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HomeMy WebLinkAboutCLD-010-08 ~ , . ( CWhJgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTR~TION COMMI:aEE. February 25,2008 f1esol \..LhOYl G ffi-) '63 ) J g~) Iff? CLD-010-08 File#: By-Iaw#: p.,f:fJ(;--()?:/.o,Zo:::/?-o37 Gio~~- 0'3'8': ~(r)''f;',':''O?ft ;?(Q6~- 04- 0 . Date: Report #: Subject: MUNICIPAL SERVICE BOARDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-010-08 be received; 2. THAT the Orono Arena Board, the Newcastle Arena Board, the Solina Community Hall Board and the Tyrone Community Hall Board be established as Municipal Service Boards in accordance with the Municipal Act, 2001; 3. THAT the appropriate by-laws attached to Report CLD-010-08 as Attachments NO.1 through 4 be forwarded to Council for passage; 4. THAT an additional member of Council be appointed to each of the Newcastle Arena Board and to the Orono Arena Board; 5. THAT one of the following applicants be appointed to fill the vacancy on the Newcastle Arena Board: a) James Gosleigh b) Gary Oliver CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-010.08 PAGE 2 6. THAT the Municipal Clerk contact the Solina Community Hall Board, the Tyrone Commuinty Hall Board and the Orono Arena Board to determine their current membership; and 7. THAT the appropriate by-laws appointing the membership of these Boards be forwarded to Council. Submitted by: o~~~ Reviewed by: Franklin Wu, Chief Administrative Officer ,./ r .' " j I" .",,-'t:N . ,. \ Fred Horvath, BA, RD.M.R, RRFA Director of Operations REPORT NO.: CLD-010-08 PAGE 3 1. Backqround At the Council meeting of June 25, 2007, Council directed that the Municipal 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. This action came as a result of the review of the Orono Arena and Community Centre undertaken by the Director of Community Services. During this review, it was revealed that the Orono Arena and Community Centre was established in accordance with the Community Recreation Centres Act, 1974. The provisions for this act were repealed effective January 1, 2003, however, the by-law continued in force until January 1, 2006. 2. Existinq Bv-Iaws In reviewing the existing by-laws, it has been determined that the by-laws creating the Orono Arena and Community Centre Board, the Newcastle Arena Board, the Solina Community Hall Board and the Tyrone Community Hall Board were all passed under this now repealed legislation. It is now necessary to establish each of these boards as Municipal Service Boards under the Municipal Act in order for them to continue to manage and operate the various facilities. By-laws for this purpose have been prepared and are attached hereto as Attachments No.1 through 4 inclusive. The by-laws have been expanded to incorporate the current operating procedures for each Board. As there are no operational concerns with any of the Boards, these procedures do not affect the manner in which the Boards are currently operating. 3. Third Partv Aqreements As stated in Report CSD-010-07, the Orono Arena Board has entered into a third party agreement with the Orono Amateur Athletic Association assigning the operational responsibilities of the Orono Arena and Community Centre to the Orono Amateur Athletic Association. The by-law establishing a Municipal Service Board for the operation of the REPORT NO.: CLD-010.08 PAGE 4 Orono Arena specifically states that the Board is allowed to enter into a contract for services. 4. Communication to the Boards In preparing the by-laws, the Director of Operations held meetings with each of the Boards, who have all indicated support of the content of the by-laws. 5. Membership In accordance with the by-laws, the Boards will be appointed by resolution of Council, for the term of Council. Current membership of the boards is as follows: a) Newcastle Arena Board By-law 2007-033 passed on January 29,2007 appointed the members to the Board. There is currently one vacancy on the Board to be filled and the necessity to appoint an additional member of Council to the Board. The vacancy has been advertised and two applications have been received. These application forms have been circulated under separate cover as they contain personal information related to the applicants (Attachment No.5). b) Solina Communitv Hall Board and Tvrone Hall Board By-law 2007-053 appointed Councillors Foster and Novak to the Solina Hall Board and Councillors Robinson and Woo to the Tyrone Hall Board. A by-law to appoint the remaining members will need to be passed. c) Orono Arena Communitv Centre Board Report CSD-01 0-07 indicated that the representative criteria of the Orono Arena Board had not been met in several years. By-law 2007-034 appointed two individuals and one REPORT NO.: CLO-D10-08 PAGE 5 member of Council to the Board. It is now necessary to appoint an additional member of Council as well as two representatives of the Durham Central Agricultural Society and two members of the Orono Amateur Athletic Association. Once the by-laws to establish the Municipal Service Boards have been passed, the by-law to appoint the members to the Newcastle Arena Board can be passed. The Clerk's Department will contact each of the other Boards to determine their current membership and the appropriate by-laws will be forwarded to Council once this information is received. 6. Conclusion It is recommended that the by-laws establishing the four Municipal Service Boards and to appoint the members to the Newcastle Arena Board be forwarded to Council for passage. Attachment No.1 to ClD-010-08 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-LAW 2008- Being a By-law to establish a Municipal Service Board to operate the Orono Arena and to repeal By-law 78-63, as amended WHEREAS Section 196 of the Municipal Act, 2001 authorizes a municipality to establish a Municipal Service Board; AND WHEREAS Section 198 of the Municipal Act, 2001 provides that a municipality may give a Municipal Service Board the control and management of such services and activities of the municipaiity as the municipaiity considers appropriate and shall do so by delegating the powers and duties of the municipality to the Board; AND WHEREAS the Municipality of Ciarington by agreement dated September 1, 1977 authorized by By-law #77-73 has leased from the Durham Central Agricultural Society the lands and premises located at 2 Princess Street, Orono, Ontario and has constructed an arena, community centre and grandstand thereon; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS: 1. THAT the aforesaid arena, community centre and grandstand be under the management and control of a Municipal Services Board appointed by Councii to be called the "Orono Arena Community Centre Board" (the Board ). 2. The Board shall be comprised of eight (8) persons all of whom shall be appointed by Council; two (2) members of whom shall be members of Council; two (2) members of whom shall be representatives of the Durham Central Agricuitural Society; two (2) members of whom shall be representatives of the Orono Amateur Athletic Association; two (2) members of whom shall be from the former Township of Clarke. 3. The members of the Board shall serve for the tenm of the appointing Council and shall continue until such time as their successors are appointed. 4. The members of the Board shall serve without remuneration. 5. Each member of the Board shall have one vote. 6. The members of the Board are eligible for appointment for more than one tenm. 7. Subject to such iimitations and restrictions as Council may, from time to time, impose by by-law or resolution, the Board shall: a. Hold reguiar meetings a minimum offour (4)times during each caiendar year-one of which shall be a fonmal 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 meetings of the Board and to establish the mode of calling and conducting the business of the Board and to make regulations goveming the conduct of its members and employees; -2- 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, detenmine the tenms on which they are to be employed, fix their salaries and prescribe their duties; d. Adopt policies for rules for the use of the arena, community centre and grandstand and for the admission of the public thereto, and for regulating all other matters and things connected with the management thereof. 8. The Board shall keep minutes of its meetings and all books, paper documents used in and pertaining to the business of the Board, and all such minutes, books, papers and documents shall be open to the Members of Council and to any other person or persons appointed for that purpose by Council in accordance with the Municipal Freedom of Information and Protection of Privacy Act. 9. The minutes of the Board meetings shall be submitted to the Municipal Clerk within ten (10) business days following the meeting. 10. The meetings of the Board shall be open to the public, in accordance with Section 239 of the Municipal Act and no person shall be excluded therefrom except for improper conduct. 11. The Board has power to let from year to year or for any time not exceeding 10 years, the right to sell refreshments w~hin the Orono Arena and on such tenms and conditions as the Board may prescribe. 12. The Board shall occupy the premises throughout the term for the use as a community centre and arena and for no other reason. 13. The Board shall not commit or suffer or perm~ to be committed any waste or damage, disfiguration or injury to the premises or the improvements. installations, fixtures, and equipment thereon and any nuisance in, at or on the premises. 14. The Board shall not do or penmit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the premises or any part of it. 15. The premises is defined for the sake of this by-law as Orono Arena and Community Centre. 16. The Board at all times shall maintain the premises in a satisfactory condition as determined by the Municipality acting reasonabiy. The Board shall keep the premises in a clean condition and shall obtain, at its expense, janitorial services. The Board will also be responsible for winter maintenance snow removal. 17.The Board hereby accepts the Arena and Community Hall on an "as is" basis. The Board shall maintain and keep the premises and every part thereof in good working order and promptly make all needed maintenance. repairs, and replacements, as would a prudent owner. 18.lf structurai repairs or replacements to the roof. foundation or load bearing walls, building envelope and/or the mechanical equipment are needed, then the Municipality shall be obligated, at its expense, to affect such repairs or replacements. - 3- 19.1f the Board during the Term of this lease or any renewal of the lease, desires to make any alterations or additions to the premises. including but not limited to erecting partitions. attaching equipment and installing necessary furnishings or additional equipment of the Board's business, the Board may do so at its own expense, at any time provided before undertaking any alteration or addition. the Board submits to the Municipality a plan showing the proposed alterations or additions and the Board shall not proceed to make any alteration or addition unless the Municipality has approved the Plan. The Municipality shall not unreasonably or arbitrarily withhold approval. 20. The Board shall be responsible for and pay the cost of any alterations, additions or installations. or improvements. 21. No sign, advertisement or notice shall be Inscribed, painted, or affixed by the Board or any other person on the Board's behalf on any part inside or outside unless approved by the Municipality. 22. All alterations and additions made by or on behalf of the Board shall immediately become property of the Municipality without compensation to the Board. 23. The Board agrees to observe and comply with all applicable governmental laws and regulations including fire, police, health, etc. The Municipality will ensure that the building meets all appropriate codes and regulations. 24. The Board will be responsible for the cost of all utilities for the building. 25. The Board shall promptly notify the Municipality of any accident, defect, damage or deficiency in or on any part of the premises which comes to the attention of the Board. 26. The Municipality will provide the Board with full access to all available areas of the building. 27. The Municipality covenants with the Board for quiet enjoyment. 28. The Board cannot sell, lease or otherwise dispose of any of the assets of the Orono Arena and Community Centre, all or part of real or personal property related to the centre. 29. The Board agrees to use the revenue it generates from the provision of the municipal service to fund the operation and maintenance of the operation. 3D.lf the Board determines that it no longer requires an asset for the purpose of providing a Community Centre or arena, the Board will release its interest in the asset to the Municipality. 31. The Board will provide information to the Municipality on the operation and management of the Community Centre and will be required to present to Council a report once during the term of each Council. 32. The Board may enter into agreements for the operation and maintenance of the Orono Arena and Community Centre. All such agreements that the Board enters into will hold the Municipality of Clarington harmless from any and all claims, actions, damages or lawsuits pertaining to the use of the facility and premises. -4- 33.Any employee of the Board will be considered an employee of the Board and will be subjeet to the appropriate laws and regulations regarding employment and will not be considered an employee of the Municipality of Clarington under any circumstances. 34. The Municipaiity agrees to provide property and contents insurance coverage to the Building. 35. The Municipality agrees to provide liability insurance coverage under the Municipality's Master Policy. 36.lf the Board dissolves, all assets, including bank accounts shall be temporarily turned over to the custody of the Municipality until a replacement Board is established. 37. The OAAA will use the revenue it generates for the provision of services at the Orono Arena and Community Centre to fund the operation and maintenance of the operation. 38. I n the event that the OAAA ceases to exist, all assets relating to the operation of the Arena and Community Centre will be released to the Municipality of Clarington for the benefit of the Orono Community. 39. The Board shall, on or before the fifteenth day of December of each year, prepare and submit to Council an estimate of its financial requirements for the ensuing financial year. 40. The Board shall keep distinct and regular accounts of its receipts, payments, credits and liabilities. 41 . The accounts and transactions of the Board shall be audited by the Municipal Auditor, and all minute books, books, records, documents, transaetions, accounts and vouchers of the Board shall be opened to his inspection at all times. 42. Immediately after its acoounts and transactions have been audited, the Board shall submit them, together with an annual report of its affairs, to Council. 43. THAT By-law 78-63, as amended, is hereby repealed. By-law read a first and second time this 3'. day of March 2008. By-law read a third time and finally passed this 3'. day of March 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment No.2 to CLD-01 0-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008. Being a By-law to establish a Municipal Service Board to operate the Newcastle Memorial Arena and to repeal By-law 79-13 WHEREAS Section 196 of the Municipal Act, 2001 authorizes the Council of a Municipality to establish Municipal Service Boards; AND WHEREAS Section 198 of the Municipal Act, 2001 provides that a municipality may give a Municipal Service Board the control and management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the Board; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. That the Newcastle Memorial Arena located at 103 Caroline Street West, Newcastle, Ontario be under the management and control of a Municipal Service Board appointed by Council to be called 'The Newcastle Memorial Arena Board". hereinafter referred to as the "Board". 