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HomeMy WebLinkAboutJanuary 03, 2019 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, January 3, 2019 7:00 p.m. 7:30 p.m. — Brian Jeffrey Andries and Valjdeta Templeton Zoning By-Law Amendment 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 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held December 20, 2018 B. Statutory Planning Meeting held December 20, 2018 re John Fehr Zoning By-law Amendment C. Drainage Public Meeting held December 20, 2018 re Eden Drain Branches 'B' & 'C' D. Court of Revision held December 20, 2018 re Branch 'A' of the No.1 Drain E. Court of Revision held December 20, 2018 re Eden Drain Branches 'B' & 'C' 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 2019 Council Agenda January 3, 2019 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-law Amendment—Andries and Templeton 10.1.2 Requiring Action 10.2 Reports to Council 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. MPAC re 2018 Year-End Assessment Report 11.1.2 Requiring Action 11.2 Reports to Council A. Report TR-02/19 by Lorne James, Treasurer re Interim Tax Levy and Borrowing By-Laws B. Report CAO-01/19 by Paul Shipway, CAO I Clerk re Capital Item No. GG-1 Market Analysis 12. BY-LAWS A. By-Law No. 2018-093 Being a by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Branch 'A' of the No.1 Municipal Drain (This by-law follows the recommendation made in Report DS-65/18 during the Court of Revision of December 20, 2018) (Third and Final Reading) B. By-Law No. 2019-001 Being a by-law to provide for an interim tax levy (This by-law follows the recommendation made in Report TR-02/19 by Lorne James, Treasurer during the regular meeting of January 3, 2019) C. By-Law No. 2019-002 Being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2019 (This by-law follows the recommendation made in Report TR-02/19 by Lorne James, Treasurer during the regular meeting of January 3, 2019) D. By-Law No. 2019-003 Being a by-law to establish an Advisory Board and Committee Policy (This by-law follows the recommendation made in Report CA0-77/18 by Paul Shipway, CAO I Clerk during the regular meeting of December 6, 2018) E. By-Law No. 2019-004 Being a by-law to authorize the execution of an agreement between The Municipality of Bayham and Muriel Alberta / Ma's Port Burwell (This by-law follows the recommendation made in Report CAO-80/18 by Paul Shipway, CAO I Clerk during the regular meeting of December 20, 2018) 13. UNFINISHED BUSINESS 2019 Council Agenda January 3, 2019 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-006 Being a by-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 20, 2018 7:00 p.m. 7:30 p.m. — Public Meeting — Planning — Fehr Rezoning 8:00 p.m. — Public Meeting — Drainage— Eden Drain Branches 'B' & 'C' 8:00 p.m. — Court of Revision A. Branch 'A' of the No.1 Drain B. Eden Drain Branches 'B' & 'C' PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL ROADS OPERATIONS SUPERVISOR STEVE ADAMS MANGER OF CAPITAL PROJECTS WATER I WASTEWATER ED ROLOSON CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Elgin Area Water Supply System Board of Management—Appointment of Joint Representative added as Item 11.1.2-C 4. ANNOUNCEMENTS A. Councillor Chilcott wished everyone a Merry Christmas and Happy and Healthy New Year. 5. DELEGATIONS None 2018 Council Minutes December 20, 2018 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held December 6, 2018 Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the minutes of the Regular Meeting held December 6, 2018 be adopted. CARRIED 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 PS-08/18 by Ed Roloson, Manager of Capital Projects —Water/Wastewater re Ontario Regulation 453-07 Financial Plan Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report PS-08/18 re: Ontario Regulation 453/07 Water Financial Plan be received for information; AND THAT Council authorize sole-sourcing Watsons & Associates Economists Ltd. to develop an Ontario Regulation 453/07 Water Financial Plan and two Drinking Water License applications pursuant to the work plan presented in Appendix 'A' attached hereto. CARRIED 2018 Council Minutes December 20, 2018 B. Report PS-09/18 by Steve Adams, Road Operations Supervisor, Ed Roloson, Manager of Capital Projects - Water/Wastewater, Paul Shipway, CAO I Clerk re RFT 18-04 Supply and Delivery of One (1) New Tandem Truck Complete with Winter Control Equipment Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report PS-09/18 re RFT 18-04 Supply and Delivery of One (1) New Tandem Truck Complete with Winter Control Equipment be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham award RFT 18-04 in the amount of $436,039+HST to Team Truck Centres funded pursuant to Report PS- 09/18 Option B. CARRIED C. Report PS-10/18 by Ed Roloson, Manager of Capital Projects —Water/Wastewater re Capital Item No. WW-4 Wastewater Pump Replacement Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report PS-10/18 re Capital Item No. WW-4 -Wastewater Pump Replacement be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham authorize the purchase of nine new submersible wastewater pumps as quoted by Nevtro Sales Ltd. for a total of$107,391.46+HST. CARRIED Council recessed at 7:30 p.m. for the Public Meeting Planning and reconvened at 7:38 p.m. 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of the Adoption of Official Plan Amendment No. 24 — Emerson B. Notice of Second Public Meeting re Proposed Zoning By-law Amendment— John Fehr C. Notice of Public Meeting re Eden Municipal Drain Branches 'B' & 'C' D. Notice of Court of Revision re Branch 'A' of the No.1 Drain E. Notice of Court of Revision re Eden Municipal Drain Branches 'B' & 'C' F. Notice of Public Meeting re Proposed Zoning By-law Amendment—Andries and Templeton Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT correspondence items 10.1.1-A— 10.1.1-F be received for information. CARRIED 2018 Council Minutes December 20, 2018 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-68/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Chalk Drain Improvements Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-68/18 re Chalk Drain Improvements 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 B. Report DS-69/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Eden Drain — Branches 'B' and 'C' Award Contract Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Staff Report DS-69-18 re Eden Drain — Branches B and C Award Contract be received for information: AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Eden Drain Branches 'B' and 'C', as submitted by PBR Excavating, in the amount of$53,168.64 (plus HST), with work to commence on or before January 21, 2019 and be completed on or before February 1, 2019; AND THAT By-Law 2018-102, being a by-law to authorize the execution of contract documents with PBR Excavating be presented to Council for enactment CARRIED C. Report DS-70/18 by Bill Knifton, re Petition for Drainage Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from John Stewart; AND THAT Report DS-70/18 regarding the petition for drainage and for drainage improvement be received; 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. CARRIED 2018 Council Minutes December 20, 2018 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. ROMA Board of Directors Notice of Call for Nominations B. Consultation Document re Increasing Housing Supply in Ontario C. Town of Kearney resolution re Voters' List for Municipal Elections D. Township of McKellar re Governance Models E. Association of Municipalities Ontario re Bill 31 F. Ministry of Municipal Affairs and Housing re Municipal Reporting Burden G. Ministry of Municipal Affairs and Housing re Housing Supply Action Plan H. SCOR EDC Partner Update — 2018 Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT correspondence items 11.1.1-A— 11.1.1-H be received for information. CARRIED 11.1.2 Requiring Action A. Josh Maenhout Bayham Station 1 re Ice Rink Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Council of the Corporation of the Municipality of Bayham approve the placement of the Outdoor Skating Rink at 55461 Nova Scotia Line in the ball diamond; AND THAT Council approves the Fire Department providing water for the initial flooding of the rink. CARRIED B. SCOR EDC re Council appointees to the SCOR EDC Board Moved by: Councillor Donnell Seconded by: Councillor Froese THAT correspondence from SCOR EDC re Council appointees to the SCOR EDC Board of Directors be received for information; AND THAT Ed Ketchabaw be appointed to the SCOR EDC Board of Directors; 2018 Council Minutes December 20, 2018 AND THAT Susan Chilcott be appointed as alternate to the SCOR EDC Board of Directors. CARRIED C. Elgin Area Water Supply System Board of Management—Appointment of Joint Representative Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT correspondence re Elgin Area Water Supply System Board of Management— Appointment of Joint Representative be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham supports the resolution appointing Pete Barbour as the joint representative and Rainey Weisler as the alternate joint representative to the Elgin Area Water Supply System Board of Management. CARRIED 11.2 Reports to Council A. Report CAO-78/18 by Paul Shipway CAO I Clerk re 2019 Insurance Renewal Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-78/18 re 2019 Insurance Renewal be received for information; AND THAT the 2019 Municipal Insurance Program be obtained from Frank Cowan Company Limited in accordance with the offer to renew dated October 29, 2018, at a total premium of$126,649 plus applicable taxes. AND THAT staff be directed to issue a Municipal Insurance Program Request for Proposals (RFP) process in July 2019 for the 2020 Municipal Insurance Program. CARRIED Council recessed for the Public Meeting Drainage and reconvened at 8:20 p.m. B. Report CAO-80/18 by Paul Shipway, CAO I Clerk re RFP 18-01 Beach Concession Food Booth Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report CAO-80/18 re RFP 18-01 Beach Concession Food Booth be received for information; AND THAT staff be directed to bring forward a by-law to enter into an agreement with Muriel Alberta / Ma's Port Burwell for the operation of a Beach Concession Food Booth at the Port Burwell Municipal Beach for Council consideration. CARRIED 2018 Council Minutes December 20, 2018 C. Report CAO-81/18 by Paul Shipway, CAO I Clerk re Cannabis Licence Act, 2018 Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report CAO-81/18 re Cannabis Licence Act, 2018 be received for information; AND THAT Council of the Corporation of the Municipality of Bayham opt-in to permit private recreational cannabis retail storefronts in the Municipality of Bayham; AND THAT staff be directed to draft a Private Recreational Cannabis Retail Storefront Policy Statement to be utilized by staff during the AGCO 15-day Private Recreational Cannabis Storefront Store Location review period for Council consideration; AND THAT staff be directed to bring forward a Zoning By-law Amendment to interpret cannabis "standard" cultivation and processing as an industrial use permitted in Rural Industrial (M2) and Urban Industrial (M4) and define the term "Cannabis Cultivation Facility", "Cannabis Processing Facility", "Standard-cultivation of Cannabis" and "Micro- cultivation of Cannabis" and any additional terms and conditions as required for Council consideration in order to permit the use in certain zones. CARRIED D. Report CAO-82/18 by Paul Shipway, CAO I Clerk re Doors Open East Elgin Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report CAO-82/18 re Doors Open East Elgin be received for information. AND THAT the Municipality of Bayham not take part in Doors Open 2019. CARRIED 12. BY-LAWS A. By-Law No. 2018-094 Being a Provisional By-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Eden Municipal Drain Branches 'B' & 'C' (This by-law follows the recommendation in Report DS-66/18 by Bill Knifton, Chief Building Official I Drainage Superintendent during the Public Meeting of December 20, 2018 and the recommendation in Report DS-67/18 by Bill Knifton, Chief Building Official I Drainage Superintendent during the Court of Revision of December 20, 2018) B. By-Law No. 2018-101 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and KDN Pavement Marking Ltd. (This by-law follows the recommendation in Report CAO-76/18 by Paul Shipway, CAO I Clerk during the Regular Meeting of November 15, 2018) C. By-Law No. 2018-102 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and PBR Excavating Inc. for the provision of drainage works for the Eden Drain Branches 'B' & 'C' in the Municipality of Bayham pursuant to 2018 Council Minutes December 20, 2018 provisions of the Drainage Act, Chapter D.17, R.S.O. 1990 as amended (This by-law follows the recommendation in Report DS-69/18 by Bill Knifton, Chief Building Official Drainage Superintendent during the Regular Meeting of December 20, 2018) Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT By-Law No. 2018-094, 2018-101 and 2018-102 be read a first, second and third time and finally passed CARRIED 13. UNFINISHED BUSINESS None Council recessed for a break at 9:08 p.m. and reconvened at 9:17 p.m. 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 9:17 p.m. to discuss: Personal matters about an identifiable individual, including municipal or local board employees CARRIED A. Confidential Report regarding personal matters about an identifiable individual, including municipal or local board employees (Human Resources) 14.2 Out of Camera Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Committee of the Whole do now rise from the "In Camera" session at 9:25 p.m. with nothing to report. CARRIED 2018 Council Minutes December 20, 2018 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-103 Being a by-law to confirm all actions of Council Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Confirming By-Law No. 2018-103 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 9:26 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 20, 2018 7:30 p.m. —John Fehr Zoning By-Law Amendment (Second Public Meeting) PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL ROADS OPERATIONS SUPERVISOR STEVE ADAMS MANGER OF CAPITAL PROJECTS WATER I WASTEWATER ED ROLOSON CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: John Fehr 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:30 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by John Fehr to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted John Fehr The purpose of the public meeting is to consider an application to change the zoning on a 10,460 m2 (2.5 acres) parcel of land from a Hamlet Residential (HR) Zone to a Site- Specific Hamlet Residential (HR-XX) zone in Zoning By-law Z456-2003. On November 1st, 2018 a public meeting was held to discuss the application, however, new information about the proposed use was received prior to the meeting. At the meeting, 2018 Planning Meeting Minutes December 20, 2018 John Fehr Council passed a resolution that the Zoning By-law application be amended and a second public meeting be scheduled. The effect of the by-law will be to allow for the business to operate accessory to the residential use; to recognize water extraction quantity from the property and seasonal water extraction quantity from a neighbouring property; to allow for the construction of an oversized accessory building to store one work truck and occasional maintenance on a second work truck; and to allow the use of extraction/pumping equipment and equipment storage inside the accessory building. 5. PUBLIC PARTICIPATION Mr. John Fehr provided an overview of his recent meeting with a representative of the Ministry of the Environment regarding his required inspection of records, well and equipment. Mr. Froese is expecting further information regarding permit requirements from MOE in early 2019 at his request. 6. CORRESPONDENCE Email correspondence was received from Mr. John Peters, 54272 Eden Line, expressing concerns regarding long term impact on the water source, noise from pumps and traffic. 7. OTHER BUSINESS Deputy Clerk I Planning Coordinator, M. Underhill noted to Council that three items are requested from Mr. Fehr: 1. Sign off from MOE 2. MOE confirmation for water taking activities 3. Confirmation of requirement for hydrogeological testing as suggested by MOE 8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Zoning By-law be considered at the meeting scheduled for January 17, 2019; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application John Fehr is now complete at 7:38 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 20, 2018 8:00 p.m. Eden Drain Branches 'B' & 'C' PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON ROADS OPERATIONS SUPERVISOR STEVE ADAMS MANGER OF CAPITAL PROJECTS WATER I WASTEWATER ED ROLOSON SIGNED IN ATTENDEES: None 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 8:00 p.m. and asked those in attendance for the Drainage Public Meeting regarding the Eden Drain Branches B' and 'C' to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. PURPOSE OF THE MEETING A. Eden Municipal Drain Branches 'B' & 'C' Public Notice Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the public meeting is to consider the proposed construction of the drainage as outlined in the Eden Drain Branches B' & 'C' Engineer's Report#206114 dated October 31, 2018 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-66/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Eden Drain Branches 'B' and 'C' Chief Building Official I Drainage Superintendent presented the report and provided an overview of the design of the drain. 2018 Public Meeting Minutes December 20, 2018 Eden Drain Branches 'B and 'C' 5. ENGINEERS REMARKS None. 6. PUBLIC PARTICIPATION None. 7. CORRESPONDENCE None. 8. DISPOSITION Moved by: Councillor Froese Seconded by: Councillor Donnell THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report #206114 dated October 31, 2018, referred to as the "Eden Drain — Branches B and C" report; THAT Provisional By-law#2018-094 be given first and second reading; AND THAT a date of December 20, 2018 at 8:00 p.m. be set for the first sitting of the Court of Revision." CARRIED 9. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Pursuant to the Drainage Act requirements the Public Meeting is now complete and the Provisional By-law will be considered during the regular meeting. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 20, 2018 8:00 p.m. Branch `A' of the No.1 Drain PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON ROADS OPERATIONS SUPERVISOR STEVE ADAMS MANGER OF CAPITAL PROJECTS WATER I WASTEWATER ED ROLOSON SIGNED IN ATTENDEES: None 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 8:09 p.m. and asked those in attendance for the Court of Revision regarding the Branch `A' of the No.1 Drain to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING A. Branch 'A' of the No.1 Drain Notice of Court of Revision Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the Court of Revision is to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per Engineers Report#218030 dated October 17, 2018 as prepared by Spriet Associates 2018 Court of Revision Minutes Branch 'A' of the No.1 Drain December 20, 2018 4. STAFF PRESENTATION A. Report DS-65/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Branch 'A' of the No.1 Drain Court of Revision Chief Building Official I Drainage Superintendent, Bill Knifton presented the reported and advised no appeals were received. Councillor Donnell asked if the drain was not working. B. Knifton advised Branch 'A' is not working properly. Councillor Froese asked the age of the drain. B. Knifton advised it was constructed in 1981 and provided details from the original construction. 5. PUBLIC PARTICIPATION None. 6. DISPOSITION Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Court of Revision for the Branch A of the NO.1 Municipal Drain hereby confirms the assessments as per the Engineer's Report # 218030 dated October 17, 2018. CARRIED 7. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Court of Revision for the Branch `A' of the No.1 Drain be adjourned at 8:16 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 20, 2018 8:00 p.m. Eden Drain Branches 'B' & 'C' PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON ROADS OPERATIONS SUPERVISOR STEVE ADAMS MANGER OF CAPITAL PROJECTS WATER I WASTEWATER ED ROLOSON SIGNED IN ATTENDEES: None 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 8:17 p.m. and asked those in attendance for the Court of Revision regarding the Eden Drain Branches 'B' & 'C' to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING A. Eden Municipal Drain Branches 'B' & 'C' Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the Court of Revision is to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per Engineers Report#206114 dated October 31, 2018 as prepared by Spriet Associates 2018 Court of Revision Minutes Eden Drain Branches 'B' & 'C' December 20, 2018 4. STAFF PRESENTATION A. Report DS-67/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Eden Drain — Branch 'B' & 'C' Court of Revision Chief Building Official I Drainage Superintendent, B. Knifton presented the report and advised no appeals had been received. 5. PUBLIC PARTICIPATION None. 6. DISPOSITION Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Court of Revision for the Eden Drain — Branches B and C hereby confirms the assessments as per the Engineer's Report# 206114 dated October 31, 2018. CARRIED 7. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Court of Revision for the Eden Drain Branches 'B' & 'C' be adjourned at 8:20 p.m. CARRIED MAYOR CLERK g,SYH NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ; ZONING BY-LAW AMENDMENT Ai , IN THE MUNICIPALITY OF BAYHAM O A POttunity 15-0w APPLICANT: BRIAN JEFFREY ANDRIES AND VALJDETA TEMPLETON 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, January 3, 2019 at 7:30 p.m. in the Municipal Council Chambers in 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 19.6 ha (48 acres) parcel from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-X) Zone for a period not to exceed three (3) years in Zoning By-law Z456-2003. The change is to permit the construction of a new primary dwelling unit and to recognize the existing dwelling as a second unit. The subject lands are located on the west side of Clarke Road, north of Glen Erie Line known as 5379 Clarke Road. THE EFFECT of this By-law will be to allow the existing dwelling as a second dwelling unit when a new dwelling is built. 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 Local Planning Appeal Tribunal. 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 Local Planning Appeal Tribunal 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 13th day of December 2018. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill g Deputy Clerk/Planning Coordinator ii-1 I Municipality of Bayham y 56169 Heritage Line, PO Box 160 Straffordville, ON, NOJ IY0 l': l:---: T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca 1 1 Igir iii ■ SUBJECT LANDS t il [ PI II m pac MUNICIPAL PROPERTY ABEES MENT CORPORATION December 14, 2018 To: Chief Administrative Officers, Chief Financial Officers, Clerks, Treasurers and Tax Administrators From: Carla Y. Nell, Vice President, Municipal and Stakeholder Relations Subject: 2018 Year-End Assessment Report As part of our continued commitment to stakeholder engagement and information sharing with our municipal partners, we have prepared the attached 2018 Year-End Assessment Report, which will be of interest to both municipal administration and elected officials. This report provides a high- level summary of MPAC's 2018 activities that are relevant to the municipal sector, and also two municipal level snapshots of the assessment changes unique to your municipality. This report will also be provided to Municipal Clerks for submission to municipal councils in January 2019. In the interim, I encourage you to review the report and share any questions with your MPAC Municipal and Stakeholder Relations Regional Manager and/or Account Manager. Happy Holidays, Aoseorwir Or" AOCarla Y. Nell Vice-President, Municipal and Stakeholder Relations Attachments Copy Regional and Account Managers 1340 Pickering Parkway,Suite 101, Pickering,ON L1V 0C4 www.mpac.ca • 2018 YEAR- END ,� --� •V., ASSESSMENT et ./ -�� - REPORT FOR THE 2019 . • ,, • TAX YEAR i q �" i AS OF DECEMBER 2018 9\ till- 1 )7 l ` I'I 9 1 k0 / > / *M -f MUNICIPAL mpac PROPERTY ASSESSMENT CORPORATION i, Table of Contents f / , About MPAC 3 -- og ., ,T.,,,,,,, Al The Property Assessment Cycle in Ontario 4I „ Purpose of this Report 4 2018 Highlights 5 ..;"- 1:''''',,t'''''''',,' \ Maintaining Your Annual Assessment Roll 5 New Assessment 5 j \ Requests for Reconsideration and Appeals 6 Service Level Agreement (SLA) 7 ,,,,L\-:-''''\'',,,,I.:,1,0:'k,-:-\..:(r,,,`,/,,,,...*:,' -'11;' Looking Ahead to the Next Assessment Update 8 r �. Conclusion 9 �� 1 ; / I F t, / ), 6 - 2018 YEAR-END ASSESSMENT REPORT I 2 or LSF t 7711,'"` — tar . k . , . . . . tic, . ..... ,,,- ., . i ,. .... -41 ::: , .. . m.1.... / About MPAC ,0 "„, i ,, 1 '''.*', 1 ;iv: 6 MPAC stands for Municipal Property Assessment Corporation, -- • and the MPAC team is made up of assessment experts who understand local communities and assess every property in Ontario. Our assessments provide the very foundation that municipalities use to base the property _ I ,f taxes needed to pay for the services we use every day. _- _ -- _ -- F ....." • As an independent, not-for-profit corporation, MPAC is responsible for assessing more . M- - _ _ our assessments follow the Assessment Act than 5 million properties in Ontario, of all and other legislation and regulations set by types(residential, business and farms), the Government of Ontario. We also have representing$2.78 trillion in property value. a Board of Directors made up of provincial, We take property assessment seriously __ ... - municipal and taxpayer representatives. because it's the part we play in helping to - . • make the communities we all live in stronger. w MPAC's expertise is in property assessment, , ' y customer service and technology. It is these components of MPAC's work that make our contribution to Ontario so valuable. — — -a Learn more at: mpac mpac.ca 2018 YEAR-END ASSESSMENT REPORT I 3 Responsible for assessing and Introduction classifying more than Ontario municipalities rely on MPAC to provide expert opinions on the 5 M I L L I O N value of properties in our communities. We understand that turning these opinions into assessments goes beyond the determination of values. properties in Ontario The work we do includes producing the products and services you require to understand, maintain and support your assessment base, such as property data, phase-in, classification, new assessment and appeals. The 2018 Year-End Assessment Report provides an update on these items. Representing The Property Assessment Cycle in Ontario Purpose of This Report We update the assessment of every property in Ontario We have prepared this report to assist you in understanding $ 2 78 T every four years to capture changes to properties and the changes in your assessment base to inform ongoing budget • real estate market. and tax policy planning.The report also provides an update on the work we have undertaken over the course of 2018 to in property value While the effective valuation date of January 1,2016 remains deliver an updated and stable Assessment Roll. constant during the four-year cycle,we are responsible for providing an updated annual Assessment Roll to each In addition,the report shares our plan for the next municipality that includes: Assessment Update in 2020,which will provide property - Changes to property ownership values for the 2021-2024 property tax years. Changes to state and condition of a property Updates to the assessed value and classification Attached to this report are two municipal-level • New construction, demolitions and consolidations assessment snapshots: We delivered • Requests for Reconsideration (RfR)and Assessment more than Review Board (ARB)decisions 1. Assessment Change Summary Provides the updated 2016 current value assessment In advance of the 2019 property tax year,we delivered more (destination)and a comparison of the phased-in than 800,000 Property Assessment Notices to property assessments for the 2018 and 2019 tax years 8003000 owners across Ontario where there was a change in property Property ownership or value.Your municipality also recently received 2.Assessment Base Distribution the 2018 Assessment Roll for the 2019 property tax year Compares the distribution of the total 2018 and 2019 Assessment and the electronic Year-End Tax File.This file includes the phased-in assessments and includes the percentage of the - - updates we made during 2018 to keep your Roll current. total assessment base by property class Notices 2018 YEAR-END ASSESSMENT REPORT 14 2018 Highlights 2018 Our assessments support the collection of nearly$20 billion in municipal NEW ASSESSMENT taxes annually. We understand how important our work is to you, which BY ZONE is why we offer a range of services that enables you to understand and ZONE 7 employ those values. No two assessment bases are the same. As such, we $618M understand the need to share insights and develop understanding with all municipalities about how markets and communities are changing. ZONE 6 $3.38B Maintaining Your Annual Assessment Roll construction or additions to existing property ZONE 5 ZONE 3 Having accurate and timely data is critical to and accurate forecasting of new assessment $3.64B $8.53B the assessment process.Throughout the year, were identified as key municipal priorities and ilippi ZONE 4 we complete regular quality control processes. are included in our Service Level Agreement $8.038 Specifically,we review assessments and property with municipalities. 