice on a specific question of individual compliance with the MCIA. 6.5 Members shall be responsible for ensuring that they are familiar with the Municipal Conflict of Interest Act. If, upon review by the Integrity Commissioner, a complaint is deemed to be a matter covered by the Municipal Conflict of Interest Act, the Integrity Commissioner shall advise the complainant, with an explanation, in writing, and an investigation may be conducted in accordance with powers and duties of integrity commissioner. PART 7: GIFTS AND PARTICIPATION AT EVENTS 7.1 No Member shall solicit or accept any gift or accept or receive a fee, advance, cash or personal benefit that is directly or indirectly connected with the performance of his or her duties of office. For the purposes of this provision any gift provided to a Member's child, parent or spouse with the Member's knowledge shall be deemed to be a gift accepted by that Member; 7.2 The Municipality recognizes that moderate hospitality and participation in charitable non- profit fundraising and business events is an accepted facet of community participation and business relationships. Accordingly, the following types of gifts are recognized as exceptions to the prohibition in Section 7.1: a) gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibilities of office; b) token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee for speaking at an event or representing the Municipality at an event; c) food and beverages consumed at lunches, dinners, charity fundraisers, banquets receptions, ceremonies or similar events if the Member's attendance serves a legitimate municipal purpose; d) communications to the offices of a Member including subscriptions to newspapers and periodicals; e) compensation authorized by law; f) political contributions that are offered accepted and reported in accordance with applicable law; g) services provided without compensation by persons volunteering their time; h) gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies, cultural events, sporting events, business galas, political events and similar events if the Member's attendance serves a legitimate municipal purpose; i) reasonable payment for participation in or organizing any reception, dinner, gala, golf tournament, or similar event to support charitable causes or a political fundraising event and food, lodging, transportation or entertainment from a not for profit non-government organization; Page 6 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 7.3 Within 30 days of receipt of any gift described in Section 7.2, Members shall file a disclosure statement, in accordance with the format set forth in Appendix A', with the Integrity Commissioner for any gift that exceeds $200 in value. If the value of any gift described in Section 7.2 exceeds $500 or if the total value of such gifts received from any one source during one calendar year exceeds $1,000 the Member shall file a disclosure statement with the Integrity Commissioner within 30 days of the receipt of the gift. Every disclosure statement shall indicate: (i) the nature of the gift; (ii) its source and date of receipt; (iii) the circumstances under which it was received; and (iv) its estimated value. 7.4 Every disclosure statement to the Integrity Commissioner and as anticipated in 7.3 above shall be a matter of public record. 7.5 The Integrity Commissioner shall report to Council annually on all gifts received by Members that are disclosed in accordance with Section 7.2. 7.6 The Integrity Commissioner shall examine every disclosure statement filed with him or her to ascertain whether the receipt of the gift might in her or his opinion create a conflict between a private interest and the public duties of the Member. 7.7 If the Integrity Commissioner makes a preliminary determination of a conflict the Member shall be asked to justify receipt of the gift. 7.8 If the Integrity Commissioner determines that receipt of the gift was prohibited he or she shall report the findings to Council. Page 7 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS & MUNICIPAL STAFF 8.1 Mutual respect and cooperation are required to achieve the Council's corporate goals and implement the Council's strategic priorities through the work of staff. 8.2 Employees have an obligation to recognize that members of Council have been duly elected to serve the residents of Bayham and respect the role of Council in directing the actions of the Municipality. 8.3 Members have a duty to treat members of the public, each other and staff with respect and dignity and without abuse, bullying or intimidation; 8.4 Members have a duty to ensure that the Municipality's work environment is safe and free from discrimination and harassment; 8.5 Members are to recognize that Employees serve Council and work for the municipal corporation under the direction of the CAOICIerk. Council directs Employees through its decisions as recorded in the minutes and resolutions of Council. The role of Employees is to provide advice and services that are based on political neutrality, objectivity and professional judgment which may not necessarily reflect the opinion or position of any single Member. Members have no individual capacity to direct Employees to perform specific functions. 8.6 Inquiries of Employees from Members should be directed to the CAOICIerk. 8.7 No Member shall compel Employees to engage in partisan political activities or be subjected to threats, discipline or discrimination for refusing to engage in any such activity. 8.8 Members shall show respect for the professional capacities of Municipal Employees. Some Employees have professional credentials which create separate legal and ethical obligations for those Employees. Members shall refrain from any conduct which may deter, interfere or unduly influence Employees in such a manner as to result in them violating their professional legal or ethical obligations. 8.9 Certain Employees hold positions within the administration of justice. Members shall refrain from making requests or statements or otherwise taking action which may be construed as an attempt to influence the independence of staff working within the administration of justice. PART 9: IMPROPER USE OF INFLUENCE 9.1 No Member shall use his or her office to seek to influence any decision made or to be made by Council to the Member's private advantage or to the advantage of another person. Page 18 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9.2 No Member shall use his or her office to seek to influence or interfere with the administration or enforcement of the Municipality's regulatory By-laws or other laws enforced by the Municipality. Notwithstanding the foregoing, it is recognized that Members of Council may in good faith raise the concerns of residents with Municipal Employees for the purpose of determining if those concerns can be resolved having due regard for the public interest in fair and impartial By-law enforcement. 9.3 All applicants for Municipal positions shall have an equal opportunity to obtain such employment. No Member shall use his or her office to seek to inappropriately influence the hiring of specific individuals for any position within the Municipality. 9.4 Nothing in this Section prohibits a Member from providing a reference for an applicant for any position within the Municipality, or offering his or her opinions and voting on any decision to hire a CAOICIerk. 9.5 No Member shall support any cause or third party using the Municipality's corporate logo or the Municipal letterhead in any communication intended to solicit funds without a vote or resolution of Council. PART 10: CONFIDENTIAL INFORMATION 10.1 Members shall hold in strict confidence all Confidential Information concerning matters dealt with in-camera. No Member shall release, make public or in any way divulge any such Confidential Information or any aspect of the in-camera deliberations unless expressly authorized by Council or required By-law. 10.2 No Member shall release, make public or in any way divulge any such Confidential Information acquired by virtue of his or her office unless expressly authorized by Council or required By-law. The capacity to release Confidential Information can only be made by a majority of Council, and no individual member of Council has authority to waive this privilege. 10.3 No Member shall use information gained in the execution of his or her office that is not available to the general public for any purpose other than his or her official duties. 10.4 No Member shall access or attempt to gain access to Confidential Information in the custody of the Municipality except to the extent necessary for the performance of his or her duties as a Member and not prohibited by this Code or any other statute, By-law or policy. 10.5 Members are only entitled to Confidential Information in the possession of the Municipality that is relevant to matters before the Council or Committee. Beyond this entitlement, Members have the same level of access to information as does any other citizen. PART 11: COMMUNICATIONS AND MEDIA RELATIONS 11.1 In order to foster respect for the decision making process of Council, Members Page 19 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM shall fairly and accurately communicate the decisions of Council, even if they disagree with a majority decision of Council, and/or voted in the minority. Members may publicly express disagreement with a decision, but are to do so in a respectful manner. 11.2 In communications with the media, Members shall not indicate, implicitly or explicitly, that they speak on behalf of Council, unless they have been authorized to do so by Council. 11.3 Members shall refrain from making disparaging remarks about other Members, members of the public, Employees or Council's process and decisions. PART 12: MUNICIPAL ELECTION CAMPAIGNS 12.1 Members of Council are required to comply with the Municipal Elections Act, 1996 and the Municipality of Bayham Use of Corporate Resources for Election Purposes Policy as authorized by By-law No. 2016-107. 12.2 No Member shall use Municipal property, including the Municipality's logo, for any election campaign or campaign related activities. 12.3 No Member shall undertake campaign related activities on Municipally owned lands, with the exception of the permissible use of campaign signs along road allowances, and in compliance with any local sign By-laws, as applicable. 12.4 No Member shall use the services of Employees in work for his or her (re)election during hours in which those Employees are being paid by the Municipality. The participation of Municipal staff with respect to municipal elections is generally discouraged. PART 13: CONDUCT OF FORMER MEMBERS 13.1 The Municipality shall not hire or award any contract to any former Member for a period of 12 months from the date the former Member ceased to hold office except where the former Member is the successful bidder through a quote or tender consistent with appropriate Municipal policies. 13.2 A former Member may not lobby the Municipality or any Member for a period of 12 months from the date the former Member ceased to hold office. PART 14: USE OF MUNICIPAL PROPERTY 14.1 Members may only use Municipal property, including land, facilities, equipment, supplies, services, staff or other resources (for example, Municipally owned materials, computers, networks, websites)for activities directly connected with the discharge of their official Municipal duties or, as appropriate, local municipal duties. 14.2 Occasional or incidental personal use of Municipal computers, phones or similar devices and communication systems is acceptable, subject to the provisions of the Municipal Elections Act. Such use may also be subject to the Municipal Freedom of Information and Protection of Privacy Act. Page 1 10 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 14.3 No Member shall obtain financial gain from the use or sale of Municipally-developed intellectual property including inventions, cultural materials, computer programs, technical innovations, or other items capable of being patented, or copyrighted, as all such property remains exclusively that of the Municipality. PART 15: NEPOTISM 15.1 No Member shall attempt to influence the hiring or promotion of a Spouse or Immediate Relative. 15.2 No Member shall make any decision or participate in the process to hire, transfer, promote, demote, discipline or terminate a Spouse or Immediate Relative. 15.3 If a Spouse or Immediate Relative of a Member is an applicant for employment with the Municipality or candidate for promotion or transfer, the Spouse or Immediate Relative will proceed through the usual selection process with no special consideration. 15.4 No Member shall place himself or herself in a position where he or she could have influence over their Spouse or Immediate Relative's employment. 15.5 No Member shall attempt to use a Spouse or Immediate Relative relationship for financial or other gain. PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER 16.1 No Member shall obstruct the Integrity Commissioner in the carrying out of their responsibilities. 16.2 It is a violation of this Code to obstruct any staff member acting under the instruction of the Integrity Commissioner in applying or furthering the objectives or requirements of this Code, in attempting to gather information or data, or in the general conduct of duties with respect to a Code of Conduct investigation. 16.3 Examples of obstruction under sections 16.1 or 16.2 include the destruction of documents, the erasure of electronic documents, withholding or concealing the existence of documents and refusal to respond to inquiries from the Integrity Commissioner within 15 days of receipt of same. PART 17: REPRISALS 17.1 No Member shall seek any reprisal or threaten any reprisal against a complainant or any other person for providing relevant information to the Integrity Commissioner in the course of inquiry pursuant to a complaint. Page 1 11 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS: 18.1 REQUIREMENTS Members have important legal responsibilities and accountabilities in connection with the tone and substance of interpersonal interactions, conduct or communications pursued in the context of carrying out the activity of a municipal Councillor. 18.2 MUNICIPAL POLICIES The purpose of this section of the Code of Conduct is to ensure that Members governed by this Code of Conduct understand and comply with standards of conduct required at law in terms of their interpersonal interactions, communications and conduct. As outlined within various policies and the Municipality of Bayham Personnel Policy Manual. The Municipal Corporation and Members, as agents of the Municipal Corporation share important obligations for ensuring compliance with required standards of interpersonal conduct and interactions. A failure to adhere to the required Standards of Conduct can expose both the Municipality, and individual Members to potential liabilities. Human Rights Guarantees: The Obligation to Treat Every Person with Dignity, Understanding and Respect and Avoid Harassment and Discrimination The Ontario Human Rights Code extends equality rights guarantees in the context of employment and the delivery of services. A Municipal Government is both an employer and service provider. As a result the interactions and conduct of Members governed by this Code of Conduct generally occur in the context of providing services or interacting with employees. In connection with such interactions, Members have a legal obligation to ensure adherence to equality rights guarantees. Members have an obligation to ensure that all individuals dealt with are treated with dignity and respect, and not exposed to harassment or discrimination as prohibited by the Human Rights Code. As a Member your obligations in this regard extend to anyone you deal with in the context of employment or delivery of services; including but not necessarily limited to the following: other Members of Council, Committee Members, Local Board Members, Corporate Employees, individuals providing services, contractors, students, the public. PART 19: COMPLIANCE / ACCOUNTABILITY/ ENFORCEMENT 19.1 The Municipality has important obligations and interests in ensuring compliance with the ethical and interpersonal conduct standards required of Members by this Code of Conduct. 19.2 The Municipality has an interest and obligation to respond to all allegations, complaints or incidents of alleged conduct inconsistent with the standards outlined in this Code of Conduct in a manner consistent with the interests and legal obligations of the Municipality. Page 1 12 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 19.3 The Municipality recognizes that the Municipality and the Members have a mutual interest in providing and encouraging access to compliance/enforcement mechanisms in connection with the conduct required by this Code that deliver objective, independent, skilled and efficient determinations in connection with alleged misconduct by any Member. 19.4 The Municipality shall appoint an Integrity Commissioner pursuant to Section 223.3(1) of the Municipal Act and, when proclaimed, Bill 68 "Modernizing Ontario's Municipal Legislation Act, 2017" to inquire into and determine any alleged non-compliance with the standards of conduct defined in the Code of Conduct and to investigate and advise on the (MICA) in March 2019 and thereafter by a Member. 19.5 In all circumstances where the Municipality becomes aware of an allegation that a Member has engaged in any prohibited activity or breached any standard of conduct outlined in this Code of Conduct, whether by informal communications or formal complaints, the matter will be addressed as follows: (i) The `informal' complaint procedure, pursuant to Part 23, may be followed but is not mandatory; (ii) Any issue of non-compliance with the Code of Conduct shall be referred to the Integrity Commissioner through the Complaint Protocol pursuant to Part 24; (iii) The Integrity Commissioner shall conduct an Inquiry to determine whether the Member has engaged in conduct in contravention of the Code of Conduct; (except as in Complaints Prior to an Election) (iv) In planning and pursuing the relevant inquiry the Integrity Commissioner may proceed consistent with the procedural aspects of any policies addressing the subject of the alleged infringement and exercise his/her powers under Section 33 and Section 34 of the Public Inquiries Act, (v) The inquiry pursued by the Integrity Commissioner shall be an independent inquiry; independent of the Municipality or any of its agents, employees or members; (vi) Where the Integrity Commissioner determines that he/she has reasonable grounds to believe that there has been a contravention of any other act or the Criminal Code, the Integrity Commissioner shall refer the matter to the appropriate authority; suspend his/her inquiry and report the suspension to Council. In these circumstances Council will pursue the necessary steps to ensure that the matter is addressed consistent with the Municipality's obligations at law and any relevant Municipal policies; (vii) Where the Integrity Commissioner completes an inquiry and determination of the matter, he/she shall prepare a written report of his/her findings as to whether a Member has contravened the Code of Conduct. In preparing the report, the Integrity Commissioner may disclose such matters as are necessary for the reporting to Council. The Report shall be delivered to Council. Where a contravention of the Code is substantiated, Council may impose the Penalty; (viii) The municipality shall consider written reports/findings of the Integrity Commissioner in open session unless otherwise prohibited by another Act e.g. (MFIPPA) or regulation; Page 1 13 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (ix) Where the Integrity Commissioner determines that a Member has contravened the Code of Conduct, the Integrity Commissioner shall recommend the penalty; such penalty shall be within the remedial parameters defined in the Municipal Act; 19.6 Penalties: Where a Member is found to have breached any standard of conduct required by the Code of Conduct, the penalty will be determined by the Council on the advice of the Integrity Commissioner. In determining the penalty the Council shall take into consideration the nature and degree of the current breach of the Code and any prior non-compliance with the Code of Conduct by the Member. 19.7 Where a Code of Conduct breach is alleged: (i) the member may take part in the discussion of the matter, including making submissions to Council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the meeting. However, the member is not permitted to vote on any question in respect of the matter. (ii) In the case of a meeting that is not open to the public, the member may attend the meeting or part of the meeting during which the matter is under consideration. 19.8 Penalties imposed in connection with breaches of the Code of Conduct pursuant to the Code may include: (i) a written reprimand; and or; (ii) suspension of remuneration paid to a Member with respect to services up to 90-days; and or; Refusal to Conduct Investigation 19.8 If the Integrity Commissioner is of the opinion that the referral of a matter to him or her is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Integrity Commissioner shall not conduct an investigation, or, where that becomes apparent in the course of an investigation, terminate the investigation. 19.9 Complaints referred that are repetitious in nature, not germane to the Code of Conduct in the opinion of the Integrity Commissioner, deemed frivolous and without substance in the opinion of the Integrity Officer, or, where the complaint is deemed vexatious in the opinion of the Integrity Commissioner, shall not be advanced to an investigation stage. 19.10 Other than in exceptional circumstances, the Integrity Commissioner will not report to Council or a local board on any complaint described in Sections 19.8 or 19.9 except as part of an annual or other periodic report. 19.11 An application may only be made within six weeks after the applicant became aware of the alleged contravention. Page 1 14 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Complaints or Reports Prior to Election 19.12 No complaint regarding a Member who is a candidate in an election may be accepted by the Integrity Commissioner for review and/or investigation between Nomination Day for a regular election and ending of voting day in any year in which a regular municipal election will be held. The Integrity Commissioner shall hold such complaint in abeyance until after voting day in a regular election year and advise the complainant of the process. PART 20: OTHER COMPLIANCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO THE INTEGRITY COMMISSIONER 20.1 While the Municipality encourages complainants, Members and all parties to access and support the use of the Integrity Commissioner as the means of addressing any issues of non-compliance with the Code of Conduct by Members, the Municipality has an obligation and commitment to support complainants or potential complainants access to the following processes in connection with allegations of prohibited activity, conduct or communications. 1. Complaints of Harassment (Code or Personal), Discrimination, Violence by Employees, Members of Council • Access to the procedures committed to in the Municipality's relevant Policies; • Complainants also have a right to file complaints with the Ontario Human Rights Tribunal (in connection with human rights allegations) and complaints with the Ministry of Labour(in connection with allegations of violence, threats of violence or personal harassment). 2. Complaints Regarding Allegations of Conduct Regulated by the Criminal Code • Complaints can be directed to the Elgin County Detachment of the Ontario Provincial Police to pursue an investigation under Section 122 of the Criminal Code of Canada where allegations of fraud or breach of trust are made in connection with a Member carrying out the duties of the office; • Complaints can be directed to the Elgin County Detachment of the Ontario Provincial Police to pursue an investigation under Section 122 of the Criminal Code of Canada regarding allegations of a Member's involvement in demands for, acceptance of, offering or agreement to accept a loan, reward, benefit or their advantage from any person, in connection with the performance of the duties of the Member in the office; 3. Complainant's Direct Dealings with Members in Connection with Concerns of Non-Compliance with the Code of Conduct • Any person who believes that a Member has infringed any standard under this Code of Conduct can advise the Member of the concern directly (verbally or in writing) that their activity infringes the Code of Conduct; • Such person (complainant) may directly encourage the Member to stop the offending activity; Page 15 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM • Such person (complainant) should keep a record of the incident, including date, time, location, persons present and any other relevant information. PART 21: JUDICIAL INVESTIGATION 21.1 In circumstances where liability is denied and the alleged misconduct is serious in nature, Council may pass a resolution, pursuant to s. 274(1) of the Municipal Act, requesting a judicial investigation into the Member of Council, or Council's Local Board or Committee Member's conduct. PART 22: DUTIES OF A MUNICIPAL INTEGRITY COMMISSIONER 22.1 The Integrity Commissioner shall perform the duties and have the powers provided for in the Act, including but not limited to the following: (1) Advisory. upon proper request, provide written and/or verbal advice to individual members of Council respecting the application of the Code of Conduct and/or any other procedures, rules, and policies relating to and reflecting upon their ethical behavior, including but not limited to general interpretation of the Municipal Conflict of Interest Act (Ontario); and furthermore and when appropriate, providing the full Council with specific and general opinions and advice respecting compliance by elected officials in respect of the provisions of governing statues the Code of Conduct and any other applicable procedures, rules, and policies. (2) Compliance Investigation/Determinations: upon proper request from a member of Council or local board, municipal administration or one or more members of the public, to conduct an inquiry and make a determination as to any alleged contravention of the Code of Conduct or applicable procedures, rules, and policies by a member of Council or local board and, thereafter, to report the details and results of such inquiry to municipal Council. (3) Educational: provide the CAOICIerk or as directed with an annual report of activities during the previous calendar year as Integrity Commissioner, including but not necessarily limited to advice given to Council or individual members of Council and a summary of inquiry results and determinations; furthermore, provide outreach programs to members of Council and local boards and relevant staff on legislation, protocols, and office procedures emphasizing the importance of compliance with a Code of Conduct for public confidence in Municipal Government; and, furthermore, dissemination of information available to the public on the website operated by Elgin. 22.21 Notwithstanding that set forth above, the parties acknowledge and agree that the function of the Integrity Commissioner is to provide advice and opinion to Council and members thereof, to provide independent complaint prevention, investigation, adjudication, and resolution to members of Council and the public, and education respecting adherence with the Code of Conduct for members of Council and other procedures, rules, and policies governing ethical behavior. Page 1 16 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 22.22 The parties hereto also acknowledge and agree the Integrity Commissioner, will perform services, and in particular those services relating to advisory and educational duties, in a manner so as to avoid duplicated advice, opinion, and cost in respect of identical requests and inquiries—for example, the Integrity Commissioner shall decline to provide individualized advice and opinion to more than one member of Council or a local board on identical issues but should choose to provide general advice to Council or such local board as a whole to answer all such inquiries. In addition, it is recognized that the Integrity Commissioner, will likely receive requests for advice on matters involving compliance with the Municipal Conflict of Interest Act (the "MCIA") —while the Integrity Commissioner may provide general interpretation of the MCIA, it is expected that individual members of Council or local boards will seek independent legal advice on a specific question of individual compliance with such legislation. 22.23 The application of sections 5, 5.1, and 5.2 of the Municipal Conflict of Interest Act to members of Council and of local boards will become the responsibility of the Integrity Commissioner on March 1, 2019. PART 23: INFORMAL COMPLAINT PROCEDURE 23.1 Individuals (for example, Municipal employees, members of the public, members of Council or local boards (restricted definition), or organizations (including local boards (restricted definition) who have identified or witnessed behaviour or an activity by a member of Council or a local board (restricted definition) that they believe is in contravention of the Code of Conduct for Members of Council and Local Boards (Restricted Definition) the "Code of Conduct" would address the prohibited behaviour or activity themselves as follows: (1) advise the member that the behaviour or activity contravenes the Code of Conduct; (2) encourage the member to stop the prohibited behaviour or activity; (3) keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information; (4) tell someone else (for example, a senior staff member or an officer of the organization) about your concerns, your comments to the member and the response of the member; (5) if applicable, confirm to the member's satisfaction with the response of the member; or, if applicable, advise the member of your dissatisfaction with the response; and, (6) consider the need to pursue the matter in accordance with the formal complaint procedure outlined in Appendix B, or in accordance with another applicable judicial or quasi-judicial process or complaint procedure. 