2. The Board shall be comprised of nine (9) persons. two (2) members of whom shall be members of Council. 3. The Board will serve a term coinciding with the term of the appointing Council and until Its successors are appointed. Members are eligible for appointment for more than one term. 4. In case of a vacancy by the death or resignation of a member or from any cause other than the expiration of the term for which the member was appointed. Council shall appoint another eligible person in the member's place for the unexpired portion of the term. 5. A majority of the members of the Board constitutes a quorum. 6. The members of the Board shall serve without remuneration. 7. Each member of the Board shall have one vote. 8. Subject to such limitations and restrictions as Council may from time to time impose. 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; b) Elect a Chair. Vice-Chair. 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 policies for rules for the use of the arena and for the admission of the public thereto, and for regulating all other matters and things connected with the management thereof. 9. The Board shall meet a minimum of four (4) times per year. 10. The meetings of the Board shall be open to the public. in accordance with Section 239 of the Municipal Act and no person shall be excluded therefrom except for improper conduct. -2 - 11. The Board shall keep minutes of its meetings and all books, paper documents used in, and pertaining to the business of the Board, and all such minutes, books, papers and documents shall be opened to the members of Council and to any other person or persons appointed for the purpose by Council. The minutes of all Board meetings are to be submitted to the Municipal Clerk within ten (10) business days following the meetings. 12. The Board shall, on or before the fifteenth day of December in each year, prepare and submit to Council an estimate of its financial requirements for the ensuing financial year. 13. The Board shall keep distinct and regular accounts of its receipts, payments, credits and iiabilities. 14. 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 the Auditor's inspection at all times as well as to the Municipal Treasurer. 15. Immediately after its accounts and transactions have been audited, the Board shall submit them, together with an annual report of its affairs to Council. 16. The Board shall not commit or suffer or permit to be committed any waste or damage, disfiguration or injury to the premises or the improvements, installations, fixtures, and equipment thereon and any nuisance in, at or on the premises. 17. The Board shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage or threatened reduction of coverage under any insurance poi icy on the premises or any part of it. 18. The Board at all times throughout the term shall maintain the premises in a satisfactory condition as determined by the Municipality acting reasonably. The Board shall keep the premises in a ciean condition and shall obtain at its expense janitorial services. The Board will aiso be responsible for winter maintenance snow removal. 19. The Board hereby accepts the Arena on an "as is" basis. The Board shall maintain and keep the premises and every part thereof in good working order and promptly make all needed maintenance, repairs, and replacements, as would a prudent owner. 20.lf structural repairs or replacements to the roof, foundation or load bearing walls, building envelope and/or the mechanical equipment are needed, the Municipality shall be obligated at their expense to affect such repairs or replacements. 21.lf the Board desires to make any alterations or additions to the premises, including but not limited to erecting partitions, attaching equipment and installing necessary fumishings or additional equipment of the Board's business, the Board may do so at its own expense, at any time, provided before undertaking any aiteration or addttion, the Board submits to the Municipality a plan showing the proposed alterations or additions and the Board does not proceed to make any alteration or addition unless the Municipality has approved the Plan. The Municipality shall not unreasonably or arbitrarily wtthhold approval. 22. The Board shall be responsible for and pay the cost of any alterations, additions or installations, or improvements. 23. No sign, advertisement or notice shall be inscribed, painted, or affixed by the Board or any other person on the Board's behaif on any part inside or outside unless approved by the Municipality. -3 - 24.AII alterations and additions made by or on behalf of the Board shall immediately become property of the Municipality without compensation to the Board. 25. The Board agrees to observe and comply with all applicable governmental laws and regulations including fire, police, health, etc. The Municipality will ensure that the building meets all appropriate codes and regulations. 26. The Board will be responsible for the cost of all utilities for the building. 