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HomeMy WebLinkAboutADMIN 82-54)G.4. ,B < y -7eJ CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C3A6 TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 12, 1982 ADMIN. NO: 82 - 54 SUBJECT: FEASIBILITY STUDY - BOWMANVILLE MUSEUM FEASIBILITY STUDY - CLARKE MUSEUM RECOMMENDATIONS: 1. That this report be received; and 2. That the Mayor, Council and Staff convene a meeting with representatives of the Bowmanville Museum Board, the Clarke Museum Board, the Newcastle Village Historical Society and LACAC, to discuss the creation of a single Board of Management for the administration and operation of Museums in the Town of Newcastle; and 3. That a copy of this report be forwarded to the above -mentioned organizations for information. BACKGROUND AND COMMENT: At the General Purpose and Administration Committee meeting of June 14, 1982, Committee passed a resolution requesting staff to review the Feasibility Study of the Bowmanville Museum and to bring back our report for further discussion. On May 31, 1982 staff reported to Committee on the Clarke Museum Feasibility Study and convened a meeting with the Clarke Board on July 5, 1982 to discuss their plans to undertake a feasibility study. �1 n' C' Cont'd Page 2...... ADMIN. NO: 82 - 54 Page 2 In the course of that meeting; discussion centered on the possible advantages of having a single Board of Management for Museums in the Town, that potentially could serve to co-ordinate activities, and on the need to examine the feasibility of all museum expansion plans. On the basis of the discussion at the meeting, it is felt that Council should not take any action on the Bowmanville Museum Feasbility Study at this time, and should request the Clarke Museum Board to hold on the preparation of a Feasibility Study until the longer issues of the management of the museums is dealt with. Staff have listed some points for discussion on the attached sheet, that might appropriately be dealt with at a meeting as contemplated by the recommendations in this report. Under the Municipal Act Section 208, Subsection 57, (R.S.O. 1980), a municipality may appoint a Board of Management to maintain and operate a museum. Clause (e) of Subsection 57, allows Council to appoint an appropriate number of persons to such as Board. In April of 1974 the Town passed by-law 74-40 (copy attached) setting -up a single museum board. In November of 1974 Council passed by-law 74-81, copy attached allowing a Management Board to be established for each museum, as directed by the Town of Newcastle Museum Board. It appears, that the two existing Museum Boards, Bowmanville and Clarke have been established and operate on the basis of by-law 74-81, although not at the "direction" of the Newcastle Museum Board. No attempt has been made to research the history of the Museum Boards in Newcastle beyond the adoption of the above mentioned by-laws. Suffice it to say, that a single Museum Board was established and that currently two Boards operate independently, as before Regionalization, in 1974. Respec ly ubmitted, D. N. Smith, M.C.I.P. DNS/hl Administrator July 7, 1982 Encl: Points for Discussion By -Law 74-81 By -Law 74-40 Municipal Act Section 208, Subsection 57 (R.S.O. 1980) POINTS FOR DISCUSSION Town of Newcastle Museum Board A single Board as contemplated by-law 74-40, to plan budget and co-ordinate the museum facilities and programs in the Town. Composed of 8 - 10 members, appointed by Town Council. (The member is without restriction). Primary tasks would be to develope a single "Statement of Purpose" and to undertake an expanded feasibility study of all facilities. Has advantages in that possible duplication of effort and funds can be avoided. I THE CORPORATION OF THE TOWN OF NEWCASTLE By -Law No. 74-81 a by-law to amend By -Law No, 74-40 establishing a Board of Management to operate Museums on its behalf. WHEREAS it is deemed desirable to amend Py-Law No. 74-40 establishing a Hoard of Management to operate museums to include the appointing of a Board of Management for each Museum, NOW THEREFORE the Council of the Corporation of the Town of Newcastle hereby enacts as follows: THAT By -Law No. 74-40 be amended by the addition of the following section: 7, (j) appoint a management board for each museum which shall carry out such duties as directed by the Town of Newcastle Museum Board, 0 READ A FIRST �1g SECOND AND THIRD TIME And finally passed this soeeday of ..... � I , 1974 G.B. Rickard Mayor Seal J..M. McIlrov Clerk NmdCcp�l C6:;rk THE CORPORATION OF THE TOWN OF NEWCASTLE BY—LAW NO..Z'�. A by—law to establish a Board of Management to operate museums on its behalf. WHEREAS Chapter 284, Section 352, Subsection 74 of the Municipal Act R.S.O. 1970 authorized the Council of a Municipality to establish a Board Of Management to operate a museum on its behalf; AND WHEREAS it is desirable that such a board be established and known as the Town of Newcastle Museum Board for the purpose of operating Museums in Bowmanville and Clarke; THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY EN/,CPS AS FOLLOWS: 1. That the buildings and lands as per Schedule A attached hereto shall be known as the Bowmanville Museum and the Clarke Museum. 2. That subject to such limitations and restrictions as Council may from time to time impose, the restoration, maintenance, control, operation and management of the Museums is entrusted to a board of management to be known as the Town of Newcastle Museum Board and hereinafter referred to as the Board. 3. (a) The Board shall consist of two members of Council and five other members who are qualified to be elected as members of Council each of whom shall be appointed by Council. (b) The members of the Board who are members of Council shall be appointed annually. (c) The members of the Board who are not members of Council shall hold office for a term of three years and may be re —appointed to three consecutive terms at which time they must retire for at least one term to be eligible for re —appointment to the Museum Board. (d) Of the five other members of the first museum board, the first appointee shall be appointed for a one—year term, the second for a two—year term, the third for a three—year term, the fourth for a one—year term, and the fifth for a two—year term, etc. L11 subsequent appointments and re —appointments of members to the Board will be for a term of three years. (e) 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 he was appointed, Council shall appoint another eligible person in his place for the unexpired portion of the term. W'ftW.i. -2— ` 4. The members of the Board shall serve without remuneration. 5. A majority of the members of the Board constitutes a quorum. By—law No. 74-40 6. No member of the Board, or of Council, shall have any contract with the Board or be pecuniarily interested, directly or indirectly, in any contract or work relating to the operations or functions of the Board. 7. Subject to such limitations and restrictions as Council may from time to time impose, by by—laws, resolution or otherwise, the Board may; (4) fix the times and places for 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 chairman, vice—chairman and 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) fix the hours when the Museum shall be open to the public, and require payment of fees or charges for admission thereto or tho \ram use thereof, and prescribe such fees and charges; (e) adopt policy for rules for the use of the Museum and for the admission thereto or the use thereof, and prescribe such fees and charges; (f) sell literature of historical significance or interest, sell within the museum souvenirs, _and refresh— ments at such prices as the Board may decidayprovided that the exercise of the power to sell refreshments shall be subject to the prior approval of Council, and to such terms and conditions as Council may impose.; (g) produce, copy and distribute historical publications and documents relating to the history of the Town of N wcastle; (h) encourage and develop volunteer groups to assist in the further development of museums and historical matters within the Town of Newcastle; (i) carry out such other duties relating to the history and development of the Town of Newcastle as may be assigned to it by Council. 8. The meetings of the Board shall be open to the public, and no person shall be excluded therefrom except for improper conduct. ✓ 9. The Board shall keep minutes of its meetings and all books, papers and documents used in, and pertaining to tha business of the Board, and all such minutes, books, papers and documents shall be open to the members of the Council and to any other person or persons appointed for that purpose by Council. -:31i4e' -3- By—law No. 74-40 ' 10. The Board 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, and the municipal treasurer shall pay to the Board, out of the moneys appropriated for it by Council, such amounts as may be requisitioned from time to time. (Or shall pay the Museum accounts approved by the Board directly, in respect to, and to the limitations of, the approved budget, revenues and appropriation.) 11. The Board shall keep distinct and regular accounts of its receipts (including; any private donations received by it and the terms, if any, upon which such donations were made), payments, credits and liabilities. 12. The accounts and transactions of tha Board shall be auditied by the Municipal ;,uditor in tha same manner as the accounts of the Municipality and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to his inspection at all times. 13. Immediately after its accounts and transactions have been audited, the Board shall submit the audited statement, together with an annual report of its affairs, to Council. 14• The Board may apply the revenue, exclusive of any private donations, received by it to the payment of its expenses, to the limits of the approved annual budget. Expenditures of revenues in excess of estimates must have prior approval of Council. 15. The Board may, with the approval of Council, establish a Museum Development Fund, into which donations and net revenues, if any, may be placed for future museum development projects and may apply any private donations in such manner as it deems advisable but not inconsistent with the terms upon which any amount was donated. 