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HomeMy WebLinkAboutCAO-009-09GIar W~~ton REPORT CHIEF ADMINISTRATIVE OFFICER Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 7, 2009 IQeso ~u,~; ~ ~ G ~~ ~ ~ ~0 ~ O `~ Report #: CAO-009-09 File: BY-law #: o?DUr/- / 75' Subject: CLARINGTON CONCERT BAND Recommendation It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CAO-009-09 be received; THAT permission be granted to the Clarington Concert Band to use or present itself as the Official Town Band of Clarington subject to the terms and conditions attached to this report; and 3. THAT Mr. Colin Rowe of the Clarington Concert Band be advised of Council's decision. ~_ Submitted by!~ ~ ~ ' ~^^'~-~~ Franklin Wu M.A.O.M Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5717 REPORT NO.: CAO-009-09 PAGE 2 1. BACKGROUND 1.1 At a meeting held on March 23, 2009, Council considered the request from the Clarington Concert Band to be designated as the "Official Town Band for the Municipality of Clarington", and referred the matter to the CAO for review and report. 1.2 The CAO recently met with Mr. Colin Rowe, the Past President of the Clarington Concert Band in order to gain a better understanding of the request and at the same time to discuss and explore issues that are relevant to the request. 2. COMMENTS In the review of the request, several factors were considered. 2.1 Precedent The request for the designation as the Official Town Band is unique and certainly the permission to use the word "Official" is a form of endorsement in which the Municipality traditionally does not get involved and there is no established policy or precedence to rely on. 2.2 Practice in Other Municipalities We have contacted several of our neighboring municipalities and they all have some forms of a "Town Band". However, their policies or practices of endorsement or support vary substantially from very loose arrangement to formal agreement. In the absence of best practices, it would appear best for Clarington to develop its own approach to deal this type of request and assess its merit based on local circumstances. 2.3 Financial Consideration Generally speaking, when a third party requests a permission or endorsement, it usually carries with it certain incentives to support the request. In the case of the Clarington Concert Band, this is not possible due to its non-profit nature of the organization. However, it did raise a valid point that it will raise the profile of the REPORT NO.: CAO-009-09 PAGE 3 Municipality through its public performance both within and outside the municipalities. In its proposal to the Municipality, the Clarington Concert Band has made it very clear that it is not using the designation or permission to seek additional financial assistance from the Municipality. This should alleviate any fear of setting a precedent for other groups or organization to follow. 2.4 Other Bands In consideration of the request from Clarington Concert Band, the Municipality should be cognizant of the existence of other bands in the communities. Therefore, Clarington Concert Band must possess the conditions that make it unique or special that it would be worthy of the "official" designation. In this regard, Clarington Concert Band is the only fully established community concert band or wind ensemble. It has performed at many public community events and has unofficially represented the Municipality in events outside Clarington. The only other concert band in Clarington is the New Horizon Band which primarily caters to seniors and beginners. 3. TERMS AND CONDITIONS Based on the foregoing comments, it would be prudent that the matters raised should be properly documented as terms and conditions under which the permission for the Clarington Concert Band refers itself as the "Official Town Band of Clarington" is granted. These conditions (Attachment No.1) have been reviewed with Mr. Colin Rowe who advised that the Executive Committee of the Clarington Concert Band has accepted the terms without amendment. 4. CONCLUSION Staff agree that the Clarington Concert Band will promote and raise the profile of the Municipality. We are also satisfied that the terms and conditions will safeguard the Municipality from potential risk and liability. Therefore, we respectfully recommend Council to approve the recommendations contained in this report. ATTACHMENT NO. 1 TO REPORT CAO-009-09 Permission to the Clarington Concert Band to be known as the Official Town Band of Clarington Terms and Conditions The Corporation of the Municipality of Clarington hereby grants to the Clarington Concert Band the permission to present itself as the Official Town Band of Clarington subject to the following terms and conditions: 1. Clarington Concert Band shall not use the permission to market or promote its products or services for the purpose of commercial gain or profit. 2. Clarington Concert Band shall at all times maintain a high level and quality of public musical performance worthy of the permission. 3. The permission is solely granted to the Clarington Concert Band and is not transferrable. 4. Clarington Concert Band acknowledges that the permission carries no financial support from the Municipality other than those secured through the Municipal Grant Program. 5. Clarington Concert Band acknowledges that the Municipality of Clarington assumes no liability with respect to the granting of this permission. 6. The Municipality reserves the right to terminate this permission or modify the terms and conditions with prior notice to the Clarington Concert Band. The Clarington Concert Band accepts the terms and conditions set out above. I have the authority to bind the Corporation THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and The Clarington Concert Band to authorize the Band to present itself as the Official Town Band of Clarington WHEREAS, in accordance with section 8 of the Municipal Act 2001, as amended the Municipality of Clarington may enter into an agreement with another party; WHEREAS the Clarington Concert Band has requested to be designated as the Official Town Band for the Municipality of Clarington; and WHERE Council deems it appropriate to designate the Clarington Concert Band as the Official Town Band for the Municipality of Clarington as it will promote and raise the profile of the Municipality, NOW THEREFORE COUNCIL HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an agreement between the Clarington Concert Band and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" forms part of this By-law. BY-LAW read a first, second and third time this day of December 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk