HomeMy WebLinkAboutWD-40-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File #
Date: June 22, 1998 Res.
By-Law#
Report#:---WD--40_-987_ File #:
Subject:
STREET RECEPTACLES, BENCHES AND PLANTERS FOR ORONO AND
NEWCASTLE BUSINESS IMPROVEMENT ASSOCATIONS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report WD-40-98 be received; and
2. THAT Council recommend against the purchasing of benches and planters for the Business
Improvement Areas of Orono and Newcastle.
REPORT
1.0 ATTACHMENTS
No. 1: Correspondence of January 13, 1998 from Sandra Topper requesting street
receptacles for the Orono Business Improvement Association
No. 2: Report WD-2-90 - Clarification of responsibilities for Capital Purchases and
Maintenance within the Bowmanville, Newcastle and Orono Business
Improvement Areas.
2.0 BACKGROUND
2.1 In June of 1993,the Municipality of Clarington entered into a five (5)year contract(CL-94-
36)with Canadian Waste Services for the curbside collection of residential refuse. Included
in the contract was a clause wherein the contractor was to supply up to fifty (50) waste
D PAPER o FE-LE K
THIS IS PRIMED RECYCLED PAPER
REPORT WD-40-98 PAGE 2
receptacles, but these receptacles remain the property of Canadian Waste. These new street
receptacles were to replace the old concrete street receptacles currently being used in the
Bowmanville, Orono and Newcastle Business Improvement Areas.
2.2 Bowmanville Street Receptacles
In 1995, upon commencement of the contract, the Bowmanville Business Improvement
Association requested a particular style of waste receptacle, which was substantially more
expensive and only manufactured by a company of their choice. In order to resolve the
impasse, staff agreed to a request that the waste contractor supply containers of the
Bowmanville Business Improvement Association's choice and reduce the quantity to thirty
(30). It was further resolved,with the approval of the Orono and Newcastle B.I.A.'s,that the
Municipality would place some of the old surplus containers from Bowmanville in Orono
and Newcastle, and that consideration would be given to new containers for Orono and
Newcastle upon the renewal of contract CL-94-36.
2.3 Correspondence was received from Sandra Topper of the Orono Downtown Business
Improvement Association, dated January 13, 1998 (Attachment No. 1). In this
correspondence, the Orono Business Improvement Association indicated that they would be
purchasing 10 new flower planters and installing new street benches to improve the look of
the Town. They asked that the Municipality of Clarington contribute to this project by
supplying and installing 12 new garbage receptacles.
2.4 Negotiations with Canadian Waste Services
In order to address Sandra Topper's request, Public Works staff negotiated with Canadian
Waste Services to fabricate twelve (12) street receptacles for Orono and twelve (12) for
Newcastle similar to the street receptacles in Bowmanville. An additional two (2) street
receptacles will be fabricated as replacements. Canadian Waste Services, through Public
Works staff, provided a prototype of a street receptacle to the Orono and Newcastle
Business Improvement Associations. Both Business Improvement Associations have
13 2 .
REPORT WD-40-98 PAGE 3
agreed to accept the proposed receptacle and have been provided a colour sample so that
Canadian Waste can proceed with painting of the receptacles.
2.5 Public Works have now received an additional request from Dan Banting of the Orono
Business Improvement Association, supported by two councillors, to consider the purchase
of new street planters and benches for the Orono and Newcastle Business Improvement
Areas.
3.0 REVIEW AND COMMENT
3.1 Agreement with the Business Improvement Areas
According to Report WD-2-90, "Clarification of Responsibilities for Capital Purchases and
Maintenance within the Bowmanville,Newcastle and Orono Business Improvement Areas"
(Attachment #2), the responsibility to purchase new street planters and benches would be
the Business Improvement Association's.
3.2 Cost
The cost to purchase two (2) benches and twelve (12) planters for both the Orono and
Newcastle Business Improvement Associations would be approximately$10,400.
3.3 Clarification of Responsibilities
If Council decides to purchase the benches and planters for the Orono and Newcastle
Business Improvement Associations, the purchase would be contrary to existing policy.
Specifically, a change in policy respecting the agreement between the Municipality and the
Business Improvement Areas would be required.
4.0 RECOMMENDATIONS
4.1 It is recommended that the responsibilities of the Business Improvement Areas of
Bowmanville,Newcastle and Orono, as outlined in Report WD-2-90,remain unchanged.
113
REPORT WD-40-98 PAGE 4
4.2 Further, it is recommended that the Orono and Newcastle Business Improvement
Associations, not the Municipality of Clarington, be responsible for the purchase of new
planters and benches for Orono and Newcastle.
