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HomeMy WebLinkAboutTR-85-96 Addendum UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# G Date: March March 17, 1997 Res. # By-Law# Report#: n nnUUnlnIffft TO- -85&-96---- Subject: RECREATION AFFILIATE BOARDS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the addendum to Report TR-85-96 be received; 2. THAT Report TR-85-96 be lifted from the table (Attachment "E"); 3. THAT the recommendations contained in Report TR-85-96 be deleted and replaced with the following: a) THAT the appropriate By-Law (Attachment "A"), be passed to repeal By-Laws 75-56 and 75-57 establishing the Waverly Road and Soper Creek Parks as community centres under the Community Centres Act; b) THAT the Mayor and Clerk be authorized to negotiate and execute lease agreements, the form of which is to be considered and approved by the Chief Administrative Officer in consultation with the Solicitor, with the following organizations for the applicable facility at a lease rate of $1.00 per year: i) Orono Town Hall ii) Newtonville Hall iii) Memorial Park iv) Haydon Hall v) Hampton Hall vi) Baseline Community Hall vii) Brownsdale Community Hall; C) THAT as the Burketon Park Board is now inactive, the Treasurer be requested to turn over the remaining funds raised by the Board to the Municipality's Treasurer to be set aside in a reserve to be used for improvements to the Burketon Park; RECYCLE° ECYc P E N 1301 i GPRM DW RECYCED PAPER ADDENDUM TO TR-85-96 Page -2- d) THAT the following recreation affiliate boards be disbanded as Boards of Council: i) Orono Town Hall (By-Law 79-12) ii) Lion's Centre (subject to legal opinion regarding status of capital grants repayment potential) (By-Law 86-154 & 87-94) iii) Burketon Park (By-Law 83-105) iv) Baseline Community Centre (By-Law 80-115); and the appropriate By-Laws (Attachments B to B-3), to repeal the above establishing By-Laws be passed effective upon execution of each lease agreement except Burketon Park which is recommended to be completely disbanded with no subsequent lease agreement; e) THAT the attached By-Law (Attachment "D") be passed to establish the Tyrone Community Centre Board as a Board of Council; f) THAT two representatives of Council be appointed to the Tyrone Community Centre Board; g) THAT as per By-Law 83-28, two representatives of Council be appointed to the Solina Community Centre Board; h) THAT the Municipality provide a grant to each organization listed in Recommendation #4 to purchase liability insurance coverage for the term of the first lease agreements or as long as is financially necessary after 1997 and on an as requested basis through the annual budget or grant process; i) THAT the Treasury Department be authorized to negotiate the initial group purchase of liability coverage on behalf of those organizations from eligible insurance providers; j) THAT the Treasury Department be authorized to purchase accident and income protection coverage for the members of the leasing organizations similar to that currently provided by Frank Cowan Insurance Company for existing members of Boards of Council (see Attachment "C"); k) THAT the Municipality discontinue coverage under the master municipal policies for those groups listed in recommendation number 4 as soon as alternate liability insurance coverage is obtained per recommendation number 11; 1) THAT the Tyrone Community Centre and the Solina Community Centre remain as Boards of Council and be required to submit their books and records annually for review by the Municipality's auditors and consolidation with the Municipality of Clarington's financial statements, along with Newcastle Town Hall Board, Newcastle Arena, Orono Arena, Bowmanville Museum and Clarke Museum; 130 ADDENDUM TO TR-85-96 Page -3- m) THAT in order to satisfy the Provincial requirements regarding the Treasurer's responsibility for the boards' finances, the Tyrone Community Centre and the Solina Community Centre submit to Council on a regular basis for inclusion in the Council Agenda, their minutes, indicating approval of expenditures made and a record of revenue collected; n) THAT the Boards that are to remain as established Boards of Council as identified in recommendation #14 be requested to confirm in writing the following: i) THAT the Boards will submit their minutes to Council; ii) THAT the Treasurers of the Boards be bonded; iii) THAT no new bank accounts be opened without the permission of the Municipal Treasurer; iv) THAT the Boards agree, in writing, not to incur debt; V) THAT any reserve funds be placed in the custody of the Municipal Treasurer; o) THAT the books and records of the all recreation affiliate boards be reviewed and consolidated for the 1996 year, as per the opinion of the Municipality's lawyer and auditors; P) THAT the Municipality continue to be responsible for capital improvements through the annual capital budget process and maintenance of the building envelope through the Property Manager's office; 4. THAT Report TR-85-96, as amended by this addendum be approved; and 5. THAT a letter be sent to each of the affected Boards, informing them of Council's direction with a copy of this report and also advising them that staff are available to assist in the transition as necessary and as requested by the Boards. BACKGROUND: 1.0 At the General Purpose and Administration Committee meeting of December 2, 1996, Council tabled report TR-85-96 (See Attachment "E") with the exception of recommendation number 9 and directed staff to meet with all affected Boards to discuss the contents of the report. Subsequently, meetings were held in which all Boards were represented on January 9th and 16th, 1997. Staff have also attend Board meetings where requested. 1.1 All of the Boards expressed a desire to ensure a future liaison with the Municipality to ensure that the community's interests are safeguarded. All of the Boards with a smaller scope of operations were favourable towards the establishment of lease arrangements provided that there was some assurance that the liability coverage would be available in future years. 1303 ADDENDUM TO TR-85-96 Page -4- 1.2 Both Tyrone Community Centre and Solina Community Centre, due to the larger scope of their operations, expressed a wish to remain as Boards of Council and to have Council representatives appointed to their Board. This was discussed with the Municipality's auditors and insurance carriers. 1.3 The Municipality's insurance carrier indicated that the Boards would continue to be covered under the Municipality's Master Policy provided that they are properly established by By-Law with Council representation and appropriate reporting mechanisms to Municipal Council. 1.4 The Municipality's auditor also indicated that this would be appropriate provided that financial safeguards are put in place such as periodic reporting throughout the year, Council representation with minutes of Board meetings submitted to full Municipal Council, that the Treasurers be bonded, that no new bank accounts be opened without the permission of the Municipal Treasurer, that the Boards agree in writing not to incur debt and that any reserve funds be placed in custody of the Municipal Treasurer to be set aside for the applicable Board. 1.5 With respect to Zion Park Association, after meeting with representatives of the organization and further discussion, it was determined that the Association is not a Board of Council and is not eligible for coverage under the Municipality's Master Policy. This is due to several issues. The Association does not operate or maintain Zion Park on behalf of the Municipality. The Association also does not regulate the use of the park. It simply permits the park for sporting events. As a result, the Zion Park Association does not need to be involved in leasing arrangements with the Municipality. It has however been recommended to the representatives of the Association that the review their own insurance liability to ensure adequate protection for its members. 1.6 Discussions were held with the Treasurer of the Burketon Park Board. The Board has been inactive for quite some time and has a small sum of money remaining in a bank account in the name of the Burketon Park Board. It was suggested that the Treasurer would turn over these funds to the Municipality if they were to be put to use for future improvements at the Burketon Park. It is therefore recommended that the Board's Treasurer be requested to turn over the funds to the Municipal Treasurer and that the funds be set aside for future use at the Burketon Park. 1.7 Currently all members, volunteers and student workers of Boards of Council are covered under the Municipality's Master Insurance Policy for accidental death and dismemberment and income protection coverage if they are injured while performing duties on behalf of the Board. A concern was expressed by the representatives of the Boards that if they are disbanded and lease the facilities, they would no longer qualify for this coverage. Although no claim has ever been filed under this policy, it is an important item to the Board members who volunteer a significant amount of time to the operation of the facilities. It is recommended that the Treasury department be authorized to obtain equivalent coverage of this nature from a qualified provider for members and volunteers of the organizations who would be no longer covered under the Municipal policy. 