27. The Board shall promptly notify the Municipality of any accident, defect, damage or deficiency in or on any part of the premises which comes to the attention of the Board. 28. The Municipality will provide the Board with full access to all available areas of the building. 29. The Board cannot sell, lease or otherwise dispose of any of the assets of the Newcastle Memorial Arena, all or part of real or personal property related to the arena. 30. The Board agrees to use the revenue it generates from the provision of the municipal service to fund the operation and maintenance of the operation. 31.lfthe Board determines that it no longer requires an asset for the purpose of providing a Municipal Arena, the Board will release its Interest in the asset to the Municipality. 32. The Board will provide information to the Municipality on the operation and management of the Municipal Arena and will be required to present to Council a report once during the term of each Council. 33. All agreements that the Board enters into will hold the Municipality of Clarington harmless from any and all claims, actions, damages or lawsuits pertaining to the use of the facility and premises. 34. Any employee of the Board will be considered an employee of the Board and will be subject to the appropriate laws and regulations regarding employment and will not be considered an employee of the Municipality of Clarington under any circumstances. 35. The Municipality agrees to provide property and contents insurance coverage to the Building while this agreement is in place. 36. The Municipality agrees to provide liability insurance coverage under the Municipality's Master Policy. 37.lf the Board dissolves. all assets, including bank accounts shall be temporariiy turned over to the custody of the Municipality until a replacement Board is established. 38. By-law 79-13 Is hereby repealed. By-Law read a first and second time this 3'd day of March 2008. By-Law read a third time and finally passed this 3'" day of March 2008. Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk Attachment NO.3 to CLD-010-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to establish a Municipal Service Board to operate a Community Hall in Solina in the fonmer Township of Darlington, now in the Municipality of Clarington and to repeal By-law 83-28 WHEREAS Section 196 of the Municipal Act, 2001 authorizes a municipality to establish a Municipai Service Board; AND WHEREAS Section 198 of the Municipai Act, 2001 provides that a municipality may 9ive a Municipal Service Board the control and management of such services and activities of the municipality as the municipality considers appropriate and shall do so by deiegating the powers and duties of the municipality to the Board; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. That the Solina Community Hall located at 1964 Concession Road 6, Hampton, Ontario, be under the management and control of a Municipal Service Board appointed by Council to be called "The Solina Community Hall Board", hereinafter referred to as the "Board". 2. The Board shall be appointed by municipai council and be comprised of seven (7) persons, two (2) members of whom shall be members of Council. 3. The members of the Board shall serve for the tenm of the appointing council and shall continue until such time as their successors are appointed. 4. The members of the Board shall serve without remuneration. 5. Each member of the Board shall have one vote. 6. The members of the Board are eligible for appointment for more than one term. 7. The Board shall submit their books and records to the Municipality annually for review by the Municipality's auditors and consolidation w~h the Municipality of Clarin9ton's financial statements. 8. The Board shall meet a minimum of four (4) times annually and all meeting minutes shall be submitted to the Municipality of Clarington within ten (10) business days following the meeting. 9. The meetings of the Board shall be open to the public, in accordance with Section 239 of the Municipal Act and no person shall be excluded therefrom except for improper conduct. 10. The Board shall not commit or suffer or permit to be committed any waste or damage, disfiguration or injury to the premises or the improvements, installations, fixtures, and equipment thereon and any nuisance in, at or on the premises. 11. The Board shall not do or penmit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the premises or any part of it. 12. The Board at all times throughout the term shall maintain the premises in a satisfactory condition as determined by the Municipality acting reasonably. The Board shall keep the premises in a clean condition and shall obtain at ~s -2 - expense janitorial services. The Board will also be responsible for winter maintenance snow removal. 13. The Board hereby accepts the Community Hall on an "as is' basis. The Board shall maintain and keep the premises and every part thereof in good working order and promptly make all needed maintenance, repairs, and replacements, as wouid a prudent owner. 14.lf structural repairs or replacements to the roof, foundation or load bearing walls, building envelope and/or the mechanical equipment are needed, the Municipality shall be obligated at their expense to affect such repairs or replacements. 15.lf the Board desires to make any alterations or additions to the premises, including but not limited to erecting partitions, attaching equipment and installing necessary furnishings or additionai equipment of the Board's business, the Board may do so at its own expense, at any time provided before undertaking any aiteration or addition, the Board submits to the Municipality a plan showing the proposed alterations or additions and the Board shall not proceed to make any alteration or addition unless the Municipality has approved the Plan. The Municipality shall not unreasonably or arbitrarily withhold approval. 16. The Board shall be responsible for and pay the cost of any alterations, additions or installations, or improvements. 17. No sign, advertisement or notice shall be inscribed, painted, or affixed by the Board or any other person on the Board's behalf or any part inside or outside unless approved by the municipality. 18. All alterations and additions made by or on behaif of the Board shall immediately become property of the Municipaiity without compensation to the Board. 19. The Board agrees to observe and comply with all applicable governmental laws and regulations including fire, police, health, etc. The Municipality will ensure that the building meets all appropriate codes and regulations. 20. The Board will be responsible for the cost of all utilities for the building. 21. The Board shall promptly notify the Municipality of any accident, defect, damage or deficiency in or on any part of the premises which comes to the attention of the Board. 22. The Municipality will provide the Board with full access to all available areas of the buiiding. 23. The Municipality covenants with the Board for quiet enjoyment. 24. The Board cannot sell, lease or otherwise dispose of the Community Centre, all or part of real or personal property related to the centre. 25. The Board agrees to use the revenue it generates from the provision of the municipal service to fund the operation and maintenance of the operation. 26. If the Board determines that it no longer requires an asset for the purpose of providing a municipai community centre, the Board will release its interest in the asset to the Municipality. 27. The Board will provide information to the Municipality on the operation and management of the Community Centre and will be required to present to Council a report once during the term of each Council. 28. All agreements that the Board enters Into will hold the Municipality of Clarington harmless from any and all claims, actions, damages or lawsuits pertaining to the use of the facility and premises. - 3- 29.Any employee of the Board will be considered an employee of the Board and will be subject to the appropriate laws and regulations regarding employment and will not be considered an employee of the Municipality of Clarington under any circumstances. 30. The Municipality agrees to provide property and contents insurance coverage to the Building while this agreement is in place. 31. The Municipality agrees to provide liability insurance coverage under the Municipality's Master Policy. 32.lf the Board dissolves, all assets, including bank accounts shall be temporarily tumed over to the custody of the Municipality until a replacement Board is established. 33. The Board shall ensure that all financial records are submitted annually for review to the Municipal auditors for consolidation with the Municipality of Clarington financial statements. 34. THAT By-law 83-28 is hereby repealed. By-law read a first and second time this 3'. day of March, 2008. By-law read a third time and finally passed this 3"' day of March, 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment NO.4 to CLD-01 0-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to establish a Municipal Service Board to operate a Community Hall in Tyrone in the former Township of Darlington, now in the Municipality of Clarington and to repeal By-law 97-62 WHEREAS Section 196 of the Municipal Act, 2001 authorizes a municipality to establish a Municipal Service Board; AND WHEREAS Section 198 of the Municipal Act, 2001 provides that a municipality may give a Municipal Service Board the control and management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the Board; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. That the Tyrone Community Hall located at 2716 Concession Road 7, Hampton, Ontario, be under the management and control of a Municipal Service Board appointed by Council to be called "The Tyrone Community Hall Board", hereinafter referred to as the "Board". 2. The Board shall be appointed by Council and shall be comprised of fifteen (15) persons, two (2) members of whom shall be members of Council. 3. The members of the Board shall serve for the term of the appointing council and shall continue until such time as their successors are appointed. 4. The members of the Board shall serve without remuneration. 5. Each member of the Board shall have one vote. 6. The members of the Board are eligible for appointment for more than one term. 7. The Board shall submit their books and records to the Municipality annually for review by the Municipality's auditors and consolidation with the Municipality of Clarington's financial statements. 