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HomeMy WebLinkAboutAdmin 36-85U/ a (d) CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET [File No.-. BOWMANVILLE, ONTARIO LiC3A6 TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING HELD JUNE 17 1985 ADMIN. 36 - 85 SUBJECT: PUBLIC LIBRARIES ACT 1984 (BILL 93) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Administrator's report ADMIN. 36 - 85 be received; 2. That a by-law be presented to Council for adoption which implements the following: a) Establishes the size of the Library Board at nine members; b) Provides for the appointment of one member of Council; c) Provides authority to the Chief Executive Officer of the Library Board (The Chief Librarian) to call the first meeting of the Library Board in each new term; d) Provides for the submission of the Library Board's budget by no later than January 20th of each year; e) Provides the format of the budget as providing two figures, an operating budget and a capital budget; and 3. That the Library Board be advised of Council's actions and thanked for the input on Bill 93. BACKGROUND AND COMMENT: Bill 93 was given third reading on December 11th 1984. The changes that were implemented in the Act required that the Council of the Corporation of the Town of Newcastle decide upon a form and composition of the Library Board and the manner in which budgets are to be presented ADMIN. 36 - 85 -2- Section 9.1 of the Public Libraries Act provides for the Council of the Municipality to decide upon the size of the Board provided that there is at least five members and no more than nine. It is being recommended with the concurrence of the Newcastle Public Library Board that the size of the Board be established at nine, which is the current size. Section 9 (2) of the Public Libraries Act provides for Council to establish by by-law the composition of the Board. Council must decide on whether they wish to appoint members from the general public or members of Council or a combination thereof. If Council decides to appoint members of Council to the Board, such appointees cannot compose a majority of members but must be one less than the majority of the total Board membership. Currently the Mayor serves as the representative of Council on the Library Board. It is being recommended with the Board's concurrence that Council provide by by-law for the appointment of one Council member to serve on the Newcastle Public Library Board and that other appointees be from the public at large. It should be noted that Section 9 (3) of the Act provides for representation on the Board from the public and separate school board systems. Council is required to appoint three members which have to be nominees by the Boards. In the case of the Town of Newcastle, Council is required to appoint by by-law two members which are recommended by the Board of Education, and one member which is recommended by the Separate School Board. Council cannot appoint these three individuals without first having received a recommendation to do so from the appropriate Public or Separate School Board. ADMIN. 36 - 85 While not requiring any action of this Council, it should be noted that the term of office of Library Board members has been changed by the Act from a rotation system to a term which is concurrent with the term of the appointing Council. Section 10 (4) provides fcr the timing of the making of appointments. After the initial by-law has been enacted, subsequent membership must be appointed at the first meeting of Council in each term. I£ the Council fails to make the appointments at the first meeting, it shall do so at the next regular meeting. As such, it is important for staff to receive from the Board of Education and the Separate.School Board their nominees, as well as for Council, to deal with the appointments of the Library Board as a matter of first priority for the incoming Council. Section 14 (2) of the new Act provides for the calling of the first meeting. Again, there is an option which may be exercised by the Town with respect to who calls the first meeting. Unless otherwise provided for in a by-law, the Clerk of the municipality would call the first meeting of the Library Board. The Act does provide, however, that the Chief Executive Officer of the Board (the Chief Librarian) can call the first meeting if authorized by by-law. It is being recommended that the by-law be drafted in such a way that the Chief Executive Officer of the Board (the Chief Librarian) is authorized to call the first meeting of a new term for the Library Board. ADMIN. 36 - 85 -4- Section 24 of the Public Libraries Act provides for the submission of estimates on budgets to the Council. Over the years Council and the Library Board have worked to improve this process of submissions of budgets. In 1985, the budget process seemed to work very smoothly between the Board and the Council. As such, it is being recommended that the Board provide to the Town by January 20th of each year estimates of their budget requirements. The budget of the Town for the Library Board would include two figures, an operating budget and a capital budget. However, as in the psat, the Library Board is requested to provide back-up detailed budget sheets. These back-up budget sheets would not,however, be part of the Town budget. Section 24 of the Act has been reviewed closely with the Library Board and the Board concurs that they would wish to maintain the current system of providing detailed background sheets, but that for the Town's purposes, only one figure on operating and one figure on capital would be included in the Town's budget. For the information. of Council members, I have attached the report of Barbara Baker, Chief Librarian, which was presented and endorsed by the Board. I believe that the approach which has been taken in both her report and this report is to provide for a smooth transition from the old legislation to the new. All of which is respectfully submitted, David. Johnston, M.C.I.P., Chief Administrative Officer t newcastlo. public library board 62 temperance street, bowmanville, ontario L1C 3AB MEMO TO: David Johnston, Chief Administrative Officer, Town of Newcastle FROM: Barbara Baker, Chief Librarian DATE: May 21, 1985. SUBJECT: Items for Consideration at the Joint Meeting of the Library Board and Council re the Public Libraries Act, 1984 The report attached is a summary of the Board's discussions and conclusions at recent meetings on those parts of the new Ontario library legislation which involve the Library Board and Council. All members of the Board will receive a copy of this report prior to the meeting on the evening of May 28, 1985. cc Don Hargest, Board Chairman vi-aC�� REPORT OF DISCUSSION ITEMS FOR THE JOINT MEETING WITH COUNCIL RE THE PUBLIC LIBRARIES ACT, 1984 (BILL 93) May 28, 1985 Section 9 (1) - Composition of Public Library Board The previous statute specified a library board of nine members in all municipalities of over 10,000 population. The new act allows council to decide the size of the board so long as it has at least five members and no more than nine. Recommendation of the Board That the Town of Newcastle Public Library Board continue to have nine members and that an appropriate by-law be drafted to that effect. Section 9 (3) - School Board Representation on Public Library Board Under the previous legislation, school boards made appointments of five members directly to the public library board but under the new act school boards recommend members for three of the library board positions which council appoints. Recommendation of the Board That the Town Clerk be in contact with the school boards to establish the appropriate schedule for Council to receive recommendations in time for appointments to be made at the first meeting of Council in each term. (Required by Section 10 (4) ). 2 , bers on Board Council Mem coon 10 (2) a member of the library board the mayor was could be members of In the previous statute of appointing bodies appDint its own members o but no other members than n majority of the x officio board. The new act allows council to than board to a maximum number of one less he library he library its own members. oard or to -appoint none of Board its members to serve Recommendation of the one of That Council continue to appoint Board and that an on the Town of NewcaetartLibrary aftedto that effect. appropriate by-law b - Term of Office ears Section 10 (3) were for three y previous statut�otated. The new act ointments under thethat membership term of Council appointments year so with one appointment made board appointments concurrent with t e sets a term for all library the appointing council. -Law re Callin First Meeting B at one time, the Section 14 (2) term of office the Town board members begin a new shall be called by Since all that the first board meeting the Chief Executive act specifies Passed a by-law authorizing Clerk unle�she°Board (thehas pChief Librarian) to do so. Officer of Recommendation of the Board authorized to call and that an Chief Executive Officer be term The the Board s of the Board in each new the first meeting drafted to that effect. appropriate by-law be Service ulaflon _ Free Libraiy materials the Reg use of ectlon 23 (1) and the library, Services dmission to use of information clarifies that amaterials, IOO�a5 made under the Act The new act of library ulation library, borrowing Ontario Reg delayed implementation o in the allows for require some must be free of charge to y all and library This section will defines circulating es of materials. Board. free borrowing for some types by the Newcastle minor revision of fees Charged Section 24 (I) to (4) - Estimates Under the previous legislation, council could prescribe the date for submission of annual estimates but not the format. Under the new act Council may specify both the date and the form for the year's estimates and may give approval in block or in more specific detail. Recommendation of the Board That Council continue to receive estimate's from the Board on or before a date communicated to the Board each year by the Town Treasurer and that Council continue to approve estimates in block (i.e., a total figure for the operating budget and a total figure for the capital budget) and, further, that an appropriate by-law be drafted to this effect. At the time the estimates are presented, a detailed budget breakdown will be provided for the information of members of Council, as has been done in the past. W The Public Libraries Act; 1984 requires that Council take action under the following sections: Section 9 (1) ( Section 10 (2) Section 14 (2) and, Section 24 (1). May 21, 1985 Barbara K. Baker, Chief Librarian