HomeMy WebLinkAboutWD-40-98 Addendum
\ \
Meeting:
Date:
Report #:
Subject:
,
~
..
UNFINISHED BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
X~~KMIXftPfX~~~X
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
File #
JULY 13, 1998 Res. #GPA ....4lPlo-CjS"
By-Law #
ADDENI:flN:TO RPPORT WD-40-98
STREET RECEPTACLES, BENCHES AND PLANTERS FOR ORONO
AND NEWCASTLE BUSINESS IMPROVEMENT ASSOCIATIONS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT the ADDENDUM to Report WD-40-98 be received;
2. THAT Report WD-40-98 be lifted from the table;
3. THAT if the Newcastle and Orono B.I.A.s require the assistance of Clarington to
purchase planters and benches, that staff be given authorization by Council to
proceed with a three-year repayment term with the Orono and Newcastle B.I.A.s for
the total value of approximately $10,400, with funds returned to the appropriate
reserve fund; and
3. THAT the B.I.A.s be advised of Council's decision.
REPORT
1.0 ATTACHMENTS
No.1: Report WD-40-98
No.2: Memo dated June 25, 1998, from the Treasurer regarding interest free loan
options for B.I.A.s
2.0 BACKGROUND
2.1 At a regular meeting held Monday, June 22, 1998, the General Purpose and
Administrative Committee passed Resolution #GP A-404-98 as follows:
,,,mco ~ '''''' '1 3 f\ ()
PAPER '+tJ:1 RECYCLE Y 0
THIS IS PRINTED ON RECVCLED PAPER
.~
REPORT NO.: ADDENDUM TO REPORT WD-40-98
PAGE 2
"THAT Council consider and make a decision at the Council meeting of
June 29, 1998, on offering an interest free loan to the Orono and
Newcastle B.LA. for the purchase of benches and planters for their
downtown business areas."
At a regular meeting of Council held Monday, June 29, 1998, Council passed
Resolution #C-577-98 as follows:
"THAT Report WD-40-98 be tabled to the Special General Purpose and
Administration Committee meeting scheduled for July 13, 1998 to allow
discussions between staff and the Orono and Newcastle B.LA.s to
determine their interest in purchasing benches and planters and repayment
over a period ofthree years."
A memorandum dated June 25, 1998, from the Treasurer to Members of Council
pertaining to interest free loan options for BLA.s was circulated as a handout. At
this same regular meeting, Council passed Resolution #C-578-98 as follows:
"THAT the memorandum dated June 25, 1998 from the Treasurer
pertaining to interest free loan options for B.LA.s be received for
information. "
3.0 REVIEW AND COMMENT
3.1 At the time of writing this report, both the Newcastle and Orono BJ.A.s. had not
had their regular meeting to respond to the above-referenced Council resolutions.
The next regular meeting for the Newcastle B.LA. is scheduled on July 9, 1998
and the meeting for Orono is scheduled for July 22, 1998.
3.2 The memorandum from the Treasurer, Attachment No.2, refers to Section
220(12) of the Municipal Act, which restricts the B.LA. from borrowing money,
but allows Council to approve debt to be incurred beyond the current year. The
Municipality of Clarington would purchase the planters and benches and then the
B.LA. would provide in their annual levy an amount to repay their share of the
1309
~..
REPORT NO.: ADDENDUM TO REPORT WD-40-98
PAGE 3
cost. It has been suggested that a three-year repayment term for the value be
approved.
3.3 Costs
As mentioned in Report WD-40-98, the costs to purchase two (2) benches and
twelve (12) planters for both the Orono and Newcastle B.I.A.s would be
approximately $10,400.
3.4 Funds
There are sufficient funds available in the Industrial/Economic Development
Reserve Fund Account, No.5001-00004-X. Due to the size of the loan, payments
from the B.I.A.s will be deposited directly back into the Industrial/Economic
Development Reserve Fund.
4.0 CONCLUSIONS
4.1 Until the Newcastle and Orono B.I.A.s have their regular meetings, and make a
decision regarding the benches and planters, staff cannot proceed any further.