8. The Board shall meet a minimum of lour (4) times annually and all meeting minutes shall be submitted to the Municipality of Clarington within 10 (10) business days following the meeting. 9. The meetings of the Board shall be open to the public, in accordance with Section 239 of the Municipal Act and no person shall be excluded therefrom except for improper conduct. 10. The Board may make such rules as it considers necessary relating to the management and control of the Community Recreation Centre. 11. The Board shall not commit or suffer or permit to be committed any waste or damage, disfiguration or injury to the premises or the improvements, installations, fixtures, and equipment thereon and any nuisance in, at or on the premises. 12. The Board shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the premises or any part of it. -2 - 13. The Board shall at all times maintain the premises in a satisfactory condition as determined by the Municipality acting reasonably. The Board shall keep the premises in a clean condition and shall obtain, at its expense, janitorial services. The Board will also be responsible for winter maintenance snow removal. 14. The Board hereby accepts the Community Hall on an "as is" basis. The Board shall maintain and keep the premises and every part thereof in good working order and promptly make all needed maintenance, repairs, and replacements, as wouid a prudent owner. 15. if structural repairs or replacements to the roof, foundation or load bearing walls, building envelope and/or the mechanical equipment are needed, the Municipality shall be obligated at their expense to affect such repairs or replacements. 16.lfthe Board desires to make any alterations or additions to the premises, including but not limited to erecting partitions, attaching equipment and installing necessary fumishings or additional equipment of the Board's business, the Board may do so at its own expense, at any time provided before undertaking any alteration or addition, the Board submits to the Municipality a plan showing the proposed alterations or additions and the Board shall not proceed to make any alteration or addition unless the Municipality has approved the Plan. The Municipality shall not unreasonably or arbitrarily withhold approval. 17. The Board shall be responsible for and pay the cost of any alterations, additions or installations, or improvements. 18. No sign, advertisement or notice shall be inscribed, painted, or affixed by the Board or any other person on the Board's behalf or any part inside or outside unless approved by the municipality. 19. All alterations and additions made by or on behalf of the Board shall immediateiy become property of the Municipality without compensation to the Board. 20. The Board agrees to observe and comply with all applicable governmental laws and regulations including fire, police, health, etc. The Municipality will ensure that the building meets all appropriate codes and regulations. 21. The Board will be responsible for the cost of all utilities for the building. 22. The Board shall promptly notify the Municipality of any accident, defect, damage or deficiency in or on any part of the premises which comes to the attention of the Board. 23. The Municipality will provide the Board with full access to all available areas of the building. 24. The Municipality covenants with the Board for quiet enjoyment. 25. The Board cannot sell, lease or otherwise dispose of the Community Hall, all or part of real or personal property related to the centre. 26. The Board agrees to use the revenue it generates from the provision of the municipal service to fund the operation and maintenance of the operation. 27. If the Board determines that It no longer requires an asset for the purpose of providing a municipal community centre, the Board will release its interest in the asset to the Municipality. 28. The Board will provide information to the Municipality on the operation and management of the Community Hall and will be required to present to Council a report once during the term of each Council. -3 - 29. All agreements that the Board enters into will hold the Municipality of Clarington harmless from any and all claims, actions, damages or lawsuits pertaining to the use of the facility and premises. 30. Any employee of the Board will be considered an employee of the Board and will be subject to the appropriate laws and regulations regarding employment and will not be considered an employee of the Municipality of Clarington under any circumstances. 31. The Municipality agrees to provide property and contents insurance coverage to the Building while this agreement is in place. 32. The Municipality agrees to provide liability insurance coverage under the Municipaiity's Master Policy. 33.lf the Board dissolves, all assets, including bank accounts shall be temporarily turned over to the custody of the Municipality until a replacement Board is established. 34. THAT By-law 83-28 is hereby repealed. By-law read a first and second time this 3'" day of March 2008 By-law read a third time and finally passed this 3'" day of March 2008 Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk CONFIDENTIAL REPORTS ✓ G PA REPORT NO. CLD-010-08 Attachment 5 Resolution#: By-law#: DATE OF REPORT: 2008 Attachment 5 Only — Applications