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HomeMy WebLinkAbout2016-07-05 Minutes BOARD MEETING July 5, 2016 Sarah Jane Williams Heritage Centre 62 Temperance Street Bowmanville, Ontario Present: B. Seto M. Adams (ED) W. Woo S. Cooke K. Warren S. Middleton S. Elhajjeh Regrets: M. Morawetz O. Casimiro J. Sturdy (called 7:03) 1. Call to Order: B. Seto called the meeting to order at 7:04 p.m. 2. Adoption of Agenda: Moved by: S. Elhajjeh Seconded by: K. Warren THAT: the agenda be accepted. Addendum: B. Seto requested the addition of item on Labour Union. Confirmed agreement with change in motion: S. Elhajjeh & K. Warren. MOTION CARRIED To illuminate Clarington and its heritage through lasting and meaningful experiences with artifacts, exhibitions and programmes that inspires future generations and enlivens our community Moved by: W. Woo Seconded by: S. Cooke THAT: be added to the agenda routinely as item 11. “In Camera” providing an opportunity at each board meeting as needed. MOTION CARRIED 3. Disclosure of Interests: No interests were disclosed. 4. Correspondence: No correspondence was brought forward. 5. Announcements: W. Woo gave an update on Camp 30/Jury Lands site as an agreement with the developers has been passed by Council. The land including five of the historic buildings will be acquired by the municipality after developers Kaitlin and Fandor meet requirements including a cleanup of the property and providing security on the buildings. They will also give the municipality $500,000 for upkeep after the transition. The Jury Lands Foundation will be charged with the task of sustaining the buildings and grounds afterwards. (See attachment for Press Release from the Municipality). 6. Approval of Minutes: Moved by: W. Woo Seconded by: S. Cooke THAT: the Board meeting of June 8, 2016 minutes be approved as submitted with the correction that J. Sturdy did not send regrets prior to the meeting as stated. MOTION CARRIED 7. Business Arising from Minutes: None brought forward. 8. Executive Director’s Report: M. Adams reported (as recorded by acting secretary K. Warren): Attendance numbers are up for this year as compared to same time last year Canada Day was very successful, although numbers were not as high as last year due to the predicted rain for the day. The event ran much more smoothly than last year and the municipality’s involvement was also much more streamlined. Gift shop sales were great during Canada Day and overall are more cost effective than last year so financially there is more success this year CMOG grant has been files and the audit from the municipality has come in and been sent on to CMOG. They have notified receipt of that audit Veterans Affairs $5000 grant reported previously has come in & is in the bank account Jen Stein is back from maternity leave Manual ledgers have been digitized and are all backed up now. Some data from 2012 was not uploaded correctly and needs to be redone 2000+ dolls are in the collection; 50% have come from outside Clarington including 13 or 14 different multiple donations now part of this collection. W. Woo inquired about partner events from last month including Doors Open Clarington and the Racing Expo at Garnet B. Rickard arena during Rotary Ribs N Brews. M. Adams reported that the museum did not participate in Doors Open Clarington as planned. The display was to be focused on a plow in the collection which turned out to be built at the Toronto Massey Factory rather than in Newcastle. It was decided not to provide a display because a plow from Newcastle was already on display. The museum provided access for Doors Open members to do research for the event and a staff member to assist at the Massey Building site for Doors Open on event day. The museum focused on current displays at the museum and the Clarington Racing Expo. 2800 people came through the Racing Expo; Rotary Club made money on its very successful event. Canadian Tire Motorsport was at the expo and were quite impressed with the museum display. Bowmanville Rotary event Chair, Kevin Anyan, and other Rotarians reported thoroughly enjoying the display. Moved by: K. Warren Seconded by: S. Elhajjeh THAT: the Executive Director’s report be accepted as submitted. MOTION CARRIED 9. Committee Reports: a) Finance Report – B. Seto reported as O. Casimiro was absent. $16600 has been spent out of the operating funds on new cabinets. Discussion followed on a question of why this expense did not come out of Farr funds as expected. M. Adams stated he has not yet allocated where the Farr funds will be used. S. Cooke asked for a summary of the expenses from the Farr donation and for the amount still available. Discussion diverged with no specific answer given. The discussion was tabled and will be brought forward again at the next meeting. Moved by: K. Warren Seconded by: S. Elhajjeh THAT: the Finance Committee report be accepted as presented. MOTION CARRIED b) Collections Report – The doll collection has been examined and there are over 2000 in the collection. The budget for collection management needs to be set up to include money for a research section. Funds can be raised to accommodate that. M. Adams mentioned that perhaps collections could be absorbed by the curator and Executive Director instead of needing a committee. Moved by: W. Woo Seconded by: S. Elhajjeh THAT: the Collections Committee report be accepted as presented. MOTION CARRIED c) Membership Report – M. Adams reported that numbers are up over the same time last year. Moved by: S. Cooke Seconded by: K. Warren THAT: the Membership Committee report be accepted as presented. MOTION CARRIED d) Facilities Report – The air conditioning at the Sarah Jane building is being replaced due to noise and noise complaints by neighbours. The assessment done showed above acceptable decibel levels. The boiler in the Bowmanville Museum building is still to be replaced but will be done soon. Moved by: S. Middleton Seconded by: K. Warren THAT: the Facility Committee report be accepted as presented. MOTION CARRIED e) Municipal Heritage Committee Report – no report given. 10. New Business: a) Expense & Travel Policy – B. Seto spoke to revisions that she drafted after reviewing the draft of 4.5 Expense & Travel Policy dealing with reimbursements distributed at the last meeting by M. Adams, and circulated them to board members. Discussion followed regarding what the CRA rate of mileage states & includes; board members agreed that the standard should be followed. 8:07 p.m. B. Seto relinquished chair to W. Woo to participate more fully in motions regarding the revisions prepared. S. Middleton offered that a possible way to handle remote display set up would be to use some sort of fine arts truck for larger event transportation to offset wear and tear on personal vehicles. B. Seto stated she is not comfortable with the additional $1500 vehicle maintenance per year addition included in the draft expense policy and CRA does not specify one; maintenance is included in the CRA mileage calculation. S. Elhajjeh stated at times the CRA rate recommendation even decreases after a certain number of kilometers. S. Cooke suggested a budget line item be included in future for rental vehicle expenses to allow for events when bigger transportation issues, which should be evident in yearly plans, need to be managed. K. Warren agreed the CRA rate should cover expenses and noted that the CRA website states that anything paid beyond the CRA rate must be reported as taxable income. W. Woo agreed that rental vehicles would be a good strategy for handling larger event set up. Moved by: B. Seto Seconded by: S. Cooke THAT: the reimbursement rate for the 4.5 Expense & Travel Policy be set at CRA recommendations and the additional $1500 allowance recommended be removed from the policy. In addition, the presented 9 point “personal vehicle use for business” become the standard instead of the draft verbiage “use of employee owned automobile for business use”. MOTION CARRIED For Reference: 9 Point “Personal Vehicle Use for Business” as presented for approval: 1. It is the responsibility of the driver to ensure that adequate insurance is in place for the use of a personal vehicle for a Museum related activity. Coverage should be equal to or greater than the minimum specified in the Insurance Act. Drivers must satisfy themselves as to whether or not their motor vehicle insurance coverage should include business use of their vehicle. 2. Personal vehicles are not covered by the Museum insurance policy. 3. The Museum will not reimburse for cost of business use coverage or collision and liability coverage or any other costs associated with a personal vehicle, except for the car allowance allocated on a per kilometer basis or gas usage based on receipts. 4. In the event of a claim, the owner of the vehicle will be required to approach his/her own insurer for reimbursement of expenses. 5. All costs incurred as the result of a collision or other physical damage to a personal vehicle is the responsibility of the driver and are not reimbursable. Such costs may include but are not limited to: increases to premiums on driver's license, insurance costs and deductibles. 6. No reimbursement can be made for travel to and from an employee's residence and normal place of business. 7. The standard is that a personally owned vehicle may be used for trips up to 500km in round trip length. For longer trips a traveller may elect to use his or her own vehicle, but reimbursement for kilometrage will be limited to the equivalent least expensive mode of transportation to and from that destination. 8. All car expenses are covered by the CRA kilometrage rate including maintenance, repair, towing and fuel cost. Additional charges for parking and highway tolls while on Museum business are eligible expenses. 9. All parking, speeding and other traffic fines are ineligible expenses. Moved by: S. Middleton Seconded by: K. Warren THAT: the 9 point section for “Accommodation” provided by B. Seto replace the draft accommodation section. MOTION CARRIED For Reference: 9 Point “Accommodation” as presented for approval: 1. Staff should use the most economical accommodation available (generally a standard quality hotel room) that is convenient to the event being attended. 2. No reimbursement will be made for suites, executive floors, or concierge levels. 3. Staff is responsible for all room charges and must review the hotel bill carefully to ensure charges are correct. 4. A detailed copy of the hotel bill must be attached to the expense report. 5. Staff will not be reimbursed for entertainment, valet, pay TV or movies, alcohol or special facility charges (e.g. fitness clubs). Laundry provided at the hotel is only allowable for reimbursement if the trip is longer than five or more days. 6. Long-distance business and personal calls are reimbursed, however discretion should be used in the frequency and length. Reimbursement will be made for reasonable costs for necessary personal calls home for each night away. 7. Standard tips and gratuities are reimbursable but must be documented on the expense report. 8. Additional business expenses not otherwise covered will be reimbursed, such as computer access charges, photocopying, word processing services, facsimile transmissions, provided the charges incurred are reasonable and related to Museum business. 9. The Museum expects discretion to be applied with any expenses incurred and reserves the right to limit reimbursement to reasonable costs. Moved by: B. Seto Seconded by: S. Middleton THAT: be added to the policy, “in cash advance” as suggested by B. Seto. Cash Advances: (as new section) Cash advances are restricted and only issued for when travel will extend longer than two days. In all cases, employees should use their corporate credit card or if a corporate card is not available, use a personal card and claim reimbursement upon their return. If there are exceptional circumstances warranting a cash advance for travel and non- travel purposes, cash advance is limited to $100 per day and full accounting should be provided within five business days. MOTION CARRIED Moved by: B. Seto Seconded by: K. Warren THAT: be included in the existing automobile/vehicle rental portion of the policy, the following “only the driver authorized by the rental agency may operate the vehicle, & driver must adhere to all rules & regulations of the rental agreement”. MOTION CARRIED Moved by: K. Warren Seconded by: B. Seto THAT: be added to the “business meals” section of the policy, the 5 points provided for discussion by B. Seto. For Reference: 5 Points “Business Meals” as presented for approval: 1. It is the responsibility of the employee to ensure that there are approved funds available for expenditure on hospitality and working meals. Actual costs may be claimed for meals on Museum business related trips. Meals while attending a conference, seminar, workshop, or other appropriate business purposes may be expensed using the CRA guidelines. 2. Expenses incurred in relation to the following events are considered to be personal in nature and therefore not reimbursable: parties or meals for birthdays, weddings, births, showers, and other similar occasions. 3. If travel is a regular part of the claimant's job, meals will not normally be reimbursed unless a prior approval is obtained. 4. After-hours meals between two or more employees without a clear business purpose which ordinarily could be conducted during normal working hours are not reimbursable. 5. Employees required to work in excess of two (2) hours past their normal quitting time or when called in for more than two (2) hours, may claim meal expenses, with receipts, using the CRA guidelines. Please note that it is not permitted to claim meals when at a conference, seminar or workshop if the fees include a meal component. Reasonable gratuity usually 15% will be reimbursed. Alcohol cannot be claimed and will not be reimbursed as part of a business, travel or meal expenses. MOTION CARRIED Moved by: K. Warren Seconded by: B. Seto THAT: be added to the hospitality section “Alcohol cannot be claimed and will not be reimbursed as part of hospitality”. MOTION CARRIED Moved by: S. Cooke Seconded by: S. Middleton THAT: strike the point in the draft policy “gifts section” regarding holiday gifts for staff. MOTION CARRIED Moved by: K. Warren Seconded by: B. Seto THAT: be removed entirely the section in draft policy for “alcoholic beverages”. MOTION CARRIED Moved by: K. Warren Seconded by: B. Seto THAT: to accept 4.5 Expense & Travel Policy for reimbursements as amended. MOTION CARRIED 9:11 p.m. W. Woo returns command of the chair to B. Seto. 9:11 p.m. As per motion presented earlier in the meeting, a regular “In Camera” session was held. 9:28 p.m. End “In Camera” session after discussion on a personnel issue. b) Labour Union Update – M. Adams stated that union labour fees will be due during summer hiatus and asked for direction. Moved by: K. Warren Seconded by: W. Woo THAT: M. Adams continue to use the services of Michael Smyth of Hicks Morley Law Firm. MOTION CARRIED 11. Date and Place of Next Board Meeting To be determined as needed or to resume in September on Wed 14th as per usual procedures. Location to be announced. 12. Adjournment: K. Warren moved the meeting be adjourned at 9:35 p.m. Minutes for the meeting of the Clarington Museums and Archives Board have been accepted and approved on ____________________________________ _____________________________________ _______________________________________ Chair, Executive Director, Clarington Museums and Archives Board Clarington Museums and Archives SPECIAL MEETING OF THE BOARD: UNIONIZATION UPDATE July 27, 2016 Sarah Jane Williams Heritage Centre 62 Temperance Street Bowmanville, Ontario Present: B. Seto M. Adams (ED) W. Woo S. Cooke K. Warren S. Middleton Regrets: M. Morawetz O. Casimiro J. Sturdy Not Attending: S. Elhajjeh 1. Call to Order: B. Seto called the meeting to order at 7:08 p.m. 2. Unionization Update: M. Adams reported that the initial vote to unionize was held off site by staff. The consulting lawyer stated this was common practice. A 40% vote in favour is required to start moving forward with unionization and that was met. Chronology: Wednesday, June 15 2016 before the scheduled following Monday vote, M. Adams was notified that there was a 5 pm deadline for the same day, to To illuminate Clarington and its heritage through lasting and meaningful experiences with artifacts, exhibitions and programmes that inspires future generations and enlivens our community fill out paperwork regarding the Museum’s side. Also noted by lawyer as a common strategy. M. Adams and the consulting lawyer, Michael S. Smyth of Hicks Morley Hamilton Stewart Storie LLP, Toronto, met with the union facilitator in Toronto to go over two points: 1) who is considered to be part of the management of the museum? - determination: Curator is management along with Executive Director. Programmer is less clear but the lawyer advised that this position be given up to the union with the stipulation that the job description will be reworked and may not always fall into that category (the lawyer has minutes on this meeting) 2) what is the official name of the museum for paperwork reasons? - determination: Clarington Museum & Archives The process that has been followed has been accepted as the correct course by the municipal HR department. S. Cooke stated that the whole board, not just the executive, should be part of all communication regarding the union from this point forward. Consensus. B. Seto confirmed that the executive was notified promptly by M. Adams when he received notification June 15, and stated that she thought it was appropriate that a board meeting not be called until the vote of union certification took place. It was noted that O. Casimiro had requested a meeting prior to the vote. Chronology Continued: M. Adams continued to review timeline of all activity. As noted, Wed June 15 he was notified and responded with an email to the executive and with required paperwork prior to the 5 pm deadline that day. M. Adams stated that he agreed with the discussion at this meeting that the whole board should be part of the communications regarding the unionization application and process, and in future would notify all board members along with executive regarding this matter, but had proceeded June 15th as directed by Chair, B. Seto. Monday the vote took place as prescheduled. Thursday at the regular staff meeting, M. Adams addressed what a union is in a prepared statement of facts provided to him by the consulting lawyer. Board members also received a copy of this communication by email (attached). Next Steps: Process is to have a negotiation meeting at which time the union can state what demands are being presented. Consulting lawyer advised M. Adams that he needs a mandate from the board to set up the bargaining team. No meeting date with the union has been determined at the time of this special meeting of the board. W. Woo presented a paper drawn up by the Municipality HR department in consultation with the Municipality Solicitor. Moved by: W. Woo Seconded by: S. Cooke THAT: Municipal Staff and Legal Counsel, Hicks Morley, be requested to meet with the Executive Director, and thereafter provide advice to the Clarington Museum Board respecting the implications of the Union Certification and the appropriate steps to be taken going forward; and THAT: any documentation provided to the Museum Board respecting such matters be provided to Municipal Council and the Municipal Clerk. MOTION CARRIED 7:36 pm W. Woo circulated the OLRB Certification Notice (OLRB Case No.: 0746-16- R) (attached) that Council received but had not been informed about beforehand by M. Adams, in an effort to point out that not everyone (board members and members of Council) was apprised of the unionization. He restated that we must be more proactive in making sure all of the board and the municipality is informed at the same time on matters of this importance. W. Woo, at the request of S. Cooke, checked the bylaws to see what positions on the board also sit as the executive for the Museum Board. It was determined that there needs to be 2 members from the board appointed to the executive at this time, and also noted that vice chair is still to be elected and would also sit on the executive. Discussion followed on potential items of staff concern. B. Seto asked how frequently staff meetings are held, and when discussions regarding maternity leave coverage and expectations afterward were had. M. Adams stated that he held a meeting with staff members before any duties were altered to help cover tasks during maternity leaves, and that staff were aware that their hours and pay would return to original rates after the maternity leaves were over. They were also told that he would sit down with them again after the term, for discussions. M. Adams reminded board members that any job description changes must be approved by the board. S. Middleton asked if part time staff have a benefit system in place or if anyone working part time might have qualified for them due to number of hours worked. His concern was if any were overlooked when or if benefits could have been awarded. M. Adams stated that he has kept assignments within allowable hours. M. Adams requested that someone from Municipality HR be at the first meeting with the union. All present agree. Upcoming Meetings and Expectations of M. Adams and of Board Members: 1) M. Adams will meet with Municipality Solicitor & Legal Depart. 2) M. Adams will follow up with update to Board members. 3) A formal board meeting will be called to decide who will attend the negotiation meeting with the union. 4) Union meeting will take place with M. Adams and determined team to hear the demands. M. Adams brought forward the bill for fees from the consulting lawyer thus far, due end of August $5179.36. Rate is $515/hour with estimated total by end of the process at $8000. M. Adams was directed to pay the current bill. M. Adams will email the board the confidential email from the lawyer and the Q&A sheet that he had drawn up for M. Adams to present to the staff at the meeting held just prior to the vote. (both attached) S. Middleton requested that the next “emergency” meeting be specified as such rather than “special” so that all members of the board are aware of the importance of attending if at all possible. Motion to adjourn by K. Warren at 9:11 pm. Minutes for the meeting of the Clarington Museum and Archives Board have been accepted and approved on accepted and accepted and approved on _________________________________________ _____________________________________ _______________________________________ Chair, Executive Director, Clarington Museums and Archives Board Clarington Museums and Archives