4.2 Should the Orono and Newcastle B.I.A.s decide on making use of the
Municipality's assistance, it is recommended that Council authorize staff to
proceed with the purchase of benches and planters, and that a three-year
repayment term be approved with the Orono and Newcastle B.I.A.s for the value
of the planters and benches.
Respectfully submitted,
Reviewed by,
~~
Stephen A. Vokes, P. Eng.,
Director of Public Works
/)~
W. H. Stockwell,
Chief Administrative Officer
SA V/GA/wc
08/07/1998
attachments
15'10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
X~~~~x
REPORT
Meeting:
GENERAL PURPOSE AND ADMINIS'FRA TION COMMITTEE
!
File #
Res. #
By-Law #
Date:
June 22, 1998
Report #:
WD-40-98 File #:
Subject:
STREET RECEPTACLES, BENCHES AND PLANTERS FOR ORONO AND
NEWCASTLE BUSINESS IMPROVEMENT ASSOCATIONS
Recommendations:
1. THAT Report WD-40-98 be received; and
2.. THAT Council recommend against the purchasing of benches and planters for the Business
Improvement Areas of Orono and Newcastle.
r.
REPORT
1.0 ATTACHMENTS
No.1:
Correspondence of January 13, 1998 from Sandra Topper requesting street
receptacles for the Orono Business Improvement Association
Report WD-2-90 - Clarification of responsibilities for Capital Purchases and
Maintenance within the Bowmanville, Newcastle and Orono Business
Improvement Areas.
No.2:
2.0
BACKGROUND
2.1 In June of 1993, the MUnicipality ofClarington entered into a five (5) year contract (CL-94-
36) with Canadian Waste Services for the curbside collection of residential refuse. Included
in the contract was a clause wherein the contractor was to supply up to fifty (50) waste
REPORT NO.: ADDENDUM TO REPORT hD-~O-98
A TT ACf-MENT NO. 1
IUC."CLIO ~ _.."1(111 ..
~"~fOlll ~ IIIC1'Cl(
1 3 r 1
REPORT WD-40-98
PAGE 2
receptacles, but these receptacles remain the property of Canadian Waste. These new street
receptacles were to replace the old concrete street receptacles currently being used in the
Bowmanville, Orono and Newcastle Business Improvement Areas.
2.2 Bowmanville Street Receptacles
In 1995, upon commencement of the contract, the Bowmanville Business Improvement
Association requested a particular style of waste receptacle, which was substantially more
expensive and only manufactured by a company of their choice. In order to resolve the
impasse, staff agreed to a request that the waste contractor supply containers of the
Bowmanville Business Improvement Association's choice and reduce the quantity to thirty
(30). It was further resolved, with the approval of the Orono and Newcastle B.LA.'s, that the
Municipality would place some of the old surplus containers from Bowmanville in Orono
and Newcastle, and that consideration would be given to new containers for Orono and
Newcastle upon the renewal of contract CL-94-36.
2.3 Correspondence was received from Sandra Topper of the Orono Downtown Business
Improvement Association, dated January 13, 1998 (Attachment No.1). In this
correspondence, the Orono Business Improvement Association indicated that they would be
purchasing 10 new flower planters and installing new street benches to improve the look of
the Town. They asked that the Municipality of Clarington contribute to this project by
supplying and installing 12 new garbage receptacles.
2.4 Negotiations with Canadian Waste Services
In order to address Sandra Topper's request, Public Works staff negotiated with Canadian
Waste Services to fabricate twelve (12) street receptacles for Orono and twelve (12) for
Newcastle similar to the street receptacles in Bowmanville. An additional two (2) street
receptacles will be fabricated as replacements. Canadian Waste Services, through Public
Works staff, provided a prototype of a street receptacle to the Orono and Newcastle
Business Improvement Associations. Both Business Improvement Associations have
131 2
, .
REPORT WD-40-98
PAGE 3
agreed to accept the proposed receptacle and have been provided a colour sample so that
Canadian Waste can proceed with painting of the receptacles.
2.5 Public Works have now received an additional request from Dan Banting of the Orono
Business Improvement Association, supported by two councillors, to consider the purchase
of new street planters and benches for the Orono and Newcastle Business Improvement
Areas.