1304 ADDENDUM TO TR-85-96 Page -5- 1.8 In Report TR-85-96, it was recommended that the organizations affected by the lease arrangements continued to be covered under the Municipality's Master Policy until this policy term expires on June 30, 1997. Due to the uncertainty surrounding the eligibility and current status of the Boards, it is recommended that alternate liability coverage be obtained immediately. Frank Cowan Company has provided written assurance that the Boards are covered under the policy but only on an interim basis. They are awaiting Council's direction on the future status of the current Board's. 1.9 Finally, it was the opinion of the Municipality's lawyer that the determination of the status of the Boards cannot be retroactive and therefore the books and records for all current Boards of Council must be submitted for annual review to the Treasury department for preparation and consolidation of the Municipality's 1996 financial statements and audit. CONCLUSION: 2.0 In order to ensure that full liability insurance protection is in place, it is recommended that the Orono Town Hall, Memorial Park, Brownsdale Community Centre, Newtonville Hall, Haydon Hall, Hampton Hall, and Baseline Community Centre Boards be disbanded as Boards of Council and that in turn the organizations continue to operate the facilities under a lease arrangement with funding for insurance liability coverage to be provided by the Municipality for as long as it is reasonably required depending on the financial status of each group. 2.1 Due to the larger scope of their operations, it is also recommended that Solina Community Centre and Tyrone Community Centre be appropriately established as Boards of Council with Council representation on the Board and that they therefore continue to be covered under the Municipality's Master Insurance Policy. Respectfully submitted, Reviewed by, arie A. Marano, H.BSc.,A.M.C.T., .H. Stockwell, Treasurer. Chief Administrative Officer. MM/NT/hjl Attachments 1305 Attachment "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- Being a By-Law to repeal By-Laws #75-56 and #75-57 being a By-Law of the former Town of Newcoglle to egtabllgln n Community Itecreation Centre at Waverly Park and Soper Creek Park in the Former Township of Bowmanville, now in the Municipality of Clarington. THE COUNCIL of the Corporation of the Municipality of Clarington enact as follows: 1. THAT By-Laws #75-56 and #75-57 be repealed. By-Law read a first and second time this 10th day of March 1997. By-Law read a third time and finally passed this 10th day of March 1997. Mayor Clerk i 1306 Attachment "B" THE CORPORATION Or ThIE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- Being it By-Law to repeal By-Law#79-12 being a By-Law of the former Town of Newcastle to establish a Community Recreation Centre at Orono Town Hall in the Former Township of Clarke,now in the Municipality of Clarington,and to provide for the establishment of a Community Centre Board. THE COUNCIL of the Corporation of the Municipality of Clarington enact as follows: 1. THAT effective on the execution of an agreement for each of the facilities,By-Law#79-12 be repealed. By-Law read a first and second time this 24th day of March 1997. By-Law read a third time and finally passed this 24th day of March 1997, Mayor Clerk ^r, s 1307 sz. ATTACHMENT"B-1" THE CORPORATION OF THE MUNICIPALITY Or CLARINGTON BY-LAW NUMBER 97- Being a By-Law to repeal By-Law#86-154 and#87-94 being a By-Law of the former Town of Newcastle to establish a Community Recreation Centre at Lions'Club in the Former Township of Bowmanville,now in the Municipality of Clarington,and to provide for the establishment of a Community Centre Board. THE COUNCIL of the Corporation of the Municipality of Clarington enact as follows: 1. THAT effective on the execution of an agreement for each of the facilities,By-Laws#86-154 and#87-94 be repealed. By-Law read a first and second time this 24th day of March 1997. By-Law read a third time and finally passed this 24th day of March 1997, Mayor Clerk r s, 4i T' 1308 ATTACHMENT"B-2" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- Being a By-Law to repeal By-Law#83-105 being a By-Law of the former Town of Newcastle to establish a Community Recreation Centre at Burketon in the Former Township of Darlington,now in the Municipality of Clarington, and to provide for the establishment of a Community Centre Board. THE COUNCIL of the Corporation of the Municipality of Clarington enact as follows: 1. THAT By-Law#83-105 be repealed and the Community Centre Board be disbanded. .4' By-Law read a first and second time this 24th day of March 1997. By-Law read a third time and finally passed this 24th day of March 1997. Mayor Clerk 1309 ATTACHMENT"B-3" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- Being a By-Law to repeal By-Law#80-115 being a By-Law of the former Town of Newcastle to establish a Community Recreation Centre at Baseline Community Centre in the Former Township of Bowmmnville,now in the Municipality of Clarington,and to provide for the establishment of a Community Centre Board. THE COUNCIL of the Corporation of the Municipality of Clarington enact as follows: 1. THAT effective on the execution of an agreement for each of the facilities,By-Law#80-115 be repealed. By-Law read a first and second time this 24th day of March 1997. By-Law read a third time and finally passed this 24th day of March 1997. Mayor Clerk `f. 1310 Attachment "C" BOARD MEMBERS' ACCIDENT Benefits Payable are as follows: Principal Sum for Loss of Life $ 10,000. Capital Sum for Dismemberment $ 10,000. Weekly Indemnity - Total Loss of Time $ 300. (Payable for Life) Weekly Indemnity - Partial Loss of Time $ 50. (Payable for One Year) Funeral Expenses $ 6,500. Blanket Accident Expenses $ 5,000. • This policy insures various Board Members while they are acting within the scope of their duties, including all travelling required thereby. • Benefits are payable, as described, in the event of accidental injury. Death from natural causes is excluded. 0 A schedule of Dismemberment Benefits is set out in the policy and payments are made in accordance with this schedule. 9 Weekly Indemnities are payable in full and are not subject to pro rata payments or earned income restrictions. Blanket Accident expenses include Dental, Chiropractic, Registered Nurse, Podiatrist, Ambulance, Drugs, Crutches, etc. THESE BENEFITS ARE PAYABLE REGARDLESS OF WHETHER OR NOT THE INJURED PERSON IS IN RECEIPT OF OTHER BENEFITS. - 1 4- 1 3 1 l Attachment 'D" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97- Being a By-Law to establish a Community Recreation Centre at the Tyrone Community Hall and to appoint a Committee of Management to operate a Community Recreation Centre on behalf of the Municipality of Clarington WHEREAS, the Community Recreation Centres Act, R.S.O. 1990, C.22,provides in Section 2 (1) that the Council of any municipality may, by By-Law,provide for the establishment of one or more Community Recreation Centres in accordance with the said Act and may acquire by purchase, lease or otherwise, property for that purpose. AND WHEREAS, the Corporation of the Municipality of Clarington is desirous of establishing a Community Recreation Centre at the Tyrone Hall in the Municipality of Clarington. THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Tyrone Community hall is established as a Community Recreation Centre pursuant to the provisions of the Community Recreation Centres Act, R.S.O. 1980, C-80,S.1(2); 2. THAT the aforesaid Community Recreation Centre be under the management and control of a committee appointed by the Council of the Municipality of Clarington to be called "Tyrone Community Hall Board" and hereinafter referred to as the "Committee:",to be comprised of fifteen (15) persons, all of whom shall be appointed annually by Council, two`(2) of whom shall be members of Council; 3. THAT the Committee may make such rules as it considers necessary relating to the management and control of the Community Recreation Centre; and 4. THAT the Mayor and the Clerk be and they are hereby authorized to execute all documents necessary to give effect to the foregoing. By-Law read a first and second time this day of March 1997. By-Law read a third time and finally passed this day of March 1997. Mayor Clerk s 1312 Attachment "E" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: File# Date: December 2, 1996 Res. # By-Law# Report#: TR 85 96File #: Subject: RECREATION AFFILIATE BOARDS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-85-96 be received; 2. THAT the following recreation affiliate boards be disbanded as Boards of Council: i a) Orono Town Hall (By-Law 79-12) b) Lion's Centre (subject to legal opinion regarding status of capital grants repayment potential) (By-Law 86-1S4 & 87-94) C) Burketon Park (By-Law 83-105) d) Solina Hall (By-Law 83-28) e) Baseline Community Centre (By-Law 80-115); 3. THAT the appropriate By-Laws, as attached to rescind the above establishing By-Laws be passed effective upon executive of each lease agreement; 4. THAT the Mayor and Clerk be authorized to negotiate and execute lease agreements, the form of which is to be considered and approved by the Chief Administrative Officer in consultation with the Solicitor, with the following organizations for the applicable facility at a lease rate of 51.00 per year: a) Orono Town Hall g) Solina Hall b) Zion Park h) Newtonville Hall C) Memorial Park i) Haydon Hall d) Burketon Park j) Hampton Hall e) Tyrone Hall k) Baseline Community Hall f) Brownsdale Community Hall PA­ 1 i+66 PiWfFD®CYCIFDP..4F 1 313 vi �. a'• ,��{� f,. - a �. t 5 c;f 1��,�`t�'1�`tf�fSr�t.F�t}" ty i{/��i��` t + b — -85-96 TR Pa e 2 5. THAT the Municipality provide a grant in the amount of $500.00 to eaelii'� t.; organization for 1997 or the first year of the Iease agreement to be used b"'the organization for the purchase of liability insurance coverage with the intention that the organization will look for alternate financing sources in the future.and a training session be held for the groups on liability issues with a representative of Frank Cowan; 6. THAT the Municipality, with the premium renewal year beginning July 1, 1997, will discontinue coverage under the master municipal policy; 7. THAT the Municipality be responsible for capital improvements through the annual capital budget process and maintenance of the building envelope through the Property Managers office; - t 8 :THAT the Newcastle Town Hall Board,.Neweastle Arena; Orono Arena„�>rt4 , Bowmanville Museum and Clarke Museum remain as Boards of Council:and ?: their books and.records continued to be reviewed by the Municipality's auditors and.consolidated with the Municipality`of Clarington on an annual basis for financial statement purposes; and r^ r - 9. . THAT the books and records of the"recrcation affiliate boards not be re' eviewed or consolidated for the 1996 year.subject to legal opinion. it 10. THAT:a letter be sent to each of the affected Boards informing them!of Council's direction with a copy of this'report and that staff be:directed to report back to Council if there are any concerns`expressed that cannot be. satisfactorily accommodated. BACKGROUND: 1.0 In 1988, by Council Resolution, the Municipal discontinued re4uiring the boards listed in Recommendation #4 above, from submitting their books and records for annual review. The Newcastle Town Hall Board, Orono Arena, Newcastle Arena, Bowmanville Museum and Clarke Museum were excluded from this resolution. 1.1 In 1995, due to the financial failure and dissolution of one board and resulting obligations imposed upon the Municipality, Council passed a resolution to reinstate the annual review of the books and records of each board. This is a very onerous process from both the boards' perspective and the Municipality's perspective. TR-85-96 :}` Page 3 i 1.2 Due to the recent large liability judgements against Municipalities, risk management has become a crucial area in preventing claims and managing insurance premiums. As a result of Council's 1995 resolution to review books and records of each board, the relationship between the boards' and the Municipality has been reviewed in light of stricter insurance requirements. In order to be fully covered under the Municipality's liability coverage the following conditions are necessary: i) By-Law establishing Affiliate as Board of Council ii) Council Representation on Board See attached article from Cowan News March 1995 issue and June 1989 issue (Attachment "A" and "B" respectively). The recreation affiliate boards under discussion do not have Council representation and some do not have establishing by laws. The Municipality also does not have a strict monitoring process for the policies f these boards from a risk management perspective. and practices o i 1.3 Also, under the Municipal Act, all bank'accounts and banking transactions of the''. Municipality and.Boards of Council are to be under the,direct control of the Treasurer. As a result, the Boards as they currently exist do not have authority to c't ti . have their own bank accounts or issue cheques. From an'operational perspective;it s is not feasible for each board to process invoice payments* etc., through the Municipality. This would require budget considerations and may have a significant ct upon the level o£;volunteer support at:each board ; Conversely, direct operation of all facilities by'municipal staff would have,a significant budget unpact 1.4. The Lion's Centre is a unique situation whereby the building was designated as.a . community centre in order to qualify for a capital grant from the Province.I There is some concern that if the designation is removed, the grant monies may have to be.. repaid. This will be reviewed by the Municipality's solicitor prior to action being taken. Should the grant be-repayable, a further report will be brought to Council. 1.5 Another area of concern relates to the legal status of any employees/volunteers of these affiliates with respect to employer obligations. The details of these issues could be elaborated upon in an "in camera" discussion. 1.6 Upon review of the status of the various Boards, it was noted that the Orono Arena Board has an operating agreement is place withe Orono Amateur Athletic Association, whereby the O.A.A.A. does not pay for ice time in exchange for managing the facility. A copy of the agreement is attached marked Attachment "C" for Council information. 1315 TR-85-96 r 4.A'.; I P age 6 f _ SUMMARY AND CONCLUSION: >. 2.0 As a result of the above discussion, it is recommended that the boards be officially dissolved via rescinding any establishing by-laws. This appears to be the direction undertaken by the Province in its review of the Municipal Act. The boards could then be operated independently as a community organization simply leasing the structure for $1.00 per year. As a result should the organization default on any financial obligations the Municipality would not be liable. 2.1 The major,issue from the perspective of the recreation affiliates as a result of this recommendation would be liability insurance coverage. 'Therefore; it is also ' recommended that the Municipality provide a grant to each organization for this purpose (proof of insurance would be required as a condition of the lease), with the understanding that each group,will commence investigation into an alternate fmancmg : source in the future + t i 2.2 The Municipality is still the owner of the various community halls and will therefore continue, to carry'property insurance'coverage. The Municipality is also responsible + for capital improvements as'well as maintenance of the building envelope ',The ` Property Manager will administer this as is the current practice: F 2 3 Due'.,t6 the difficulty m co ordination',with*the number o£.recreatiion:ahates and time constraints in preparing ahe Mumcipahty's financial statements;it is recommended_ that; in light of the above.recommendations,'the books.and records'of the various affiliate's not be submitted by the affiliates with the exception of those.listed in Recommendation #4 to'the Municipality for the 1996 year. Respe submitted, Reviewed by e A. Marano, H.BSc.,A.M.C.T., W.H. Stockwell, Treasurer. Chief Administrative Officer. Frederick Horvath, Property Manager. MM/NT/hjl Attachments 11 ATTACHMENT "A" f-- BOARD AND liability policy designed for a mu- to such persons who can be linked COMMITTEE nicipal corporation will generally through to municipal council and for MEMBERS include as insureds,boards and whom council can be seen to be vicari- committees of the corporation,their ously responsible. members, employees and volunteers. In the event of a claim,it could be dis-: Difficulty can arise,however,if such covered that neither the committee nor: Are you r boards and committees are not created its members were acting as a committee and operated as required by Statute or of council;that they were acting inde- i }u� i � ;�y Regulation pendently, and that the municipal corpo- ration was not vicariously liable for their Community centre boards are gov- actions. As a consequence,the insurer exposureserned by the Community Recreation may choose not to indemnify the commit- tee Act. Chapter 80, Section 5(8), (9) tee or its individual members. properly and (11) stipulates how a community centre board is set up. Sections 81 and 82 Therefore, it is most important to insured? of the Municipal Act discuss the financial realize that your boards and committees controls of such boards and committees. should be created and operated in the They must submit all funds to the treas- Prescribed manner in order to ensure that Your corporation's policy of liability insur- urer. They must not have their own bank account. They must not expend monies• is extended to include such boards or com without the authority of council. Operat- committees. O ing under a budget their activities are controlled and approved by council. Such _- '�`� ti7 ` boards and committees would without 'w question, fall within the definition of an Are: y o ii r b u i I d i n g s insured under a municipal liability policy n s u r e d : o va I u e of insurance. _ :•:,. However, some communi centre tY In the event of a major fi.re 'or.> 1 boards are created within the community other serious-peril,-the damage":done and while one or more members of council I i � to buildings can lie significant: 'i� :�=:;.` may be elected to the board,probably 'What will it.c ce ost to_repla them?: because of residence status,the board is 1 That is the critical-quest66ri iii not created by council within the require- ments of the governing statute. In such determining the appropriatevalues= cases,the board including its members, to carry in your insurance program:-,--F employees and volunteers do not fall Most public entities-involved in :_-�;;, within the definition of an insured under any type of capital worka•activity_ !, a municipal liability policy, and would be will recognize that costs have esca--`'_-- unprotected against liability,unless they +lated dramatically ui ffie lastfew : purchased for themselves, a policy of lia- -.:years. This is especially true_wh6 bility insurance. If such boards own `-_:the project involves restoration:work property, whether it be furniture or in which the historical nature_'of.--� "i': equipment contained in a municipally certain buildings needs to be'P re F-,S* owned community centre, it is unlikely served. The special types of building:' that the municipal corporation would construction and architecture'can-: Y have an insurable interest in such " make the costs increase °��_�; property or an obligation to insure it. ' excess of normal constructioa:work', >< Such a board would be required to pur- rr '° ter'`}:: chase property insurance if it wished to It•is important that yourevieFi„.;;. :` k+ be protected against loss or damage to your schedule of property e`=_ -. •. .,..�-.-..:. their property. sure that realistic values signed to the.variousbuildin Sometimes it has been assumed that structures and contents thatyou:are::.,:_ the committee will be automatically insuring: covered under the liability policy carried by the municipality. Call your broker Cowan mar= = nt ketingrepresentative if you A municipal liability policy defines the ,any doubt.".0 persons insured in an extremely broad :;;<;ay<: =J •.�- 7-:; manner,but it does restrict its protection 2 COWAN NEWS ATTACHMENT "B" `BONA SIDE' owan News of December 1994, Where the above conditions apply, the carried an article on the Liability of Municipal Liability Insurance protection COMMITTEES Volunteer Organizations Using for these committees is automatic and no OF COUNCIL Municipal Facilities.It identified those endorsement to the policy is necessary. who qualified as Volunteers under the Volunteers of these Committees of Coun- Municipality Liability Policy. cils are also included under the definition of The Municipal Liability Policy also Insured. provides coverage of Committees of It is not the intent of the Insurers to Council under the definition of Insured. extend the Municipal Liability coverage to This extension of coverage often brings any and all committees formed to provide a with it misconceptions by our clients who service or benefit to the community. Where Does your attempt to provide protection for certain a committee acts completely independent of committee meet groups by having Council pass a Resolution the municipality, no coverage under the the criteria for a making the group a Committee of Council. Municipal Liability Policy exists.If you bona fide For committees to u as an Insured Committee of q �' need further clarification,please call us. under the Municipal Liability Policy,it is Council? not enough for Council to pass a Resolu- tion.In a claim, the Insurers will assess whether the group in question was indeed a bona fide Committee of Council. A dictionary definition of bona fide is iiblis ed� . "done or made in good faith."Therefore,a . a FRANK�COWA� �-CO _ �'Ml : - Committee of Council is one that is F veto "nta` formed by Council in good faith.A simple test is to check if it meets these criteria: ♦ Council passes a Resolution stating that PIfong-5:19g458=433. a group of individuals will be acting as a a7t?'( 9458;436 Committee of Council; Fee:f Eetipcal.usro �o r-b = ♦ The Committee is accountable to Council [0 r8r a for all of their actions and activities; ♦ All finances are directed by Council,or } _ ~=8 26 =400 at least approved by Council; _ ♦ Typically,one or two Council Members are appointed to sit on the Committee. 4 COWAN NEWS 1318 P rl f- n ATTACHMENT "C'.' 0rl STATEMENT O' F UNDERSTANDING WHEREAS the Orono Arena/Community Centre Board (hereinafter referred to as the Board) considers it desirable to assign-the operational responsibilities of 'th6 Orono Al-ena/Community Centre (hereinafter referred to as the Facility) to the OronoAmateur Athletic Association (hereinafter referred to as the O.A.A.A.); NOW TUEREFORE the Board and the O.A.A.A. agree: I. THAI;the daily operation and maintenance of the Facility will be the respbnsibitity of the O.A.A.A. on the behalf of and reporting to the Board; 2. THAT the O.A.A.A. will: (a) Prepare a detailed schedule of ice allocations and hall rentals which iticludes the carne of the permit holder/organization and the file number of the * ermit; (b) Prepare and submit for approval a detailed schedule fees to be applied to ball and icc rentals; (c) To receive and keep on file copies of permit applications and pernifts issued for ttie Facility, (d) Establish pollcy(les) for rules to govern the use of the Facility and tq submit these to the Board for consideration and approval; (e) Keep distinct and regular statements of accounts detailing receipts, payments, credits and liabilities; . (f) Prepare and submit quarterly financial reports for all aspects of the aeiIity's operation including, but noi. limited to, Concessions, Hall RentAs, Ice Rentals; (g) Attend all meetings of the Board and present, verbally and/or in writing, a progress report of the Facility operations; (h) Maintain a.close, ongoing liaison with the Board in all matters relative to the operation and maintenance of the Facility; and, (i) To inform the Boarj: iri writing, of all maintenance requirements that are considered in the category of capital expenditure(s). 