Respectfully submitted, Reviewed by
Stephen A. Vokes,P. Eng., W. H. Stockwell,
Director of Public Works Chief Administrative Officer
SAV* GA*ce
16/06/1998
i lie Natural Nut Hea;ih 8nop
ORONO DOVtjNTOWN BUSINESS IMPROVEMENT ASSOCIATION
c/o Sandra Topper, Director
5925 Main Street
Orono, Ontario
LOB 1MO
January 13, 1998
Steve Vokes and
Don Patterson
Public Works Dept.
40 Temperence St.
Bowmanville, Ontario
L1C 3A6
Dear Mr. Patterson:
This Spring Orono will be celebrating their Town Hall's 100th anniversary. At the
present time our community is not expanding in population or development. We are
planning a number of community events this year and hope to continue these events in the
years to come. The only way for businesses and merchants to survive is to encourage
community events and hope that the community will continue and perhaps patronize our
businesses more.
We have decided to purchase 10 new flower planters to improve the look of our town.
As well, we will be installing two street benches. A place for shoppers and visitors to
rest, a must for the seniors tvho walk into Town each day.
A couple of years ago we lost out on a deal for new garbage receptacles in Orono. We
are asking kindly for the Town of Clarington to contribute to this project by purchasing
and installing 12 new garbage receptacles along the downtown in the early spring of
1998. We also require that the service of the waste removal be kept as a part of your
contract with- I believe Laidlaw?
Below is the manufacturer's name, address and contact person and a break down of the
purchase price. I will give a photocopied picture of the items in question to John Mutton
when I see him on January 14 at our Orono DBIA meeting.
Contact: Ms. Zabetda Farnum
Toronto Fabricating & MFG Co.
101 Rangeview Rd. Mississauga
Ontario, Canada
L5E 1H2
J I D ATTACHMENT NO.: 1
REPORT NO.: WD-40-98
The Natural Nut Health Shop
page 1 of 2
Orono DBIA to purchase
Planter (#1003 no x's) 10 @ $395.00 = $3,950.00
Bench(#716) 2 @ $495.00 = 990.00
$4,940.00
not including possible delivery charges 345.80 gst
395.20 pst
$5,681.00
Town of Clarington to purchase
Trash Containers (4970) 12 @ $500.00 = $6,000.00
(dia: 30" x 20") 420.00 gst
480.00 pst
no including possible delivery charges $6,900.00
We have decided upon the colour of forest green and will forward a colour swatch to the
manufacturer once we have the approval from the Town.
I look forward to hearing from you on this matter as soon as possible.
Sent Via Computer Fax Transmission
Sandra Topper
Director, Orono DBIA
cc: Dan Banting
President, Orono DBIA
John Mutton, Faxed Copy
Regional Councilor
Zabetda Farnum
Toronto Fabricating Co,
1. 31 6
'LQ"'� TOWN OF NEWCASTLE
'' y3 REPORT File #
Res. #
1 fwd.
-- ------ - By-Law #
METING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MONDAY, JANUARY 22, 1990
REPORT #: WD-2-90 FILE #:
W&ECT: SUBJECT: BOWMANVILLE BUSINESS IMPROVMENT AREA - CLARIFICATION
OF RESPONSIBILITIES FOR CAPITAL PURCHASES AND MAINTENANCE
WITHIN THE BOWMANVILLE BUSINESS IMPROVEMENT AREA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
THAT Report WD-2-90 be received;
2 . THAT the responsibilities and levels of service listed on
Attachment No.2 to this report be approved;
3. THAT the same responsibilities and levels of service listed on
Attachment No.2 apply to the Newcastle Business Improvement Area
and the Orono Business Improvment Area, where applicable; and
4 . THAT a copy of this report be forwarded to the Bowmanville,
Newcastle:. anti .pronq,. .B. I.A..s anci. tha ...they be..-advised• af.Council's ... .
decision.
--------------------------------------------------------------------------
r REPORT
1.0 ATTACHMENTS
No. l: Plan Showing the Bowmanville Business Improvement Area
No.2 : Table 1 Showing the recommended Sharing of
Responsibilities for the Bowmanville Business Improvment
Area.
ATTACHMENT NO.: 2
REPORT NO.: WD-40-98
2
1 j ...
REPORT NO. : WD-2-90 PAGE 2
2 . 0 BACKGROUND
2 . 1 At a regular meeting held on Monday, October 23, 1989 , the General
Purpose and Administration Committee passed Resolution #GPA-749-89,
as follows :
"THAT Walter Evans be assigned the task of acting as Liaison
Officer to the Business Improvement Areas . "
2 . 2 By-law No. 77-33, dated May 16, 1977 was passed by Council to designate
an area in the Bowmanville Central Business District as an Improvement
Area and to establish a Board of Management for the Bowmanville Central
Business Improvement Area. By-law 77-33 was amended by By-law 80-54
dated May 5, 1980 . The geographical area of the Bowmanville Business
Improvement Area established by these two by-laws is illustrated on
Attachment No. l.
2 . 3 The mandate of the Board of Management of the Bowmanville Business
Improvement Area is set out in Clause 3 of By-law 77-33 :
"There is entrusted to the Board, subject to the limitations
hereinafter set out, the improvement, beautification and
maintenance of lands, buildings and structures in the area owned
by the Corporation of the Town of Newcastle beyond such
improvement, beautification and maintenance as is provided at the
expense of the municipality at large, and the promotion of the area
a-s. a• bus me's's' .-or .shopping area
2 .4 Clause 3 does not clearly define the responsibilities of the Town and
of the Board of Management of the Bowmanville Business Improvement Area.
For this reason The Board of Management has asked me for clarification.
. . . 3
1318
REPORT NO. : WD-2-90 PAGE 3
3 . 0 REVIEW AND COMMENT
3 . 1 Cost Sharing Agreement
In 1982 the Board of Management of the Bowmanville Business
Improvement Area (Bowmanville BIA) entered into a cost sharing
agreement with the Town to do the following in the Bowmanville BIA:
a) Purchase and develop the parking lot at the south-west corner
of the Division Street/Church Street intersection.
b) Lease and develop the Silver Street parking lot.
c) Provide trees, benches, refuse containers, planting boxes and
decorative lighting.
3 . 2 Cost of the Program
The cost of the program was $330,000, which was financed by a loan of
$150,000 from the Province which the BIA is paying back at $16,500 per
year. The balance of the cost was paid by the Town and the funds were
obtained from the Parking Lot Reserve Fund.
3 .3 BIA Budget
Each year the BIA prepares a budget to provide funds to carry out
various programs in the Business Improvement Area.
The Bowmanville B.I.A 1989 Budget was as follows:
Administration $ 8,000
Promotion 25, 000
Repayment>.bf• Loan-.: 1,6 500'
Landscaping 10,500
Capital Works 20,000
s-
TOTAL $80,000
The funding for the BIA Budget is obtained from a special tax levy on
the businesses within the BIA.
. . . 4
1 J) ] 911
REPORT NO. : WD-2-90 PAGE 4
3 .4 Proposed Cost Sharing
As noted earlier in this report, Clause 3 of By-law 77-33 outlines the
mandate of the Bowmanville BIA and reads in part "beyond such
improvement, beautification and maintenance as is provided at the
expense of the municipality at large" .
The purpose of this report is to list all of the activities which take
place in the Bowmanville BIA for which either the BIA and/or the Town
are involved and agree on the responsibility for the activity.
In addition, this report sets levels of service to be provided for each
of the activities so that we all know what to expect.
3.5 Criteria to be Used to Evaluate and Determine Res onsibilit
a) The BIA should be responsible only for those items which are nc
normally provided at the expense of the municipality at large.
b) For those maintenance items which are in the gray area where it
is not easy to determine responsibility, the responsibility
should be given to the Town. The logic for this criterion is
that, as much as is possible, the BIA should not be required to
hire and supervise staff to carry out maintenance activities on
the streetscape.
-In -order`to minimise Conflict.;` as' 'iiiiich"as is "' bssible" "both
capital and maintenance items should be totally the
responsibility of either the BIA or the Town.
3 . 6 Determination of Responsibilities
The various activities that are carried out in the BIA are listed on
Attachment No. 2 . For the purpose of having a complete list and to see
levels of service, the list includes items such as street sweeping all-
snow removal which are obviously a Town responsibility.
5
) 2Q . . .
REPORT NO. : WD-2-90 PAGE 5
4 . 0 Review of Report With the Board of Management of the BIA
This report has been reviewed with the Board of Management of the
Bowmanville BIA and they agree with the recommendations .
5 . 0 RECOMMENDATIONS
5 . 1 It is recommended that the responsibilities and the levels of service
listed on Attachment No.2 to this report be approved and that the list
apply to the Newcastle Business Improvement Area, Orono Business
Improvement Area, where applicable, that a copy of this report be
forwarded to the Bowmanville, Newcastle and Orono B. I .A.s and that they
be advised of Council's decision.
Respectfully submitted, Recommended for presentation
to the Committee,
------------------------- -�-- -----------------------
Walter A. Evans, P. Eng. , awrenc . Kotseff,
Director of Public Works. Chief 'nistrative Officer.