16. That all By—laws in the former Township of Clarke, Township of Darlington, Town of Bowmanville and Village of Newcastle, not consistent with this by—law, are hereby repealed. READ A FIRST, S?COND AND THIRD TIh:E; AND FINALLY PASSED this day of .......yC7?".�;(C :.....1974. Mayor Clerk THE CORPORLTION OF TIE TOA OF NEWCLSTLE 0 SCHEDULS 1. TO BY—LAW NO. 7.4 40 ........ L. That the museum and ground fronting on Silver and Temperance Streets in the former Town of Bowmanville be known as the Bowmanville Museum. 2. That the building on the South East corner of Church and Center Streets in the former Village of Orono be known as the Clarke Museum. M 230 Chap. 302 MUNICIPAL Sec. 208 ¶56 (k ) exist and its undertaking, documents, assets and liabilities shall be assumed by the municipality. R.S.O. 1970, c. 284, s. 352, par. 73; 1976, c. 69, s. 9 (2, 3). Special Undertakings dcil ertakinge 57. For acquiring, erecting, altering, maintaining, operating or managing or gKanting aid for the acquisition, erection, alteration, maintenance, operation or management of monu- ments, memorial windows, tablets, parks, recreational areas, playgrounds, athletic fields, zoological or other gardens, natural history collections, observatories or works of art, or other places of recreation and amusement, arenas, auditoriums, health or community recreation centres, stadia, museums, including public historical museums and similar buildings, within or outside the municipality that may or may not p be in commemoration of the persons or any class thereof who served during any war in the armed forces of Her -Majesty or Her Majesty's allies or in the auxiliary or ancillary services of such qw. , forces or in the merchant marine or any Corps of (Civilian) Cana - than Fire Fighters for service in the United Kingdom. (a) The corporation may borrow money for any of the purposes of this paragraph by the issue of debentures and may levy therefor or for any of the purposes of this paragraph on the rateable property in the municipality or in defined areas thereof. (b) The, council may authorize the erection of any such monument in any highway over which the corporation has jurisdiction. (c) Any such building may be established and equipped as a home or clubhouse for such persons or any class thereof or may be used for such purposes as the council considers proper. (d) The councils of two or more municipalities may enter into agreement for carrying out any of the purposes of this paragraph in any one of such municipalities. h ` (e) The council may appoint such number of persons who are qualified to be elected as members of the council as it deems appropriate to act on its behalf as a board of management for any undertaking under this paragraph. Sec. 208 ¶59 MUNICIPAL Chap. 302 231 l%) 1!l'here two or more municipalities have provided in an `V agreement under clause (d) for a board of management to / act on their behalf, they may provide for the number of members that may be appointed to the board by each of the municipalities, but each member of the board shall <v be a person who is qualified to be elected as a member of the council of one of the municipalities. (g) The council may prescribe fees for admittance to or for the use of any undertaking under this paragraph. (h ) A board of management appointed under this paragraph for an arena or community recreation centre shall have the power to let from year to year or for any time not exceeding ten years the right to sell refr,,h- nlents within the arena or community recreation centre under such terms and conditions as the board may pre- scribe. (I) Members of a board of management appointed under this paragraph shall hold office at the pleasure of the council that appointed them and unless sooner removed shall hold office until the expiration of the term of the council that appointed them anduntil their successors are appointed and are eligible for reappointment. (j) Where it member of a board of management appointed under [his paragraph has been removed from office before the expiration of his term, the council may appoint another eligible person for (he unexpired portion of his term. R.S.O. 1970, C. 284, s. 352, par. 74; 1972, c. 1, s. I; 1976, c. 69, s. 9 (5); 1978, c. 32, s. 16 (3); 1979. c. 63, s. 6 (2); 1979, c. 101, s. 5. 58. For entering into any agreement with Her Majesty Agrpee mn is in right of Ontario respecting regional economic development ecuresnomio and, subject to the approval of the Minister, any ancillaryeevelopmenr or subsidiary agreements with any person required as a result of entering into such an agreement with Her Majesty. 1974, c. 3, s. 2. 59. Without limiting the generality of section 193, andPowerto acquire real to addition to the powers set out therein, for acquiring Propertyror by purchase or lease real property for the purpose of %'eemeo leasing such. property to a legally qualified medical or 7engei r dental practitioner on such terms and conditions as the council may determine, and such property may be so leased for residential, clinical or office purposes or a combination thereof.