23.2 Individuals and organizations are encouraged to initially pursue this informal complaint procedure as a means of stopping and remedying a behaviour or activity that is prohibited by the Code of Conduct. With the consent of the complaining individual or organization Page 17 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM and the member, the Integrity Commissioner may be part of any informal process. However, it is not a precondition or a prerequisite that those complaining pursue the informal complaint procedure prior to pursing the formal complaint procedure. PART 24: COMPLAINT PROTOCOL 24.1 Any member of Council, staff or the public that believes they have experienced or witnessed conduct in contravention with the Code of Conduct may file a complaint and request an investigation. 24.2 All complaints shall be in writing and signed by an identifiable individual. 24.3 A complaint shall set out reasonable and probable grounds for the allegation that the member as contravened the Code of Conduct and include a support affidavit that sets out the evidence in support of the complaint. 24.4 The complaint protocol information package shall be available on the Municipal Website. Appendix B PART 25: SUMMARY 25.1 The Municipality and all Members of Council share an important interest and responsibility in ensuring that the standards of conduct required under this Code of Conduct are understood, maintained and where necessary enforced by holding Members accountable. 25.2 The standards reflect the ethical and legal context in which the Municipality and Members must deliver services to the community served by the Council and Members. Deviations from the standards of conduct outlined in this Code of Conduct leave the Municipality, Council and individual Members exposed to the following: • Reputational risk; • Loss of credibility in the community; • Risks of significant liabilities. 25.3 All Members of Council are expected to be knowledgeable of the contents of this Code of Conduct and applicable Municipal Policies, and to adhere to the standards of conduct defined in the Code of Conduct and Policies. Page 18 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM �o �0 j'tunity IS CODE OF CONDUCT FOR MEMBERS OF MUNICIPAL COUNCIL, COUNCIL'S LOCAL BOARD & COMMITTEE MEMBERS COUNCILLOR ACKNOWLEDGEMENT The preceding Code of Conduct has been explained to me and I have received, read, and understood the Code of Conduct for the Corporation of the Municipality of Bayham. Councillor Name (Please Print) Councillor Signature Date Page 1 19 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM -90AYHAj j.tu Is y nity COUNCIL CODE OF CONDUCT DISCLOSURE STATEMENT Part 7 of the Council Code of Conduct regarding the acceptance of gifts and benefits, requires members to disclose the receipt of certain gifts and benefits if the dollar value of a single gift or benefit exceeds $200.00 or if the total value of gifts and benefits received from one source in a calendar year exceeds $1,000.00. This Disclosure Statement is to be used to report on such gifts and benefits and shall be filed with the clerk within 30 days of receipt of such gift or benefit, or upon reaching the annual limit. Disclosure Statements are a matter of public record. Nature of Gift or Benefit Received: Source of Gift or Benefit: Circumstances under Which Gift or Benefit Received: Estimated Value of Gift or Benefit: $ Date Gift or Benefit Received: Signature of Member: Date: Date Statement Received by Clerk: Page 1 20 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM oitu pity Council Code of Conduct—Formal ComplaintForm/Affidavit I, (full name), of the (City, Town etc.) in the Province of Ontario. MAKE OATH AND SAY (or AFFIRM): 1. 1 have personal knowledge of the facts as set out in this affidavit, because (insert reasons e.g. I work for... I attended a meeting at which... etc.) 2. 1 have reasonable and probable grounds to believe that a member of the Municipality of Bayham Council (specify name of member) has contravened section(s) specify section(s) of the Council Code of Conduct of the Municipality of Bayham. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please use the attached Schedule A form and check the appropriate box below. If you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit A, B etc. and attach them to this affidavit.) Page 121 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Please see the attached Schedule A 1. This affidavit is made for the purpose of requesting that this matter be reviewed by the Municipality of Bayham appointed Integrity Commissioner and for no other purpose. (date) ) Signature Note: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been conducted by this authority to confirm or verify the above sworn information. The Criminal Code of Canada provides that: everyone commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years (Section 131, 132), or by summary conviction (Section 134). Signing a false affidavit may expose you to prosecution under Sections 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation. Page 122 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM -g,AYHAA 5 rtunity Council Code of Conduct—Request for Advice Form Name of Member: Telephone No.: Email Address: Advice Requested: (Please provide as much detail as possible) Signature of Requestor Date Received by Integrity Commissioner Date Date Reply Issued Page 1 23 CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM po �0 j'tunity IS Council Code of Conduct—Conflict of Interest Form Name of Member: Telephone No.: Email Address: Date of Council meeting: Agenda item number and name: General Nature of the Conflict of Interest: Signature of Council Member Date Received by Municipal Clerk Page 1 24 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-124 BEING A BY-LAW TO APPOINT INDEPENDENT RESOLUTIONS INCORPORATED AS THE INTEGRITY COMMISSIONER & CLOSED MEETING INVESTIGATOR FOR THE MUNICIPALITY OF BAYHAM PURSUANT TO SECTIONS 8, 9, 10, 11, 223.3, & 239.2 OF THE MUNICIPAL ACT, 2001, S.O. 2001, C.25, AS AMENDED WHEREAS Section 223.3 of the Municipal Act, 2001, as amended, authorizes a municipal council to appoint an Integrity Commissioner who is responsible for performing in an independent manner functions related to the Code of Conduct of members of council and local boards; AND WHEREAS Section 239.2 of the Municipal Act, 2001 as amended, authorizes a municipality to appoint an Closed Meeting Investigator who has the function to investigate in an independent manner, a complaint made to him or her by any person, whether the municipality or a local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation; AND WHEREAS such services shall be undertaken by an Integrity Commissioner and Closed Meeting Investigator appointed by the Municipality, pursuant to Sections 8, 9, 10, 11, 223.3, 239.2 of the Act; AND WHEREAS the Municipality deems it advisable to appoint Independent Resolutions Incorporated as Integrity Commissioner and Closed Meeting Investigator to perform these services for a three-year term commencing on January 1, 2018 with the option to renew for two additional years; AND WHEREAS Independent Resolutions Incorporated has expressed interest in providing services to the Municipality acting as Integrity Commissioner and Closed Meeting Investigator on the terms and conditions as agreed from time to time and under written agreement in the form and of the content attached as Schedule "A" hereto; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: 1. THAT, subject to execution of the agreement attached as Schedule "A" hereto, Independent Resolutions Incorporated is hereby appointed as Integrity Commissioner, and Closed Meeting Investigator for the Municipality of Bayham to perform those functions set forth in Sections 223.3 through 223.6, and 239.1 (1-11) of the Municipal Act, 2001 (Ontario) including but unlimited to: a. Advice as to the application of the Code of Conduct, the Municipal Conflict of Interest Act, and any related procedures, rules, and policies governing the ethical behavior of members of council and local boards; b. Conducting inquiries in respect of any requests alleging contravention of the Code of Conduct, the Municipal Conflict of Interest Act and/or any other procedures, rule or policy governing the ethical behavior of members of council and local boards; c. Conducting inquiries in respect to the municipality or local boards' compliance with section 239 in respect of a meeting or part of a meeting that was closed to the public and in respect to any decision or recommendation made, or act done or omitted in the course of the administration; d. Reporting to council for the Corporation of the Municipality of Bayham as to activities as Integrity Commissioner and Closed Meeting Investigator, including but not limited to reports as to the results of any inquiry into alleged contravention and/or an annual report of activities as Integrity Commissioner/Investigator; and, e. Educating members of council, members of local boards, the municipality and the public about the municipality's code of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2. THAT this by-law shall come into force and take effect on January 1, 2018. 3. THAT By-law No. 2015-123 and 2007-127 be repealed in their entirety on January 1, 2018. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER 2017. MAYOR CLERK BY-LAW NUMBER 2017-125 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW FOR THE USE, PROTECTION AND REGULATION OF PUBLIC PARKS AND RECREATION AREAS IN THE IN THE MUNICIPALITY OF BAYHAM WHEREAS Section 11of the Municipal Act, S.O. 2001, as amended, provides that a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Culture, Parks, and Recreation; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: SHORT TITLE This By-law may be cited as the `Parks By-law' Section 1 - Definitions In this By-law: 1.1 `Boulevard' shall mean any part of a municipal road allowance except for the traveled portion of the road, the shoulder of the road or the sidewalk. 1.2 `Control' shall include care, custody and responsibility for supervision. 1.3 `Council' shall mean the Council of the Corporation of the Municipality of Bayham. 1.4 `Designated' means an area defined or constructed for a specific use which may include posted conditions. 1.5 `Liquor' shall have the same meaning as defined in the Liquor Licence Act, R.S.O. 1990, c. L-19 as amended. 1.6 `Motor Vehicle' shall have the same meaning as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8 as amended. 1.7 `Municipality' shall mean the Corporation of the Municipality of Bayham. 1.8 `Municipal Law Enforcement Officer' shall mean a person appointed by the Council of the Corporation of the Municipality of Bayham for the purpose of enforcing Municipal By-laws and for the purpose of this by-law shall include Ontario Provincial Police and the Manager of Public Works and Operations or designate. 1.9 `Natural Park Area' means an area which may be an entire Park or part of a Park, preserved in its natural or near natural state or an area created to retain a natural state as open space and available for use by the public. 1.10 'Park' means land and land covered by water and all portions thereof owned or made available by lease, agreement, or otherwise, to the Municipality, that is or hereafter may be established, dedicated, set apart, or made available for use as public open space, including a Public Park, Municipal Beaches, Pier and Natural Park Area as defined in this by-law, that has been or hereafter may be placed under the jurisdiction of the Municipality, including any buildings, structures, facilities, erections and improvements located in or on such land. 1.11 'Person' shall mean an individual, corporation, partnership or sole proprietorship. 1.12 'Player's Benches' shall mean the sitting or waiting area for the use of players who participate, but are not fielded, in a team sporting activity such as baseball. 1.13 `Playground Equipment' includes slides, swings and other equipment provided for the use of young children within a defined area. 1.14 'Public Park' shall mean an area of open land, maintained or owned by the Municipality or a public authority for the enjoyment, health and well-being of the public and normally open to the public. 1.15 'Refuse' or 'Debris' shall include but is not limited to: i. animal waste and excrement ii. carcass, hides, bones or feathers of any animal or bird iii. construction and landscaping materials iv. celluloid cuttings, v. material or thing soaked in oil or gasoline vi. domestic waste vii. grass cuttings, leaves and vegetation viii. hay, straw and manure ix. manufacturers/industrial waste x. sawdust and shavings A. sewage and paper sludge Ai. snow and ice xiii. swill, soil, dirt earth or organic material xiv. tree branches or roots xv. wrecked, dismantled, discarded, inoperative or abandoned machinery, Vehicles, trailers, boats and their component parts, and includes Vehicles that appear by reason of their appearance, mechanical condition or lack of current permit plates to be inoperable, and tires; 1.16 'Recreation Area' means an outdoor area or building or combination of both, under the Control of the Municipality which is maintained and/or supervised by employees of the Municipality and includes all Parks and every tennis court, skating rink, play area, community centre, skateboard facility, sports field, building or portion of a building which is owned, leased or used by the Municipality, including a school and school grounds, for purposes which include offering recreation to the public. 1.17 `Roadway' means that part of a Recreation Area that is designed for use by Vehicles and Motor Vehicles. 1.18 `Trail' shall mean that part of a Park that has been marked or posted for the purpose of hiking by the public. 1.19 `Tree' means all trees, shrubs and saplings now or hereafter growing or planted upon any municipally owned land including Parks, Recreation Areas, and street Boulevards. 1.20 Vehicle' means a truck, automobile, motor cycle, motor scooter, minibike, trailer, Bicycle, carriage, wagon, sleigh, snowmobile, or any Vehicle or conveyance of every description and whatever the motive power, except a baby carriage or cart, child's wagon, child's sleigh, wheelchair or motorized assistive devices for persons with disabilities. 1.21 Washroom' means any permanent or temporary structure or portion of a structure located in Recreational Area that contains toilets or urinals and wash basins. Section 2 — General Provisions 2.1 In any Park or Recreation Area within the Municipality, no person shall: Vehicles and Parking 2.1.1 drive any Vehicle other than on the Designated Roadways or drive or ride or be in the care or Control of any Vehicle on any area which is not a Roadway, or which has any signage, gate or barricade showing that such area is closed to vehicular traffic; 2.1.2 use a motorized snow vehicle or motorized all-terrain vehicle; Personal Conduct 2.1.3 engage in riotous, boisterous, violent, threatening, lewd or illegal conduct or use profane or abusive language, including: i. making any verbal comments or physical gestures about or toward anyone that could reasonably be considered to be offensive, derogatory or abusive; ii. making noise likely to disturb any inhabitant or interfere with the enjoyment of the Park or Recreation Area through the use of electronic equipment or any other means; iii. urinating or defecating except in a Washroom facility; iv. engage in conduct that endangers the health and safety of himself, herself or others; 2.1.4 remain in a Park or Recreation Area after being requested to vacate the Recreation Area by a Municipal Law Enforcement Officer, or Police Officer; 2.1.5 plant any Tree or remove, cut down or injure any Tree in any Park or connecting ravine, Recreation Area or on Boulevards related thereto. Alcoholic Beverages 2.1.5 consume, serve, sell or possess Liquor without proper approval of the Municipality and the Alcohol and Gaming Commission of Ontario; Hours of Use 2.1.6 enter or remain in a Park or Recreation Area between 11:OOPM and 5:OOAM of the following day, except to the extent that the Municipality has specifically authorized the use of the Park or Recreation Area beyond 11:OOPM. Vandalism and Damage to Property 2.1.7 climb, break, peel bark from, cut, remove, burn, deface or otherwise damage any Tree, shrub or bush, or pick, destroy or remove any flower, plant, roots, sod or rock; 2.1.8 remove, break, deface, or otherwise damage any monument, display, cage, pen, gate, seat, bench, picnic table, fence, posted sign, lock, barrier or any other equipment of the Municipality located therein; 2.1.9 willfully break, deface, or otherwise damage any of the gates, locks, bolts or fences or any of the seats or benches, buildings or other property or equipment or any other Municipal property; 2.1.10 willfully destroy, cut, mark, break, dig, tear up, burn, paint or write upon or in any way damage or deface any fountain, bridge, fence, wall, gate, Roadway, pavement, parking area, sidewalk or other facility, erection or improvement, or any building, or other structure or any appurtenance thereof or any swing, slide, playground apparatus, table, seat, bench, sign, vase, or other fixture, equipment or personal property or ornament or utility; 2.1.11 attach to or in any manner fasten to any Tree, any wire, rope, chain, cable, or other such devices; Animal Care & Control 2.1.12 cause or permit any animal under their Control or ownership to damage any Tree, shrub, bush, flower, plant or roots thereof; 2.1.13 permit a dog to defecate unless the owner or other person in charge of the dog forthwith removes the feces; Trash and Recycling 2.1.14 fail to deposit Refuse in containers provided or if containers are not provided fail to remove Refuse; Posting Notices 2.1.15 post any sign or poster on any pole, Tree, planter, building, fence, bench, picnic table, electrical transmission unit, lamp standard, or Municipal or utility company equipment of any kind; Weapons 2.1.16 carry, use or discharge any firearm, slingshot, bow and arrow, catapult or airgun or throw any stone or missile, except under specifically written permission from the Municipality; Beach Lifesaving Equipment 2.1.17 remove, break, deface, or otherwise damage any item of lifesaving equipment or any other equipment of the Municipality located at the Municipal Beach or Pier area. Section 3 —Activities Subject to Approval 3.1 No Person shall claim, attempt to claim or have exclusive use of any Playground Equipment, Natural Park Area, Park or Recreation Area within the Municipality. 3.2 Notwithstanding provision 3.1 of this by-law a person may claim exclusive use of areas of a Park or Recreation Area subject to the appropriate rental and rental agreement pursuant to the Rates & Fees By-law. Section 4 — Exceptions 4.1 Notwithstanding any provision of this by-law restricting the use of Motor Vehicles in any Park or Recreation Area, and for greater certainty only, a wheelchair or similar device (motorized or otherwise) used by an individual due to a disability may be used in any Park or Recreation Area including all pathways and the accessible portions of Trails. 4.2 Notwithstanding any provision of this by-law, Vehicles operated on behalf of an emergency medical service, fire department, police department, public utility, and the Municipality shall have full access to all parts of a Park or Recreation Area at all times where such access is possible. Section 5 - Enforcement 5.1 A Municipal Law Enforcement Officer may enforce the provisions of this by-law. 5.2 A Municipal Law Enforcement Officer may order a person believed to be in contravention of this by-law to: 5.2.1 cease the activity that is in contravention of the by-law; and/or 5.2.2 leave the Park, Recreation Area or any facility therein. 5.3 Upon the default of any person to do anything required to be done under the provisions of this By-law, or to repair any damage caused by any action prohibited by this By-law, the Municipality may, upon giving ten (10) days' notice in writing to the said person, do the work required to be done, or repair the damages caused by the said person at the expense of the said person. All expenses incurred by the Municipality in doing the said works, including but without limiting the generality of the foregoing materials, labour, equipment, administration and legal expenses shall be paid by the said person and may be recovered by action in any court having jurisdiction. 5.4 The expenses as aforesaid shall bear simple interest from the date incurred at the rate of 1.25% per month until paid. 5.5 Users of Parks and Recreation Areas are subject to all applicable Municipal by-laws and all Provincial and Federal laws and regulations and all persons violating any by-law or law may be ordered to leave any Park or Recreation Area. Section 6 - Penalty 6.1 Any Person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act. 6.2 The court in which a conviction has been entered for contravention of this By- law and any other court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed by the court on the person convicted. 6.3 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Municipal Law Enforcement Officer while exercising any power or performing any duty under this By-law. Section 7 - Liability for Damages 7.1 The provisions of this By-law shall not be construed as relieving or limiting the responsibility or liability of any person utilizing a Park or Recreation Area for personal injury or property damage resulting from the use of a Park or Recreation Area or resulting from the negligence or willful acts of such person, or his or her agents or employees, in the utilization of a Park or Recreation Area. Likewise, the provisions of this section shall not be construed as imposing on The Corporation of the Municipality of Bayham, its officers, employees, servants, agents and contractors any responsibility or liability (whatsoever) by reason of the removal of any unauthorized utilization of a Park or Recreation Area. Section 8 - Administration 8.1 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 8.2 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 8.3 This by-law applies to all Recreation Areas and Parks as defined in this by- law and any premises located therein which are under the ownership or management of the Municipality, together with the avenues, Boulevards, drives, ravines, trails, streets and approaches thereto and connecting the same. 8.4 Nothing in this by-law relieves any person of the responsibility for adhering to other applicable laws or for obtaining the approval of the Federal and Provincial governments or agencies thereof as required. 8.5 This by-law shall take effect on the date of passage by Council. 8.6 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. READ a FIRST, SECOND and THIRD TIME and finally passed this 21st day of December, 2017. MAYOR CLERK BY-LAW NUMBER 2017-126 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO ESTABLISH AN ADVISORY BOARD AND COMMITTEE POLICY WHEREAS Council of The Corporation of the Municipality of Bayham deems it expedient to adopt a policy with respect to Advisory Boards and Committees, including, Rules of Procedure and Terms of Reference; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS A BY-LAW AS FOLLOWS: 1. THAT the Council of the Corporation of the Municipality of Bayham hereby adopts the Advisory Board and Committee Policy attached hereto as "Schedule A" and forming part of this by-law; 2. THAT By-law No. 2015-085 is hereby repealed in their entirety. 3. 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 21st day of December, 2017. MAYOR CLERK 9epoZ.tu Is�o�`�� nity Corporation of the Municipality of Bayham Date of Council Approval: December 21, 2017 Date of Latest Revision: Policy Name: Municipality of Bayham Advisory Board and Committee Policy Section 1 - Purpose The Municipality of Bayham Advisory Board and Committee Policy will guide a consistent, accountable approach to working with Municipality of Bayham Advisory Board and Committee Members. The Municipality of Bayham Advisory Board and Committee Policy in conjunction with the Municipality of Bayham Advisory Board and Committee Rules of Procedure, attached hereto as Appendix `A', will guide current and future Advisory Board and Committee Member activity throughout the Municipality of Bayham. The Municipality of Bayham Advisory Board and Committee Policy is part of a broader Municipal effort to participate in meaningful, transparent engagement with all residents of the Municipality of Bayham. Section 2 - Scope The Municipality of Bayham Advisory Board and Committee Policy governs Municipal responsibilities to its Advisory Board and Committee Members, as well as the selection, orientation and safety of Advisory Board and Committee Members. The Municipality of Bayham Advisory Board and Committee Policy also governs Advisory Board and Committee Member rights and Advisory Board and Committee Member responsibilities to the Municipality. Section 3 - Philosophy Advisory Boards and Committees have been, and will continue to be, an integral component of the Municipality. Advisory Board and Committee Members complement and support the work of Councillors and staff, accomplish important tasks that would not otherwise be done, and support programs that could cease to exist without Advisory Board and Committee Member participation. The Municipality recognizes and greatly values the commitment and contributions of Advisory Board and Committee Members to furthering the mandate, objectives and activities of Advisory Boards and Committees of the Municipality. Municipality of Bayham Advisory Board and Committee Members enhance and augment programs within the Municipality. Advisory Board and Committee Members bring a wide variety of skills, knowledge and experience, all of which combine to strengthen the Municipality. Therefore, the Municipality strives to provide Advisory Board and Committee Members with a meaningful portfolio that suits their skills, as well as a rewarding and challenging community-oriented experience for all those interested in the goal of enhancing the Municipality of Bayham. Section 4 - Advisory Board and Committee Member Recognition Program The Council of the Municipality of Bayham shall every four years, in the final year of a term of Council recognize Advisory Board or Committee Members and Community Volunteers by hosting a Volunteer Appreciation Night. All Advisory Board and Committee Members and Community Volunteers will have the opportunity to attend and celebrate volunteerism in the Municipality of Bayham. Section 5 — Municipal Responsibilities In working with Advisory Boards and Committees, the Municipality will fulfill the following responsibilities: a) Ensure that Councillors and staff recognize the role of Advisory Board and Committee Members; b) Provide Advisory Board and Committee Members with the Municipality of Bayham Advisory Board and Committee Rules of Procedure outlining the conduct of business at Advisory Board and Committee Meetings; c) Provide Advisory Board and Committee Members with written Advisory Board and Committee portfolios outlining the mandate of each Advisory Board and Committee, a copy of which is attached hereto as Appendix `B' and shall be amended from time to time; d) Provide Advisory Board and Committee Members with appropriate orientation to the Municipality of Bayham Advisory Board and Committee Policy and supporting documentation. Section 6 - Selection and Placement Municipality of Bayham Advisory Board and Committee Members are appointed and operate based on the concept of Equal Opportunity and Diversity. The Municipality maintains a strong policy of equal opportunity. The Municipality accepts, and dismisses Advisory Board and Committee Members on the basis of personal competence, performance and dedication, without regard to race, colour, ancestry, national origin, age, gender, or sexual orientation. The process for selection, placement and dismissal from Municipality of Bayham Advisory Boards and Committees is as detailed in the Municipality of Bayham Advisory Board and Committee Rules of Procedure. An applicant must submit the Municipality of Bayham Advisory Board and Committee Application Form, a copy of which is attached hereto as Appendix `C', to initiate the selection and placement process. Section 7 - Orientation Every Advisory Board and Committee Member shall be required to attend one (1) orientation session. It is the responsibility of the CAOICIerk to: a) Provide an overview of the Municipality of Bayham Advisory Board and Committee Members rights and responsibilities, including Advisory Board and Committee Member responsibilities pertaining to confidentiality; b) Provide a comprehensive Municipality of Bayham Advisory Board and Committee Accessibility Handbook to all Municipality of Bayham Advisory Board and Committee Members. Additionally, every Advisory Board and Committee Member shall have a clearly identified Advisory Board or Committee Chair and a Council or staff representative who will be available for consultation and support. Section 8 - Advisory Board and Committee Member Responsibilities Advisory Board and Committee Members have the responsibility to fulfill the role of an Advisory Board and Committee Member as outlined in the Municipality of Bayham Advisory Board and Committee Rules of Procedure and Code of Conduct in addition to the following: a) Act as an ambassador of the Municipality of Bayham in the community in an effort to spread knowledge and understanding of the mandate of the specific Advisory Board or Committee; b) Not falsely represent the Municipality of Bayham Advisory Boards and Committees to outside partners, agencies or the public; c) Respect confidences and privacy of the Municipality of Bayham Advisory Boards and Committees; d) Be held accountable for their actions; e) Be wiling to learn and grow in the Advisory Board and Committee position; f) Work cooperatively with Municipality of Bayham Councillors and staff, recognizing and appreciating differences of opinion; g) Be considerate, respect competencies and work as a team with all staff and other Advisory Board and Committee Members; h) Complete the training and/or orientation provided; i) Immediately clarify any uncertainties with the Advisory Board or Committee Chair, Councillor or staff representative; j) Follow all applicable policies, procedures and by-laws established by the Municipality of Bayham. k) Be required to sign a confidentiality statement; 1) Advisory Board and Committee activity participants under the age of eighteen (18) years must be accompanied by an adult (either a parent, guardian, staff person or Advisory Board and Committee Member supervisor); Section 9 - Accessibility The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Ascent on June 13th, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January 1 st, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and AODA has strong enforcement provisions including inspections, orders and significant penalties. While serving on any Municipality of Bayham Advisory Board or Committee, all Municipality of Bayham Advisory Board and Committee Members shall comply with all Municipality of Bayham Accessibility Policies. Municipality of Bayham Advisory Boards and Committees shall also ensure that adequate provisions are made to ensure that Places of Meeting, Agenda and Minute formats, communications and conduct of meetings are accessible, to provide maximum participation. Reference may be made to the provisions of the Municipality of Bayham Accessibility Handbook, a copy of which is attached hereto as Appendix 'D'. Section 10 - Municipal Freedom of Information and Protection of Privacy Act The Municipal Freedom of Information and Protection of Privacy Act applies to all local government organizations, including: a) municipalities e) fire departments b) school boards f) conservation authorities c) public utilities g) boards of health d) transit and police commissions h) other local boards The Municipal Freedom of Information and Protection of Privacy Act requires the Municipality to protect the privacy of an individual's personal information existing in government records and provides a right of access to information held by the Municipality. The Municipal Freedom of Information and Protection of Privacy Act creates a privacy protection scheme the Municipality must follow to protect an individual's right to privacy. The scheme includes rules regarding the collection, use, disclosure and disposal of personal information in the custody and control of the Municipality. The Municipality, as a whole, including Advisory Boards and Committees, are accountable for complying with the Municipal Freedom of Information and Protection of Privacy Act. It is against the law to release any personal information to anyone other than the person that the information is about. As such, all Advisory Board and Committee members must sign the Municipal Freedom of Information and Protection of Privacy Act Confidentiality Statement, attached hereto as Appendix 'E'. The Municipal Freedom of Information and Protection of Privacy Act, Section 48, provides for penalties for contravention of the said Act. Examples of personal information include, but are not limited to, the following information about an identifiable individual: a) race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital or family status; b) education, medical, psychiatric, criminal or employment history; c) financial transactions involving an individual; d) any identifying number assigned to an individual; e) home address, telephone number; f) fingerprints, blood type; g) personal opinions of or about an individual; h) correspondence between an individual and the Municipality of a confidential nature; i) individual's name if it appears with other personal information or disclosure of the name would reveal other personal information. The Municipality of Bayham CAOICIerk is responsible for processing all access requests, gives direction to Municipal staff on informal information requests and implements privacy protection practices. If an Advisory Board or Committee Member is unsure about the requirements pertaining to information or a record in their possession, the Advisory Board or Committee Member should contact the Municipality of Bayham CAOICIerk prior to disclosure of any record or information for instruction. Municipality of Bayham P.O. Box 160 56169 Heritage Line Straffordville, Ontario NOJ 1Y0 Phone: 519-866-5521 Web site: www.bayham.on.ca Section 11 - Municipal Conflict of Interest Act The Municipal Conflict of Interest Act strives to control the actions of elected and appointed Municipal representatives by obliging them to publicly disclose any direct or indirect pecuniary interests they have in a matter before Council, Committee and Advisory Boards or Committees. Conflict of interest legislation is limited to pecuniary interests. The term "pecuniary interest" is not defined in the Municipal Conflict of Interest Act, but includes direct, indirect and deemed pecuniary interests. Its dictionary definition is "to relate to money". The Municipal Conflict of Interest Act captures several scenarios that are not immediately apparent as conflicts; a) A direct or indirect pecuniary interest is a financial interest that an Advisory Board or Committee Member (which includes an Advisory Board or Committee Member's parent, spouse, partner, child (not restricted to a person 18 years of age. It includes natural children, adopted children, and those or treated as child. Accordingly, stepchildren, nephews and nieces, foster children)) or controlling interest in a corporation, has in a matter before an Advisory Committee or Board; b) An Advisory Board or Committee Member who is a partner of a person, or who is in the employment of a person or body that has a pecuniary interest in a matter must declare a conflict of interest; c) Whether the financial interest is positive or negative is immaterial for the purposes of Municipal Conflict of Interest; d) Municipal Conflict of Interest Act lists a number of conflicts of interest that do not need to be declared under the statute. If an Advisory Board or Committee Member has a conflict of Interest the Municipal Conflict of Interest Act requires: a) the Advisory Board or Committee Member to disclose the pecuniary interest; b) the Advisory Board or Committee Member to not influence before, during or after a vote; c) the Advisory Board or Committee Member to not participate in the discussion or decision making; d) the Advisory Board or Committee Member to leave the room, if the matter is dealt with in-camera under the provisions of the Municipal Act, 2001; In the event of an alleged contravention, an elector may bring an application before a Judge of the Ontario Court of Justice for a determination of whether an Advisory Board or Committee Member has contravened the Municipal Conflict of Interest Act. Section 12 - Advisory Board and Committee Member Health and Safety Advisory Board and Committee Members should never be asked to do anything unsafe, and have the right to refuse any request, function or activity they feel is unsafe. The Municipality of Bayham has a wide range of interactions with Advisory Board and Committee Members and therefore expects that different approaches shall apply to different Advisory Board and Committee activities. It is important that approaches be designed within an overall policy framework across the entire Municipality of Bayham. The health and safety of Advisory Board and Committee Members is paramount and will be managed in accordance with the same principles and processes as that of Councillors and staff. All Advisory Board and Committee projects will comply with the Occupational Health and Safety Act and Regulations, and the Municipality of Bayham Occupational Health and Safety Policies. Health and safety instruction and training relevant to the specific Advisory Board and Committees will be provided to Advisory Board and Committee Members based on their specific Advisory Board and Committee Health and Safety Profile, which shall include access to the Municipality of Bayham Health and Safety Policy Manual. Training for Advisory Board and Committee Members shall comprise of a health and safety introduction and specialized training or continuing training as required for each specific Advisory Board and Committee. The introduction shall ensure that Advisory Board and Committee Members understand their duties, rights, responsibilities, health and safety issues and accident and emergency procedures. Advisory Board and Committee Members shall have the following responsibilities: a) Be familiar with the applicable requirements of the Municipality's Health and Safety Policy and the Occupational Health and Safety Act and Regulations, and ensure compliance with the same; b) Take every possible precaution to protect themselves, fellow Advisory Board and Committee Members and the public from health hazards and unsafe situations; c) Properly wear and use personal protective equipment where required; d) Familiarize themselves with the location and operation of all safety equipment including first-aid kits and fire extinguishers; e) Be responsible for the prompt reporting to their Chair, Councillor or staff person of health and safety hazards, unsafe acts or conditions, accident and injuries; f) To not engage in any prank, contest, feat of strength, unnecessary running or rough boisterous conditions. Advisory Board and Committee Members must report all accidents and injuries to their Chair, Councillor or staff person immediately. The Chair, Councillor or Staff person shall notify the Health and Safety Committee of the accident or injury immediately. Advisory Board and Committee Members are prohibited from using or possessing illicit drugs, alcohol or using prescription drugs in any way that is illegal. Municipality of Bayham Advisory Board and Committee Members under the influence of drugs and/or alcohol will not be tolerated, and will result in the Advisory Board and Committee Member's dismissal. Section 13 - Insurance and Liability The issue of liability is based on the principle that people are responsible for their conduct in the course of daily activities. Failure to conduct oneself in a responsible and reasonable manner could result in a tort. A tort is a civil wrong as opposed to a criminal wrong and occurs when negligent conduct results in some injury to others. Negligent conduct can include acts of commission or omission. The resulting damage might be to either person or property. Advisory Board and Committee Members, inclusive of Student, Affiliate and single day volunteers, while acting within a specific Advisory Board and Committee established mandate and under the control and direction of the Council of the Municipality of Bayham are covered by the Municipality of Bayham General Liability Insurance Policy. Advisory Board and Committee Members acknowledge the following: 1. Advisory Board and Committee Members shall not be covered by Workplace Safety Insurance Board coverage. 2. Advisory Board and Committee Members will abide by all applicable Municipal by-laws, policies and rules, as may be amended from time to time. 3. Advisory Board and Committee Members will not use facilities, equipment and property owned by the Municipality without approval of a Municipal staff person, and will not use them for personal purposes. RULES OF PROCEDURE FOR ADVISORY BOARDS AND COMMITTEES OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TABLE OF CONTENTS - ADVISORY BOARD AND COMMITTEE PROCEDURAL BY-LAW MUNICIPALITY OF BAYHAM SECTION TITLE 1 DEFINITIONS AND INTERPRETATION 2 GENERAL PROVISIONS 3 DUTIES OF ADVISORY BOARDS AND COMMITTEES 4 MEETINGS 5 ADVISORY BOARDS AND COMMITTEES 6 AGENDAS AND MINUTES 7 ORDER OF PROCEEDINGS 8 RULES OF DEBATE AND CONDUCT 9 MOTIONS 10 VOTING ON MOTIONS 11 CONDUCT OF AUDIENCE 12 ADMINISTRATION BY-LAW NO. 2017-126 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF MUNICIPAL ADVISORY BOARDS AND COMMITTEES OF THE MUNICIPALITY OF BAYHAM AND OF THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.0.2001, c.25 as amended, requires every Municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings; AND WHEREAS the Corporation of the Municipality of Bayham supports and acknowledges the value of Advisory Boards and Committees and there Members; AND WHEREAS the Council for The Corporation of the Municipality of Bayham now deems it advisable to enact a By-law to govern the proceedings of Municipal Advisory Boards and Committees, the conduct of its Members and the calling of Meetings, and to provide for procedures and statutory requirements in accordance with the Act; NOW THEREFORE the Council for The Corporation of the Municipality of Bayham enacts as follows: Section 1 — DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different meaning: "Advisory Board or Committee" shall mean a board or committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. "CAOICIerk" shall mean the CAOIClerk of the Municipality of Bayham. "Chair" shall mean the Member appointed as such by the Advisory Board or Committee. "Council" shall mean the Council of The Corporation of the Municipality of Bayham. "Councillor" shall mean a person elected or appointed as a Member of Council but does not include the Mayor. "Delegation" shall mean a person or group of persons desiring to verbally present information or to make a request to the Advisory Board or Committee. "Mayor" shall mean the Head of Council for the Municipality. "Meeting" shall mean any Meeting of the Advisory Board or Committee. "Member" shall mean a Member an Advisory Board or Committee of the Corporation of the Municipality of Bayham. "Motion" shall mean a question or proposal to be considered by the Advisory Board or Committee and which is moved and is subject to debate. When a Motion is adopted, it becomes a Resolution. "Municipal Act" shall mean the Municipal Act, 2001,(S.O.2001, c. 25), as amended or replaced from time to time. "Pecuniary Interest" shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter M.50, as may be amended. "Point of Order" shall mean a statement made by a Member during a Meeting drawing to the attention of the Chair a breach of the Rules of Procedure. "Point of Privilege" shall mean the raising of a question that concerns a Member, or all of the Members of Council, when a Member believes that his rights, immunities or integrity or the rights, immunities or integrity of the Advisory Board or Committee as a whole have been impugned. "Presiding Member" shall mean the Chair of the Meeting. "Quorum" shall be as defined in Section 4.8 of this Procedural By-law. "Resolution" shall mean a formal expression of opinion or intention by and Advisory Board or Committee. "Rules of Procedure" shall mean the rules and requirements contained within this Procedural By-law. "Secretariat" shall mean the person elected by the Advisory Board or Committee responsible for the preparation of Agendas and taking of Minutes for the Advisory Board or Committee "Municipality" shall mean the Corporation of the Municipality of Bayham. "Vice Chair" shall mean such Member of an Advisory Board or Committee who has been elected to act in the place and stead of the Chair when such Chair is absent from a meeting of the Advisory Board or Committee for any cause and who shall exercise all the rights, power and authorities of the Chair. "Website" shall mean the Municipality of Bayham website address identified as www.bayham.on.ca Section 2 - GENERAL PROVISIONS 2.1 Applicability 2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Advisory Board and Committee Meetings and shall be the rules and requirements which govern the order of their business. 2.1.2 This By-law applies to the creation, amendment and dissolution of Advisory Boards and Committees and to appointments for representation of the public, Staff and Members of Council as authorized by Council on Advisory Boards and Committees. 2.1.3 This by-law outlines a fair and equitable approach and process for the establishment and operation of Advisory Boards and Committees. 2.2 Issue not Addressed 2.2.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be decided by the Chair or Vice Chair, subject to an appeal to the Advisory Board or Committee, as the case may be. 2.2.2 All points of order or procedure not provided for in these Rules of Procedure shall be decided in accordance with the rules of procedure known as Robert's Rules of Order. 2.4 Communication Devices 2.4.1 All communication devices shall be switched to 'silent' upon entering the location where any Council or Committee Meeting is being held. Section 3 - DUTIES OF ADVISORY BOARDS AND COMMITTEES 3.1 Duties of the Chair 3.1.1 It shall be the duty of the Chair to carry out the following responsibilities: a) to open the Meeting of the Advisory Board or Committee by taking the Chair and calling the Members to order; b) to announce the business before the Advisory Board or Committee in the order in which it is to be acted on; c) to receive and submit, in the manner prescribed by this Procedural By-law, all Matters of Business presented by Members; d) to recognize any Member who wishes to speak and to determine the order of the speakers; e) to put to vote all questions which are regularly moved or necessarily arise in the course of the proceedings and to announce the results; f) to participate as an active and voting member, encouraging active participation by all Advisory Board and Committee members; g) to decline to put to vote motions which contravene the provisions of this Procedural By-law; h) to enforce the provisions of the Procedural By-law; i) to enforce on all occasions, the observance of order and decorum among the Members; j) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the place of Meeting; k) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting; 1) to authenticate, by signature, all Meeting minutes; m) to rule on any points of order raised by Members; n) to represent and support the decisions of the Advisory Board or Committee, declaring its will and explicitly and implicitly obeying its decisions in all things; o) to be the point of contact with Council, staff and any media relations; p) to review the goals and objectives of the Advisory Board or Committee and ensure the work plan is realistic, up-to-date and being followed; q) to recognize workload limitations of the Advisory Board or Committee; r) to adjourn the Meeting when the business is concluded. 3.2 Duties of the Vice Chair 3.2.1 Where the Chair gives notice that he will be absent from the Advisory Board or Committee, or of his absence through illness, or he refuses to act, then the Vice Chair shall act in his place and instead of the Chair and, while so acting, has and may exercise all the rights, powers and authority of the Chair. 3.3 Duties of the Members of Advisory Boards and Committees 3.3.1 It shall be the duty of the Members to carry out the role of the Advisory Board or Committee as set forth in the Advisory Board or Committee mandate, in addition to the following responsibilities: a) to deliberate on the business submitted to the Advisory Board or Committee; b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law; c) to apply and respect the Rules of Procedure; d) to attend all scheduled and special Advisory Board or Committee meetings, sending regrets otherwise; e) to understand his role and expectations, including all applicable Municipality Policies; f) to follow the agenda and stay focused on the topic at hand; g) to understand and follow the mandate of the Advisory Board or Committee, including its relationship to Council; h) to understand and respect the role and expectations of all participants; i) to develop and maintain a climate where mutual support, trust, respect, courtesy, teamwork, creativity and a sense of humour are valued; j) to maintain a high degree of professionalism, discharging all duties with honour and integrity in order that the member may merit the trust and confidence of the citizens of the Municipality of Bayham, Council and staff; k) to respect the individual worth and dignity of other members and, at all times, work together to achieve a common vision for the community, utilizing the diverse knowledge, expertise and talents of all members to optimal advantage; 1) to challenge ideas and not people, creating a climate where it is okay to disagree; m) to communicate directly, concisely and honestly, listening without interruption, and be open-minded, allowing a variety of opinions to be heard; n) to work effectively with the administration to provide excellent service to residents, recognizing the professional obligations of staff as an employee of the Municipality and not intervening in administrative practices; o) to respect that resolutions made shall reflect the majority view of the Advisory Board or Committee; p) to respect that decisions of Council are final and accurately communicate the decisions of Council even if they disagree with the majority decision of the Advisory Board or Committee; q) to respect confidential information; r) to attend any training session for Members. 3.3.2 Members shall adhere to the Advisory Board and Committee Code of Conduct attached hereto as Schedule "A", as adopted by Council and as amended from time to time. 3.3.3 Advisory Boards or Committees may appoint Affiliate or Student Members from time to time. Affiliate or Student Members shall be bound by Sections 3.3.1 and 3.3.2 of this Procedural By-law; however, Affiliate and Student Members shall have no voting privileges. 3.4 Duties of the Council Members and Staff on Advisory Boards and Committees 3.4.1 It shall be the duty of Council Members and staff appointed to Advisory Boards and Committees to carry out the role of the Member as set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the following responsibilities: a) to contact Advisory Board or Committee Chairs if issues or concerns related to Members or staff arise and ensure conflict resolution mechanisms are employed, where appropriate; b) to assist the Advisory Board or Committee by offering policy advice on matters within the purview of the Advisory Board or Committee; c) to assist the Chair in preparing any reports or action items. 3.4.2 Council Members and staff shall only vote if the Terms of Reference or mandate of the individual Advisory Board or Committee permit. 3.5 Duties of the Secretariat of Advisory Boards and Committees 3.5.1 It shall be the duty of the Member elected as Secretariat to the Advisory Board or Committee to carry out the role of the Member as set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the following responsibilities: a) to prepare agendas including relevant resolutions in cooperation with the Chair; b) to electronically distribute agendas to Members before a meeting; c) to arrange for or set up of meeting areas, giving consideration to the nature of the matters to be discussed, any audio-visual requirements, attendance by the public and ensuring accessibility for all in compliance with the Municipality Accessibility for Ontarians with Disabilities Act Handbook; d) to arrange for attendance of invited guests at meetings, in conjunction with the Chair; e) to record when the meeting started and adjourned; f) to record the Members present and absent; g) to take minutes, recording a summary of the discussion for each item, actions to be taken and recommendations, including the names of the movers of motions; h) to finalize minutes for distribution. Section 4 - MEETINGS 4.1 Place of Meeting 4.1.1 Unless otherwise directed by the Advisory Board or Committee, all Meetings shall be held in Municipal facilities. 4.2 Inaugural Meeting 4.2.1 The Inaugural Meeting of the Advisory Board or Committee shall be held at a time determined by the Council or staff Member appointed to the Advisory Board or Committee. 4.2.2 The Advisory Board or Committee Council or staff Member shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto. 4.3 Regular Meetings 4.3.1 Regular Meetings of Advisory Boards and Committees shall be held on a set schedule with fixed start times to be determined by the Advisory Board or Committee at its Inaugural Meeting, which schedule will be provided to the CAOICIerk immediately following the Inaugural Meeting. 4.3.2 Where a change is made to the day and time of an Advisory Board or Committee Meeting, the Chair shall give notice of the change to all Members via email. 4.6 Meetings Open to Public 4.6.1 Subject to Section 4.7 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.6.2 The Chair may request that members of the public vacate the Place of Meeting if their behaviour is deemed to be disruptive to the business at hand. The Chair may unilaterally suspend the Meeting until order is restored in the Place of Meeting. 4.7 Closed Meetings 4.7.1 Except as otherwise provided herein, all Meetings shall be open to the public. 4.7.2 The Advisory Board or Committee may, by resolution, close a Meeting or part of a Meeting to members of the public if the subject matter being considered is: a) the security of the property of the Municipality or Local Board; b) personal matters about an identifiable individual, including Municipal and Local Board Employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which the Council is authorized by another provincial statute to hold a closed meeting; h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 4.7.3 A motion by the Advisory Board or Committee, to close a Meeting or part of a Meeting to the public shall state: a) the fact of the holding of the closed Meeting; b) the general nature of the subject matter to be considered at the closed Meeting. 4.7.4 Where a Meeting or part of a Meeting is closed to the public, the Advisory Board or Committee shall request those persons not specifically invited to the closed Meeting to vacate the Place of Meeting. 4.7.5 A Meeting or part of a Meeting shall not be closed to the public during a vote. 4.7.6 The Motion to rise from "In Camera" shall include the time that the Advisory Board or Committee arose. 4.7.7 The Secretariat shall record without note or comment all resolutions, decisions and other proceedings at a Meeting of the Advisory Board or Committee when it is closed to the public. 4.7.8 Members shall ensure that confidential matters disclosed to them during closed Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Advisory Board and Committee Code of Conduct. 4.8 Quorum 4.8.1 Quorum shall be a simple majority of the total Advisory Board or Committee Members, including any vacancies. Subcommittees and Working Groups are subject to quorum rules Advisory Boards and Committees may appoint working group and sub committiees). 4.8.2 If a Quorum is not present within thirty (30) minutes after the time appointed for the Meeting, the Secretariat shall record the names of the Members present and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law. 4.9 Adjournment - Due Hour 4.9.1 Except as provided in Section 9.1.16 of this Procedural By-law, a Regular or Special Meeting of an Advisory Board or Committee shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such other day and time as the Advisory Board or Committee, by resolution, may direct. 4.10 Cancellation of Meeting 4.10.1 The Chair or the Vice Chair, in the Chair's absence, or the Secretariat, in the absence of both the Chair and Vice Chair, may cancel any Meeting of the Advisory Board or Committee if he is of the opinion that weather conditions or an emergency warrant. The Chair shall inform as many Members as he is able to reach, and any persons that are scheduled to be in attendance. 4.10.2 Postponement of the Meeting shall not be for any longer than the next regularly scheduled Meeting of the Advisory Board or Committee. 4.11 Accessibility 4.11.1 Adequate provisions shall be made by the Chair to ensure that Places of Meeting, Agenda and Minute formats, communications and conduct of meeting are accessible, to ensure maximum participation. Reference may be made to the provisions of the Municipality of Bayham Accessibility Handbook. Section 5 — ADVISORY BOARDS AND COMMITTEES 5.1 Establishment of Advisory Boards and Committees 5.1.1 Advisory Boards and Committees are proposed by resolution of Council and established by by-law. Each by-law shall incorporate the mandate for the specific Advisory Board or Committee. Prior to Council's establishment of any Advisory Board or Committee staff shall submit a report to Council including the following information: a) inventory of previous and existing activities related to the matter, including public consultation initiatives; b) membership composition and level of expertise or specialization required by committee members for the selection process; c) orientation, training and facilitation needs. 5.2 Review of Advisory Boards and Committees 5.2.1 Council may review all Advisory Boards and Committees and their respective mandates at any time during the term of Council. The CAOICIerk shall assist in this effort by providing an overview of all Advisory Boards and Committees when requested. 5.2.2 Council may abolish an Advisory Board or Committee at any time during the term of Council with fully substantiated reasoning. 5.3 Orientation Sessions 5.3.1 Orientation sessions shall be conducted for Advisory Board and Committee appointees at the beginning of each term of Council. All Members benefit from orientation. Further sessions may be conducted for appointees during the term of Council, as required. Electronic orientation handbooks will be distributed to all Members for reference purposes. 5.4 Appointment Process for Advisory Board and Committee Members 5.4.1 Where a Provincial Statute prescribes the type of appointments to be made by the Municipality to a given Advisory Board or Committee, the Statute shall be complied with. 5.4.2 Where the Municipality makes appointments to Advisory Boards or Committees of its own creation the vacancies for citizen appointments shall be publicly advertised on the Municipality of Bayham website. 5.4.3 To apply to serve as a Member on a Municipality Advisory Board or Committee, interested individuals shall be invited to apply and submit an application, which is available on the Municipality of Bayham website. These appointments enable local citizens from various backgrounds to participate in local government and voluntarily give their time and expertise to help formulate the direction of certain programs. 5.4.4 All appointments to Advisory Boards or Committees shall be subject to compliance with the Municipality Advisory Board and Committee Policy, inclusive of all screening requirements. 5.4.5 The duration of Advisory Board or Committee appointments are the same as the term of Council. While appointees may serve on more than one Advisory Board or Committee, Council shall give the first consideration to individuals who are not already appointed to another Advisory Board or Committee. 5.5 Elections 5.5.1 The Chair, Vice-Chair and Secretariat shall be elected to a term as agreed upon by the Advisory Board or Committee at the Inaugural Meeting. 5.5.2 Election shall be by show of hands, with each member receiving one vote. 5.5.3 The Council Member or staff are not eligible to serve as Chair or Vice Chair. 5.6 Resignation and Dismissal Process 5.6.1 Advisory Board and Committee members wishing to resign their appointment shall submit a letter of resignation which shall be forwarded as soon as possible to the CAOICIerk. 5.6.2 Council may, with or without the advice of the Advisory Board or Committee, and with a supporting rationale, make changes to the Advisory Board or Committee membership. 5.7 Attendance Management 5.7.1 After two consecutive absences by any Member at regularly scheduled meetings, the following process shall be followed: a) The Council Members shall informally contact the absent Member to determine if they plan to attend the next regularly scheduled meeting, noting any reasonable or compassionate circumstances which would prohibit their attendance. b) If no reasonable or compassionate response is given, the Council Members shall inform the absent Member that if they are absent from the next regular meeting (the third meeting), the Advisory Board or Committee shall declare their seats vacant and recommend to Council the removal of the Member. c) If the Council Member is unable to reach the absent member or if there was no reasonable or compassionate grounds for absences given at the time of preparing the Agenda for the third meeting: i) The Secretariat shall include the item "Absentee Member" on the Agenda under the Matters of Business heading. ii) Upon consideration of the item, the Secretariat shall briefly identify the requirements of the Advisory Board and Committee Procedural By-law and the name of the absent Member. iii) The Advisory Board or Committee shall recommend to Council the absent Member's seat be declared vacant. d) Removal from Advisory Board or Committee Membership shall be made by resolution of Council. Council may, by resolution, based on evidence of absenteeism due to compassionate or reasonable grounds waive the attendance requirements of the Advisory Board and Committee Procedural By-law. Section 6 - AGENDAS AND MINUTES 6.1 Advisory Board and Committee Agenda 6.1.1 The Secretariat shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at Meetings of the Advisory Board or Committee: Call to Order Disclosures of Pecuniary Interest Delegations Adoption of Minutes Matters of Business Adjournment 6.1.2 The Agenda shall be emailed to each Member no later than two days preceding the commencement of the Regular Advisory Board or Committee Meeting in question. 6.1.3 The business of the Advisory Board or Committee shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 6.2 Meeting Minutes 6.2.1 Meeting structure, Agenda and Minute formats should meet the individual needs of Advisory Boards and Committees, while ensuring consistency, completeness and accountability. An Advisory Board or Committee may choose to follow a more informal procedure and allow for a consensus approach to discussion. It is recommended that the following components be included in Agendas, where specific subject items are described in each component and the use of the minute template, as approved by the CAOICIerk. 6.2.2 The Secretariat shall cause the Minutes to be taken of each Meeting of the Advisory Board or Committee, whether it is closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting; b) the name of the Presiding Officer or Officers and the record of attendance of the Members; should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted; c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes of prior Meetings; and e) all resolutions, decisions and all other proceedings of the Advisory Board or Committee, without note or comment. 6.2.3 The Minutes of each Advisory Board or Committee shall be presented to the Members for confirmation at the next Regular Meeting. Section 7 - ORDER OF PROCEEDINGS 7.1 Call to Order 7.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Chair shall call the Members present to order. 7.1.2 If the Chair does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a Quorum is present, the Vice Chair shall preside over the Meeting and shall exercise all duties and responsibilities of the Chair as outlined in this Procedural By-law until the Chair is present at the Meeting and able to perform his responsibility to assume the chair. 7.1.3 If the Vice Chair is also not present within fifteen (15) minutes after the time set for the Meeting and a Quorum is present, the Secretariat shall call the Meeting to order, and the Members present shall appoint a Presiding Member who shall act as Chair of the Meeting until the arrival of the Chair or Vice Chair, whoever is the first to arrive and is able to assume the chair. 7.2 Disclosures of Pecuniary Interest 7.2.1 Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting of the Advisory Board or Committee at which the matter is the subject of consideration, the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 7.2.2 Where the Meeting is not open to the public, in addition to complying with the requirements of Section 7.2.1 of this Procedural By-law, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration. 7.2.3 Where a Member is absent from a Meeting which includes a matter for which the Member has a pecuniary interest, the Member shall disclose this interest and otherwise comply at the first Meeting of the Advisory Board or Committee attended by him after the particular Meeting. 7.3 Delegations 7.3.1 Delegations shall be permitted to speak on a matter only once within a six (6) month period and shall be limited to speak for no more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may be decided, without debate, by a majority of the Members present. Where a delegation consists of a group of three or more persons, the group may address the Advisory Board or Committee for no more than fifteen (15) minutes. 7.3.2 No Delegation shall: a) speak disrespectfully of any person; b) use improper language or unparliamentarily language; c) speak on any subject other than the subject for which they have received approval to address the Advisory Board or Committee; or d) disobey the rules of procedure or a decision of the Chair. 7.3.3 The Advisory Board or Committee may refuse to hear delegations when, in the opinion of the Advisory Board or Committee, the subject of the presentation is beyond the jurisdiction of the Advisory Board or Committee. 7.4 Matters of Business 7.4.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of another Agenda heading, shall be disposed of during this portion of the Meeting. 7.4.2 Items of business requiring the direction of the Advisory Board or Committee or a formal resolution will appear under this heading in the Agenda. These matters should generally pertain to information items and can include correspondence and Members' Reports. 7.4.3 All Matters of Business intended to be presented to the Advisory Board or Committee shall be legibly written or printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Secretariat before it is presented to the Advisory Board or Committee 7.4.4 All matters to be considered under this heading of the Agenda shall be received by the Secretariat no less than five (5) days prior to the Advisory Board or Committee Meeting date. 7.5 Adjournment 7.5.1 See Section 9.1.14 of this Procedural By-law Section 8 - RULES OF DEBATE AND CONDUCT 8.1 Duties and Conduct 8.1.1 Advisory Boards and Committees work on behalf of Council for the citizens of the Municipality of Bayham. Advisory Boards and Committees may consult with community stakeholders or engage in activities that puts Members in direct contact with citizens and various organizations. Members shall reflect a professional and courteous manner when interacting with the public. Should a Member exhibit a pattern of inappropriate conduct, the Advisory Board or Committee or staff may request that Council rescind the Member's appointment. 8.1.2 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; b) use offensive words or unparliamentarily language or speak disrespectfully against the Advisory Board or Committee, against any Member or against any officer or employee of the Municipality of Bayham; c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the Meeting, on questions of Points of Order or procedure or upon the interpretation of the Rules of Procedure except where the ruling of the Chair is reversed by the Advisory Board or Committee pursuant to subsection 8.6.2. If a Member persists in any such disobedience after having been called to order, the Chair shall forthwith order that Member to vacate the Place of Meeting, but if the Member apologizes, he may, by majority vote of the Members, be permitted to retake his seat; e) speak in a manner that is discriminatory in nature based on an individual's race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; f) where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person. 8.2 Address the Chair 8.2.1 Any Member desiring to speak shall signify a desire to speak in such manner as the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only. 8.3 Order of Speaking 8.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next recognize in order the other Members. 8.4 Point of Privilege 8.4.1 Where a Member considers that his integrity or the integrity of the Advisory Board or Committee as a whole has been impugned, the Member may, on a Point of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of the Advisory Board or Committee to the matter. 8.4.2 When a Member is permitted to raise such matter of privilege, it shall take precedence over other matters, but the Member shall not be permitted to enter into any argument or introduce any Motion related to the Point of Privilege. 8.4.3 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final. 8.5 Point of Order 8.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair and the Chair shall then decide upon the Point of Order and advise the Member of the decision. 8.6 Appeal of Ruling of Chair 8.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the Member does not appeal immediately thereafter to the Advisory Board or Committee the decision of the Chair shall be final. 8.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal immediately to the Advisory Board or Committee otherwise the decision of the Chair is final. 8.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by the Advisory Board or Committee, without debate on the following question: "Will the ruling be sustained?", and the decision of the Advisory Board or Committee is final. The Chair may vote on this question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be sustained. 8.7 Members Speaking 8.7.1 When a Member is speaking, no other Member shall pass between the Member and the Chair, or interrupt the Member except to raise a Point of Order. Section 9 - MOTIONS Reading 9.1.1 All motions must be introduced by a mover before the Chair may put the question or motion on the floor for consideration. Withdrawn 9.1.2 After a motion is properly moved, it shall be deemed to be in possession of the Advisory Board or Committee, but may be withdrawn by the mover at any time before decision or amendment. No debate until properly moved and seconded 9.1.3 No Member shall speak to any motion until it is properly moved, and the mover is entitled to speak first if the Member so elects. Motion ruled out of order 9.1.4 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the Chair shall rule the motion out of order. Not within jurisdiction of Council 9.1.5 A Motion in respect of a matter which requires the exercise of a legislative power by the Advisory Board or Committee which is not within its jurisdiction shall not be in order at a Meeting the Advisory Board or Committee. Motion to Amend 9.1.6 A motion to amend: a) shall be presented in writing if requested by the Chair; b) shall relate to the subject matter of the main motion; c) shall not be received proposing a direct negative to the question; and d) shall be put to a vote in reverse order to the order in which the amendments are made. 9.1.7 Only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion. Motion to table 9.1.8 A motion simply to table is not debatable except where instructions are included, in which case, only the instructions shall be debatable. Such motion cannot be amended. 9.1.9 The matter tabled shall not be considered again by the Advisory Board or Committee until a motion has been made to lift from the table the tabled matter at the same or subsequent Meeting. 9.1.10 A motion to lift a tabled matter from the table is not subject to debate or amendment. Reconsideration 9.1.11 A resolution or any question or matter which has been adopted previously by the Advisory Board or Committee may be reconsidered by the Advisory Board or Committee subject to the following: a) a majority of the Advisory Board or Committee agree to such reconsideration by Resolution. Only a Member who voted thereon with the majority may make a Motion to Reconsider; b) such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration; d) if a Motion to Reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on; and e) a vote to reconsider a particular matter or decision will not be considered more than once during the term of the Advisory Board or Committee. Motion to recess 9.1.12 A motion to recess shall provide for the Advisory Board or Committee to take a short intermission within a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted. 9.1.13 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not in order when another motion is on the floor. Motion to Adjourn 9.1.14 A motion to adjourn is not debateable or amendable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or d) when a Member has indicated to the Chair his desire to speak on the matter before the Advisory Board or Committee. 9.1.15 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the Advisory Board or Committee to an end. 9.1.16 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and c) shall require the support of two-thirds (2/3) of the Members present and voting. Section 10 - VOTING ON MOTIONS Unrecorded Vote 10.1 A simple majority vote of the Members present shall be followed. Recorded votes shall not be permitted. 10.2 The manner of determining the decision of the Advisory Board or Committee on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise. 10.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question. 10.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative. 10.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that question. 10.6 Each Member has only one vote. 10.7 The Chair shall announce the result of every vote. Section 11 - CONDUCT OF THE AUDIENCE 11.1 Members of the public who constitute the audience in the Advisory Board or Committee Place of Meeting, during a Meeting, shall respect the decorum of Advisory Boards and Committees, maintain order and quiet and may not: a) address the Advisory Board or Committee without permission; b) interrupt any speaker or action of the Members or any person addressing the Advisory Board or Committee; c) speak out; d) applaud; e) behave in a disorderly manner; or f) make any noise or sound that proves disruptive to the conduct of the Meeting. 11.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Place of Meeting. 11.3 The Chair may request that a Member or Members of the public vacate the Place of Meeting if his behaviour is deemed to be disruptive to the business at hand. Section 12 - ADMINISTRATION 12.1 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular includes the plural, and vice-versa, as the context requires. 12.2 This By-law shall be administered by the CAOIClerk. 12.3 This By-law shall come into full force and effect on the 21 day of December, 2017. 12.4 The short title of this By-law is the "Advisory Board or Committee Procedural By-law" READ A FIRST, SECOND and THIRD time and finally passed on the 21 day of December, 2017. Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Joint Cemeteries Board Statutory- Discretionary Statutory Funeral, Burial and Cremation Services Act, 2002 Municipal of Ba ham Cemeteries Regulatory By-law Acronym BJCB Mandate To co-ordinate and support the efforts in pursuing consistency among the Bayham Cemetery Boards, and ensuring compliance with the requirements of the Funeral, Burial, Cremation Services Act, 2002 (FBCSA) and Regulations, as amended from time to time. Sub-Committees forming Individual Boards shall be established to be responsible for the maintenance and operation of each of the following cemeteries in the Municipality of Bayham and be known as: The Straffordville Cemetery Board The Smuck Cemetery Board The Eden Cemetery Board The Calton Cemetery Board The Guysboro Cemetery Board The Dobbie Cemetery Board The Best Cemetery Board The Bayham West Cemetery Board The Sub-Committee Boards may initiate and undertake other projects, in regard to cemeteries without any individual Board structure, either individually or jointly. Other Municipal Cemeteries acknowledged as having no individual board structure at this time include: Light Edison Claus Stanton Firby Old Eden Old Richmond (Godwin) Otter Valley Estherville (also know as Otter Valley Baptist & Old Port Burwell) Amerman Abandoned Hemlock Creek Hutchison Composition Nine (9) members of the public Council Representation One (1) Member of Council — no voting privileges Staff Representation One 1 Staff person — no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Harbourfront Advisory Committee Statutory- Discretionary Discretionary Acronym HFC Mandate The Harbour Front Committee (HFC)will provide advisory support to Council in regard to the promotion, improvement and development of the Bayham harbourfront area and related infrastructure. The Committee will work towards the creation of a vibrant harbourfront area to promote a strong economic base with enhanced tourism and inclusion of natural and heritage resources, within the financial realities of the Municipality of Bayham. The Committee will provide advisory recommendations to Council for the promotion, improvement and development of the harbour area with the goal to contribute to employment opportunities, community renewal, beautification and recreational opportunities. The Committee will work closely with other related groups and agencies including but not limited to the County of Elgin Economic Development Department, Port Burwell Provincial Park and Otter Valley Naturalists. Composition Nine 9 members of the public Council Representation One (1) Member of Council —full voting privileges Staff Representation One 1 Staff person — no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Museums Bayham Board Statutory- Discretionary Discretionary (By-law No. 2006-082, Collections & Records Management Policy, By-law No. 2006-083, Education Policy, By-law No. 2007-018, Staff Training Policy) Acronym MB Mandate Museums Bayham exists to educate the citizens of Bayham and the community beyond about the history of the Bayham area, subject to budgetary requirements and limits as approved by the Council of the Municipality of Bayham, following the procedures and policies approved by Bayham Council. This includes Port Burwell and its lighthouse in relation to the local and marine heritage of the Great Lakes, and also Vienna's Canadian connection to the Thomas Alva Edison family heritage, fostering an appreciation for the relationship of Bayham's past to its present and future development. To this end, Museums Bayham collects, records, preserves, researches, shares, promotes and presents exhibits and interprets documents and artifacts related to the history of Bayham, in accordance with the financial realities of the Corporation of the Municipality of Bayham. The premises known municipally as 20 Pitt Street and 17 Robinson Street and known as the Port Burwell Marine Museum and Lighthouse, respectively, shall continue to be maintained and identified as the Port Burwell Marine Museum and Lighthouse. The Marine Museum and Lighthouse have been established to serve the inhabitants of Port Burwell and the Bayham area, with a strong appeal to tourists visiting the region. The museum collection will focus on marine documentation and artifacts that illustrate the relationships between marine life on the Great Lakes together with domestic and commercial life of the Village as a port on Lake Erie. The premises known municipally as 14 Snow Street, and known as the Edison Museum of Vienna shall continue to be maintained and identified as the Edison Museum of Vienna. The Edison Museum has been established to promote recognition of the extent and impact of Thomas Alva Edison, the inventor, on the local area, and worldwide, by his many inventions and family artifacts on display, and promote and preserve the historical artifacts and records of the Bayham area and its inhabitants. Service and Operation Programming The Board with assistance of Staff will be responsible for the preparation and review of policies and procedures for service, operation, programming, and long- term planning goals for the museums. Artifacts Ownership of any and all donated items lies with the Municipality of Bayham, who will provide adequate insurance coverage including on-loan items, subject to consideration of Council considering recommendations of the Board. Acquisition, disposal, and records of documents, objects and artifacts will be governed by the Museums' collection development and management policy as adopted by the Council of the Municipality upon recommendation of the Board. Ownership by the Municipality of Bayham may be assigned to its successors, administrators and assigns absolutely. Displays and exhibits will be approved by the Board. Finance and Budgeting The Board in communication with the appropriate staff, will prepare, review and submit annual operating budget requirements, including long-term capital projects, to the municipal administration, for Council's consideration and approval annually as required. The Board will monitor the budgets throughout the year. Reserves/Reserve Funds may be established as approved by Council through the budget process. Bequests and financial donations will be accounted for through Municipal administration. Purchasing Purchasing is to be coordinated through staff in accordance with the Municipal Procurement By-law. Any such purchases must be within the Budgets established and approved by Council, and must be approved by the Board. A Petty Cash Fund(s) may be permitted at the discretion of the Board. Such petty cash fund will be administered by staff. Human Resources The Museums and staff shall be governed by Council through the CAOICIerk in accordance with municipal policies and procedures. The Board will provide general direction of staff at the museums, assisted by municipal staff as appropriate, within the guidelines of the annual budget and personnel policy, as approved by Council. Special Events and Exhibits The Board, with assistance of museum staff and volunteers, may undertake special events, displays, and exhibits at its discretion, within the guidelines of the annual operating budget as approved by Council. Fundraisinq and Donations The Board, with assistance of museum staff and volunteers, will undertake and promote fundraising and donation programs to the best of its ability. Such programs may be for general operating assistance or special programs/capital projects (approved by Council). All accounts shall be accounted for through Municipal administration. Facility Management The Board will provide input/information to municipal administration for the Capital and Operating needs of Museum facilities. Such needs shall be considered in the preparation of budgets presented to Municipal Council. Composition Eleven (11) members, including six (6) community members, one (1) member from the Port Burwell Historical Society, one (1) member from the Bayham Historical Society, one (1) expert representative from a professional heritage facility (active or retired), if possible. Council will endeavor to provide membership from the Bayham community that will support the mandate and success of both museum facilities. Council Representation One 1 Member of Council — no voting privileges Staff Representation One 1 Staff person — no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 $AYHA t �pAoi.tu TS�O.`'`�� nifty Corporation of the Municipality of Bayham Advisory Board & Committee Member Application Form I am interested in participating as a volunteer on the following boards and/or committees : Explain why you would like to serve on each board or committee identified above, including any skills or experience which would be of value to the committee or board: Do you have any experience volunteering? DYES ONO if Yes, in what capacity: We want to ensure persons with disabilities are able to participate on municipal committees. If you have a disability, what accommodations, if any, would you need to carry out this position? Please provide any additional information which may be of assistance in the selection process. Applicants Signature: Date: Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility Request for Alternate Formats Form at www.bavham.on.ca or contact the Accessibility Coordinator at 519-866- 5521 or at accessibility(a)bayham.on.ca. NOTE: Personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act c.M56 s.29(2) and will be used to appoint citizen members to municipal boards, or committees. Information on this form will be disclosed to the public for candidate selection purposes. Questions about this collection should be directed to the Municipal Clerk at the address indicated at the top of the application. ,V,AYHA.1�? p�'poitu IS�o��S nity Corporation of the Municipality of Bayham Advisory Board and Committee Member Confidentiality Statement The Municipality of Bayham and its Boards, Committees, Volunteers and Employees adhere to the requirements of the Municipal Freedom of Information and Protection of Privacy Act, I, am an Advisory Board or Committee Member serving as a volunteer citizen member of the Corporation of the Municipality of Bayham. I HEREBY ACKNOWLEDGE AND UNDERSTAND THE FOLLOWING: THAT the Municipal Freedom of Information and Protection of Privacy Act provides that all persons appointed or chosen under the authority of a municipal council are governed by the said Act and includes citizen members of boards, committees and volunteers appointed by Council from time to time; THAT the Municipal Freedom of Information and Protection of Privacy Act, Section 48, provides for penalties for contravention of the said Act; I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT in the course of carrying out my volunteer role, I may have access to and may be dealing with records containing confidential information and/or personal information which reveals the identity of the person who is the subject of the record or identify a person who has provided information about the subject of the record; HEREBY AGREE to hold such information confidential and, except as may be legally required, will not disclose or release it to any person at any time without proper consent or authorization; FURTHER AGREE to take appropriate security measures to prevent unauthorized access to confidential information. DATED at the Municipality of Bayham this day of , 20_ Signature: Witness: Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866-5521 ext. 209 or at accessibility(c-bayham.on.ca. Accessibility Standards Training for Volunteers The Municipality of Bayham is committed to creating and maintaining an accessible and inclusive community for all residents.To do this, we must recognize and acknowledge the diverse needs of our residents, including the needs of people with disabilities. On July 1, 2011,the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) under the Accessibility for Ontarians with Disabilities Act, 2005, was enacted into law. Each regulation requires the Municipality to train all of its employees,volunteers, and third party contractors on the Regulation and the Ontario Human Rights Code, as it relates to people with disabilities. Ontario Human Rights Code Under the Ontario Human Rights Code, the Municipality has a legal obligation to accommodate any person with a disability, regardless of whether they are an employee, volunteer or resident. It is important to provide accessible formats, communication supports or workplace accommodations in a timely and efficient manner upon request. Accessible Customer Service Service Animals Service animals are allowed in all parts of municipally owned or operated facilities in areas that are open to the public. If an animal is excluded by law,the Municipality is not required to allow the animal entrance into its facilities. A service animal is categorized by the following: (a) the animal can be readily identified as one that is being used by the person for reasons relating to the person's disability, as a result of visual indicators such as the vest or harness worn by the animal; or (b) the person provides documentation from one of the following regulated health professionals confirming that the person requires the animal for reasons relating to the disability: (i) A member of the College of Audiologists and Speech-Language Pathologists of Ontario. (ii) A member of the College of Chiropractors of Ontario. (iii) A member of the College of Nurses of Ontario. (iv) A member of the College of Occupational Therapists of Ontario. (v) A member of the College of Optometrists of Ontario. (vi) A member of the College of Physicians and Surgeons of Ontario. (vii) A member of the College of Physiotherapists of Ontario. (viii) A member of the College of Psychologists of Ontario. (ix) A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario. Support Persons The Municipality welcomes individuals to be accompanied by a support person to Municipal programs and services. The Municipality will waive admission fees for the support person, where applicable. The individual needs to make this known to Municipal staff or volunteers; otherwise admission fee will be charged. Service Disruption If a Municipal service is temporarily disrupted, it is the Municipality's responsibility to provide notice to the public. Notice of disruption must include the following information: the reason for the disruption, how long it is expected to be unavailable and if there is a way to provide an alternative service. This information should be posted in a conspicuous area within the facility and on the Municipality's website. General Requirements Establishment of Policies, Procedures and Best Practices Municipal Council approved the Corporate Accessibility Policy.The policy provides direction and guidance to staff on how the Municipality will comply with the standards and the various requirements. Accessibility Plans The Municipality's multi-year accessibility plan provides a high-level overview of the actions staff will undertake to meet all of the Municipality's compliance obligations. It can also be found on the Municipality's website. Procuring or Acquiring Accessible Goods, Services or Facilities To ensure that the Municipality is receiving accessible goods and services from third-party contractors, accessibility criteria has been incorporated into the general terms and conditions that accompany any RFP, bid or tender published by the Municipality. Training In order to train all volunteers on the Accessible Customer Service Standard, Integrated Accessibility Standard Regulation and the Ontario Human Rights Code this brochure has been developed. Information and Communications Feedback Receiving feedback on the accessibility of the Municipality's goods, services and facilities is an effective way to ensure we are meeting the needs of the Municipality's residents with disabilities. Residents can submit their feedback in person, by phone, by email or in writing.The Accessibility feedback form can be found on the Municipality's website. Accessible Formats The Municipality is only required to provide any of its documents in an accessible format upon request. Accessible formats can be produced by contacting the Municipality's Accessibility Coordinator.An accessible format could include large print, Braille, audio, plain language, or an electronic format such as PDF or formatted Word document. Communication Supports An American Sign Language Interpreter is an example of a communication support. Upon receiving a request,the Municipality is obligated to provide communication supports for any of its programs, events or services. The Municipality's Accessibility Coordinator can arrange for a communication support, if requested. ------------------------------------------------------------------------------------------------------------------------------------------------------------- Please fill out the information below and return it to the Municipality. Name: �AYHJ"���? Board or Committee Date: --� Signature: ��poi.tu j5�0 5 nity THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-127 BEING A BY-LAW TO ADOPT A PERSONNEL POLICY MANUAL WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it further necessary to adopt a new Municipality of Bayham Personnel Policy Manual reflecting the required ethical and legal requirements for all Employees of the Municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT a Municipality of Bayham Personnel Policy Manual attached as Schedule "A" be adopted. 