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Home My WebLink AboutCLD-006-13 Clarftwn REPORT CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 25, 2013 Resolution#: 1' ° d ' 3 By-law#: ) Report#: CLD-006-13 File#: Subject: BOWMANVILLE CENTRAL BUSINESS IMPROVEMENT AREA NAME CHANGE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-006-13 be received; 2. THAT the name of the Bowmanville Central Business Improvement Area be changed to the "Historic Downtown Bowmanville Business Improvement Area"; 3. THAT the by-law attached to Report CLD-006-13 be forwarded to Council for approval; 4. THAT the resignation of Margaret Seaton from the Board of Management be received; and 5. THAT the Bowmanville Central Business Improvement Area be advised of Council's decision. Submitted by- P1 Reviewed by: tt ", ie Franklin Wu, Municipal Clerk Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 M:TTdq rTZl�J i• 17 .. i In 1977, a by -law was passed to designate the area commencing at the intersection of King Street West and Scugog Street, Bowmanville, easterly along King Street West and King Street East to the intersection of King Street East and George Street; Division Street from Queen Street to Church Street; Temperance Street from Queen Street to Church Street; Silver Street from King Street West to Church Street; and Church Street from Division Street to Scugog Street as the "Bowmanville Central Business Improvement Area." Since 2001, the Board has referred to itself as the "Historic Downtown Bowmanville Business Centre" but the name has never formally been changed by Municipal Council. The Board's bank account was with the Royal Bank in the name of "The Bowmanville Central Business Improvement Area ", but they accepted both of the above -noted names and "Bowmanville BIA ". Because the Royal Bank has moved to a new location outside the Bowmanville BIA boundaries, the Board has decided to relocate their bank account to the Bank of Montreal. This bank will only accept cheques that are made out to the official name; therefore the Board is requesting that the name be formally changed. 2. ACTIONS REQUIRED The Municipal Act, 2001 requires that improvement areas be designated by by -law, so it is necessary to make any changes it by by -law. Although not required by legislation, an information notice has been forwarded to all land owners in the area of the proposed by -law amendment advising of the name change. The original by -law was passed in 1977 and has been amended numerous times since. For ease of reference, it is recommended that a new by -law be passed incorporating all amendments to the original by -law. The only change to the by -law at this time, however, is the name change as requested by the Board. 3. CONCURRENCE This report has been reviewed by Andy Allison, Municipal Solicitor and Nancy Taylor, Director of Finance/Treasurer who concur with the recommendations. 4. BOARD OF MANAGEMENT In January 2011, Council approved the appointment of the Board of Directors for the BIA. The Secretary- Treasurer of the Board of Management has advised that Margaret Seaton, who was appointed as a Director at that time, has now resigned from the position. REPORT NO.: CLD- 006 -13 - AWg101i•Ca>!1 It is respectfully recommended that the name of the Bowmanville Central Business Improvement Area be changed to "Historic Downtown Bowmanville Business Improvement Area" and that the necessary by -law be passed. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Patti L. Barrie, Municipal Clerk Attachments: Attachment 1 - By -law List of interested parties to be advised of Council's decision: Garth Gilpin, Secretary- Treasurer, Historic Downtown Bowmanville Business Centre ATTACHMENT # is REPORT # 2- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2013 -XXX Being a by -law to designate an area in the Bowmanville Central Business District as an Improvement Area and to establish a Board of Management for the Historic Downtown Bowmanville Business Improvement Area WHEREAS Section 204(1) of the Municipal Act, 2001 ' provides that a local municipality may designate an area as an improvement area; NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED as a by -law of the Corporation of the Municipality of Clarington: 1. THAT the area described below is designated an Improvement Area within the meaning of the Municipal Act, 2001: Commencing at the intersection of King Street West and Scugog Street, Bowmanville, easterly along King Street West and King Street East to the intersection of King Street East and George Street; Division Street from Queen Street to Church Street; Temperance Street from Queen Street to Church Street; Silver Street from King Street West to Church Street; and Church Street from Division Street to Scugog Street 2. A Board of Management to be known as the "Board of Management for the Historic Downtown Bowmanville Business Improvement Area" (hereinafter called "the Board ") is established for the area designated in paragraph 1. 3. There is entrusted to the Board, subject to the limitations hereinafter set out, the improvement, beautification and maintenance of municipally -owned lands, buildings and structures in the area beyond that provided at the expense of the Municipality generally and the promotion of the area as a business or shopping area. 4. The Board shall consist of such number of members appointed by Council as the Council desires advisable, at least one of whom shall be a member of the Council and the remaining members shall be individuals assessed for business assessment in respect of land in the area or nominees of such individuals or of corporations so assessed. 5. Each member shall hold office for the term concurrent with the term of office of the appointing Council or until his /her successor is appointed. 6. Where a vacancy occurs from any cause, the Council shall appoint a person qualified as set out in Section 4 to be a member who shall hold office for the remainder of the term for which his predecessor was appointed. law 2013 -XXX 7. The members are eligible for re- appointment on the expiration of their term of office. 8. The Board shall, as soon as possible after its members are appointed, elect a chairman and vice - chairman and appoint a secretary and treasurer, and such other officers as it may deem necessary to properly conduct the business of the Board. 9. The Board shall keep proper minutes and records of every meeting of the Board and shall forward true copies of such minutes and records to all members of the Board and to the Municipal Council, as soon as possible after the meeting covered thereby. 10. The Board shall adopt and maintain only banking arrangements and ordinary good accounting practices that are acceptable to the Treasurer of the Corporation and keep such books of account and submit such statement from time to time as the said Treasurer may require. 11. The Corporation's Auditors shall be the auditors of the Board and all books, documents, transactions, minutes and accounts of the Board shall at all times be open to their inspection. 12. The fiscal year of the Board shall be the calendar year. 13. On or before the 1St day of March in each year, the Board shall submit its annual report for the preceding year to Council including a complete audited and certified financial statement of its affairs with balance sheet and revenue and expenditure statement. 14. The Board shall submit to the Council an annual budget in a form and at a time satisfactory to the Municipal Council and within the limits of the estimates as approved by Council, the money to be provided by Council shall be paid by the Treasurer of the Corporation to the Board from time to time upon receipt of requisitions signed by the Chairman thereof. 15. The Board shall submit to the Council a detailed program of the improvement beautification and maintenance proposed for each fiscal year with its budget. The Council shall within 45 days notify the Board where any project which forms part of the program may adversely affect the use or function of any land owned by the Municipality including any highway, street, lane or pedestrian walkway, and upon such notification being given, the Board shall delete the project or alter that project to the satisfaction of the Municipality. 16. Annual estimates for the Historic Downtown Bowmanville Business Improvement Area will be included in the Municipality's budget by -law and approved by Council on an annual basis. law 2013 -XXX rW 17. The Board shall deposit and keep on deposit with the Treasurer, insurance policies satisfactory in all respects to the said Official, indemnifying the Corporation against public liability ad property damage in respect of the activities of the Board. 18. By -law 77 -33 and all amendments thereto are repealed. 19. This by -law shall be effective on the date that it is passed. By -law passed this 4th day of March, 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk