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HomeMy WebLinkAboutCSD-010-07 Cl~-illgtDn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE June 18, 2007 Resolution #:~O( Date: Report #: CSD-010-07 File #: By-law #: Subject: ORONO ARENA AND COMMUNITY CENTRE REVIEW Recommendations: It is respectfully recommended thatthe General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-010-07 be received; 2. THAT the By-law to establish the Orono Arena and Community Centre be referred to the Clerk for review and to initiate the nomination process to appoint the prescribed members to the Board in accordance with the Municipal Act 2001; 3. THAT a third party agreement between the Orono Arena and Community Centre Board and the Orono Amateur Athletic Association be referred to the Operations Department for coordination and report back to Council; 4. THAT the Clerk's Department undertake a review of all existing by-laws establishing Boards under the former Community Recreation Centres Act with a view to establishing these Boards under the Municipal Act 2001; 5. THAT a copy of Report CSD-10-07 be forwarded to the Orono Amateur Athletic Association and the Orono Arena and Community Centre Board and advised of action taken; and 6. rested parties be advised of Council's decision. I J eph P. Caruana irector of Community Services Reviewed by. Franklin Wu Chief Administrative Officer JPC/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: CSD-010-07 PAGE 2 1.0 BACKGROUND 1.1 At the request of Council through Resolution GPA-075-07 "that the mandate of the Orono Arena Board be referred to staff for a full review of the arena and community centre operation", staff has conducted a review of the Orono Arena Board. 1.2 As part of the review, staff from Corporate Services, Finance, Operations and the Clerk's office was consulted throughout the process. In addition to Municipal staff, the Municipal solicitor and representatives of Municipal Affairs and Housing were also consulted. 1.3 In conducting the review, the following list of criteria was established in preparation of this Report: - Legislative Requirements/Municipal By-law - Third Party Agreement - Composition of the Board - Facility Operations 2.0 LEGISLATIVE REQUIREMENTS/MUNICIPAL BY-LAW 2.1 In reviewing the relevant provincial act and by-law authorizing the appointment of the Board, issues surfaced which require the attention of Council. 2.2 The Orono Arena and Community Centre Board was established in accordance with the Community Recreation Centre Act 1974 as revised and consolidated to December 31,2002, as reflected in By-Law 78-63, as amended. 2.3 The provisions of the Community Recreation Services Act which enabled the Municipality to establish a community centre and appoint a board to manage and control the Orono Arena and Community Centre on behalf of the Municipality were repealed effective January 1, 2003, however, the by-law continued in force until its expiration or January 1, 2006. In essence, because this Board was established under a now repealed Act, the Municipality should it desire to establish a Board, is required to establish the Board under current legislation. 2.4 In order to continue to have the Orono Arena and Community Centre managed and controlled by a board acting on behalf of the Municipality, a Municipal Services Board could be established by Council, under Section 195 of the Municipal Act 2001. REPORT NO.: CSD-010-07 PAGE 3 3.0 THIRD PARTY AGREEMENT 3.1 Council should be made aware that the Orono Arena Board entered into a third party agreement with the Orono Amateur Athletic Association (OAAA) assigning the operational responsibilities of the Orono Arena and Community Centre to the Orono Amateur Athletic Association (Attachment #1). 3.2 The Municipal solicitor was asked to comment on the legality of this agreement and in his opinion, "unless prohibited by Council in the by-law establishing it, a Municipal Services Board would have power to enter into a contract with a third party to provide particular services for it. For example, a Municipal Services Board could be allowed to enter into a contract for services along the lines of the Statement of Understanding between the Orono Arena Community Centre Board and the Orono Amateur Athletic Association, subject to any limits or conditions that Council may impose in the by-law establishing it". 3.3 Staff is recommending that when a new by-law establishing the Arena Board as a Municipal Services Board under the Municipal Act 2001 is approved, that a third party agreement be referred to the Director of Operations, as the Municipal liaison, for recommendation as to whether the agreement should be approved by Council. . 4.0 COMPOSITION OF THE BOARD 4.1 In reviewing the existing by-law, it is noted that the by-law was reviewed and subsequently amended through the adoption of Report CS-06-93 (Attachment #2). The composition of the Board was amended at that time to include a total of eight appointees; two members of whom should be members of Council, two members shall be representatives of the Durham Central Agricultural Society, two members of the Orono Amateur Athletic Association and two members from the community at large, not affiliated with either the Orono Amateur Athletic Association or the Durham Central Agricultural Society. 4.2 The involvement of the Durham Central Agricultural Society relates to a previous agreement between the Durham Central Agricultural Society and the Municipality where the two parties entered into an agreement authorizing the Municipality to construct the Orono Arena and Community Centre on land owned by the Durham Central Agricultural Society. In essence, the Municipality owns the building and the Durham Central Agricultural Society owns the land it was built on. 4.3 It should be noted that the appointments to the Board have not met the criteria as established in the existing by-law, specifically, the Board has not met the representative criteria established in the by-law for several years. 4.4 Staff is recommending that the by-law be referred to the Clerk for review and subsequently to initiate the nomination process for the purpose of appointing the REPORT NO.: CSD-010-07 PAGE 4 prescribed members to the Orono Arena and Community Centre Board under the authority of a new by-law in accordance with Section 195 of the Municipal Act 2001. 5.0 FACILITY OPERATIONS 5.1 In consultation with the Director of Operations regarding the day-to-day management and operation of the Orono Arena and Community Centre, staff is pleased to inform Council that there are no operational concerns. 5.2 The Orono Arena and Community Centre continues to offer its services in a safe and customer-friendly manner. As a result, staff is recommending that this facility continue to operate as a Municipal Services Board of Council as permitted under the Municipal Act 2001. 6.0 COMMENT 6.1 Through this review, staff met with representatives of the Orono Amateur Athletic Association, who indicated a desire to continue to operate the Orono Arena and Community Centre under the guidelines provided in the Statement of Understanding. 6.2 Staff has also reviewed this report and associated recommendations with the Orono Amateur Athletic Association who are in agreement with the recommendations. 6.3 It should also be noted that this review has brought to light the fact that other Boards of Council are also structured under the now repealed Community Recreation Centres Act and require review. Staff is recommending the Clerk review all existing Boards that may be affected by this change in legislation and report back to Council. Attachments: Attachment #1 - Statement of UnderstandingfThird Party Agreement Attachment #2 - Report CS-06-93 Interested Parties to be advised of Council's decision: Susan Sawyer DaCosta /,...~ J '1 CSD-OlO-07 - ATTACHMENT #1 /\TTACIINENT "e" STATEMENT OF UNDERSTANDING WHl:::IZEAS the O!"ono Arcna/Communit)' Ceulrc Board (hereinafter referred to t;s tbe Doaru) considers it desirable t.:> assign the opera[jonal responsibilities oE 'the Orono A.JcIl~'Cummunity Cenlre (her~i.:after referred to as the Faciljty) to the Orono Amateur Atl.J!eti-: Assuciation (hereinafter referred to as tbe a.A.A.A.); I '. 'I NOW THEREFORE the Board 2nd the a.A.A.A. agree: 1. I 2. 1 , J " J ..J , .J I I i J I ) J J (g) (11) (i) THA'I: tbe daily operation and maintenance of the Facility will be the resp6nsibiljty of th~ O.A.A.A. ou the behalf of and reporting to the Board; THAT tbe a.A.A.A. will: ......... . (a) Prepare a detailed sche.dule of ice aUocations and hall rentals which idc1udes the uamc of the pennit hoJder/org.a.niza!ion and tbe file number of th~ permit; . . '!:....: -., (u) Prepare and submit for approval a detailed schedule of fees to be applied to hall and ice rentals; .'.:, '. : (c) To receive and keep 00 me copies of permit applica.tions and perrnfts issued for tlie Facilily; :;. .' :., . (d) . . .' ~.~. r .' (e) Establish pollcy(les) for rules to govern the use of tbe Facility aDd t9 submit these to the Board Cor co~.~.i~eratio~ and approval; Keep distinct and reguJar statements of accounts detailing receipts, pa)ments, credits aud J.iabilities; . Prepare aud subn1jt GuarteriY.ficanciaJ reports for all aspects o(tlJe facil.ity's operation including, but not limited to, Concessions, HaU Ren6~s, Ice Rentals; ,. ( f) Attend aU nleetings of the Board and present, \'crbaJly and/or in WTj~ing, a progress report of the F~c1ii~;i operations; Maintain acJose, ongoing iiaison v,itb the Board in aU matters reJath'e to the operation and maintenance of rue Facility; aud, /'. .; . .. ..- To inform ILIe: Board, in writing, of aU maiD[entlUce requirements that are considered iu tile cakgory of capj[al expenditure(s). . . ., ../2 1319 ,'. 4. 5. .. ~ '''-.''~'''-'.' ....., .... :.;:;:.. " '. . 3. . ., ""1 '.n ':f.,!~2-",\t ,...... ,.... " , <,., ~. .:.. " . " ~ \~e o~;:~e ~~i ;';'~p/;'~ijI:.~: ~n:;;et~~ of By:i~~ '7~~6L~~ 93.;4 (being the by-Jaw to am~n(By.-Jaw, 7~-63); . .: . ~ .i.: .': To receive and ;esp~~J i~'~~J.;~oiri~' b~th written and "erba', relative to the activitieS of the Boar4. altd..4te ~per~tioQ of the Facility; :":' ~;.~:.......... . . " . '. Maintain a close. ongoing Ijaj~oj, with the.o.A.AA in aU matters relative. to the opera liou and mainte.can.;C? of the facility; . :. .: . '. . . .~ . '.. . .....1.. t No' tbe 06' oftbeo :'.~ '. '. '!' "!": I ~ ,r , . . ...',. ;. Ensure tbat all employees of-Ibe. B.oard bave the necessary and appr~priate Health and Safety training. '. . '. . (b) (c) (d) (e) I ...."; I ..... TEKJ\1 OF ASSIGNED RESPONSIBILITIES: OCl'OBER 20,1~9~ to JUNE 30, 1994 . . '1:IC ,.:..,.....,..!' .... . "~' I.,... '.' . The Statement of Understanding is, j~ b~ revJewed and revised, 8l; necessary on' an annual basis by both the Board and the OA.A.A. , f r I , , " . . " ~ : , , .:. ~. t..". ~ . '. . . I, .'~~Jj~~. ~~:...: ,", . . : f '; ~'~ . .11 .'. ~ . , " f: I J ii, I I I ~'."':V !ii" "',":.:".:" . . , . . ..' H .. 'l', '.1 '. "~.-I~'} ).:/: ' . .:\ ..... . "'lr I""." ./ " . :4 ~. '" , * . * . f. : '*, 1320 CSD-OlO-07 - ATTACHMENT #2 --- ~.~ THE CORPORATION OF THE TOWN OF NEWCASTLE .......-. THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # CJ~. Res.#~q3 By.Law# ~..5~ Date: APRIL 5, 1993 Report #: CS-06-91 File #: Su~e~: ORONO ARENA COMMUNITY CENTRE BOARD AMENDMENTS TO THB BY-LAW (78-63) Recommendatlona: . Ie 1S respectfully recommended that the General Purpose and Administration Committee recommend forthwith the following: 1. THAT Report CS-06-93 be received; 2. THAT By-Law 78-63 be amended as outlined in this report; 3. THAT the Clerks' Department be directed to initiate the nomination process for the purpose of appointing the prescribed members to the Orono Arena Community Centre Board; 4. THAT the Durham Central Agricultural Society and the Orono Amateur Athletic Association be requested to submit their designates for the Orono Arena community Centre Board; 5. THAT all interested parties be advised of Council's decision. 1.0 BACKGROUND 1.1 At the meeting of council, held July 27, 1992, Mrs. Elaine Flintoff came forward as a delegation to inform Council of her concerns regarding the management of the Orono Arena Community Centre and an incident involving her son. As a result, Council passed the following resolutions: . . /2 90\ "'CYCIoIO ~ ....1.. ...11II "t::r1 qe.e~. r.- .1IRNI'I000lIIEYIUG,....... ~ 1 f REPORT NO. C8-06-93 - 2 - APRIL 5, 1993 "THAT the presentation of Mrs. Elaine Flintoff be received; THAT a meeting be organized with the Orono Arena Communi ty Centre Board co-ordinated by councillor Dreslinski and the Community Services Department in order to deal with the concerns raised by Mrs. Flintoffi THAT staff examine the appropriate by-law establishing the subject Board in light of Mrs. Flintoff"s comments; THAT a report be prepared and presented to the General Purpose and Administration committee regarding all of the above as soon'as possible; and, THAT Mrs. Elaine Flintoff be advised of the above actions." 1. 2 This report will recommend amendments to the existing by- law (By-Law 78-63 - Attachment 1) which was originally passed by Council to establish the Orono Arena community Centre Board and its responsibilities in the operation of the facility. Please note that the concerns of Mrs. Flintoff, relative to her son, have previously been addressed through Report I CS-32-92 which was received by Council during the General Purpose and Administration Committee meeting of October 19, 1992. 2.0 REVIEW OF BY-LAW 78-63 2.1 The staff of the Community Services Department and Councillor Dreslinski met on two (2). occasions with representatives of the Board - on September 15, 1992 with Mr. Gordon Lowery and Mr. Laverne Boyd of the Orono Amateur Athletic Association (O.A.A.A.) ; and, on February 9, 1993 with the aforementioned members of the O.A.A.A.; Mr. Bill Tomlinson, Mrs. Carole Bailey and Judge Richard Lovekin (retired) of the Durham Central Agricultural Society. The meetings were held to review the existing by-law and to discuss possible resolves to the concerns that have been raised. The following is a review of . . /3 902 REPORT NO. C8-0'-93 - 3 - APRIL 5, 1993 specific areas of the By-law and the proposed amendments that have been agreed upon by all parties. 2.2 ComDosition of the Board By-law 78-63 established the composition of the original Board as "seven (7) persons all of whom shall be appointed annually by resolution of council". The actual outside affiliation of members was prescribed as two members of council, two members from the Durham Central Agricultural Society, two members from the Orono Amateur Athletic Association; and, one member from the Orono community (to be nominated through a public meeting). FOllowing some discussion, it was suggested and agreed that this aspect of the By- law be amended to allow for equal representation from all interest groups by increasing the number of communi ty representatives to two (2). It is suggested that the two public representatives should not be affiliated with either the Orono Amateur Athletic Association or the Durham Central Agricultural Society. 2.3 Meetinas of the Board By-law 78-63 did not stipulate any guidelines or requirements for the establishment of regular Board meetings. It did stipulate, however, that when the Board met the meetings were to be open to pUblic participation except when matters of personnel, 'property or legal matters were to be discussed. In practice, since there was no requirement for ongoing meetings, the Board did not meet on a regular basis and, for all intents and purposes, ceased to exist in the format as required by the . ./4 007 /"J. " REPORT NO. CS-06-93 - .. - APRIL 5, 1993 by-law. TO resolve this situation and to ensure open meetings for public participation, it is recommended that Council amend the existing by-law to provide for a minimum of four (4) meetings of the Board during each calendar year' - one of which being a formal Annual General Meeting during which officers of the Board would be elected. The dates of these meetings would be the first issue dealt with by the Board with the agreed dates, being submitted to the community Services Department for information. 2.4 The remaining provisions of By-Law 78-63 are recommended to stand as originally written. The Board will continue to be responsible to operate the Orono Arena, as they have in the past, with no additional changes. In the February 9, 1993 meeting it was clearly stated that the Community Services Department is satisfied with the level of maintenance and upkeep of the Orono Arena and that there are no concerns relative to the day-to-day operations of said facility. The Board will continue to submit all financial records to the Town's Treasury Department for annual audit and all minutes of meetings will be submitted to Council for infor~ation. 3.0 SUMMARY 3.1 The discussions that were held between the Community Services Department and the groups associated with the operation of the Orono Arena Community Centre were all very positive and informative. The proposed amendments to By-Law 78-63 have been incorporated into the' revised by-law (Attachment 2). Once approved by Council, it is recommended that the Clerks Department be directed to initiate the public nomination process for the purpose of ../5 (I (11.,1 I u + REPORT NO. CS-06~'3 - 5 - APRIL 5, 1993 allowing interested residents of the former Township of Clarke to submit their names for appointment to the Orono Arena Community Centre Board. The term for new appointments would be effective as of the ratification of the proposed amendments and the term would conclude as of December 31, 1993. Appointments to the Board in the future will be incorporated into the ongoing nomination process as implemented by the Clerks Department. 3.2 The appointees from the Durham Central Agricultural Society and the Orono Amateur Athletic Association are to be submitted, in writing, to the Clerks Department and will be confirmed by Council upon ratification of the amended by~law. The term for these appointees would be under the same conditions and length of term as described for the pUblic's appointees. 3.3 Through the re-establishment of the Orono Arena Community Centre Board and the re-initiation of public meetings, it is hoped that the pUblic's participation in the direction and opera'tion of the Orono Arena will be enhanced. It is also hoped that through the adoption of the proposed amendments that communication concerns, with both the pUblic and the Municipality, will be resolved to the mutual satisfaction of all concerned. The Community services Department is committed to working with the members of the Board to ensure that the quality and levels of service provided are maintained and that the working relationships involved are strengthened. 3.4 Those individuals who were in attendance at the February 9, 1993 meeting have reviewed this report and are in agreement with the recommendations. .'./6 '105 REPORT NO. 08-06-93 Respectfully Submitted, . caruana, 0 rector of Community Services JPC:JJC:sa - 6 - APRIL 5, 1993 Recommended for presentation to the Committee ) Officer Interested parties to be notified of Council's decision: Mr. Gordon Lowery Orono Amateur Athletic Association P.O. Box 123, Main Street ORONO, Ontario Loa IMO Mr. Laverne Boyd Orono Amateur Athletic Association P.O. Box 165 ORONO, Ontario LOB 1MO Mr. aill Tomlinson Durham Central Agricultural Society P.O. Box 294 ORONO, Ontario LOB IMO Mrs. Carole Bailey Durham Central Agricul tural Society 12 Churchill ORONO, Ontario LOB 1MO Judge Richard Lovekin (Retired) 196 Lovekin Road . Newcastle~ Ontario lG6 ~ '. . IHE CORPORATION OF THE ~ BY-LAW NO. 78-63 BEING A BY-LAW TO ESTABLISH THE ORONO ARENA AS A COMMUNITY CENTRE IN ACCORDANCE WITH THE COMMUNITY RECREATION CENTRES ACT~ 1974 AND TO PROVIDE FOR THE ESTABLISHMENT OF A COMMUNITY CENTRE BOARD. WHEREAS THE CORPORATION OF THE TOWN OF NEWCASTLE CONSIDERS , IT DESIRABLE TO CREATE A COMMUNITY CENTRE FOR THE ENJOYMENT AND BENEFIT OF THE RESIDENTS OF THE TOWN OF NEWCASTLE} AND IN PARTICULAR FOR THE USE AND ENJOYMENT OF THE RESIDENTS OF THE COMMUNITY IN OR ABOUT THE ENVIRONS OF THE FORMER POLICE VILLAGE OF ORONO; '-" AND WHEREAS THE CORPORATION OF THE TOWN OF NEWCASTLE HAS LEASED FROM THE DURHAM CENTRAL AGRICULTURAL SOCIETY THE LAND~ AND PREMISES MORE PARTICULARLY DESCRIBED IN AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF NEWCASTLE AND THE DURHAM CENTRAL AGRICULTURAL SOCIETY DATED THE 1ST DAY OF SEPTEMBER~ 1977 AND WILL CONSTRUCT AN ARENA~ COMMUNITY CENTRE AND GRANDSTAND THEREON; '\ AND WHEREAS THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE CONSIDERS IT DESIRABLE THAT THE SAID ARENAJ COMMUNITY CENTRE AND GRANDSTAND BE DESIGNATED A COMMUNITY CENTRE AS CONTEMPLATED BY THE COMMUNITY RECREATION CENTRES '. ACT} 1974; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS: ~ :'),)',-; 7'; I - ? - ",....,. . - 2 - ~ I, THAT THE ARENA~ COMMUNITY CENTRE AND GRANDSTAND BE AND THEY ARE HEREBY ESTABLISHED AS A COMMUNITY CENTRE PURSUANT TO THE COMMUNITY RECREATION CENTRES ACT~ 1974. 2. THAT THE AFORESAID ARENAI COMMUNITY CENTRE AND GRANDSTAND BE UNDER THE MANAGEMENT AND CONTROL OF A BOARD APPOINTED BY COUNCIL TO BE CALLED "THE ORONO ARENA COMMUNITY CENTRE HOARD" AND HEREINAFTER REFERRED TO AS THE "BOARD" TO BE COMPRISED OF SEVEN (7) PERSONS ALL OF WHOM SHALL BE APPOINTED ANNUALLY BY RESOLUTION OF COUNCIL; TWO MEMBERS OF WHOM SHALL BE MEMBERS OF COUNCILI AND IT IS THE WISH OF THIS COUNCIL~ WITHOUT BINDING ANY FUTURE COUNCIL THAT I TWO MEMBERS SHALL BE REPRESENTATIVES OF DURHAM CENTRAL AGRICULTURAL SOCIETY} TWO MEMBERS OF THE ORONO ATHLETIC ASSOCIATION AND ONE MEMBER SHALL BE NOMINATED FROM THE ORONO COMMUNITY AT A PUBLIC MEETING CALLED FOR THr PURPOSE OF NOMINATING A REPRESENTATIVE TO SUCH BOARD. '-.,I 3. IN CASE OF VACANCY BY DEATH OR RESIGNATION OF A MEMBER OR FROM ANY OTHER CAUSE OTHER THAN FOR EXPIRATION OF THE TERM FOR WHICH HE/SHE WAS APPOINTED} COUNCIL SHALL BY RESOLUTION APPOINT ANOTHER ELIGIBLE PERSON IN HIS/HER PLACE FOR THE UNEXPIRED PORTION OF THE TERM. 4. A MAJORITY OF THE MEMBERS OF THE BOARD CONSTITUTES A QUORUM. 5. MEMBERS OF THE BOARD SHALL BE BOUND BY THE PROVISIONS OF THE CONFLICT OF INTEREST ACT. 6, SUBJECT TO SUCH LIMITATIONS AND RESTRICTIONS AS COUNCIL MAY~ FROM TIME TO TIMEI IMPOSE BY BY-LAWSI RESOLUTION OR OTHERWISE~ THE BOARD MAY:- (A) FIX THE TIMES AND PLACES OF MEETINGS OF THE BOARD~ AND THE MODE OF CALLING AND CONDUCTING THEM AND MAKE REGULATIONS GOVERNING THE CONDUCT OF ITS MEMBERS AND EMPLOYEES; . ~ . '. J' Q J 'u' . . , . . . . - ~ -. . - 3 . (B) ELECT A CHAIRMAN) VICE-CHAIRMAN) AND A SECRETARY TREASURER) ALL OF WHOM SHALL HOLD OFFICE AT THE PLEASURE OF THE BOARD) OR FOR SUCH PERIOD AS THE BOARD MAY PRESCRIBE; (c) EMPLOY SUCH OFFICERS AND SERVANTS AS IT MAY DEEM NECESSARY) DETERMINE THE TERMS ON WHICH THEY ARE TO BE EMPLOYED) FIX THEIR SALARIES AND PRESCRIBE THEIR DUTIES. (D) ADOPT POLICY FOR RULES FOR THE USE OF THE COMMUNITY CENTRE AND FOR THE ADMISSION OF THE PUBLIC THERETO) AND FOR REGULATING ALL OTHER MATTERS AND THINGS CONNECTED WITH THE MANAGEMENT THEREOF. 7. THE BOARD HAS POWER TO LET FROM YEAR TO YEAR OR FOR ANYTIME NOT EXCEEDING 10 YEARS) THE RIGHT TO SELL REFRESHMENTS WITHIN ~ THE ORONO ARENA ON SUCH TERMS AND CONDITIONS AS THE BOARD MAY PRESCRIBE. ~ 8. A MEETING OF THE BOARD SHALL BE OPEN TO THE PUBLIC AND NO PERSON SHALL BE EXCLUDED THEREFROM EXCEPT FOR IMPROPER CONDUCTJ OR WHEN PERSONNEL1 LABOUR RELATIONSJ PROPERTY ACQUISITION AND ADVICE OF COUNSEL ON P€NDING OR POSSIBLE LITIGATION MATTERS ARE BEING DEALT WITH. 9. THE BOARD SHALL KEEP MINUTES OF ITS MEETINGS AND ALL BOOKSJ PAPER DOCUMENTS USED IN) AND PERTAINING TO THE BUSINESS OF THE BOARDJ AND ALL SUCH MINUTES) BOOKS1 PAPERS AND DOCUMENTS SHALL BE OPENED TO THE MEMBERS OF COUNCIL AND TO OTHER PERSON OR PERSONS APPOINTED FOR THE PURPOSE BY COUNCIL. '1)9 ~ " , - lJ - ~ 10. THE HOARD SHALL, ON OR BEFORE THE FIRST DAY OF MARCH IN EACH YEAR, PREPARE AND SUBMIT TO COUNCIL AN ESTIMATE OF ITS FINANCIAL REQUIREMENTS FOR THE ENSUING FINANCIAL YEAR. II. THE BOARD SHALL KEEP DISTINCT AND REGULAR ACCOUNTS OF ITS RECEIPTS, PAYMENTS, CREDITS AND LIABILITIES. 12. THE ACCOUNTS AND TRANSACTIONS OF THE BOARD SHALL BE AUDITED BY THE MUNICIPAL AUDITOR, AND ALL MINUTE BOOKS, BOOKS, RECORDS, DOCUMENTS, TRANSACTIONS, ACCOUNTS AND VOUCHERS OF THE BOARD SHALL BE OPENED TO HIS INSPECTION AT ALL TIMES. 13. IMMEDIATELY AFTER ITS ACCOUNTS AND TRANSACTIONS HAVE BEEN AUDITED, THE BOARD SHALL SUBMIT THEM, TOGETHER WITH AN ,- ANNUAL REPORT OF ITS AFFAIRS TO COUNCIL. 14, THAT BY-LAWS NUMBERS 77-74 AND 77-79 ARE HEREBY REPEALED. R[AD A FIRST AND SECOND rIME THIS 2'TH DAY OF SEPTEMBER, 1978. READ A THIRD TIME AND 1978. FINALLY PASSED THIS 25TH DAY OF SEPTEMBER, // ~~I //4...t ' /~~) G. H. HICKARD MAYOR ~~ ..- . . / .910 IlltI IJUfJJUn:lllUIl or me I own or 1'l8WCaStle " ,.,- The Corporation of the Town of Newcastle BY-LAW 93-_ being a by-law to amend By-Law 78-63, being a by-law to establish the Orono Arena as a Community Centre in accordance with the Community Recreation Centres Act (1974) and to provide for the establishment of a Community Centre Board. WHEREAS THE CORPORATION OF THE TOWN OF NEWCASTLE considers it desirable to amend By-Law 78-63; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS: THAT By-Law 78-63 is hereby amended as follows: 1. THAT Section 2 be deleted In its entirety and replaced with the following: "2. THAT the aforesaid Arena, Community Centre and Grandstand be under the management and control of a Board appointed by Council to be called the 'Orono Arena Community Centre Board" and hereinafter referred to as the 'Board' to be comprised of eight (8) persons all of whom shall be appointed annually by resolution of Council - two (2) members of whom shall be members of Council; two (2) members shall be representatives of the Durham Central Agricultural Society; two (2) members of the Orono Amateur Athletic Association; and, two (2) members from the former Township of Clarke." 2. THAT Section 6(A} be deleted In Its entirety and replaced with the following: '6. SUBJECT to such limitations and restrictions as Council may. from time to time, Impose by By-Laws..resolution or otherwise, the Board agrees to: , (A) Hold regular meetings a minimum of four (4) times during each calendar year - one of which shall be a formal Annual General Meeting during which officers of the Board are to be elected. The Board shall be responsible to fix the times and places of me.etings of the Board and to establish the mode of calling and conducting the business of the Board and to make regulations governing the conduct of its members and employees;" READ A FIRST AND SECOND TIME this th day of , 1993. READ A THIRD TIME and finally passed this th day of .1993. MAYOR CLERK , 11 7