2. THAT this by-law shall take effect upon its adoption. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21St DAY OF DECEMBER 2017. MAYOR CLERK MUNICIPALITY OF BAYHAM PERSONNEL POLICY MANUAL TABLE OF CONTENTS SECTION ONE: INTRODUCTION ABOUTTHIS HANDBOOK..................................................................................................................................................................4 ACKNOWLEDGEMENTFORM............................................................................................................................................................5 SECTION TWO:EMPLOYEE CONDUCT AND GUIDELINES EQUAL OPPORTUNITY EMPLOYER....................................................................................................................................................9 RECRUITMENT AND SELECTION........................................................................................................................................................9 EMPLOYMENT AGREEMENTS.........................................................................................................................................................10 PROBATIONARY PERIOD.................................................................................................................................................................11 EMPLOYEE CLASSIFICATIONS..........................................................................................................................................................13 PERFORMANCE EVALUATIONS.......................................................................................................................................................13 CONFIDENTALITY................................................................................................................................Error!Bookmark not defined. PRIVACY,PERSONAL INFORMATION AND PERSONAL RECORDS....................................................................................................15 CONFLICT OF INTEREST...................................................................................................................................................................16 PARTICIPATION ON COMMITTEES..................................................................................................................................................18 PROGRESSIVE AND CORRECTIVE DISCIPLINE..................................................................................................................................19 CONFLICT/PROBLEM RESOLUTION.................................................................................................................................................20 GIFTS,GRATUITIES AND MONETARY BENEFITS..............................................................................................................................22 DISCRIMINATION AND HARASSMENT IN THE WORKPLACE............................................................................................................23 VIOLENCE IN THE WORKPLACE.......................................................................................................................................................27 TECHNOLOGY AND CORPORATE PROPERTY...................................................................................................................................33 USE OF MUNICIPAL VEHICLES AND EQUIPMENT............................................................................................................................35 LAYOFF............................................................................................................................................................................................36 TERMINATION.................................................................................................................................................................................36 EMPLOYMENT VERIFICATION.........................................................................................................................................................38 COUNCIL STAFF RELATIONS............................................................................................................................................................38 CONDUCTINVESTIGATIONS............................................................................................................................................................38 SECTION THREE:PAY ADMINISTRATION AND BENEFITS COMPENSATION PHILOSOPHY........................................................................................................................................................41 COMPENSATION CLASSIFICATIONS.....................................................................................................Error!Bookmark not defined. JOBEVALUATION SYSTEM..............................................................................................................................................................44 ACTINGPAY....................................................................................................................................................................................45 PAYADMINISTRATION....................................................................................................................................................................46 BENEFITS.........................................................................................................................................................................................47 PROFESSIONAL DEVELOPMENT&CONTINUING EDUCATION........................................................................................................48 LONG-TERM SERVICE AWARDS.......................................................................................................................................................49 SECTION FOUR: HOURS OF WORK,ATTENDANCE AND LEAVES tuaftylsi nounsopvvonx---------------------------------------------------------.sz OVERTIME.......................................................................................................................................................................................sa CALL|m PAY.........................................................................................................................................Error!Bookmark not defined. PAIDPUBLIC HOLIDAYS...................................................................................................................................................................s4 VACATION.......................................................................................................................................................................................ss BEREAVEMENTLEAVE.....................................................................................................................................................................S6 JURY/COURT DUTY..........................................................................................................................................................................s7 VOTINGLEAVE................................................................................................................................................................................s7 INCLEMENTWEATHER DAYS...........................................................................................................................................................s8 s|cxLEAvs------------------------------------------------------------'so sTATuTonvLEAvssOFAoSsN[sS------------------------------------------------.00 DRESSCODE.......................................................................................................................................................................................................sz 1 p,YHA4f ©A'Ortunity L5'°'i 5 SECTION ONE : INTRODUCTION z Vp,YHA4f ig Ap4rtanity[spa 3 1�p,YHA,af ig Ap4rtanity[spa ABOUT THIS HANDBOOK The Municipality of Bayham is referred to as the Municipality throughout this handbook. All the policies in this employee policy handbook apply to all employees of Bayham (including part- time, seasonal, students, etc.), unless specifically excluded in the scope section of a policy. For union employees this policy manual applies except where the collective agreement overrides. The Municipality, through the CAOICIerk reserves the right to add, delete, or amend policies at any time due to legal or operational requirements. The CAOICIerk will provide a summary of changes annually to Council in a year in which changes occur. If there is a conflict between a policy and an applicable government statute, the statute prevails. This handbook does not constitute an employment agreement, nor does it confer any special rights or guarantee of continued employment. This handbook attempts to address all significant operational issues of the Municipality. There may be personnel issues that arise from time to time which are not covered in this handbook. If you have an issue not addressed in this handbook, please talk to your supervisor or the CAOICIerk. The Municipality has taken great care in preparing this handbook but realizes that errors and omissions do occur. If you find any spelling, grammatical or other mistakes, please report these to the CAOICIerk. All employees are required to be aware of and comply with applicable policies contained in this handbook Failure to comply with policies in this Policy Manual could result in disciplinary action, as outlined in the Progressive and Corrective Discipline Policy. If you are unsure of the application of any policy in this handbook, please contact the CAOICIerk for clarification. All employees will be given access to a copy of this handbook when presented with an offer of employment, before starting. All employees are required to sign the acknowledgement form at the beginning of this manual before starting. It is the practice of the Municipality to ask all employees to sign an acknowledgement each year in which changes occur. 4 V,XYHAA,l �Ap�rtaa ty is i 5 ACKNOWLEDGEMENT FORM I have received my copy of the Municipality of Bayham Policy Manual and I have read and understood the information. Management has answered questions to my satisfaction. I understand that, while an employee of Bayham, I am bound to abide by all policies and procedures set forth in this manual. I understand that failure to comply with the policies and procedures set out in this manual may lead to disciplinary action. I also understand that the information in this manual is subject to change as situations warrant. Changes may supersede, revise or eliminate one or more of the policies in this manual. These changes will be communicated through official notices. I accept responsibility for keeping informed of these changes. It is the policy of the Municipality of Bayham to have all employees sign this acknowledgement annually as a reminder of all Municipality of Bayham policies and procedures. Please sign and provide a copy to your Supervisor, and retain a copy for your own records. Name (please print) Signature Date 5 Vp,YHA4f ig Ap4rtanity[spa 6 taaftylsi SECTION TWO : EMPLOYEE CONDUCT AND GUIDELINES Vp,YHA4f ig Ap4rtanity[spa 8 1�p,YHA,af ig Ap4rtanity[spa EQUAL OPPORTUNITY EMPLOYER 1. The Municipality's objective is to provide equal employment opportunities without discrimination. The Municipality is committed to hiring, training and developing the best qualified individuals in order to provide the municipality with the best possible services. RESPECT IN THE WORKPLACE 2. The Municipality is committed to providing an environment that demonstrates and encourages a fundamental respect for individuals, their rights and their dignity. DISCRIMINATION 3. The Municipality makes decisions based on employees, free of discrimination and based on individual skills, initiative and capability, regardless of race, ancestry, place of origin, colour, national or ethnic origin, citizenship, religious beliefs, non-job related disability, age, gender, sexual orientation, marital status, family status, receipt of public assistance or record of offences. The Municipality strives to comply with the Ontario Human Rights Code. RECRUITMENT AND SELECTION 1. The Municipality is committed to recruiting and selecting individuals who are the most qualified to perform the requirements of each position available. Candidates for job vacancies may be from existing staff or from outside sources. Where qualifications are deemed equivalent, preference will be given to internal candidates. 2. No verbal or written offers of employment, or commitments, are to be made to any job candidate until all appropriate approvals have been obtained and the following process fully completed. 3. The Municipality will follow the following process to fill open positions: ➢ Approval of hire by council ➢ Update job description ➢ Review and finalize pay and benefits for vacant position ➢ Determine best recruitment channels and implement ➢ Screen applications, using phone screening, e-mail questions and other screening methods as appropriate. ➢ Conduct first interview ➢ Conduct second interview, if required 9 1�p,YHA,af ig Ap4rtanity[spa ➢ Prove credentials, as appropriate ➢ Prove eligibility for employment ➢ Perform employment testing as appropriate ➢ Perform background checks including: criminal record, driving record, credit check (as appropriate for position). The candidate must agree in writing to all background checks. ➢ Perform reference checks on at least 3 business references. Reference checks will be carried out in a fair and consistent manner. All references contacted must be approved by the candidate. ➢ Present the successful candidate with a written offer of employment,which outlines all the terms and conditions of employment of the job. ➢ Get offer signed before start date. Proof of Eligibility for Employment 4. In compliance with federal legislation, new employees, if requested, and as a condition of employment, must present documentation establishing their identity and their eligibility to legally work in Canada. A valid Social Insurance Number, landed immigrant papers, employment visa, or temporary work permit is deemed sufficient for this purpose. Failure to prove eligibility for employment in Canada constitutes just cause for immediate dismissal, without notice of compensation, in lieu of notice. Employment Applications 5. Any misrepresentations, falsifications, or material omissions in any data requested during the hiring documentation process, shall result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment for cause, without notice or compensation in lieu of notice. EMPLOYMENT AGREEMENTS 1. All employees of the Municipality will be provided an employment agreement to be signed, upon hire, when they are transferred or promoted. The employment agreement sets out all the terms and conditions of employment. 2. All offers of employment must be signed before starting, will typically include the following in writing, as applicable: ➢ Position title ➢ Employment classification ➢ Working location ➢ Job duties (attach job description) 10 1�p,YHA,af ig Ap4rtanity[spa ➢ Reports to ➢ Start date ➢ Normal hours of work ➢ Probationary period ➢ Eligibility to work in Canada ➢ Starting pay step ➢ Starting pay ➢ Payroll deductions ➢ Eligibility for overtime ➢ Eligibility for benefits ➢ Vacation ➢ Requirement for driver's license ➢ Right to layoff ➢ Policy manual acknowledgement. Employees are required to sign an acknowledgement of receipt and compliance before starting. Any questions will be answered before starting. ➢ Right to use discipline and suspension without pay ➢ Termination of employment 3. Reference individual policies for more details. 4. There may be a need for additional terms of employment, depending on the position. PROBATIONARY PERIOD 1. All newly hired employees are subject to a probationary period beginning from their date of hiring with the Municipality, to assess their suitability to become a permanent employee. 2. The purpose of probationary employment is to determine employee's skill in performing his/her duties and ability to adjust to the working environment. It is intended to assist the employees to identify strengths and gaps in his/her job performance and to develop corrective strategies if necessary. 3. The probationary period will normally be three (3) months of active employment. Probationary periods for department heads are six (6) months. The probationary period may be reduced or extended to a maximum of one (1) year, at the discretion of the CAO/Clerk. Active employment is defined to exclude any leaves. 11 1�p,YHA,af ig Ap4rtanity[spa 4. Prior to completion of the probationary period, the supervisor will meet with the employee to review the employee's performance and recommends to the CAO/Clerk whether to make employment permanent or not. 5. The Municipality or employee may end the employment relationship without notice, for any reason during the probationary period, unless the employment agreement or statute specifies otherwise. If the Municipality ends employment, it will pay the payment in lieu of notice as required by statute. 12 1�p,YHA,af ig Ap4rtanity[spa EMPLOYEE CLASSIFICATIONS 1. All employees of the Municipality will be classified into the following classifications. The employee's classification will be set out in their employment agreement. If an employee is uncertain about their employment classification, please contact their immediate Supervisor or CAO/Clerk. 2. Payroll: ➢ Hourly ➢ Salary 3. Employment: ➢ Permanent full-time is an employee whose regular scheduled work week is at least twenty-four (24) hours per week. ➢ Permanent part-time-is an employee whose regular scheduled work week is less than twenty-four (24) hours per week. ➢ Seasonal is an employee hired for a particular season with definite start and end dates. ➢ Casual is an employee that is called in on an as needed basis. ➢ Student is an employee who is currently enrolled in a recognized educational institution. A student may work on a part-time or seasonal basis. ➢ Contract is an employee who is hired for a specific project for a specified length of time. ➢ On leave (inactive) is an employee who is still in the employment of Municipality, may be receiving benefits but is not working and not being paid. ➢ Probation is an employee who has not completed their probationary period. PERFORMANCE EVALUATIONS 1. The Municipality is committed to providing full and part time employees with feedback and development opportunities on job performance goals and objectives. 2. The employee's manager will evaluate the employee's job performance prior to completion of the probationary period and annually thereafter in the designated month. 3. The purpose of the Performance Evaluations is to: ➢ Establish whether a probationary employee meets the performance standards required to successfully complete his/her probation; 13 1�p,YHA,af ig Ap4rtanity[spa ➢ Focus maximum attention on the achievement of the employees assigned duties as listed in their job description; ➢ Create a tool that enables the employees manager to accurately assess the employees strengths and weaknesses and relate these assessments to current and future needs; ➢ Challenge the employee to continually improve their performance and personal effectiveness; ➢ Involve the employee in planning and implementation of their job related goals and objectives; and, ➢ Objectively relate placement on the approved salary grid to performance. 4. Performance evaluations are retained in the employee file and available upon request. CONFIDENTIALITY 1. The Municipality operates as a municipal government in Elgin County. Employees may have access to or become familiar with confidential Municipal information, by reason of their employment with the Municipality. 2. Confidential information may include, but is not limited to: compensation data, personal employee information, taxpayer and user accounts, collection rolls, contracts, drawings, sources of supply, pricing, financial information, land purchases and sale, etc. If an employee is uncertain as to what information is confidential and what is not, the employee will discuss with their manager or CAO/Clerk. 3. All employees of the municipality, as a condition of employment, will ensure that municipal information pertaining to clients, employees or other municipal business that may be acquired in connection to their employment with the municipality is held in strict confidence, during and subsequent to the employee's employment with the municipality. 4. All municipal employees must sign a Confidentiality Agreement as a condition of initial and continuing employment to ensure the security and protection confidentiality of municipal records and information. 5. Employees may share confidential information with each other, if entitled to, only in a private area of the workplace, and only when that information is required for the effective delivery of programs or services. 14 1�p,YHA,af ig Ap4rtanity[spa 6. Employees are not to disclose or discuss such confidential information in public places or with members of their families. 7. Employees are prohibited, unless authorized, from removing temporarily or permanently, any confidential information stored in any form, including files, documents, tapes, computer disks and digital and electronic data or other media from any Municipal premises. PRIVACY, PERSONAL INFORMATION & PERSONAL RECORDS 1. The Municipality is committed to protecting the privacy and confidentiality of the personal information of its' employees, customers, and other stakeholders. This policy outlines the rules for collecting and preserving the personal information of all stakeholders. 2. All employees are expected to keep their own personal information confidential. 3. All Municipal personnel that are authorized to collect and store personal information and records of employees, customers, and other stakeholders, are accountable to ensure the personal and private information, to which they may have access, remains confidential and is only used for the purpose collected; is not disclosed without proper authorization, or used for personal gain. Employees who disclose personal information, contrary to this policy, will be subject to discipline. 4. The CAO/Clerk and Treasurer are accountable to obtain proper written consents before releasing any personal information of employees. 5. The CAOICIerk is responsible for the Municipal compliance with the applicable privacy statutes, including MFIPPA. The CAOICIerk will ensure there are systems and training in place, to safeguard personal information of all employees, customers, and other stakeholders. 6. During the course of employment with the Municipality, employees will be required to provide various private and personal information (such as date of birth, SIN, home address, etc.)to designated Municipality personnel. In addition, during the course of employment, various others documents (such as performance reviews, discipline, medical information, etc.) will be generated, in order for the Municipality to properly administer employment, payroll and benefits, in accordance with employment laws and Municipality policies. 15 1�p,YHA,af ig Ap4rtanity[spa 7. The Municipality maintains one central personnel file for each employee containing all the above information. 8. If your personal contact information or personal situation changes (example: marital status or children), it is important for you to inform the Treasurer immediately. This is especially true if you are on any leave. 9. All employee personal information will be kept confidential and used only for employment, payroll, and benefits purposes. 10. At termination, personnel files are maintained for seven years and then disposed of in a secure manner. 11. After termination of employment, reference requests from third parties, related to an employee's employment at the Municipality, will only be answered with written authorization from the employee. 12. An employee may review their personnel file by making an appointment with the CAO/Clerk. CONFLICT OF INTEREST 1. Employees of the Municipality are expected to conduct themselves with personal integrity, ethics, honesty and diligence in performing their duties for the Municipality. Employees are required to support and advance the interests of the Municipality and avoid placing themselves in situations where their personal interests actually or potentially conflict with the interests of the Municipality. 2. A conflict of interest refers to a situation in which private interests or personal considerations may affect an employee's judgement in acting in the best interest of the Municipality. It includes using an employee's position, confidential information or municipal time, material or facilities for private gain or advancement or the expectations of private gain or advancement. A conflict may occur when an interest benefits any member of the employee's family, friends or business associates. 3. Employees who knowingly have financial interests in a Municipality contract, sale or other business transaction, or have family members, friends or business associates with 16 1�p,YHA,af ig Ap4rtanity[spa such interests, must not represent or advise the municipality in such transactions, or benefit from such conflict. 4. Employees are responsible to determine if their personal or family business or property interest may be in conflict with the business of the Municipality. If the employee realizes there is a potential for conflict of interest, the employee should immediately notify, in writing to their supervisor and/or the CAO/Clerk. The employee should do whatever they can to either remove themselves from the interest or from the decision-making process relative to the interest. HIRING OF RELATIVES 5. The Municipality if committed to avoiding any potential conflict of interest that may arise when relatives are in a reporting relationship in the workplace. Relatives of persons currently employed at the Municipality, or relatives of a member of Council or a local board, may be hired only if they will be employed in a position that does not directly report to or supervise the relative. The employee will not be able to be transferred into such a reporting relationship with a relative. 