1319 P ©1 s � 3. THAT the Board will: . .. t,.• -,.' ► �. �.. (a) To observe ani. comp y wi{fi;.tlie iarameters of By-laws -78-63 and 93-54 (being the by-law to amend Bylaw,78-63); (b) To receive and respond �o a� inquiries, both written and verbal, relative to the activities of the Board and,the operation of the Facility, ' (c) Maintain a close, ongoing liaison with the.O.A.A.A. in all matters relative-to the operation and maintenance of the Facility; 1 (d) No ' the ub ' of the o uia and les' at cili nd `�. (e) Ensure that all employees of,the Board have the necessary and appropriate Health and Safety training. . 4. TEKM OF ASSIGNED RESPONSIBILITIES: OCTOBER 20,1993 to JUNE 30, 1994 S. The Statement of Understanding is to he reviewed and revised, a$ necessary, on an annual basis by both the Board and the O_A.A.A. 1 f. 13-20 THE CORPORATION Oh THE' 11UNICIPALtTY OP CLARINGTON BY-LAN`;' NUMBER 96- Being a By-Law to repeal By-Law #79-12 being a By-Law of the former Town of Newcastle to establish a Community Recreation Centre at Orono Town Hall in the Former Township of Clarke, now in the Municipality of Clarington, and to provide for the establishment of a Community Centre Board. THE COUNCIL of the Corporation of the Municipality of Clarington enact as follows: 1. THAT effective on the execution of an agreement for each of the facilities,By-Law #79-12 be repealed. By-Law read a first and second time this 9th day of December 1996. By-Law read a third time and finally passed this 9th day of December 1996. Mayor Clerk 1321 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96- Being a By-Law to repeal By-Law #86-154 and #87-94 being a By-Law of the former Town of Newcastle to establish a Community Recreation Centre at Lions'Club in the Former Township of Bowmanville, now in the Municipality of Clarington, and to provide for the establishment of a Community Centre Board. THE COUNCIL of the Corporation of the Municipality of Clarington enact as follows: 1. THAI'effective on the execution of an agreement for each of the facilities, By-Laws#86-154 and #87-94 be repealed. By-Law read a first and second time this 9th day of December 1996. By-Law read a third time and finally passed this 9th day of December 1996. Mayor Clerk 1322 I'lIE CORPORA'T'ION OF THE MUNICIPALiTY OF CLARINGTON BY-LAW NUMBER 96- Being a By-Law to repeal By-La%v #83-105 being a By-Law of the former Town of Newcastle to establish a Community Recreation Centre at Burketon in the Former Township of Darlington, now in the Municipality of Clarington, and to provide for the establishment of a Community Centre Board. TI I1; COUNCIL of the Corporation of the Municipality of Clarington enact as follows: 1. THAT effective on the execution of an agreement for each of the facilities, By-Law#83-105 be repealed. By-Law read a first and second time this 9th day of December 1996. By-Law read a third time and finally passed this 9tb day of December 1996. Mayor Clerk 1323 THE CORPORATION OF THE➢IUNICIPALIT 1 OF CLARINGTON BY-LAW NUMBER 96- Being a By-Law to repeal By-Law #83-28 being a By-Law of the former Town of Newcastle to establish a Community Recreation Centre at Solina in the Former Township of Darlington, now in the Municipality of Clarington, and to provide for the establishment of a Community Centre Board. THE COUNCIL of the Corporation of the Municipality of Clarington enact as follows: 1. THAT effective on the execution of an agreement for each of the facilities, By-Law#83-28 be repealed. By-Law read a first and second time this 9th day of December 1996. By-Law read a third time and finally passed this 9th day of December 1996. Mayor Clerk 1324 THE CORPORATION OF THE MUNICIPALITY OF CLARiNGTON i BY-LAIC' NUMBER 96- Being a By-Law to repeal By-Law #80-115 being a By-Law of the former Town of Newcastle to establish a Community Recreation Centre at Baseline Community Centre in the Former Township of Bowmanville, now in the Municipality of Clarington, and to provide for the establishment of a Community Centre Board. THE COUNCIL of the Corporation of the Municipality of Clarington enact as follows: 1. THAT effective on the execution of an agreement for each of the facilities, By-Law#80-115 be repealed. By-Law read a first and second time this 9th day of December 1996. By-Law read a third time and finally passed this 9th day of December 1996. Mayor Clerk } 1325