3.0 REVIEW AND COMMENT
3.1 Agreement with the Business Improvement Areas
According to Report WD-2-90, "Clarification of Responsibilities for Capital Purchases and
Maintenance within the Bowmanville, Newcastle and Orono Business Improvement Areas"
(Attachment #2), the responsibility to purchase new street planters and benches would be
the Business Improvement Association's.
3.2 Cost
The cost to purchase two (2) benches and twelve (12) planters for both the Orono and
Newcastle Business Improvement Associations would be approximately $10,400.
3.3 Clarification of Responsibilities
If Council decides to purchase the benches and planters for the Orono and Newcastle
Business Improvement Associations, the purchase would be contrary to existing policy.
Specifically, a change in policy respecting the agreement between the Municipality and the
Business Improvement Areas would be required.
4.0 RECOMMENDATIONS
4.1 It is recommended that the responsibilities of the Business Improvement Areas of
Bowmanville, Newcastle and Orono, as outlined in Report WD-2-90, remain unchanged.
1 31 3
. t .1
REPORT WD-40-98
PAGE 4
4.2 Further, it is recommended that the Orono and Newcastle Business Improvement
Associations, not the Municipality of Clarington, be responsible for the purchase of new
planters and benches for Orono and Newcastle.
Respectfully submitted,
Reviewed by
~,,/~
~
W. H. Stockwell,
Chief Administrative Officer
Stephen A. Vokes, P. Eng.,
Director of Public Works
SA V* GA *ce
16/06/1998
-1314 .
-
The !\iaiurai Nu\ Heaiin Shop
ORONO DO\VNTO\VN BUSINESS IlVIPROVEMENT ASSOCI.;\' TION
c/o Sandra Topper, Director
5925 Main Street
Orono, Ontario
LOB 1 MO
January 13, 1998
Steve Vokes and
Don Patterson
Public Works Dept.
40 Temperence St.
Bowmanville, Ontario
LIC 3A6
Dear Mr. Patterson:
This Spring Orono will be celebrating their Town Hall's 100th almiversary. At the
present time our community is not expanding in population or development. Vie are
planning a number of community events this year and hope to continue these events in the
years to come. The only way for businesses and merchants to survive is to encourage
community events and hope that the community will continue and perhaps patronize our
businesses more.
Vo,T e have decided to purchase 10 new flower planters to improve the look of our town.
As well, we will be installing two street benches. A place for shoppers and visitors to
rest, a must for the seniors who walk into Town each day.
A couple of years ago we lost out on a deal for nevv' garbage receptacles in Orono. Vo,Te
are asking kindly for the Town of Clarington to contribute to this project by purchasing
and installing 12 new garbage receptacles along the dO\vnto\\'n in the early spring of
1998. \Ve also require that the service of the waste removal be kept as a patt of your
contract with - I believe Laidlaw?
Below is the manufacturer's name, address and contact person and a break down of the
purchase price. I will give a photocopied picture of the items in question to John Mutton
when I see him on January 14 at our Orono DBIA meeting.
Contact: ~\fs. Zabetda Famum
Toronto Fabricating & r-..'fFG Co.
101 Rangeview Rd. Mississauga
Ontario, Canada
L5 E 1 H2
1315
oJ
ATTACHMENT NO.: 1
REPORT NO.: WD-40-98
The Natural Nut Health Shop
page 1 of2
Orono DBIA to purchase
Planter (#1003 no x's) 10 @
Bench (#716) 2 @
$395.00
$495.00
$3,950.00
$ 990.00
$4,940.00
345.80 gst
395.20 pst
$5,681.00
not including possible delivery charges
Town of Clarington to purchase
Trash Containers (#970) 12 @
(dia: 30" x 20")
$500.00
$6,000.00
420.00 gst
480.00 pst
$6,900.00
no including possible delivery charges
We have decided upon the colour of forest green and will forward a colour s\vatch to the
manufacturer once we have the approval from the Town.
I look forward to hearing from you on this matter as soon as possible.
Sent Via Computer Fax Transmission
Sandra Topper
Director, Orono DBIA
cc: Dan Banting
President, Orono DBIA
John Mutton, Faxed Copy
Regional Councilor
Zabetda Famum
Toronto Fabricating Co.
1 7 1 6
..J
MIfIKl :
DAlE:
~T #:
StRECT :
TOWN OF NEWCASTLE
REPORT
File # .6~. trb. ~
Res. 1#
By-Law #
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MONDAY, JANUARY 22, 1990
WD-2-90
FILE #:
SUBJECT: BOWMANVILLE BUSINESS IMPROVMENT AREA, - CLARIFICATION
OF RESPONSIBILITIES FOR CAPITAL PURCHASES AND MAINTENANCE
WITHIN THE BOWMANVILLE BUSINESS IMPROVEMENT AREA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
;~:! Commi ttee recommend to Council the following:
2 .
3.
4.
'.~ 0.': .
THAT Report WD-2-90 be received;
THAT the responsibilities and levels of service listed on
Attachment No.2 to this report be approved;
THAT the same responsibilities and levels of service listed on
Attachment No.2 apply to the Newcastle Business Improvement Area
and the Orono Business Improvment Area, where applicable; and
THAT a copy of this report be forwarded to the Bowmanville,
"Ney!c~l?tle, pnd. 01;'(;mo.. ,B.,I~A..s9.~dtha.t.,.,t.l.1py .be,-aqvise,d- o.!,.GounG:il's ,',
decision.
--------------------------------------------------------------------------
L
REPORT
1.0
ATTACHMENTS
No.1: Plan Showing the Bowmanville Business Improvement Area
No.2: Table 1 Showing the recommended Sharing of
Responsibilities for the Bowmanville Business Improvment
Area.
1 3 1 7
ATTACHMENT NO.: 2
REPORT NO.: WD-40-98
.. .2
"
REPORT NO.: WD-2-90
PAGE 2
2.0 BACKGROUND
2.1 At a regular meeting held on Monday, October 23, 1989, the General
Purpose and Administration Committee passed Resolution #GPA-749-89,
as follows:
"THAT Walter Evans be assigned the task of acting as Liaison
Officer to the Business Improvement Areas."
2.2 By-law No. 77-33, dated May 16, 1977 was passed by Council to designate
an area in the Bowmanville Central Business District as an Improvement
Area and to establish a Board of Management for the Bowmanville Central
Business Improvement Area. By-law 77-33 was amended by By-law 80-54
dated May 5, 1980. The geographical area of the Bowmanville Business
Improvement Area established by these two by-laws is illustrated on
Attachment No.1.
2.3 The mandate of the Board of Management of the Bowmanville Business
Improvement Area is set out in Clause 3 of By-law 77-33:
"There is entrusted to the Board, subject to the limitations
hereinafter set out, the improvement, beautification and
maintenance of lands, buildings and structures in the area owned
by the Corporation of the Town of Newcastle beyond such
improvement, beautification and maintenance as is provided at the
expense of the municipality at large, and the promotion of the area
as abusi:fi~'ss' -or shopping areCi." . .- ..
2.4 Clause 3 does not clearly define the responsibilities of the Town and
of the Board of Management of the Bowmanville Business Improvement Area.
For this reason The Board of Management has asked me for clarification.
. . .3
1 31 8
REPORT NO.: WD-2-90
PAGE 3
3.0 REVIEW AND COMMENT
3.1 Cost Sharinq Aqreement
In 1982 the Board of Management of the Bowmanville Business
Improvement Area (Bowmanville BIA) entered into a cost sharing
agreement with the Town to do the following in the Bowmanville BIA:
a) Purchase and develop the parking lot at the south-west corner
of the Division Street/Church Street intersection.
b) Lease and develop the Silver Street parking lot.
c) Provide trees, benches, refuse containers, planting boxes and
decorative lighting.
3.2 Cost of the Proqram
~~~ The cost of the program was $330,000, which was financed by a loan of
$150,000 from the Province which the BIA is paying back at $16,500 per
year. The balance of the cost was paid by the Town and the funds were
obtained from the Parking Lot Reserve Fund.
3.3 BIA Budqet
Each year the BIA prepares a budget to provide funds to carry out
various programs in the Business Improvement Area.
The Bowmanville B.I.A 1989 Budget was as follows:
Administration
Promotion
$ 8,000
25,000
-.' '. '16~500' .