1I4P classification changes received through: zoNE 2 iiir > Building permits New Assessment Forecasting ZONE 1 $9'1 Vacancy applications A significant change in 2018 was the presentation $4'998 Tax applications of the quarterly new assessment forecast and Subdivision plans our commitment to capture a minimum of 85% of all new assessment within one year of This ensures information is both current and occupancy, based on availability of information We delivered accurate.This ongoing assessment work from your municipality. provides confidence that the information in your more than Assessment Roll is reliable and ready to support The other important change in 2018 came from your budget and tax planning. you,our municipal partners. $ 38 billion New Assessment This year,we started delivering new assessment In 2018,we delivered more than $38 billion in new progress reports on a quarterly basis to in new assessment to assessment to municipalities across the province. support ongoing dialogue between MPAC and We successfully processed more than 85%of this municipalities about current and future growth municipalities across new assessment within one year of occupancy. trends and to provide a better sense of future Timely processing of new assessment from new taxable amounts. the province 2018 YEAR-END ASSESSMENT REPORT I 5 From January 1 to October 31, 2018, MPAC completed a total of 27,917 2018 TOTAL Requests for Reconsideration NUMBER OF COMPLETED APPEALS BY ZONE ZONE 7 914 Requests for ZONE 2,646 Reconsideration and Appeals ZONE ZONE 945 j 1,937 Another important activity we continue to work on throughout the four-year assessment Apo ZONE 4 cycle is responding to and processing assessment changes because of Requests for 4,403 Reconsideration (RfR) and Assessment Review Board (ARB) appeal outcomes. 4,'" This information is applied to your Assessment Roll throughout the year as part of our ZONE 2 ongoing efforts to maintain and deliver stable Assessment Rolls. ZONE 1 ia° 1,790 We co ntinue to work closely with the ARB and other parties,providing impartial,expert opinions to support the appeal process. We have seen a steady decrease in the We have seen a number of RfRs and appeals; since 2009I steady decrease the number of RfRs filed has decreased by 50%and the number of appeals has in the number of decreased by 40%. 2009 2013 2017 2009 2013 2017 RfRs and appeals We will continue to work with the ARB and Requests for Reconsideration Appeals since 2009 other parties to improve the efficiency and effectiveness of the appeals process,with the 2009,2013 and 2017 represent the first tax year of the last three goal of reducing the time to resolve appeals. Assessment Updates,when the majority of appeals are filed. 2018 YEAR-END ASSESSMENT REPORT I 6 We have met 96% of all service levels Service Level Agreement . , , . „,,, ( SLA) ,, , ,:, . , , k1))1 , ,,__, The service levels in the SLA represent the most ,, important MPAC deliverables as identified by you, I , our municipal partners. The SLA itself defines high I. � 4performance standards in key service areas; outlines iI c the roles, responsibilities and dependencies of both parties - reinforcing our shared accountability. , \ t /_ - " ( - r 1' We implemented the SLA in 2017,and the end of 2018 marks a ` , I \,,t_ \ _ : ii full year of measuring against these service levels. In 2018,we also launched the SLA Reporting Tool in Municipal ;' ' - + ,�! Connect to offer an at-a-glance snapshot to guide discussions around SLA objectives, help improve service delivery andI promote shared accountability.At the end of our first year, T-,. i , r MPAC is happy to report that we have met 96% of all service I. � ,levels and have worked closely with municipalities, including4..' f ", remedial action,when service levels have not been met. s, - _ (r - 6 2018 YEAR-END ASSESSMENT REPORT I 7 Looking Ahead 71P -04, to the Next 1 • r Assessment Update ' - A key change leading up to the 2020 Assessment Update. is the new valuation date of JanuarY 1, 2019, passed into legislation by the Province of Ontario. This is two years in advance of the first tax year to which the Assessment Update , 2-. will will apply. In the previous Assessment Update, the valuation f date preceded the first tax year by one year. -' The four-year phase-in program remains in place, meaning values will ' ticill. be effective for the 2021 to 2024 property tax years.As in the past, all42 i assessment increases are phased in over four years and assessment / +� decreases are applied immediately. i .\ The earlier valuation date increases the availability of data used to prepare valuations and will provide more time to consult and share preliminary 1 / o' market insights when our engagement activities begin in earnest in 2020. 11 t-`$ y ::/v.A._ . This will enable MPAC and stakeholders to identify and resolve potential ; issues before the return of the Roll in December 2020. ' , _ 2012 2016 2020 ' N. ,�: . ei • 2013-2016 2017-2020 2021-2024 Tax Years Tax Years Tax Years s January 1, 2012 January 1, 2016 January 1, 2019 (Valuation date) (Valuation date) (Valuation date) 2018 YEAR-END ASSESSMENT REPORT I 8 L..-. 4. , .7 ''r , ' s'100 Conclusion ; -1 \ , , , I \ , At the core of our new 2017-2020 Strategic Plan is the ,,_ ,_ , ( ' , _ r, aQr�' ' 4 , theme"Valuing What Matters Most." For municipalities, ,. ` r a we value building the customer and municipal .— relationship. This means enhancing the transparency 1 _ ' .; _ �; • of new assessment forecasts, processing assessment I adjustments in a timely way, ensuring traceability E �� !1 and transparency in our assessment valuation and _ ,''w methodology, and keeping stakeholders apprised of -0 ,_ changes in the market that may impact property values. ik 1 i Through greater collaboration between MPAC and municipalities, t we remain committed to continuously improving our service, and -- - 1 — L we encourage you to share your feedback with us on the delivery of — ,' 4 our products and services. i I L61 a • Your local Municipal and Stakeholder Relations team is available -yr- to support you with any of our products or services. Please , i00 contact your Regional Manager,Account Manager, or Account III% ,, lliik Support Coordinator if you have any questions or would like more �� information about this report. / 41116E _ ---- 2018 YEAR-END ASSESSMENT REPORT I 9 MUNICIPAL APPENDIX 1 mpac A55EP5ER5PR❑ MENT Assessment Change Summary by Property Class CORP❑RATION Municipality of Bayham The following chart provides a comparison of the total assessment for the 2016 base years, as well as a comparison of the assessment change for 2018 and 2019 property tax year by property class. Percent Change Property Class/Realty Tax Class 2016 Full CVA 2018 Phased-in CVA 2019 Phased-in CVA 2018 to 2019 R Residential 548,324,300 520,654,387 534,489,343 2.7% M Multi-Residential 4,773,000 4,675,502 4,724,251 1.0% C Commercial 16,409,300 15,355,297 15,882,299 3.4% X Commercial (New Construction) 6,002,000 5,763,329 5,882,664 2.1% I Industrial 8,332,900 8,030,483 8,181,692 1.9% J Industrial (New Construction) 3,888,600 3,767,302 3,827,951 1.6% P Pipeline 11,062,000 10,559,373 10,810,687 2.4% F Farm 383,662,700 298,230,750 340,946,727 14.3% T Managed Forests 2,789,300 2,072,502 2,430,902 17.3% (PIL) R Residential 9,188,200 8,874,750 9,031,475 1.8% (PIL)C Commercial 10,196,600 9,842,180 10,019,390 1.8% E Exempt 20,627,000 18,375,589 19,501,296 6.1% TOTAL 1,025,255,900 906,201,444 965,728,677 6.6% MUNICIPAL APPENDIX 2 mpac A55EP5EPR❑ R5MENT Assessment Base Distribution Summary by Property Class CORP❑RATION Municipality of Bayham The following chart provides a comparison of the distribution of the total assessment for the 2016 base year, and the 2018 and 2019 phased-in assessment which includes the percentage of the total assessment base by property class. Property Class/Realty Tax Class 2016 Full CVA Percentage of 2018 Phased-in CVA Percentage of 2019 Phased-in CVA Percentage of Total 2016 CVA Total 2018 CVA Total 2019 CVA R Residential 548,324,300 53.5% 520,654,387 57.5% 534,489,343 55.3% M Multi-Residential 4,773,000 0.5% 4,675,502 0.5% 4,724,251 0.5% C Commercial 16,409,300 1.6% 15,355,297 1.7% 15,882,299 1.6% X Commercial (New Construction) 6,002,000 0.6% 5,763,329 0.6% 5,882,664 0.6% I Industrial 8,332,900 0.8% 8,030,483 0.9% 8,181,692 0.8% J Industrial (New Construction) 3,888,600 0.4% 3,767,302 0.4% 3,827,951 0.4% P Pipeline 11,062,000 1.1% 10,559,373 1.2% 10,810,687 1.1% F Farm 383,662,700 37.4% 298,230,750 32.9% 340,946,727 35.3% T Managed Forests 2,789,300 0.3% 2,072,502 0.2% 2,430,902 0.3% (PIL) R Residential 9,188,200 0.9% 8,874,750 1.0% 9,031,475 0.9% (PIL)C Commercial 10,196,600 1.0% 9,842,180 1.1% 10,019,390 1.0% E Exempt 20,627,000 2.0% 18,375,589 2.0% 19,501,296 1 2.0% TOTAL 1,025,255,900 100% 906,201,444 100% 965,728,677 100% $AY REPORT -- � .' TREASURY DEPARTMENT*/ 4"'u41'tunity I9�oN► TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: January 3, 2019 REPORT: TR-02/19 SUBJECT: Interim Tax Levy and Borrowing By-Laws BACKGROUND: In order to manage the yearly cash flows of the municipality's operations it is important to enact two standard by-laws at the beginning of each fiscal year. These by-laws deal with the following: a) Establishment of an Interim Tax Levy. This allows the levy and collection of an interim tax on properties, prior to a budget for the year being approved by Council. b) Authorization of the borrowing of temporary funds, to meet the operational expenditures each year, prior to tax and other revenues being received by the Municipality, if necessary. RECOMMENDATION 1. THAT Report TR-02/19 re Interim Tax Levy and Borrowing By-laws be received for information; 2. AND THAT Council direct staff to bring forward By-law No. 2019-001, being a by-law to provide for an interim tax levy for 2019, for Council consideration. 3. AND THAT Council direct staff to bring forward By-law No. 2019-002, being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2019, for Council consideration. Respectfully submitted, Reviewed by, 1 Lorne James, CPA, CA Pau Ship, -•`, CAO INNICHA4 Ajw% REPORT ► o icy CAO "la °i'tunity IS.Co�► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: January 3, 2019 REPORT: CAO-01/19 SUBJECT: CAPITAL ITEM NO. GG-1 MARKET ANALYSIS BACKGROUND: On December 21, 2017 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2017-127, being a by-law to adopt the Municipality of Bayham Personnel Policy Manual. The subject Municipality of Bayham Personnel Policy Manual has been in force and effect since 2015. On October 1, 2018 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report TR-13/18 re 2019-2028 Capital Budget— Draft be received for information; AND THAT Council approve in principle the 2019-2028 Capital Budget. The 2019 Capital Budget includes Capital Item No. GG-1 Market Analysis in the amount of $15,000. DISCUSSION Pursuant to the Municipality of Bayham Personnel Policy, the Municipality of Bayham Compensation Philosophy the Municipality of Bayham will normally conduct a market check every four years which includes: • 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. The Municipality of Bayham operates with an extremely lean staffing composition across the entire Corporation in all service areas. Additionally, from 2019-2023, 25% of the municipal workforce is eligible for retirement. As a result, the Municipality of Bayham compensation philosophy is critical for both retention and attraction purposes. In 2014 Ward & Uptigrove won a competitive procurement process to conduct an organizational review, inclusive of Municipality of Bayham Personnel Policy Manual, Job Descriptions, Market Analysis and Pay Equity assessment. Since 2014 Ward & Uptigrove has provided the Municipality of Bayham with human resources related professional assistance. Specifically, Job Evaluations and Pay Equity Evaluations, through the design and maintenance of a job evaluation tool. Due to the immense corporate knowledge Ward & Uptigrove has pertaining to the Municipality of Bayham and the Municipality of Bayham Digital Knowledge Database (Laserfiche) staff would respectfully recommend proceeding with the proposed Ward & Uptigrove scope of work as follows: • Research and recommend 15 comparators. Start with the same 13 comparators used for the 2014 market check. Council to approve 2019 comparators. • Gather and organize market data and hours of work from the participating 2019 comparators o 11 non-union positions o 10 union positions o 5 Councilors • Gather corporate mileage rates from participating comparators • Roll up valid market data and final Job Evaluations to into a market adjusted 2019 pay band inclusive of confirmation of the three (3) pay equities external, internal and statutory. • Statutory Pay Equity review of market adjusted 2019 Bayham Pay Bands • Report to Council with procedures completed and results of project The above scope of work includes capturing valuable comparator information for upcoming collective agreement negotiations. Ward & Uptigrove proposes to complete the above noted scope of work for$12,500+HST. RECOMMENDATION 1. THAT Report CAO-01/19 re Capital Item No. GG-1 Market Analysis be received for information; 2. AND THAT Council approve the scope of work presented in Report CAO-01/19 by Ward and Uptigrove in the amount of$12,500+HST. Respectfully Submitted by: Paul Shipway CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-093 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE BRANCH 'A' OF THE NO. 1 MUNICIPAL DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lots 129 - 132, Concessions 6 and 7, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 218030, prepared by Spriet Associates, dated October 17, 2018, which is attached hereto as Schedule "A", and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $147,000.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No.218030, dated October 17, 2018 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$147,000.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. By-law No. 2018-093 -2 - A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of$0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the "Fernley Municipal Drain Improvements". READ A FIRST AND SECOND TIME this 15th day of November, 2018 and provisionally adopted this 15th day of November, 2018. 4.2tdgit,9 MAYOR CL K READ A THIRD TIME AND FINALLY PASSED this day of MAYOR CLERK COURT OF REVISION — MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law#2018-093 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on December 20, 2018 at 8:00 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. II Date of mailing /J.I /yaLeJ c�Oido/,?? r RK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-001 A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY WHEREAS Section 317 of The Municipal Act, 2001, Chapter 25, S.O. 2001, as amended, provides for an interim levy for 2017 on the assessment of property in the municipality rateable for local municipal purposes, subject to certain restrictions; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable and expedient that such a levy should be made; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. That for the year 2019, the interim tax levying amounts to be levied, raised and collected on all real property taxable within the residential, farmland, pipeline, multi-residential, commercial and industrial classes, and liable to pay the same according to the last revised assessment roll, shall be fifty (50) percent (%) of the total amount of annualised taxes for municipal and school purposes levied on the property for the previous year, that is for the year 2018. 2. The said interim tax levying amounts shall be due and payable in two instalments at the Municipality of Bayham Office at 56169 Heritage Line, Straffordville, on or before the following dates: FIRST INSTALMENT February 28, 2019 SECOND INSTALMENT May 24, 2019 Notice of such taxes due shall be sent by first class mail by the Tax Collector to those persons or firms liable for the payment of taxes. 5. That a charge as a penalty of one and one-quarter per cent on the amount of any outstanding taxes levied in 2019 shall be made on the first day of each calendar month thereafter in which default continues, until December 31st 2019, and any such additional amount shall be levied and collected in the same manner as if it had been originally imposed with and formed part of such levy. 6. That interest of one and one-quarter per cent on the amount of any taxes due and unpaid after December 31, 2019, shall be charged on the first day of each calendar month thereafter in which the default continues. 7. That taxes may be levied, in accordance with the provisions of this by-law on the assessment of property that is added to the assessment roll after this by-law is passed. By-law 2019-001 -2- 8. That the provisions of the Municipal Act with respect to the levy of the yearly rates and the collection of taxes apply mutatis mutandis to the levy of rates and collection of taxes under this by-law. 9. That this by-law shall become effective as of the 1st day of January 2019. READ A FIRST AND SECOND TIME this 3rd day of January 2019. READ A THIRD TIME AND FINALLY PASSED this 3rd day of January 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-002 BEING A BY-LAW TO AUTHORIZE BORROWING FROM TIME TO TIME TO MEET CURRENT EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2019. WHEREAS the Municipal Act, 2001 S.O. 2001, Chapter 25, s.407, provides authority for a council by-law to authorize temporary borrowing, until taxes are collected, and until other revenues are received, to meet the current expenditures of the municipality for the year, AND WHEREAS the total amount which may be borrowed from all sources at any one time to meet the current expenditures of the municipality, except with the approval of the Ontario Municipal Board, is limited by Section 407 of the Municipal Act, 2001. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: Borrowing 1) The head of Council and the Treasurer are hereby authorized to Authority borrow from time to time by way of promissory note or bankers' acceptance during the year 2019 (hereinafter referred to as the current year) such sums as may be necessary to meet, until the taxes are collected, and until other revenues are received, the current expenditures of the municipality and the other amounts that are set out in section 407 of the Municipal Act, 2001. Instruments 2) A promissory note or bankers' acceptance made under Section 1 shall be signed by the head of Council or such other person as is authorized by by-law to sign it and by the Treasurer. Lenders 3) The lenders from whom amounts may be borrowed under authority of this by-law shall be the Royal Bank of Canada and such other lender(s) and reserve funds of the municipality as may be determined from time to time by resolution of the Council. Limit on 4) The total amount which may be borrowed at any one time under Borrowing this by-law, together with the total of any similar borrowings that have not been repaid, shall not exceed, from January 1st until September 30th of the current year, 50 percent of the estimated revenues of the municipality as set forth in the estimates adopted for that year. Such borrowing shall not exceed, from October 1st until December 31st of the current year, 25 percent of the said estimated revenues of the municipality as set forth in the estimates adopted for that year. For purposes of this by-law, the estimated revenues of the municipality shall not include revenues derivable or derived from B/L 2019-002 -2- (a) borrowings or issues of debentures, or (b) a surplus, including arrears of levies, or (c) a transfer from the capital fund, reserve funds or reserves. Borrowing 5) The Treasurer shall, at the time when any amount is borrowed Documents under this by-law, ensure that the lender is or has been furnished Required with a certified copy of this by-law, a certified copy of the resolution mentioned in Section 3 determining the lender if applicable and a copy of the estimates of the corporation adopted for the current year and also showing the total of any other amounts borrowed from any and all sources under authority of Section 407 of the Municipal Act, 2001 that have not been repaid. When 6) If the estimates for the current year have not been adopted at the Estimates Not time an amount is borrowed under this by-law. Adopted (a) the limitation on total borrowing shall be calculated for the time being upon the estimated revenues of the municipality as set forth in the estimates adopted for the previous year. The 2018 estimated amount of revenues applicable to the limitation on total borrowing is $8.9m. Charge on 7) All or any sums borrowed under this by-law shall, with interest Revenues thereon, be a charge upon the whole of the revenues of the municipality for the current year and for any preceding years as and when such revenues are received but such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender. Directive to 8) The Treasurer is hereby authorized and directed to apply in Treasurer payment of all or any sums borrowed under this by-law, together with interest thereon, all or any of the money hereafter collected or received, either on account of or realized in respect of the taxes levied for the current year and preceding years or from any other source, which may lawfully be applied for such purpose. Effective Date 9) This by-law shall come into full force and effect upon date of passing. Read a first, second and third time and finally passed this 3rd day of January 2019. MAYOR CLERK BY-LAW NUMBER 2019-003 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. 2017-126 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 January, 2019. MAYOR CLERK v,xyHAA,z #47,14A ofit 4116.— 4e, Portunity I�4 j0 Corporation of the Municipality of Bayham Date of Council Approval: December 6, 2018 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; I) 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 1st, 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. 2018-100 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.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 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 CAOICIerk 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; I) 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; I) 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 CAOICIerk. 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 Bayham 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 CemeteryBoard 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 Cemetery Edison Cemetery Claus Cemetery Stanton Cemetery Firby Cemetery Old Eden Cemetery Old Richmond (Godwin) Cemetery Otter Valley Cemetery Estherville Cemetery Amerman Cemetery Abandoned Cemetery Hemlock Creek Cemetery Hutchison Cemetery _ 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 December 6, 2018 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. 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. Service and Operation Programming The Curator with assistance of the Board and 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 Curator. 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 Curator 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 Museums Bayham and staff shall be governed by Council through the CAOICIerk in accordance with municipal policies and procedures. The Curator will provide general direction of staff at the museums, assisted by the Board and 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. Fundraising 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 Representation One (1) Member of Council — no voting privileges Staff Representation Two (2) Staff persons — no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved December 6, 2018 Municipality of Bayham Advisory Board and Committee Profile Blue Flag Beach Advisory Committee Statutory - Discretionary Discretionary Acronym BFBAC Mandate The Blue Flag program is an international eco-label awarded to beaches and marinas. The program began in Europe in 1985 and is administered by the Foundation for Environmental Education (FEE) in Denmark. In Canada Blue Flag is operated by Environmental Defence, a national charitable organization committed to protecting the environment and human health. To be awarded a Blue Flag, the applicant must offer or promote at least five environmental education initiatives. These can include the following: • Passive participation: Exhibits, films, presentations, conferences, debates, etc. • Active participation: Guided nature walks, educational games, beach cleanups, photography or art contests, eco-scavenger hunts, etc. • Training activities: Training sessions for teachers, municipal staff, lifeguards, cleaners, summers students, etc. • Publishing and media: The production of brochures, stickers, t-shirts, interpretive signage, newsletters, books, posters, and radio broadcasts, etc. • Blue Flag Environmental Information Centre: This is where specific information about Blue Flag and environmental issues can be provided. A common meeting area can be used as an information centre, so long as it offers activities and/ or exhibitions and provides environmental information for the general public. Environmental Defence recommends collaborating with local environmental organizations or community groups such as the Long Point Region Conservation Authority or Otter Valley Naturalists; activities offered by these groups can be promoted by the Municipality at the beach and through various communications channels. Environmental education can also be undertaken by setting up tables at community events. Scheduled activities must be posted at the beach. The Municipality of Bayham Blue flag Beach Advisory Committee will meet twice annually (Spring and Fall) to discuss the management of the beach and ensure that all Blue Flag Beach criteria are being met. Composition Nine (9) members of the public including one (1) member from LPRCA, one (1) member from the Otter Valley Naturalists, if possible. 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 December 6, 2018 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Property Standards Committee Statutory - Discretionary Statutory Ontario Building Code Act, 1992 Municipal of Bayham Property Standards By-law Acronym BPSC Mandate Pursuant to the provisions of the Building Code Act the Municipality of Bayham Property Standards Committee deals with matters related to the Municipality of Bayham Property Standard By-law and the Official Plan. The Municipality of Bayham Property Standards Committee, in hearing appeals, has all the powers and functions of the officer who made the order. The Committee may do any of the following things if, in the Committee's opinion, doing so would maintain the general intent and purpose of the Municipality's Property Standards By-law and of the Official Plan or Policy Statement: 1. Confirm, modify or rescind the order to demolish or repair. 2. Extend the time for complying with the order. Membership & Responsibility When the owner or occupant, upon whom an order has been served by a Municipal Law Enforcement Officer, is not satisfied with the terms or conditions of the order, the owner or occupant may appeal to the Municipality of Bayham Property Standards Committee. The Secretary for the Committee sets a date and time for the hearing and takes the minutes of the hearing. The Committee in hearing the appeal has all the powers and functions of the enforcement officer and may confirm the order to demolish or repair or may modify or quash it, or may extend the time for compliance. The Committee's decision should uphold the intent and purpose of the Municipality of Bayham Property Standard By-law and the Official Plan. The Committee's decisions may be appealed to the Ontario Court (General Division) by the Municipality or the owner/occupant affected by such decision. The Members of the Committee elect one of themselves as Chair. Municipality of Bayham Property Standards Committee members must: • Be available to conduct site inspections of subject properties; • Be a qualified elector in the Municipality of Bayham pursuant to the Municipal Act and able to demonstrate compliance with all relevant by-laws of the Municipality, enforced by said Committee; • Be organized, available and committed to attend all Committee meetings; • Be objective, possess relevant education component or equivalent experience and have an open mind in order to fully consider the evidence provided. Remuneration is $75/meeting as called by the Secretary. (Covered by Appeal Fee) Composition Five (5) members of the public Staff Representation One (1) Staff person — no voting privileges (Secretary) Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved December 6, 2018 IN YHA 4111111111111wr 4.`" rtunity 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 committee(s): 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? OYES 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.bayham.on.ca or contact the Accessibility Coordinator at 519-866- 5521 or at accessibility©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. INNY11.44 11011illill 11 .* 4g I I"I ii.I V 14 r 1.1: rtunity 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; I 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; I 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(a�bayham.on.ca. iNxICH.44 oi to it /OA* y nity 3-9 Corporation of the Municipality of Bayham Accessibility Standards Training for Advisory Board & Committee Members Section 1 — Overview The Municipality of Bayham is committed to creating and maintaining an accessible and inclusive community for all residents. To do this, the Municipality must recognize and acknowledge the diverse needs of residents, including the needs of persons 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. 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. Section 2 -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. Section 3 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. FEEDBACK Receiving feedback on the accessibility of the Municipality's goods, services and facilities is an effective way to ensure we are the Municipality is 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: INN.YHAAt- Date: ~ Signature: 7.11 O��'oi'tu �y nzty THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-004 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND MURIEL ALBERTA/ MA'S PORT BURWELL WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Muriel Alberta / MA'S Port Burwell, for the provision of a Consession Food Booth at the Port Burwell Municipal Beach within the Municipality of Bayham 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 Muriel Alberta / MA'S Port Burwell 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 3rd DAY OF JANUARY, 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-006 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD JANURAY 3, 2019 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 January 3, 2019 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 3rd DAY OF JANUARY, 2019. MAYOR CLERK