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HomeMy WebLinkAboutCS-06-93�y THE CORPORATION OF THE TOWN OF NEWCASTLE n : GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # � � 1 (1` Meefl g Ekes. # 'A - - " Date: APRIL 5, 1993 Lay -Lair # Report #e ___CS_ 04_q_3_ File #: Subject: AMENDMENTSATO THE NBY-LAW N RD (78 -6O; ecottttttent9a Eonm neral Purpose an t is respectfully recommended that the Ge 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 he purp ose t odf appointing the nomination process Centre prescribed members to the Orono Arena Community Board; the 4, THAT the Durham leticrAssoci Association bearequested to and Orono Amateur Ath 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: R `E2`rECE RFU1 LED VAI%ER REPORT NO. CS -06 °93 APRIL 51 1993 2 ° "THAT the presentation of Mrs. eceived; Elaine Flintoff be J_ THAT a meeting be organized with the Orono Arena Centre Board co- ordinated by Councillor Community Department in order Dreslinski and the Community ServicesrDep Flintoff; to deal with the concerns raised by -law establishing THAT staff examine the appropriate by the subject Board in light of Mrs. Flintoff's comments; report be prepared and presented to thaell General of the THAT a rep regarding Purpose and Administration ssible;Cand,ttee reg above as soon�as p THAT Mrs. Elaine Flintoff be advised of the above actions." 1.2 This report will recommend amendments to the existing original ly law (By -Law 78 -63 Attachment 1) which passed by Council to establish the Orono- Arena operation Community Centre Board and its responsibilities in the the facility. Please note that the, concerns of been Flintoff, relative to her son, have previously addressed through Report # CS-32 -92 which was received by the General Purpose and Administration Council during 1992. Committee meeting of October 19, 2,0 REVIEW OF BY -LAW 78 -63 f the Community 2 ,1 The Services Department sios with taff o Councillor Dreslinski met - on September 15, 1992 with representatives of the Board d of the Orono Laverne and Mr. Boyd Mr. Gordon Lowery Amateur Athletic Association O.A.A.A. ) ; and, on February 9, 1993 with the aforementioned members nd he O. Richard Mr. Bill Tomlinson, Mrs. Carole Bailey a 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 iew of that have been raised. The following is a rev „/3 �t REPORT NO. CS -06 -93 _ 3 _ hPRIL 51 1993 specific areas of the By -law and the proposed amendments that have been agreed upon by all parties. 2.2 Composition 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 t h e 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 community 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 Meetings 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 atters of personnel, participation exce t when m 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 , jr -) REPORT NO. CS -06 °93 ® 4 _ APRIL 51 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 information. 3.0 SUMMARY 3.1 The discussions that were held between i he Com unity Services Department and the groups associated 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 REPORT NO. CS -06 -93 _ 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 operation 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. REPORT NO. CS-06-93 Respectfully Submitted, ® 6 _ APRIL 5, 1993 Jo ph Caraana, Director ne artment of Community Services JPC:JJC:sa Recommended for presentation to the Committee Lawrence E. Not e f, Chief Administr�a� ve 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 LOB 1M0 Mr. Laverne Boyd Orono Amateur Athletic Association p.O. Box 165 ORONO, Ontario LOB 1M0 Mr. Bill Tomlinson Durham Central Agricultural Society P.O. Box 294 ORONO, Ontario LOB 1M0 Mrs. Carole Bailey Durham Central Agricultural Society 12 Churchill ORONO, Ontario LOB 1M0 Judge Richard Lovekin (Retired) 196 Lovekin Road Newcastle, Ontario In IHE CORPORATION OF THE TOWN OF NEWCASTI 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; sw� AND WHEREAS THE CORPORATION OF THE TOWN OF NEWCASTLE HAS LEASED FROM THE DURHAM CENTRAL AGRICULTURAL SOCIETY THE LANDS AND PREMISES MORE PARTICULARLY DESCRIBED IN AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF NEWCASTLE AND THE N 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 ARENA, 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; - 2 - 1. 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 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 SEVEN (7) PERSONS ALL OF WHOM SHALL BE APPOINTED ANNUALLY BY RESOLUTION OF COUNCIL; TWO MEMBERS OF WHOM SHALL BE MEMBERS OF COUNCIL, AND IT IS THE WISH OF THIS COUNCIL, WITHOUT BINDING ANY FUTURE COUNCIL THAT, 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 THE PURPOSE OF NOMINATING A REPRESENTATIVE TO SUCH BOARD. `v�✓ 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 TIME, IMPOSE BY BY-LAWS, 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; n - 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. S. A MEETING OF THE BOARD SHALL BE OPEN TO THE PUBLIC AND NO PERSON SHALL BE EXCLUDED THEREFROM EXCEPT FOR IMPROPER CONDUCT, OR WHEN PERSONNEL, LABOUR RELATIONS, PROPERTY ACQUISITION AND ADVICE OF COUNSEL ON PENDING OR POSSIBLE LITIGATION MATTERS ARE BEING DEALT WITH. 9. 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 OTHER PERSON OR PERSONS APPOINTED FOR THE PURPOSE BY COUNCIL. IM 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, 11, 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 O ANNUAL REPORT OF ITS AFFAIRS TO COUNCIL, l 14, THAT BY -LAWS NUMBERS 77 -74 AND 77 -79 ARE HEREBY REPEALED, READ A FIRST AND SECOND TIME THIS 25TH DAY OF SEPTEMBER, 1978, READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF SEPTEMBER, 1978, i �, I�, RI CKARD MAYOR CLERK, 0 0 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: THAT Section 2 be deleted in its entirety and replaced with the following: 112. 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." THAT Section 6(A) be deleted in its entirety and replaced with the following: 116. 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 meetings 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. CLERK S s y� I