10,500
20,000
$80,000
.' .
Repayment-'.bf Loan"
Landscaping
Capital Works
TOTAL
;
--
--------
--------
The funding for the BIA Budget is obtained from a special tax levy on
the businesses within the BIA.
. . .4
-
~ I 9.~'
REPORT NO.: WD-2-90
PAGE 4
3.4 Proposed Cost Sharinq
As noted earlier in this report, Clause 3 of By-law 77-33 outlines the
mandate of the Bowmanville BIA and reads in part "beyond such
improvement, beautification and maintenance as is provided at the
expense of the municipality at large".
The purpose of this report is to list all of the activities which take
place in the Bowmanville BIA for which either the BIA and/or the Town
are involved and agree on the responsibility for the activity.
In addition, this report sets levels of service to be provided for each
of the activities so that we all know what to expect.
3.5 Criteria to be Used to Evaluate and Determine Responsibility
a) The BIA should be responsible only for those items which are nL
normally provided at the expense of the municipality at large.
b) For those maintenance items which are in the gray area where it
is not easy to determine responsibility, the responsibility
should be given to the Town. The logic for this criterion is
that, as much as is possible, the BIA should not be required to
hire and supervise staff to carry out maintenance activities on
the streetscape.
':~"" 'CJln 'order to minimize conflicts/ as'much ;'as iSi?6ssible:~ ';'ooth '
capital and maintenance items should be totally the
responsibility of either the BIA or the Town.
3.6 Determination of Responsibilities
The various activities that are carried out in the BIA are listed on
Attachment No.2. For the purpose of having a complete list and to se+
levels of service, the list includes items such as street sweeping all~
snow removal which are obviously a Town responsibility.
. '. 0
" /
,j L. .
,J
. . .5
REPORT NO.: WD-2-90
PAGE 5
4.0 Review of Report With the Board of Management of the BIA.
This report has been reviewed with the Board of Management of the
Bowmanville BIA and they agree with the recommendations.
5.0 RECOMMENDATIONS
5.1 It is recommended that the responsibilities and the levels of service
listed on Attachment No.2 to this report be approved and that the list
apply to the Newcastle Business Improvement Area, Orono Business
Improvement Area, where applicable, that a copy of this report be
forwarded to the Bowmanville, Newcastle and Orono B.I.A.s and that they
be advised of Council's decision.
.~~;!
Respectfully submitted,
Recommended for presentation
to the Committee,
-------------------------
jr!A/' i .u
. t- J___ _______________________
awrenc . Kotseff,
Chief Onistrative Officer.
//W1i/~'
/
Walter A. Evans, P. Eng.,
Director of Public Works.
WAE*llv
January 8, 1990
Attachments
'. .:
. .. .
." .' *..'
r'
l
10.,;
. 0 . 6
1 32 1
~
REPORT NO.: WD-2-90
PAGE 6
cc: Bowmanville Business Centre
c/o Mr. George Webster
P.o. Box 365
Bowmanville, Ontario
LIC 3Ll
Newcastle Central Business Improvement Area
c/o Dr. J. Baarbe
P.O. Box 548
Newcastle, Ontario
LOA lRO
Orono Downtown Improvement Association
c/o Mrs. Sue Sawyer
P.O. Box 212
Orono, Ontario
LOB IMO
.., .."
. '.- '.:.
. J' .
1 \' ?
. ,) L ....
r-i
-
C>
"2::
I-
::2':
W
~ C)
"-
:::r:: ("')
u I
<C N
l- I
I- q
GE 0 R G E ST. <C :?:
~
(f)
QUEEN AVE.
z
w
w
::::>
o
~
~
~~
~~
~C)
~9:
~~~
~ --.;: ~
~<I)~
CJ.~...:...
Q:)~
Sf)
a5
1 3! ~.
TABLE 1
TOWN RESPONSIBILITIES
A) CAPITAL ITEMS LEVEL OF SERVICE REMARKS
1) Purchase and development of Need for new parking lots to be Funding to be provided
new parking lots determined by the Town and the from Parking Lot Reserve
Bowmanville Business Improvement Area Fund.
B) MAINTENANCE ITEMS LEVEL OF SERVICE REMARKS
1. Trimming of trees Once per year Resolution #GPA-750-89 passed
by Council on October 30,
1989 gave this responsibility
to the Town.
�.' 2. Painting of tree guards As required
3. Benches As required
4 . Refuse containers and boxes Refuse containers to be emptied The Town pays these costs
once per week and more often if now.
required.
5. Power costs for .decorative Not applicable. These power costs are now and
lighting and for christmas have been paid by the Town.
lighting
6. Decorative lighting As required These costs are now and have
been paid by the Town
7. Pick-up of litter At least once per week, all year In 1989, the Tpwn provided
litter pick-up during the
summer months .
8. Parking Lots Plowing and sanding as required. Plowing and sanding is
Litter pick-up at least once per now and has been paid by
week, all year. the Town.
TTA !�l_� T
J-2-DO
•.1
2.
TABLE 1
TOWN RESPONSIBILITIES
B) MAINTENANCE ITEMS (Continued) LEVEL OF SERVICE REMARKS
9 . Snow Plowing and Sanding Maintain a bare road through the
application of sand, salt and plowing.
10. Snow Removal Within 3 days after the end of a snow
storm, any significant accummulation
will be hauled away.
UJ
3
TABLE 1
BOWMANVILLE IMPROVEMENT AREA RESPONSIBILITIES
A) CAPITAL ITEMS LEVELS OF SERVICE REMARKS
1. Purchase of flowers, shrubs, As required These items are not normally
benches, flags and banners provided by at the expense of
(including installation) and the community at large.
christmas lighting
2 . Replacement of trees, tree As required When trees, benches, etc. are
guards and benches damaged by a vehicle, the
Town will attempt to obtain
3. New trees and guards at new As required payment for the damage from
locations the operator of the vehicle.
4 . Purchase of new refuse As required
—' containers and planting boxes
Q� B) MAINTENANCE ITEMS LEVEL OF SERVICE REMARKS
1. Flowers, plants and shrubs As determined by the Bowmanville These items are not normally
flags, banners and christmas Improvement Association provided at the expense of
lighting the community at large.
2. Sidewalks Plowing, sanding and/or
salting is the responsibility
of the individual property
owner
�I
r . ~
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Memorandum
Mayor D. Hamre
Members of Council
To:
Marie A. Marano, Treasurer
From:
June 25, 1998
Date:
Interest Free loan Options for B.I.Ao's
Subjecthe following memo could be received by Council at the meeting of June 29,1998, as an
infonnation item, when considering report WD40-98.
At the General Purpose and Administration Committee meeting of June 22, 1998, committee
amended item # 3 of report WD-40-98 such that a decision would not be made on the funding of
the benches and planters for the Orono and Newcastle B.IA's until information regarding interest
free loans could be circulated by memo.
I have spoken with the Ministry of Municipal Affairs (Janet Andrews/Mirko Lackoseljac) and they
advise of the following:
Section 220 (12) [copy attached] restricts the B.I.A. from borrowing money, but it
allows Council to approve debt to be incurred beyond the current year.
The Ministry advises that it is a fair1y common practice for Municipalities to approve a 8.1A
project which is then performed by the Municipality in order to avoid tne 8.1A borrowing money.
The 8.1. A. then provides in their annual levy, an appropriate amount to repay the value of the
project over an agreed upon tenn.
In consideration of the above, if Council deems it appropriate to approve the project identified in
report 00-40-98, the Municipality would purchase the planters and benches. Funds could be
provided from the Industrial & Economic Development Reserve Fund, account # S001-4-X
(current balance approximately $130,000). Council may wish to approve a three year
repayment tenn for the value of the items, with funds returned to the Reserve Fund.
Each project proposed or requested would require Council approval and an appropriate funding
recommendation.
If there are further questions on the above, please advise.
Department Heads.
Kristine Senior, Acting Deputy Treasurer
REPORT NO.: f\DDENDLM TO REPORT WD-40-98
ATTACHVENT NO.2.
1-')7
) -
MUNIOPAL ACT
nrovided at the expense
;ISJness or shopping area.
:If an improvement area,
sent by prepaid mail 10
: with respect to rateable
. RS.O. 1980, c. 302, s.
.under subsection (2) has
=tibed business property
who, under the tenant's
:uperty; and
. .riescribed in clause (a)
=t is required to pay.
is the by-law referred to
we months after the lat-
. a petition objecting to
uf the persons who are
:J~ for at least one-third
=cribed business prop-
- ~vy as defIned in sub-
rlefined in subsection
- 110t responsible for the
~ ~ tenant's lease.
:1) shall not come into
: municipality receives,
-i--rred to in subsection
~rson who is entitled
.=. s. 217(19); 1993, c.
..:::ieocy of the petition
=termination shall be
~d conclusive. R.S.O.
:sned under subsection .
= appointed by coun- .
'" member of the coun- ,.
"lIS who are entitled to
~~d by such persoru:. :~
':'r
I'ART XVII-POWERS TO "ASS BY-lAWS
5.220
(7) Term of office.-Each member shall hold office from the time of appointment
ulIlilthe expiration of the term of the council that made the appointment, if the member
continues to be qualified, as provided in subsection (6).
(8) Vacancy.-Where a vacancy OCCurs from any cause, the council shall "ppoint a
persOIl qUalified as set out in subsection (6) to be a member, who shall hold office for the
remainder of the term for which his or her predecessor was appointed.
(9) (dem.-The memb<:rs shall hold offIce until their successors arc appoi.1[ed and
are eligible for reappointment on the expiration of their term of office.
(10) Estimates,-A board of management shall submit to the council its estimates for
the Current year at the time and in the form prescribed by council and may make requisi-
tions upon the council for all money required to carry out its powers and duties, but noth-
Ing herein divests the council of its authority with reference 10 rejecting such estimates in
whole or in par! or providing the money for the purposes of the board of management and
when money is so provided by the council the treasurer shall, upon the certifiCi:le of the
board of management, payout such money to the board of management.
(II) Expenditure of money.- The board of managemem shall not spend any money
not included in the estimates approved by the council or in a reserve fund est2blished
under section 163.
l0~orrowing prohibited, restrictions on incurring indebtedness.-n.e boar;"
of'rmmagement shall not borrow money and. without the prior approval of the COtillcil, it
ma y not incur any indebtedness extending beyond the curren: year. RS.O. 1980, c. 302, s. ,.
217(19); 1993, c. 27, Sch.
(13) Procedures.-Section 147 of this Act and section 65 of the Ontario Municipal
Board Acr apply to the giving of an approval of indebtedness by a council under ~ubsec-
tion (12) as though the giving of the approval were the incurring of the indebtedness by
the municipality. RS.O. 1980, c. 302, s. 217(19); 1993, c. 27, Sch; 1996, c. 32, s. 51.
(14) Annual report.-Qn or before the 1st day of Mzn:h in each year, a board of
management shall submit its annual report for the precedin(: year to council, including a
complet~ audited a!ld certifIed fmancial statement of its affai"S, with balance sheet <..::d rev-
enue and expenditure statement.
(15) Auditor.- The municipal auditor shall be the auditor of each such board of man-
agement and all books, documents, transactions, minutes and accounts of a board of oan-
agement shall, at all times, be open to his or her inspection.
(16) Dissolution of board.-Upon the repeal of a by-bw establishing a oo~d of
management, :he board ceases to exist and its undertakings, zsscts and liabilities 5211 be
assumed by the municipality. R.S.O. 1980, c. 302, s. 217(19); 1993, c. 27, Sch.
(17) Special charge.-Subject to such maximum and minimum charges as the Coun-
cil may specify by by-law, [he council shall in each year leV)' i special charge u;:'O::l me-
able property in the area that is in a prescribed business propeny class sufficient !O pro-
,.ide a sum equal to the sum of money provided for the pu~ of the board of ill2..'l2ge-
ment for that area, together wilh interest on the sum at such rate is is required to repay any
interest payable by the municipality on the whole or any part of such Sum. R.S.O. 1950. c.
302, s. 217(19); 1993, c. 27, Sch; 1997, c. 5, s. 51(5).
181
11 ? 8
:> '-
~1/\s
~p,.