6. For purpose of this policy, a relative is defined as: ➢ Spouse ➢ Common-law spouse ➢ Child/Step-Child ➢ Daughter-in-law ➢ Brother-in-law ➢ Sister-in-law ➢ Mother-in-law ➢ Father-in-law ➢ Common-law ➢ Spouse's mother/father ➢ Spouse's Common-law mother/father ➢ Spouse's Grandparents ➢ Spouse's Aunt/Uncle 7. All employees are required to report relationships to the Municipality that would make them in violation of this policy. If the relationship is found to have been deliberately concealed from the Municipality at the time the relative is hired, or thereafter, the Municipality may make immediate changes to the reporting relationship and both parties may be subject to disciplinary actions, up to and including termination. If the relative relationship is established after employment, the individuals concerned will decide who 17 1�p,YHA,af ig Ap4rtanity[spa is to be transferred. If the decision is not made within thirty (30) calendar days, management will decide. OUTSIDE EMPLOYMENT 8. Employees shall not engage in any outside employment or business dealings that interfere with the performance of their regular duties, or from which they might derive personal benefit or gain by virtue of their employment with the Municipality. 9. An employee may hold a job with another organization as long as he/she satisfactorily performs his/her job responsibilities with the Municipality. If the Municipality determines that employee's outside work interferes with performance or the ability to meet the requirements of the Municipality as they are modified from time-to-time, the employee may be asked to terminate outside employment if he/she wishes to remain with the Municipality. 10. If someone other than the employee reports the interest, the supervisor will investigate it immediately. The employee in question will be immediately removed from the decision- making that involves the interest. 11. When an employee reports a conflict of interest to his/her supervisor, it should be in writing. The supervisor will share the conflict of interest with the CAO/Clerk. If the employee alleges wrongdoing on the part of the Municipality or its Council members, officers, employees, agents or contractors, he/she should report this in writing directly to the CAO/Clerk. PARTICIPATION ON COMMITTEES 1. The Municipality supports employees participation on internal and external committees for the mutual benefit of the Municipality and the employees, provided their supervisor is in agreement, and there are no conflicts that may arise including work demands and/or conflicts with the interests of the municipality. INTERNAL COMMITTEES 2. The Municipality encourages employees to sit on internal committees. Employees are required to discuss membership on an internal committee with their supervisor prior to acceptance, to identify any conflicts that may arise which may involve workload issues and scheduling conflicts between committee meetings and work demands. 18 1�p,YHA,af ig Ap4rtanity[spa EXTERNAL COMMITTEES 3. Employees may also receive invitations to serve on external committees, agencies, boards, etc. If an employee anticipates that scheduling conflicts might arise with their job responsibilities, the employee should discuss with their supervisor. POLITICAL ACTIVITY 4. Employees should refrain from direct involvement in a local government political campaign in the Municipality. Employees may be involved in provincial, federal or other local Municipal campaigns as long as this involvement does not affect the objectivity with which they must discharge their duties. PROGRESSIVE AND CORRECTIVE DISCIPLINE 1. The Municipality recognizes that in every organization, discipline is necessary in order to maintain a working environment in which employees willingly and promptly perform their responsibilities and abide by the standards of conduct and other human resource policies. The Municipality may use progressive discipline at its discretion, to alter unacceptable employee behaviour to conform to acceptable work standards. The goals are: ➢ To provide employees with advance warning that certain actions and/or behaviours are inappropriate and that a positive change is necessary; ➢ To ensure fair and consistent corrective action for all employees; ➢ To provide written documentation of behavioural or performance issues and the corresponding action that was taken; ➢ To inform the employees of consequences of unacceptable behaviour before it happens; ➢ It is expected that the need for disciplinary action will be minimal. 2. Purging of the employees record of discipline after 24 months providing the employee has not had any further disciplinary actions during that period, with the exception of incidences related to workplace violence and harassment. 3. The nature of the circumstance will dictate the level of disciplinary action take and with the discretion of the Manager and/or CAO/Clerk. Disciplinary action may include all or any combination of the following, and is not limited to: ➢ Informal Discussion: Casual, private discussion between the Supervisor and the employee will result when specific deficiencies in work conduct are noticed. The 19 1�p,YHA,af ig Ap4rtanity[spa majority of problems are corrected this way and do not recur. This discussion may or may not be documented depending on the seriousness of the deficiency. ➢ Final Verbal Warning: An employee who fails to correct a problem that was discussed informally will receive a verbal warning. This is a serious warning directing the employee to improve the specified problems immediately. It involves a formal discussion in a private area. The Supervisor will outline what the issues are and exactly what must be done to correct them. An action plan of improvement and assistance will be jointly created. The Supervisor will document the discussion, and both parties will sign at the end of the discussion. A copy will be placed in the employee's personnel file and the employee will receive a copy. ➢ First Written Warning: If a subsequent violation occurs, the Supervisor will issue a formal written warning with a copy to the employee's file. The employee and Supervisor will meet in a private area to revisit the problem and/or issue, set specific written goals, deadlines and discuss assistance required for immediate improvement. A record of the meeting is prepared which both the Supervisor and employee sign. One copy is given to the employee and one goes to the employee's personnel file. ➢ Second Written Warning: The CAO/Clerk is consulted prior to the commencement of this step. A meeting and documentation is completed once again as above, and both parties sign the documentation from the meeting. Included in the second written warning is the possibility of suspension from work with or without pay. ➢ Final Written Notice: Written notice of termination of employment is given to the employee and the employment is terminated. This step requires the written approval of the CAO/Clerk. CONFLICT/PROBLEM RESOLUTION 1. The Municipality is committed to providing a workplace free of conflict, where employees are treated with fairness, dignity and respect. This policy is to provide employees with an outlet to raise concerns regarding any conflict in the workplace or dissatisfaction with respect to issues related to their employment in an open and fair manner with provisions made to ensure their prompt and reasonable resolution. Under no circumstance should any employee fear discrimination or reprisal in the workplace as a result of the filing of a complaint. 20 V,XYHAA,l �Ap�rtaa ty is i 5 2. The following conflicts should be reported, and the Municipality shall strive to address them with reasonable resolutions. Note, reports of discrimination, harassment or violence must be addressed through the Workplace Violence and Harassment Procedure. Disputes with co-workers or managerial employees with unwanted and unresolved consequences. ➢ Perceived unfair or inequitable treatment. ➢ Abuse of authority. ➢ Administration of municipal policies. 3. If a situation occurs when an employee believes that a condition of employment or a decision affecting them is unjust or inequitable, they can express their concerns through the problem resolution procedure, using the following steps. ➢ Employees are encouraged to discuss unwanted behaviour or actions with the offending party, and in an ideal situation, the two parties will reach a reasonable resolution. In the event the discussion is not possible or the parties fail to reach a reasonable resolution, a formal complaint can be filed. Formal complaints must be submitted within 14 days from the date of the alleged incident(s). The employee presents the details of the issue in writing to the immediate supervisor. In a situation where the immediate supervisor would be inappropriate the employee may present the issue to the CAO/Clerk. The employee should record the details including the unwanted circumstance(s), names of witnesses, and attempts to resolve the issue. Supervisor will review and investigate the complaint, including speaking with parties involved and witnesses. Supervisor will facilitate a reasonable resolution, communicate and document. If the employee feels the claim remains unresolved, a formal complaint may be made to CAO/Clerk. The CAO/Clerk will review and investigate the concern and attempt to resolve. An employee may present the issue to the Mayor for issues pertaining to the CAO/Clerk. 4. In the event that a complaint is substantiated and a reasonable solution to halt the unwanted behavior or action through mediation is not possible, the following actions shall be taken for the offending party: ➢ Written warning/reprimand. 21 1�p,YHA,af ig Ap4rtanity[spa ➢ Transfer or demotion, and in some instances both a transfer and a demotion. ➢ Education and training. ➢ Suspension. ➢ Termination of Employment. 5. In the event that a complaint is not substantiated due to lack of evidence or other reasons, both parties shall be informed with the rationale used. This does not necessarily mean that it was filed under false or frivolous pretences. A complainant may request that the investigation be re-opened in the event that pertinent new evidence can be provided, or a reprisal due to the allegation has occurred. 6. The municipality will keep all formal complaints, accompanying documentation and findings of any investigation on file. 7. Employees should be cognizant of the fact that a formal complaint against another employee is a serious allegation with repercussions. 8. Where a complaint is found to be either false or frivolous, or where supporting documentation for a complaint has been falsified, the complainant or witness may be subject to disciplinary measures up to and including termination of employment. GIFTS, GRATUITIES AND MONETARY BENEFITS 1. No employee shall solicit or accept any gift or accept or receive a fee, advance, cash or personal benefit that is directly or indirectly connected with the performance of his or her duties of employment. For the purposes of this provision any gift provided to an Employee's child, parent or spouse with the Employee's knowledge shall be deemed to be a gift accepted by that Employee; 2. The Municipality recognizes that moderate hospitality and participation in charitable non- profit fundraising and business events is an accepted facet of community participation and business relationships. Accordingly, the following types of gifts are recognized as exceptions to the prohibition in Section 1: a) gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibilities of employment; b) token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee for speaking at an event or representing the Municipality at an event; 22 1�p,YHA,af ig Ap4rtanity[spa c) food and beverages consumed at lunches, dinners, charity fundraisers, banquets receptions, ceremonies or similar events if the Employee's attendance serves a legitimate municipal purpose; d) communications to the Municipality including subscriptions to newspapers and periodicals; e) compensation authorized by law; f) services provided without compensation by persons volunteering their time; g) gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies, cultural events, sporting events, business galas, political events and similar events if the Employee's attendance serves a legitimate municipal purpose; 3. Within 30 days of receipt of any gift described in Section 2, Employees shall file a written disclosure statement with the CAOICIerk (or with the Mayor for the CAOICIerk) for any gift that exceeds $200 in value. Every disclosure statement shall indicate: (i) the nature of the gift; (ii) its source and date of receipt; (iii) the circumstances under which it was received; and (iv) its estimated value. 4. Every disclosure statement to the CAOICIerk or Mayor for the CAOICIerk shall be a matter of public record. 5. The CAOICIerk or Mayor shall report to Council annually on all gifts received by Members that are disclosed in accordance with Section 2, if any. 6. The CAOICIerk or Mayor shall examine every disclosure statement filed with him or her to ascertain whether the receipt of the gift might in her or his opinion create a conflict between a private interest and the public duties of the Employee. 7. If the CAOICIerk or Mayor makes a preliminary determination of a conflict the Member shall be asked to justify receipt of the gift 8. If the CAOICIerk or Mayor determines that receipt of the gift was prohibited the CAOICIerk or Mayor will issue discipline through the Progressive & Corrective Discipline process. DISCRIMINATION AND HARASSMENT IN THE WORKPLACE 1. Every employee of the Municipality has the right to receive fair treatment and to work in an environment that is free from discrimination and harassment. The Municipality is 23 1�p,YHA,af ig Ap4rtanity[spa committed to providing a workplace free of discrimination and harassment in which all employees can be treated with dignity and respect. This policy will be reviewed as necessary, and at least on an annual basis. 2. The Municipality conducts business and treats all employees in accordance with all applicable Human Right's legislation. The Municipality does not condone and does not tolerate harassment of any kind. 3. Employees shall not be harassed or discriminated against by the employer, by anyone acting as an agent for the employer or by another employee because of race, ancestry, place of origin, ethnic origin, citizenship, religion, creed, colour, sex, sexual orientation, age, record of offences for which a pardon has been granted, family status, handicap or any other grounds prohibited under the Ontario Human Rights Cod. Harassment undermines an individual's self-respect and adversely affects work performance and well-being. 4. Supervisors, who do not exercise their responsibility to prevent or discourage harassment of or by their employees, are considered to be as guilty of violating this policy as if they had committed the harassment. Therefore, any supervisor who willfully disregards a report of harassment of/by his/her employees may be subject to discipline up to and including dismissal. WORKPLACE HARASSMENT 5. "Workplace harassment" means different things to different people and may be influenced by cultural, religious background, and/or geographical location. Workplace harassment means engaging in a course of vexatious comment or conduct against an employee in a workplace that is known or ought reasonably to be known to be unwelcome. Workplace harassment may include conduct which is offensive, embarrassing, or humiliating to others, and may further include visual representation, electronic messages, written messages, verbal and/or physical conduct. Unwelcoming behaviours may create hostile work environment. SEXUAL HARASSMENT 6. Sexual harassment is a specific form of harassment. It may include behaviours that are not necessarily sexual in nature, but relate to the person's gender and demeans, belittles or causes personal embarrassment to the recipient. These behaviours are known or ought reasonably to be known to be unwelcome. 24 1�p,YHA,af ig Ap4rtanity[spa 7. Examples of sexual harassment and inappropriate gender-related behaviour include, but are not limited to, comments, gestures and non-verbal behaviour, visual materials and physical contact. Comments made or actions taken may not be intended to offend another person. However, intent is not a prerequisite to establishing that behaviour is discriminatory. ABUSE OF AUTHORITY 8. Abuse of authority means an individual's use of power and authority inherent in the position held in a manner which serves no legitimate work purpose and which ought reasonably to be known to be inappropriate. It includes misuses of power that are intimidating, coercive or demeaning. The legitimate and proper exercise of employer's right to supervise or manage (for example, performance reviews, work evaluations and disciplinary measures taken for any valid reason) does not constitute harassment under this policy. PSYCHOLOGICAL HARASSMENT 9. Psychological harassment is bullying or humiliating behaviour that has the following components: ➢ Generally repetitive, although a single serious incident of such behaviour may constitute psychological harassment if it undermines the recipient's psychological or physical integrity and has a lasting harmful effect, ➢ Hostile, abusive or inappropriate, ➢ Affects the recipient's dignity or psychological integrity, ➢ Results in a poisoned work environment 10. Not all conflict at work constitutes bullying or psychological harassment and it should not be confused with legitimate management actions or normal human conflict. WORKPLACE HARASSMENT DOES NOT INCLUDE 11. Appropriate direction, evaluation or discipline by a manager or supervisor; Stress associated with the performance of job duties; ➢ Friendly teasing or bantering that is mutually acceptable; and ➢ Friendly or romantic behavior that is welcome and mutual. DISCRIMINATION 12. There are three ways in which a person might suffer discrimination: 25 �p,YHA� ig Ap4rtanity[spa ➢ Directly: where a person treats another person unequally or differently because he/she is a member of a group of persons who are identified by a prohibited grounds under the Human Rights Code. ➢ Indirectly: where a person causes another person to act on his/her behalf and discriminates against a person because of his/her membership in a group of persons who are identified by a prohibited ground under the Human Rights Code. ➢ Constructively: where a neutral requirement, qualifications or factor has an adverse impact on members of a group of persons who are identified by a prohibited ground of discrimination under the Human Rights code. EXCEPTIONS 13. The legitimate and proper exercise of the employer's right to supervise or manage (for example, performance reviews, work evaluations and disciplinary measures taken for any valid reason) does not constitute harassment under this policy. 14. Hiring, performance/salary reviews, discipline, transfer, promotion, termination and other career decisions must be based solely on work criteria. WHAT DO I DO IF I AM EXPERIENCING DISCRIMINATION OR HARASSMENT IN THE WORKPLACE? 15. An employee who believes he/she is being harassed should: ➢ Make it known that the action is unwelcome and will be reported unless it is stopped immediately. ➢ Keep a written record of dates, times, and nature of behaviour and witnesses, if any. ➢ If the harassment continues, speak to an uninvolved supervisor and confirm the complaint in writing to the uninvolved supervisor and/or CAO/Clerk. ➢ Employees should note that failure to keep a diary of the event may invalidate the complaint but a record will, however, reinforce it. INVESTIGATION PROCEDURE 16. Management has the responsibility to respond immediately to complaints of harassment in accordance with the following steps: ➢ Inform the complainant that an investigation is being conducted, ➢ Interview both parties as soon as possible, ➢ Interview any witnesses, 26 1�p,YHA,af ig Ap4rtanity[spa ➢ Interview past and present employees, if necessary, to determine if harassment has occurred, ➢ Warn all parties that all interviews and information must be kept confidential, ➢ Consult the Human Rights Commission, if necessary, before responding to the complaint, ➢ Render the decision and discuss the findings with the alleged harasser. DISCIPLINE 17. If the allegations are found to have substance, then management may determine the appropriate level of discipline, up to an including immediate termination of the harasser. If the allegations are found not to have substance, the investigator will maintain a confidential file on the allegations in the CAO/Clerk office. The complainant will assured that there will be no recrimination because of complaint. WHAT TO DO IF YOU ARE ACCUSED OF HARASSMENT OR DISCRIMINATION? 18. If you are at fault, immediately cease the behaviour that the complainant finds offensive and apologize to the complainant. Failure to cease this behaviour will leave you vulnerable to a formal complaint and to discretionary action up to and including dismissal if the complaint is substantiated. 19. If you believe that the complaint is unfounded and/or made in bad faith, discuss the matter with your supervisor. 20. If you are named as the harasser in a complaint, the investigative procedure for such complaints is a comprehensive one and will involve your supervisor and other parties as deemed necessary. 21. If any event, document your version of the alleged incident, including times, place and witnesses. VIOLENCE IN THE WORKPLACE 1. The management of the Municipality is committed to prevention of workplace violence and is ultimately responsible for worker health and safety. The Management will take whatever steps are reasonable to protect workers of the Municipality from workplace violence. 27 1�p,YHA,af ig Ap4rtanity[spa 2. This policy applies to all activities that occur while on Municipal premises or while engaging in work-related activities or social events. Any act of violence committed by or against any member of the workplace or member of the public is unacceptable conduct that will not be tolerated. Everyone is expected to uphold this policy and to work together to prevent workplace violence. WORKPLACE VIOLENCE 3. "Workplace violence" is defined as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. It also includes an: ➢ attempt to exercise physical force against a worker in a workplace, that could cause injury to the worker; and a ➢ statement or behaviour that a worker could reasonably interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. 4. The following list of behaviours, while not exhaustive, provides examples of conduct that is prohibited: a. Threatening behaviour—shaking fists, destroying property, or throwing objects b. Property damage —theft, destroying property, vandalism, sabotage of equipment, or arson c. Verbal or written threats—any expression of intent to inflict harm d. Bullying and intimidation e. Verbal abuse —swearing, insults or threatening language f. Psychological trauma— includes stalking g. Physical attacks or assaults — hitting, shoving, pushing or kicking h. Murder i. Sexual Assault 5. Workplace violence can occur at off-site municipal business-related functions, at social events related to work, or away from work but resulting from work, e.g.: a threatening telephone call to an employee's home from a member of the public. Any individual who assaults a staff member is liable to be charged under the Criminal Code of Canada and the staff who has been a victim of such violence has the right to bring charges against the aggressor. All staff is entitled to the support outlined in this policy whether or not charges are pursued. 28 1�p,YHA,af ig Ap4rtanity[spa WORKPLACE 6. The workplace includes all locations where business or social activities of the Municipality are conducted. Violence in the workplace may also include incidents that happen away from work (e.g., unwelcome phone calls or visits to a person's home) if it is connected to the victim's employment with the Municipality. DOMESTIC VIOLENCE 7. The term "domestic violence" refers to a broad range of behaviours that may be perpetrated by one person against his or her partner with the aim of securing and maintaining control, power, and/or domination over the partner. Such behaviours include, but are not limited to, coercive physical, psychological, sexual, economic and/or emotional abuse and threats. REPORTING OF VIOLENCE 8. To ensure early identification and prevention of violence in the workplace, all staff are responsible for reporting to their immediate supervisor any incident committed by another staff member, volunteer, co-op placement, student, agents of the Municipality, consultants, and contractors, or a member of the public of Council, that constitutes a potential or actual threat of violence towards a staff member, especially if one or more of the following factors is known to be present or to have occurred (the list is not exhaustive): a. Threatening statements to do harm to self or others b. References to other incidents of violence c. Intimidating behaviour such as insubordination, open defiance, pestering or confrontational behaviour d. History of violent, reckless, or anti-social behaviour e. Recent marked decline in performance f. Major change in personality, mood, behaviour, or standards of personal grooming g. Obsessions with persons or things, particularly weapons h. Experiencing what appears to be serious stress in personal life i. Substance abuse Such reports may be made confidentially at the staff's request, with the exception of steps taken to ensure the safety of others and the prevention of recurrence. For example, confidentially may not be assured where it becomes necessary for the Municipality to file a police report. If you are the victim of, or are a witness to, a violent incident in the workplace, contact your immediate supervisor, or dial 911. 29 1�p,YHA,af ig Ap4rtanity[spa 9. The Municipality will ensure that this policy is implemented and maintained, and that all workers and supervisors have the appropriate information and instruction to protect them from violence in the workplace. 10. Supervisors are responsible for ensuring that measures and procedures are followed by workers and that workers have the information that they need to protect themselves. 11. All workers are encouraged to raise any concerns about workplace violence and to immediately report any violent incidents or threats to your supervisor or another member of management. There shall be no reprisal against individual who, in good faith, reports an incident of violence or participates in an investigation. 12. No employee or any other individual affiliated with the Municipality shall subject any other person to workplace violence or allow or create conditions that support workplace violence. An employee that subjects another employee, client, or other person to workplace violence may be subject to disciplinary action up to and including termination. 13. Management pledges to investigate and deal with all incidents and complaints of workplace violence in a timely and fair manner, respecting the privacy of all concerned. REPORTING PROCESS 14. Obligation to Report Employees are to report a situation that he/she believes is workplace violence under this Program. A report may be made by the actual victim of alleged workplace violence; by a co-worker who witnessed the incident(s); or by a third party reporting on behalf of the victim(s). Employees who, with an honest and good faith belief, provide information about behaviour or actions which they perceive as threatening or potentially violent will not be subject to disciplinary or other form of reprisal if their perceptions are not substantiated. However, if it is learned that an employee intentionally made a false report or provided false information regarding the report, disciplinary action up to and including termination may be taken against that employee. 15. How to Make a Report A report should normally be made as soon as possible after the relevant action or behaviour occurred. Promptness in reporting protects the safety of all employees, as well as the rights of both the person making the report and who is the subject of a report. Although an employee may choose to make a verbal report, it is in the best interest of all concerned to provide a written report, which should contain a brief account of the incident, when it occurred, the person(s) involved and the names of witnesses, if any. The report 30 1�p,YHA,af ig Ap4rtanity[spa should be signed and dated. An employee making a verbal report may be required to provide their report in writing. A report under this Program may be submitted to the supervisor, manager, department head of either the employee who made, or is the subject of, a report, or CAO. If the report is submitted to the supervisor or manager, it shall be referred directly to the department head and CAO within two (2) working days of receipt. CAO will investigate, or assign another senior manager trained in workplace violence investigations to investigate the situation and to report back with recommendations, or retain an external investigator. 16. Investigation To the extent possible, the investigator shall ensure that the incident is investigated promptly and fairly, in a discreet and confidential manner so as to minimize embarrassment to all parties. The identity of the complainant will be kept confidential to the extent possible during the investigation process As soon as is reasonably practicable, the person assigned shall initiate the investigation by meeting with the individual who made the report. The individual may be accompanied by another employee of his/her choice in any meeting with the investigator. The investigator shall confirm receipt of the report, clarify details, and apprise the individual of the steps that will be taken. The Investigator will also make all appropriate inquiries of the alleged victim and/or any witnesses to determine the nature and severity of the incidents alleged. After speaking with the applicable department head or designate, the investigator has the authority, subject to applicable laws, to talk with anyone, examine any documents, and enter any work locations that are relevant to the reported incident. If Police Services request that the Municipality delay its investigation pending the completion of a police investigation, the investigator will cease his or her investigation until CAO approves of its continuation. An employee who is the subject of a report and who refuses to discuss potentially violent behaviour or cooperate in attempts to assess or defuse the risk of workplace violence may, if information is uncovered through fact-finding to establish a reasonable possibility of risk, be suspended without pay and benefits until he/she agrees to cooperate and provides proof of cooperation. Refusal to co-operate may result in dismissal if the employee has received written notice to that effect and has been given a reasonable opportunity to cooperate. Interventions that may form part of a risk assessment or plan of action for an employee who is the subject of a report or investigation may include referral to the employee's physician, use of short-term disability plan or temporary leave of absence, referral to counseling and other services, fitness-for-duty evaluation and other appropriate interventions. More serious situations may warrant suspension, obtaining appropriate court orders, and/or police involvement. 31 1�p,YHA,af ig Ap4rtanity[spa Depending upon the circumstances, the department head or CAO may determine that it is appropriate to physically and/or operationally separate the employee who made, and the employee who is the subject of the report, until the investigation has been completed. In more serious situations, the Municipality may suspend the employee who is the subject of the report pending the investigation. 17. Findings and Recommendations Once the investigation is complete, the investigator will submit a confidential written document to CAO. The document will summarize the investigator's findings and conclusions and will recommend corrective action if appropriate. A conclusion about whether a specific incident of workplace violence did or did not occur should be based upon the balance of probabilities. If the findings do not support the initial report, the investigator will recommend that no further action is necessary and that the matter be closed. However, if the findings do support the initial report, the investigator will recommend measures to correct the situation. The Chief Administrative Officer will review the investigator's findings, conclusions, and recommendations, as well as any comments received in relation to it before making a final decision. In cases likely to result in suspension or termination from employment and/or where the respondent has been the subject of several reports, the Chief Administrative Officer may approve, change or reject any of the investigator's recommendations. 18. Discipline In responding to the threat or incident of violence, actions that warrant consideration may include changes to the physical work space, changes to work schedules and/or patterns, changes to procedures to offer better support and protection, withdrawal of services, police intervention and the use of appropriate court orders. Employees who are found to be at risk of engaging in violent conduct or who have engaged in violent conduct may be subject to discipline up to and including suspension and/or dismissal if warranted. Employees who engage in repeat violent behaviour after a first incident is reported may be subject to immediate dismissal or suspension pending the development of an appropriate plan of action. Employees who engage in serious violent behaviour may be subject to immediate dismissal for a first incident. The appropriate disciplinary action imposed, if any, shall be determined by mutual agreement of CAO and the affected department head(s), based on the particular circumstances of the case. In accordance with the Municipality's disciplinary procedures, no employee shall be suspended without authorization of the applicable department head and no employee shall be discharged without authorization by the Chief Administrative Officer. 32 1�p,YHA,af ig Ap4rtanity[spa TRAUMA SUPPORT 19. Employees who have witnessed or experienced a traumatic event may need special support. Their special needs will be acknowledged and accommodated. The Chief Administrative Officer or designate, will coordinate any special assistance that may be required. NOTE: If the employee, who is the victim of the violent activity, does not wish to pursue the matter, then the wishes of the employee are respected, provided that doing so does not compromise the safety of other employees, or the client or premises of the Municipality. TECHNOLOGY AND CORPORATE PROPERTY 1. The Municipality establishes rules and procedures to ensure that appropriate use of its technology, equipment and supplies. Technology includes, but is not limited to, computers, internet, cell-phones, software, social media and email. TECHNOLOGY 2. It is important to the Municipality to enhance the productivity of authorized employees by providing appropriate access to technology. This policy is intended to provide guidance in the professional and responsible use of technology, including: ➢ To protect against irresponsible, unauthorized, and illegal activities. ➢ To ensure privacy, security, and reliability of all computer systems and information. 3. Employees have access to computers, email and internet and are accountable for its proper use. The systems are owned and maintained by the Municipality and are intended to be used for business purposes. Personal use is allowed in emergency situations and off working hours. Abuse of this policy may result in discipline and/or removal of related privileges, with the discretion of the CAO/Clerk. 4. Employees should not use a password, access a file, or retrieve any stored communication without authorization. Employees should not leave their computers unattended when they are logged on, to ensure confidentiality. 5. The Municipality prohibits the use of computers, email and internet in ways that are disruptive, offensive to others, or harmful to morale. The display or transmission of sexually explicit images, messages, and cartoons are not allowed. Other misuse includes, but is not limited to, ethnic, slurs, racial comments, colour jokes, or anything that may be construed as harassment and/or showing as being offensive/disrespected to others. 33 1�p,YHA,af ig Ap4rtanity[spa SOFTWARE LICENSING 6. Employees may only use softwares on the local area network or on multiple machines according to the software license agreement, unless otherwise approved by the CAO/Clerk. CORPORATE PROPERTY 7. Electronic devices (cell-phones, pagers, etc.), equipment, furniture, supplies, and other property of the Municipality have been acquired for the purpose of achieving municipal and program objectives. 8. The use of electronic devices for occasional personal use should not interfere with work- related activities, nor should the Municipality incur extra costs. Employees are to inform information technology (IT) representative when they will be out-of-county so that an appropriate plan can be implemented during that timeframe. In the event that IT is not informed, the individual shall be responsible for costs incurred as a result of not implementing the appropriate out-of-country plan. 9. The unauthorized use of corporate property, resources or premises, and the unauthorized removal or property from the Municipality's premises, without the prior approval of the supervisor, are subject to discipline up-to and including dismissal and may be subject to criminal charges. 10. No employee should have any expectation of privacy as to any use of the Municipality media and equipment. 11. Personal use of computer, internet, e-mail and other Municipal technology should be restricted to unpaid time. OWNERSHIP OF DATA AND SOFTWARE 12. All equipment and software programs, information and data installed and/or created on municipal equipment, belongs to the Municipality. This includes all programs, documents, emails, spreadsheets, databases, and methods of techniques, etc. developed using corporate equipment and/or software, while employed with the Municipality. 34 1�p,YHA,af ig Ap4rtanity[spa SOCIAL MEDIA 13. The Municipality may use social media (Twitter, Facebook, Instagram, Linkedln, etc.)from time-to-time to advertise for events, hiring purposes, etc. Employees should not misuse the use of social media. Personal use of social media may only be used during your own time and off working time. USE OF MUNICIPAL VEHICLES AND EQUIPMENT 1. Certain employees of the Municipality may be required operate various municipal vehicles and equipment in the course of their job. The Municipality is committed to the proper maintenance and safe driving of all vehicles and equipment used for municipal business. 2. When using municipal vehicles and equipment employees are expected to exercise care, perform required maintenance, and follow all operating instructions, traffic regulations, safety standards, and guidelines. Employees shall also notify the supervisor if any vehicle or equipment appears to be damaged, defective, or in need of repair. 3. The improper, carless, negligent, destructive, or unsafe use or operation of vehicles and/or equipment, as well as avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. If an employee receives a driving and/or parking violations in a municipal vehicle and/or during municipal time, it is not the responsibility of the Municipality. 4. Vehicles or equipment owned, leased, or rented by the Municipality may not be used for personal use without prior approval from the Supervisor. 5. Municipal vehicles are to be parked on Municipal premises when not in business use unless authorized to be parked offsite. 6. Employees operating municipal vehicles and/or equipment must be free of any influence of any substance, including alcohol, marihuana and illegal drugs which may cause impairment. Smoking is not allowed in any Municipal owned, leased, or rented vehicles and equipment.Violation of this rule may lead to progressive discipline, up to and including termination. DRIVER'S LICENSE 7. All employees driving for municipal business must possess a valid driver's license. If the employee's license is void or suspended, they may not operate a municipal vehicle and must report to the CAO/Clerk, as soon as reasonable possible. Drivers that work in a 35 1�p,YHA,af ig Ap4rtanity[spa position that requires them to drive to conduct their duties for their position, may be asked to generate an annual official Driver's Abstract. LAYOFF 1. At times the Municipality, due to change in strategic direction, loss of services, financial reasons, or other reasons, may have to reduce the workforce. 2. Where possible, the Municipality will attempt to avoid layoffs by relying on natural attrition. If attrition doesn't result in sufficient reduction in the work force, volunteers will be requested. The last resort is to select particular employees for layoff. 3. If layoffs are found to be necessary, the Municipality will implement in accordance to the Employment Standards Act (ESA). Layoffs are not considered an end to the employment contract. 4. Employees on temporary layoff may have regular benefits to which they are entitled to continue, as awarded by the Municipality's insurance provider. 5. Any unpaid accrued vacation pay will be paid out to employees with their final pay before the layoff. 6. If employees are laid off, they will be given as much notice as possible of the layoff and will receive a letter explaining all arrangements. Employees will not be paid during a layoff. 7. When an employee is given notice to return to work from layoff, the employee must return to work on the day they are requested to do so. If unable to comply, the employee is responsible to contact the CAO/Clerk so alternative arrangements can be made. TERMINATION 8. Terminations may arise from Involuntary Termination by the Municipality, Resignation, Retirement and Abandonment. The Municipality is committed to handle all terminations in good faith, in a fair and consistent manner, and in accordance with the Ontario Employment Standards Act, Ontario Human Rights Act and all other applicable statues with respect to terminations. 9. Employees who retire or resign from their employment with the Municipality may be requested to participate in an exit interview with CAO/Clerk. 10. Involuntary terminations require the review and written approval of CAO/Clerk. 36 1�p,YHA,af ig Ap4rtanity[spa 11. An employee who is released for disciplinary reasons (except for just cause) or inability to perform work duties will receive a warning, written or otherwise, over the Municipality's Progressive and Corrective Disciplinary policy, prior to involuntary termination proceedings being implemented. 12. Terminated employees agree to return all municipal property including all employee passwords and documents prior to their departure. RESIGNATION 13. All employees should give a minimum of two (2)weeks' notice (or longer where required by their employment contract) to the Municipality of their intent to terminate their employment. To facilitate replacement of any employee, the Municipality requires the longest amount of notice possible, particularly from more senior employees. 14. The Municipality recognizes that retirement is an individual choice to work until the normal retirement age, to retire early, or to postpone retirement. RETIREMENT 15. The Municipality does not have a mandatory retirement age. Based on satisfactory performance, employees may continue to work past the traditional retirement age of 65 unless prohibited by legislation. 16. The Municipal group insurance policies may change coverage based on age. See your group benefit and Ontario Municipal Employees Retirement System (OMERS) booklets for more information. 17. Employees considering retirement should inform their supervisor as soon as possible to discuss the process, and facilitate transition and succession planning. ABANDONMENT OF EMPLOYMENT 18. Employees resigning their position are required to give proper notice. In addition, employees who are absent unexpectedly from work are required to notify their Managers within a half hour of their scheduled shift start time, as to the reason of their absence. Employees who are absent from work for three (3) consecutive working days or more without notice, are deemed to have terminated their employment. 19. When an employee is absent without notice the Manager must take immediate steps to contact the employee. If attempts to reach the employee are unsuccessful, the Manager must consult immediately with the CAO/Clerk to assure that all appropriate procedures are followed. 20. The Municipality must notify the employee of the intent to termination employment in writing by registered mail. The letter may be sent on the second day of absence. 37 1�p,YHA,af ig Ap4rtanity[spa EMPLOYMENT VERIFICATION 1. Consistent with the Municipal Freedom of Information and Protection of Privacy Act, the Municipality will not disclose salary or employment information to a third party unless required to by legislation. 2. Employees requiring verification of their employment/salary is to contact payroll or their supervisor. Payroll or the supervisor will prepare written confirmation of employment/salary addressed to the employee for his/her release to any third party. Request for employment/salary verification should be fulfilled within two (2) working days. COUNCIL STAFF RELATIONS 1. Mutual respect and cooperation are required to achieve the Council's corporate goals and implement the Council's strategic priorities through the work of staff. 2. Employees have an obligation to recognize that members of Council have been duly elected to serve the residents of Bayham and respect the role of Council in directing the actions of the Municipality. CONDUCT INVESTIGATIONS 1. Informal Complaints Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2—Employee Conduct&Guidelines may address their concerns in the following manner: a) Advise the Employee that their behaviour or activity contravenes Section 2— Employee Conduct&Guidelines; b) Encourage the Employee to stop the prohibited behaviour or activity; c) If applicable, confirm to the Employee your satisfaction or dissatisfaction with his response to the concern identified; d) Keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. e) If not satisfied with the response received through the informal process, an individual may proceed with a formal written complaint through the CAOICIerk, or if the complaint is about the CAOICIerk through the Mayor. 38 1�p,YHA,af ig Ap4rtanity[spa 2. Formal Complaints Any individual who has identified or witnessed behaviour or activity by an Employee that appears to be in contravention of Section 2—Employee Conduct&Guidelines may address their concerns through the formal complaint process set out below. a) All formal complaints must be made using the Municipality's Complaints Form-Staff and shall be dated and signed by the complainant; b) The complaint must include an explanation as to why the issue raised may be a contravention of Section 2—Employee Conduct&Guidelines and any evidence in support of the allegation must be included with the Complaints Form/Affidavit; c) Any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; d) The Complaint Form/Affidavit must include the name of the Employee alleged to have breached Section 2 — Employee Conduct & Guidelines, the specific section of Section 2 — Employee Conduct & Guidelines allegedly contravened, the date, time and location of the alleged contravention and any other information as required on the Complaint Form/Affidavit; e) The complaint shall be filed with the CAOICIerk, or if the complaint is about the CAOICIerk through the Mayor who shall confirm that the information is complete as to a), b), c) and d) of this section. The CAOICIerk or Mayor will determine whether the matter is, on its face, a complaint with respect to non- compliance with Section 2— Employee Conduct&Guidelines, and not covered by other legislation or policies; and f) The CAOICIerk or Mayor may request additional information from the complainant. g) Corrective action or discipline, if any, will be determined by the CAOICIerk or Mayor in accordance with the Progressive Discipline policy and the decision of the CAOICIerk or Mayor shall be final. 39 SECTION THREE : PAY ADMINISTRATION AND BENEFITS 1�p,YHA,af ig Ap4rtanity[spa COMPENSATION PHILOSOPHY 1. The total compensation program for the Municipality consists of base salary, variable compensation (short-term incentives and supplementary pay), and benefits. The total compensation program is central to the Municipality's strategy to attract, engage, motivate and retain qualified employees through an internal equitable, non- discriminatory and externally competitive compensation program. 2. Compensation is structured to: ➢ Establish appropriate pay differentials between position levels to account for differences in scope of responsibilities. ➢ Reward performance as measured by the attainment of individual, department and corporate objectives. ➢ Recognize the acquisition of knowledge, skills and experience pertinent to the employee's position. 3. The Municipality is committed to providing employees with clear and open communication regarding compensation policies and practices, as well as performance feedback. The Municipality is also committed to complying with the Ontario Pay Equity Act and promotes the concept of equal pay for work of equal value. 4. The Municipality will perform a market check normally every four (4) years, which will include: ➢ The pay band grid will be compared to the market, ➢ Council will approve the comparators to be used, ➢ The median or fiftieth (50th)percentile of the job rate of the comparators will be used, ➢ The overall pay band grid may increase, decrease or remain the same as the result, ➢ No employee's pay will be reduced as a result of this exercise. However, individual pays may be frozen until the pay for their position catches up to their current pay. Employees in this situation will not be eligible for the annual pay adjustment until their pay is equal to or exceeds the job rate in their pay band, ➢ Council will approve the market check and implement the results. 41 1�p,YHA,af ig Ap4rtanity[spa PAY ADMINISTRATION 1. Salaries at the Municipality shall be determined in accordance with the Salary Schedule as approved and amended from time-to-time by Council. PROMOTIONS 2. A promotion shall be considered as a reassignment of duties to employees that would cause his/her new position to be paid in a higher salary classification than the previous position. All employees, upon promotion, shall receive payment of at least the minimum rate of the new position, expect in instances when an employee does not meet the full minimum requirements of the new position. In such cases, the CAO/Clerk will determine if a reclassification is necessary. In no case, shall an employee receive less than his/her current salary by promotion. 3. Subsequent increases in the new range will occur on the anniversary date (or establish date) of the transfer or promotion. DEMOTIONS 4. A demotion shall be considered as being a re-assignment of duties to an employee that causes the new position to be paid in a lower salary classification than the previous position. This may occur as a result of organizational changes, work shortages, inadequate performance and diminished employee capability or at the employee's request. 5. If an employee is permanently demoted or transferred to a position in a lower salary level, the compensation shall be held at the existing level until the step in the lower grade for the position reaches the existing salary through economic adjustments, with the discretion of the CAO/Clerk. The salary is increased subsequently when salary ranges are increase across the board as a result of economic adjustments that affect the whole salary system. 6. The Municipality understands and recognizes long and loyal service. Therefore, will try to minimize the financial impact of demotions to employees and will try to keep their current salary until the range of the lower salary range catches up across the board of economic adjustments that affect the whole salary system. 42 V,XYHAA,l �Ap�rtaa ty is i 5 TEMPORARY TRANSFERS 7. If the temporary transfer is to a position at a lower salary level, an employee may retain his/her current salary. "Temporary" can be a period of up to, but not exceeding, six (6) months. 8. If the temporary transfer is to a position at a higher salary level, "acting pay" may be provided in accordance with the Acting Pay policy. PROBATION AND PERFORMANCE EVALUATIONS 9. After successful completion of a probationary period with a satisfactory performance evaluation, salary adjustment may be awarded, unless otherwise decided by the CAO/Clerk for special circumstances. 10. Upon a successful completion of an annual performance evaluation, employees are eligible at this time to move upward on the salary grid from level to level, effective on the annual date set out by the CAO/Clerk and Council. Movement up the salary grade is done until job rate is reached. 11. If an employee's performance evaluation is unsatisfactory, the salary movement will be deferred until a follow-up evaluation can be made, normally within three (3) months. If the second evaluation demonstrates improvement, the merit increase adjustment in the pay band may be awarded, but may be withheld for three (3) months from the employee's start date in the position. ANNUAL ADJUSTMENT TO PAY BAND GRID 12. Each year on January 1 the entire pay band grid may move up by % using an established formula. 13. The formula to be used is the annual Stats Can Ontario CPI for the 12 months ended October 31 each year. 14. The job rate will increase by the annual adjustment and the other five steps calculated as a % of the job rate. 15. The annual adjustment pay band increase is not automatic each year. It depends on Municipality finances and affordability and is subject to annual Council approval through the Operating Budget. 43 1�p,YHA,af ig Ap4rtanity[spa 16. If the formula in a given year, results in a negative % the pay band grid will remain the same as the previous year. In the following year the negative % will be netted against a positive %. 17. If Council approves an annual adjustment through the Operating Budget, all staff with at least satisfactory performance will have their pay increase by the amount of the increase in their step NEW AND RECLASSIFICATIONS 18. When a new position is created, or duties of an existing position change sufficiently that a reclassification may be necessary, a new job description shall be written. The duties of the new or revised position shall be rated by the CAO/Clerk, using the job evaluation system. Based on this assessment, the position shall be placed in the appropriate salary grade. JOB EVALUATION SYSTEM 1. The Municipality utilizes a Job Evaluation System to determine the relative ranking of position within the Municipality by means of systematic and detailed analysis of job content. The Job Evaluation System provides for a salary administration plan designed to compensate employees in a manner which is equitable, ensures internal equity, and is in compliance with the Pay Equity Act. JOB EVALUATION 2. Job evaluation is tool that is used to help establish the relative worth of all jobs within the Municipality. It applies common factors that measure the worth of jobs so that fair and equitable salary ranges can be applied to them. The job evaluation tool helps with the establishment and maintenance of sound salary differentials between jobs. Job evaluation builds a foundation for consistent administration and maintenance of salary ranges. The CAO/Clerk is responsible for managing the Job Evaluation System. 3. Job evaluation reviews are generally initiated in response to: ➢ Department restructuring; ➢ New Positions; or ➢ Significant changes in duties, responsibilities or accountabilities of existing job that changes the scope of the job. It is applied to job requirements, not the capabilities of individuals. 44 1�p,YHA,af ig Ap4rtanity[spa 4. The Municipality is committed to reviewing the Job Evaluation System a minimum of once every five (5) years. ACTING PAY 1. The Municipality will provide acting pay to employees who are temporarily assigned to perform the majority of responsibilities, including the essential elements of a higher paying job classification, for more than the noted consecutive working days. The following may apply: 2. No change in wage will result if the assigned job classification is lower than the employee's current classification, unless mutually agreed upon. 3. Where the employee is assigned to perform the majority of the duties of the higher rated job classification, including the essential elements, the employee will be paid, at the minimum rate of the assigned pay band of the higher rated job classification provided the assignment is: ➢ Minimum ten (10) consecutive full working days in a manager assignment; or ➢ Minimum five (5) consecutive full working days in all other assignments. 4. Exception: ➢ Where such a change results in an increase of less than 5%, the employee shall receive ➢ the next higher wage rate in the pay band; and ➢ The employee's new wage rate may never exceed the maximum of the higher rated job classification. SUCCESSION PLANNING 5. Employees selected for career grooming and development for promotion to high rated job classification will be placed in a higher pay grade for a specified and a greed upon timeframe (i.e., 12 to 18 months). The higher pay grade will be determined based on the level of responsibility assumed during this period. 6. All temporary assignments and acting pay must have prior written approval from the CAO/Clerk. 45 1�p,YHA,af ig Ap4rtanity[spa PAYROLL ADMINISTRATION PAY DAY 1. Employees will be paid bi-weekly with the pay period beginning on Monday and ending on the second (2"d) Sunday following. Payment will be made by direct deposit to the employee's bank account on Friday. 2. Each employee will be provided a statement of gross earnings, vacation pay, and deductions for the payroll period. Pay stubs will be distributed by the Treasurer and will only be released to the employee. 3. In the event that 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. 4. Salaried employees shall be paid on the basis of their annual salary divided by the number of pays in each year. 5. A T4 will be distributed to employees and former employees with earnings for the previous year, on or before February 28th of each year. PAY ADVANCES 6. The Municipality does not provide pay advances on wages to employees. ERRORS IN PAY 7. In the event that there is an error in the amount of pay, employees should promptly bring the discrepancy to the attention of their manager. Any required corrections will be documented and an adjustment will appear on the employee's next pay stub. PAY DEDUCTIONS 8. The Municipality must make certain deductions from every employee's remunerations, including applicable Federal and Provincial income taxes, Employment Insurance, and Canada Pension, to the amounts stipulated by legislation. Membership of OMERS is mandatory for regular full-time employees, and the amounts as directed by the plan are deducted from each employee's pay. 46 1�p,YHA,af ig Ap4rtanity[spa 9. Where the Municipality offers programs and benefits beyond those required by law, Employees will sign a form at the start of their employment authorizing non-statutory deductions. PAY GARNISHMENTS 10. The law requires the Municipality to comply with court-ordered payments and wage garnishments when they are presented. Employees affected by wage garnishments or court-ordered payments will be notified by the Payroll Administrator of any charges against their wages. 11. No person acting on behalf of the Municipality may dismiss; threaten to dismiss; discipline or suspend; impose any penalty upon; or intimidate or coerce any employee because of a wage garnishment or court-ordered payment. BENEFITS STATUTORY BENEFITS 1. The Municipality pays the following benefits required by statute on behalf of all employees and Members of Council where required: ➢ Employer Health Tax (EHT) ➢ Employment Insurance (EI) ➢ Canada Pension Plan (CPP) ➢ Workplace Safety and Insurance Board (WSIB) MUNICIPAL BENEFITS 2. Permanent full time and part time employees are eligible to participate in the Municipality's group benefit plan, upon the successful completion of their probationary period, or as specified in their employment contract. 3. Municipal benefits currently provide the following, in accordance with plan booklets: ➢ Pension through Ontario Municipal Employees Retirement System (OMERS) ➢ Vision and Dental Coverage ➢ Extended Health Care ➢ Life Insurance ➢ Accidental Death & Dismemberment ➢ Short-Term Disability ➢ Long-Term Disability 47 1�p,YHA,af ig Ap4rtanity[spa 4. Please see the group benefit plan booklet for more information and details about benefits. New employees will be provided with a benefit booklet when they become eligible for benefits. Benefits may change from time-to-time, in which employees will be provided with reasonable notice of changes. EMPLOYEE ASSISTANCE PROGRAM 5. Permanent employees and dependents have access to the London Employee Assistance Consortium (LEAC). For more information please contact, 519-432-1821 or visit the website http://www.leaceap.ca/index.htm. PROFESSIONAL DEVELOPMENT & CONTINUING EDUCATION 1. The Municipality encourages the ongoing professional development and continuing education of employees, and provides financial assistance in accordance with this policy. MEMBERSHIP FEES 2. The Municipality may agree to reimburse employees for membership dues to professional associations required or directly related to job duties, at the CAO/Clerk's discretion and prior approval. SEMINARS, CONVENTIONS AND CONFERENCES 3. The Municipality shall offer the following assistance to employees attending approved seminars, conventions and/or conferences: ➢ Transportation expenses, including parking, of delegate to and from the seminar, convention and/or conference. If delegate drives his/her own vehicle, he/she shall paid at the mileage rate as set by Council. If the employee travels by train or plane, a receipt is required. ➢ All registration fees levied by the seminar, convention and/or conference. ➢ Employees must have prior written approval from the CAO/Clerk, for all other reasonable expenses otherwise the expense will not be reimbursed. 48 1�p,YHA,af ig Ap4rtanity[spa EDUCATIONAL ASSISTANCE 4. The Municipality may offer reimbursement of tuition fees to encourage employees who have completed their probationary period, to upgrade their education and/or skills by enrolling in part-time studies at recognized colleges or universities. 5. Reimbursement of educational costs is contingent upon submission of proof of the successful completion of each course. All courses must receive approval prior to commencement of the course. Employees will obtain approval from the CAO/Clerk. While educational assistance is expected to enhance employee's performance and professional abilities, the Municipality cannot guarantee that participation in formal education will entitle the employee to automatic advancement, a different job assignment, or pay increases. 6. If the employee leaves employment shortly after their studies are completed, the timelines and percent reimbursement required are as follows: Timelines % Reimbursement Within one year of completion of studies 100% Within two years of completion of studies 66% Within three years of completion of studies 33% After three years of completion of studies 0% LONG-TERM SERVICE AWARDS 1. The Municipality believes in recognizing long-term service commitment within the Municipality. The Municipality recognizes their hard work over the years of service by providing their employees with long term service awards. 2. The Municipality believes that with long-term service commitment of its regular/permanent employees, it provides benefits to the Municipality, including but not limited to: ➢ Retention of valued expertise; ➢ Organizational stability and lower turnover; ➢ Creation of a positive and supportive work environment; ➢ Identification of role models and the opportunity to encourage a sense of community and shared purpose. 3. All permanent Municipal employees, volunteers, and members of Municipal committees will be recognized with a service award at every five (5) year increments of service. The 49 1�p,YHA,af ig Ap4rtanity[spa initial hire date shall be used to determine length of service. In the event of a break in service, a new initial hire date shall be established on the date of re-employment, and previous service may not be counted. 50 SECTION FOUR : WORKING HOURS , ATTENDANCE AND LEAVES 1�p,YHA,af ig Ap4rtanity[spa HOURS OF WORK 1. The Municipality has designed hours of work to deliver services in the most efficient and effective manner. As such, the standard work week for departments may vary in accordance with the nature of work that is performed. HOURS OF WORK 2. The normal hours of work for full time office/clerical non-union employees will be 8:30 am to 4:30 pm, Monday to Friday inclusive. A normal working day shall consist of seven (7) working hours and a normal working week of Thirty-five (35) working hours. 3. The normal hours of work for"outside" non-union employees shall be: ➢ Roads Operations Supervisor 7:00am to 3:30pm Monday to Friday inclusive. ➢ Chief Building Official (CBO) 8:00 am to 4:30 pm Monday to Friday inclusive. ➢ Manager of Public Works 8:00 am to 4:30 pm Monday to Friday inclusive. 4. Other individual work schedules may be required for some positions. Such working schedules shall be communicated to those employees in writing or stated within the employee's employment contract. 5. Staffing needs and operational demands may require changes to regular work hours and requires prior approval from Supervisor. Employees are expected to be at work and ready to perform the duties of their job when their shift starts. If you are to be late, you must let your supervisor know within 30 minutes of their regular start time or as soon as possible. FLEXIBLE TIME 6. Flexible scheduling, or flextime, is available in some cases to allow employees to vary their starting and ending times each day within the Municipality's core hours, 8:30am to 4:30pm. Arrangements must be approved in writing by the supervisor and CAO/Clerk. Issues such as staffing needs, the employee's performance, quality of service and the nature of the job will be considered before approval of flextime. Employees should consult with their supervisor to request participation in the flextime program. Note, flextime is not time off in lieu of overtime. REST AND MEAL BREAKS 7. Rest and meal breaks are provided to employees in excess of the requirements under Employment Standards Act (ESA). In each working day, an employee shall be permitted at such times as may be designated by their supervisor, the following: 52 1�p,YHA,af ig Ap4rtanity[spa ➢ Two (2), fifteen (15) minute paid break, to betaken in the morning and the afternoon. ➢ One (1) unpaid meal break. 8. Office personnel must take a one (1) hour unpaid meal break, between 11:30 am and 2:00 pm, at a time agreed to by the manager. All breaks should be taken when adequate coverage is available within the department. Employees are not to use/work through breaks to shorten the workday. TIMESHEETS 9. Employees should accurately record all hours worked, including all vacation, public holidays, sick/personal time and overtime worked. All non-union employees shall sign and submit their timesheets to their supervisor by Monday, for approval. The supervisor shall review and initial the timesheet and submit to payroll by Monday for processing. ATTENDANCE AND PUNCTUALITY 10. It is expected that all employees report for work with enough time to be at their workstation and ready to work at shift starting time. Work activity should commence at starting times and continue until the normal designated stopping times for breaks, lunch, or the end of work. 11. Failure to report to work on time or patterns of lateness may result in progressive disciplinary action per the Municipalities Progressive and Corrective Discipline Policy. OVERTIME REGULAR EMPLOYEES 1. Non-management employees overtime worked over regular hours of work, will be paid at one and one half times the employee's rate of pay. 2. Only hours worked count towards the overtime threshold. Time on vacation, statutory holiday, leaves, etc., does not count towards overtime. 3. All overtime worked must have the prior approval from the employee's supervisor. 4. Employees may bank time to a maximum of eighty (80) hours per year of overtime. 53 V,XYHAA,l �Ap�rtaa ty is i 5 MANAGEMENT EMPLOYEES 5. As per the Employment Standards Act (ESA), Managers and Supervisors do not qualify for overtime pay if the work they do is managerial or supervisory and they perform non- supervisory or non-managerial tasks on an irregular or exceptional basis. 6. In recognition of additional hour's management employees may be required to work, the Municipality allows employees holding management and/or supervisory positions to bank up to one eighty (80) hours of paid straight time-off-in-lieu of overtime pay. The eighty hours is in addition to eligible vacation entitlement and paid holidays. If the manager doesn't use their banked overtime during the calendar year it will be forfeited and not eligible to be carried forward. 7. If an employee is uncertain as to whether they are classified as a manager and/or supervisor in accordance with this overtime policy, please speak with the CAO/Clerk. PAID PUBLIC HOLIDAYS 1. The Municipality recognizes twelve (12) days as public holidays and grants paid time off work on these days, subject to the conditions outlined below. Note, this includes the nine (9) days in accordance with the Employment Standards Act (ESA) and an additional three (3) days designated at this time as paid holidays by the Municipality. PAID HOLIDAYS 2. All employees are entitled to paid public holidays on each of the following: New Year's Day Civic Holiday Family Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day 3. To be eligible for public holiday pay, employees must work the last scheduled day immediately preceding and the first scheduled day immediately following the holiday. Salaried employees will continue to receive their regular pay while off on a public holiday. 54 1�p,YHA,af ig Ap4rtanity[spa 4. A recognized holiday that falls on a Saturday may be observed on the preceding Friday. A recognized holiday that falls on a Sunday may be observed on the following Monday. If eligible employees work on a recognized holiday, they will receive pay at their regular rate for hours worked plus another day off in lieu, with holiday pay. FLOATING HOLIDAYS 5. In addition to the holidays noted above, the afternoon prior to Christmas Day and the afternoon prior to New Year's Day shall constitute additional paid holidays at employee's regular rates of pay. Provided however, that Christmas and New Year's half holidays will be observed on the working days preceding the respective holidays. Except when Christmas Day and New Year's Day falls on Saturday, Sunday or Monday in which case the half-holiday will be observed on the preceding Friday afternoon. Subject to Council direction, employees may be granted additional paid days off between Christmas and New Year's. VACATION 1. At the Municipality each Supervisor is responsible for managing vacation schedules for their respective departments, in a manner that is as fair as possible to all employees. Vacation scheduling shall try to ensure minimum disruption of services within the department. VACATION ENTITLEMENT 2. The vacation entitlement year is based on the calendar year. Employees may not take vacation time that has not yet been earned, unless otherwise approved by the CAO/Clerk. Regular full-time employees are entitled to the following vacation time, based on the number of full, completed years of employment. Part-time and contract employees will be entitled to a prorated amount of vacation time, based on their regular hours worked. Years of Eligible Service (at Vacation Entitlement (for that January 11t) year Less than One (1) year One (1)working day for every completed month of service to a maximum of ten 10 days One 1 year Two 2 weeks Five 5 ears Three 3 weeks Ten 10 ears Four 4 weeks 55 1�p,YHA,af ig Ap4rtanity[spa Fifteen 15 ears Five 5 weeks Twenty 20 + years I Six 6 weeks 3. For regular full-time employees, vacation must be taken as time off. No cash payment in lieu of vacation time will be made. Vacations credits of up to one (1) week may be carried over into the subsequent calendar year, if approved by the CAO/Clerk. 4. If a public holiday falls during an employee's vacation time, the public holiday does not count as a vacation day. VACATION PAY 5. Salaried employees will continue to receive their regular pay while on vacation. 6. Hourly employees will earn vacation pay at the number of days indicated in the table above, based on years of employment. Vacation time is paid on the employees gross wages (including regular earnings, commissions, bonuses/gifts related to hours of work, overtime pay and public holiday pay) at the time of vacation. Upon terminations of employment, employees will be paid for outstanding vacation pay. Unused vacation equals vacation earned (prorated to termination date) less vacation days already taken. VACATION SCHEDULING 7. To take vacation, employees must submit a written request to their supervisor for advance approval in writing. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. Up to two (2) weeks may be taken at one time. More than two (2) weeks may be taken only with prior written approval of the CAO/Clerk. BEREAVEMENT LEAVE 1. Bereavement Leave shall be granted for attending a funeral and for bereavement purposes commencing the first day following the death, as follows: ➢ Five (5) working days immediately following the death of a spouse, child or step- child. ➢ Three (3) working days immediately following the death of a parent, grandchild, grandparent, stepmother, stepfather, brother, stepbrother, sister or stepsister, or parent of the employee's current spouse. ➢ Two (2) working days, to attend the funeral of the sister, brother, or grandparent of the employee's current spouse. 56 1�p,YHA,af ig Ap4rtanity[spa ➢ One (1)working day, to attend the funeral of an aunt or uncle, fellow employee, a close friend or to serve as a pallbearer. 2. Paid leave of absence in respect of bereavement will only be allowed for days on which the employee has been scheduled to work. Additional days may be granted with or without pay, with the discretion of the CAO/Clerk. JURY/COURT DUTY 1. Employees who is required to serve as a juror or subpoenaed as a witness in any court in Ontario, shall be granted a leave of absence for the days on which the employee would otherwise have been scheduled to work. 2. Employees shall be excused from work for the part of each day that the employee shall actually render serve as a juror or as a witness. 3. Upon completion of his/her jury duty or witness service, such employees shall present to his/her supervisor and/or CAO/Clerk a satisfactory certificate showing such period of service. Such employee will be paid his/her regular earning for the period of such jury or witness service provided he/she shall deposit with the Treasurer of the Municipality the full amount of compensation received, excluding mileage and travelling expense, an official receipt therefore. If the employee presents himself/herself for selection as a juror and is not selected, then he/she shall be required to return to his/her regular employment to complete his/her remaining normally scheduled work period. 4. Employees will be granted a maximum of twenty-four (24) hours of paid time off to appear in court as a witness at the request of a party other than the Municipality. Employees will be paid at their base rate, and are free to use any remaining paid leave benefits (such as vacation time) to receive compensation for any period of witness duty absence that otherwise would be paid. VOTING LEAVE 1. Where legislation, as amended from time to time, requires and where, by reason of the hours of his/her employment, an employee who is a qualified elector and who will not have four (4) consecutive hours to work while the polls are open on a polling day at an election, the employer shall, at the convenience of the employer, allow the employee such time for voting as is necessary to provide the four (4) consecutive hours. 57 1�p,YHA,af ig Ap4rtanity[spa 2. There will be no deduction from the pay of an employee or any penalty imposed on the employee by reason of absence from work during the time allowed by the employer from voting. INCLEMENT WEATHER DAYS 1. The Municipality acknowledges that for those employees who commute to work, travel can be impeded by weather, particularly in the winter months. In the event of inclement weather, the CAO/Clerk will decide whether or not the Municipality facilities will be open for that day. If closed, Management will arrange for all employees to be informed as soon as possible. 2. If Municipal facilities are open, employees should make every reasonable effort to make it to work on time. However, employees are not to endanger their personal safety in an attempt to get to work. If you anticipate being unable to report to work or being late for work because of inclement weather conditions, please contact your Manager as soon as possible, to advise of your absence or delay. 3. Employees should not drive on closed roads or violate any Highway Traffic Act regulations attempting to attend work. 4. In the circumstance that an employee is unable to get to work due to inclement weather, the employee will not be paid for absent time. If available the employee may make up their time absent (as business needs require) or use vacation pay and time instead with their Manager's prior approval. SICK LEAVE 1. The Municipality understands that on occasion employees are sick and unable to report to work. As such the Municipality sets the following policy. 2. All full time employees are allowed twelve (12) days paid sick leave per calendar year. The paid sick days are prorated for partial years employed with the Municipality and part time hours. 3. Sick days must only be used for personal illness, immediate family illness or personal emergency. 58 1�p,YHA,af ig Ap4rtanity[spa 4. Permanent employees are entitled to use up to four (4) days per calendar years from his/her sick leave entitlement to attend to a spouse, child and/or parent who are personally ill. 5. Unused sick days are not paid out or carried over to the following year. 6. Employees, who are unable to report to work due to personal illness, are to advise their immediate supervisor within 30 minutes of the start of their shift, indicating they are unable to report to work due to personal illness. 7. An employee who is absent from work for reason of illness, may be requested to provide a medical certificate to their supervisor. The employee is responsible for all costs associated to obtaining doctors notes. Failure to comply with this section may result in forfeiting pay, suspension or discharge from employment. SHORT-TERM DISABILITY (STD) 8. Employees may be eligible for STD income after sick leave entitlements have been utilized. The employee must apply to the carrier and obtain approval for these benefits. 9. STD benefits due to illness or non-occupational accident will be paid for a period of continuous absence up to 119 calendar days at 75% of the employee's regular pay. 10. Separate periods of disability occurring under this benefit will be considered one period if: ➢ They result from the same or related causes 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 are separated by a period of less than one full day during which the employee returned to active employment. 11. The cost of this plan will be paid 100% by the Municipality. Each employee who has completed their probationary period shall be eligible for the program. LONG-TERM DISABILITY (LTD) 12. Employees may be eligible for LTD income after STD leave entitlements have been utilized. The employee must apply to the carrier and obtain approval for these benefits. 59 1�p,YHA,af ig Ap4rtanity[spa 13. LTD benefits provides regular employees with 66.7% of basic monthly earnings (to a maximum of$4,000 per month, payable to age 65, following the initial period of STD coverage described above. 14. The cost of this pan will be paid 100% by the Municipality. Each employee who has completed their probationary period shall be eligible for the program. To be eligible for LTD benefits, an employee must have a medically determinable physical or mental impartment that prevents the employee from performing the regular duties of their position. STATUTORY LEAVES OF ABSENCES 1. Eligible employees may apply for various types of unpaid leaves of absence in accordance with the Employment Standards Act (ESA). These include, but are not limited to: ➢ Pregnancy or Parental Leave ➢ Personal Emergency Leave ➢ Family Medical Leave ➢ Family Caregiver Leave ➢ Domestic or Sexual Violence Leave ➢ Crime Related Death Leave ➢ Child Disappearance Leave 2. While an employee is on a statutory leave, maintenance of employee benefits will be administered in accordance with the applicable legislation on the following basis: ➢ Benefits plans for pensions, life insurance, accidental death, extended health, and dental shall continue unless the employee elects in writing not to do so and/or gives notice in writing that they don't intend to pay the employees premium contributions. 3. To learn more about these or additional statutory leaves, please visit the link or talk with your supervisor: http://www.labour.gov.on.ca/english/es/pubs/brochures/br leaves.php 60 1�p,YHA,af ig Ap4rtanity[spa DRESS, GROOMING AND PERSONAL HYGIENE 1. PURPOSE Each employee has personal preferences regarding dress, grooming, and personal hygiene. In order to maintain the professional image of the Municipality, and avoid any misunderstanding or workplace tension and conflict, this policy sets out certain minimum standards the Municipality expects for appropriate dress, grooming, and personal hygiene. 2. SCOPE This policy applies to all employees immediately upon hire. 3. RESPONSIBILITY Employees are expected to comply with the spirit of this policy and be sensitive to the concerns and needs of their fellow employees. Supervisors are accountable for ensuring their staff comply with this policy in spirit. The CAO is available to adjudicate any questions on dress, grooming, and personal hygiene. 4. POLICY 4.1 This policy intentionally does not set out a detailed list of do's and don'ts, or rules. Common sense of what is professional and considerate of others should prevail. 4.2 All Municipal employees that work in the office will dress in appropriate "business casual" attire, as they will be meeting residents, clients, suppliers, and other stakeholders. 4.3 The following list is consider"not"to be appropriate business attire: • Ripped or torn clothing • Sweat pants or work out gear • Tank tops • Muscle shirts • Dresses with spaghetti straps • Dirty or stained clothing • Suggestive or offensive attire 4.4 All employees should comply with good habits of grooming and personal hygiene and wear clothing that is clean and well maintained. 4.5 All Municipal employees that work outside the office will wear attire that is appropriate for their duties and contacts. Some employees will be required to wear personal protective clothing such as hard hats, gloves, footwear, vests, etc., under regulations contained in the Municipalities Health and Safety program. 61 1�p,YHA,af ig Ap4rtanity[spa 4.6 More formal and conservative attire may be required at Municipal social events, conferences, trade shows, and education events. 4.7 Some employees are sensitive to strong perfumes, colognes, or other scents, so be considerate and avoid using. 4.8 On Dress Down Fridays, you may dress more casually; however, you should still maintain a presentable appearance. 4.9 The interpretation of this policy is subject to Municipal discretion. The Supervisor will discuss any non-compliance within the spirit of this policy, with the employee, and ask for a change of behaviour. If there is a second occurrence, the employee may be sent home to change. 62 LONG POINT REGION CONSERVATION AUTHORITY 2018 Draft Budget BACKUS HERITAGE AND EDUCATION SERVICES PROGRAM NAME CHANGES IN SERVICES&ACTIVITY LEVELS BACKUS HERITAGE AND EDUCATION SERVICES A new contract Assistant Curator was added for 39 weeks or.75 of an FTE. The Manager of Conservation Land Services was increased from 5%to 10%in Backus and the Park PROGRAM MANAGER Assistant was decreased by.06 of a FTE. Pam Walther-Mabee STAFFING LEVELS FT 2017 2018 8.71 9.45 201S 2016 2017 2017 2018 2018 Charge from Actual Actual Sept 30 YTD Budget Draft Budget 2017 Budget ACTIVITIES Educational and Interactive Program Services S 92,372 $ 87,431 $ 65,517 $ 95,082 $ 1D4,887 $ 9,805 10% Heritage Village and Historical Services 106.913 100,834 75,693 101,930 151,028 $ 49,099 48% Backus Conservation Area Services 306,149 347,197 243,818 347,740 358,083 10,343 3% Backus Mill Restoration Expenses 13,924 4,700 1,819 - - - NorWktales ON150 - 34,977 - TD Trail Revitalization - 20,150 Amortization 31,252 33172 - - - $ 550,610 $ 673,334 $ 441,874 $ 644,752 $ 613,999 $ 69,248 13% OBJECTS OF EXPENSES Staff Expenses-Note 1 $ 374,494 $ 389,633 $ 306,809 $ 407,597 $ 463,594 $ 55,996 14% Staff Related Expenses 2,975 4,472 1.427 3,075 3,125 50 2% Materials and Supplies-Note 2 25,155 23,824 26,354 19,405 20,605 1,200 6% Purchased Services-Note 3 113,689 118,340 103,685 111,025 123,025 12,000 11% Equipment 3,044 3,893 3,600 3,660 3,650 - 0% Amortization 31,252 33172 - - - TOTAL EXPENDITURES $ 550,610 $ 673,334 $ 441,874 $ 644,752 $ 613,999 $ 69,248 13% SOURCES OF REVENUE Municipal Levy $ 91AN $ 90,469 $ 92,977 $ 92,977 $ IK751 $ 61,774 66% Provincial Funding-Student programs 19,817 28,577 3,189 19,521 20,474 953 5% User Fees-Camping 216,217 235,168 259,650 253,731 271,426 17,69E 7% User Fees-Educational non contract programs 6,062 11,083 5,736 9,5DO 9,500 - 0% User Fees-Heritage non con 00 5 tract programs 16,D56 5,765 6,468 5,3DO 8,200 2,95% User Fees-Rental of Office,Held,House 32,635 24,606 9,174 15,240 8,664 (6,576) -43% Community Support-Note4 231,112 157,059 157,444 148,484 140,984 (7,500) -5% Contribution from(to)Reserves (62,746) 20,618 - - TOTAL REVENUE $ 550,610 $ 573,334 $ 634,6311 $ 544,752 $ 613,999 $ 69,246 13% NOTES 1. Wage increase of 1.5%.The impact for the student wage increasing to$14.00 is approximately$24,300. The new contract Assistant Curator cost is $30,518.00 2. Material and supplies increased by$800 for the education center for a purchase of a vacuum and a sound system. 3. Subcontractor of$10,OOD to stain the museum. The septic charges were increased$2,400 to$10,000 for anticipated disposal rate increases. 4. The revenue in community support is the interest from the endowment fund of$102,500 and the contracts with the school boards are $37 734. FTE TOTAL DEPARTMENT 2018 2017 2D16 BHCA Area Supervisor 100% 1.00 100% 1.00 1.00 1.D0 Assistant Pak Supervisor 58% 0.68 58% 0.58 0.58 D.58 Park Assistant 54% 0.54 54% 0.54 0.80 0.60 Curator 75% 0.75 75% 0.75 D.75 0.75 Assisted Curator 75% 0.75 75% 0.75 D.DO 0.00 Outdoor Educator 100% 1.00 100% 1.00 1.00 1.00 Manager Conservation Land Services 0% 0 10% 0,10 0.05 0.05 Carpenter 0% 0 5% 0.05 0.05 0.05 Workshop Supervisor 0% 0 5% 0.05 0.05 0.05 Seasonal Support 0% 0.00 12% 0.12 0.12 0.12 Maintenance Support(4) 142% 1.42 142% 1.42 1.42 1.42 Gate Attendants(4) 96% 0.98 95% 0.96 0.96 0.96 Life Guards(3) 80% 0.60 6D% 0.60 0.60 0.60 Miller Operator 19% 0.19 19% 0.19 0.19 0.19 Heritage Program Students(4) 67% 0.67 67% Q67 0.67 0.52 Outdoor Education Students(4) 67% 0.67 97% 0.67 0.67 0.67 9.13 9.45 8.71 8.56 Tab 9 1 Backus Summary 2018 change from 2017 2017 2018 Budget Heritage Village Budget Budget S % Revenue $ 28,764 $ 34,274 $ 5,509 19.2% Expenses $ 101,930 $ 151,028 $ 49,099 48.2% Municipal Levy required for shortfall $ (73,165) $(116,755) $ (43,590) 59.6% Backus Campground Revenue $ 272,121 $ 282,826 $ 10,705 3.9% Expenses $ 347,740 $ 358,083 $ 10,343 3.0% Municipal Levy required for shortfall $ (75,619) $ (75,257) $ 363 -0.5% Education Services Revenue $ 150,890 $ 142,148 $ (8,742) -5.8% Expenses $ 95,082 $ 104,887 $ 9,805 10.3% Endowment funding available for the overhead expenses in Backus Campground accounts . $ 55,808 $ 37,261 $ (18,547) -33.2% Municipal Levy Funding needed for Operations $ (92,977) $(154,751) $ (61,774) 66.4% Note: The Education Services area has the endowment fund interest to use for Conservation-specific operations In the 2018 budget there is$102,500 of endowment fund interest. In the Education Services area there is a surplus of$37,261 because the education center expenses are recorded in the Backus Campground accounts. The expenses for the education center such as hydro,union gas supplies and the supervisor wage are in the Backus Campground accounts and approximately 1/3 of them are covered by the endowment interest of$37,261. An additional$17,500 of interest form the endowment fund is recorded in the Corporate Services to cover an allocation of property taxes and insurance for the education center. The total amount of the endowment fund interest for 2018 is$120,000 which is the average of the past 3 years. Tab 9 2 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-129 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD DECEMBER 21, 2017 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 WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS 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 THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT 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 December 21, 2017 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21St DAY OF DECEMBER, 2017. MAYOR CLERK