WAE*llv
January 8, 1990
Attachments
LZ
es
`" 1 3
REPORT NO. : WD-2-90 PAGE 6
cc : Bowmanville Business Centre
c/o Mr. George Webster
P.O. Box 365
Bowmanville, Ontario
L1C 3L1
Newcastle Central Business Improvement Area
c/o Dr. J. Baarbe
P.O. Box 548
Newcastle, Ontario
LOA 1H0
Orono Downtown Improvement Association
c/o Mrs . Sue Sawyer
P.O. Box 212
Orono, Ontario
LOB 1M0
132 -
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TABLE 1
s
TOWN RESPONSIBILITIES
A) CAPITAL ITEMS LEVEL OF SERVICE REMARKS
1) Purchase and development of Need for new parking lots to be Funding to be provided
new parking lots determined by the Town and the from Parking Lot Reserve
Bowmanville Business Improvement Area Fund.
B) MAINTENANCE ITEMS LEVEL OF SERVICE REMARKS
1. Trimming of tree's Once per year Resolution #GPA-750-89 passed
by Council on October 30,
1989 gave this responsibility
to the Town.
2. Painting of tree guards As required
3. Benches As required
4. Refuse containers and boxes Refuse containers to be emptied The Town pays these costs
once per week and more often if now.
required.
5. Power costs for..,decorative Not applicable. These power costs are now and
lighting and for christmas have been paid by the Town.
lighting
6. Decorative lighting As required These costs are now and have
been paid by the Town
7. Pick-up of litter At least once per week, all year In 1989, the Town provided
litter pick-up during the
summer months.
8. Parking Lots Plowing and sanding as required. Plowing and sanding is
Litter pick-up at least once per now and has been paid by
week, all year. the Town.
TTA� T_�ff i( ?
2.
TABLE 1
TOWN RESPONSIBILITIES
B) MAINTENANCE ITEMS (Continued) LEVEL OF SERVICE REMARKS
9. Snow Plowing and Sanding Maintain a bare road through the
application of sand, salt and plowing.
10. Snow Removal Within 3 days after the end of a snow
storm, any significant accummulation
will be hauled away.
C.r.�
3
TABLE 1
BOWMANVILLE IMPROVEMENT AREA RESPONSIBILITIES
A) CAPITAL ITEMS LEVELS OF SERVICE REMARKS
1. Purchase of flowers, shrubs, As required These items are not normally
benches, flags and banners provided by at the expense of
(including installation) and the community at large.
christmas lighting
2. Replacement of trees, tree As required When trees, benches, etc. are
guards and benches damaged by a vehicle, the
Town will attempt to obtain
3. New trees and guards at new As required payment for the damage from
locations the operator of the vehicle.
4. Purchase of new refuse As required
containers and planting boxes
C� B) MAINTENANCE ITEMS LEVEL OF SERVICE REMARKS
1. Flowers, plants and shrubs As determined by the Bowmanville These items are not normally
flags, banners and christmas Improvement Association provided at the expense of
lighting the community at large.
2. Sidewalks Plowing, sanding and/or
salting is the responsibility
of the individual property
owner
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Memorandum
Mayor D. Hamre
Members of Council
To:
Marie A. Marano,Treasurer
From:
June 25, 1998
Date.-
Interest Free Loan Options for B.I.A.'s
Subjeghe following memo could be received by Council at the meeting of June 29, 1998, as an
information item,when considering report WD40-98.
At the General Purpose and Administration Committee meeting of June 22, 1998, committee
amended item #3 of report WD-40-98 such that a decision would not be made on the funding of
the benches and planters for the Orono and Newcastle B.I.A.'s until information regarding interest
free loans could be circulated by memo.
I have spoken with the Ministry of Municipal Affairs(Janet Andrews/Mirko Lackoseljac) and they
advise of the following:
Section 220 (12) [copy attached]restricts the B.I.A.from borrowing money, but it
allows Council to approve debt to be incurred beyond the current year.
The Ministry advises that it is a fairly common practice for Municipalities to approve a B.I.A.
project which is then performed by the Municipality in order to avoid the B.I.A. borrowing money.
The B.I.A.then provides in their annual levy, an appropriate amount to repay the value of the
project over an agreed upon term.
In consideration of the above,if Council deems it appropriate to approve the project identified in
report WD-40-98,the Municipality would purchase the planters and benches. Funds could be
provided from the Industrial&Economic Development Reserve Fund, account#5001-4-X
(current balance approximately$130,000). Council may wish to approve a three year
repayment term for the value of the items, with funds returned to the Reserve Fund.
Each project proposed or requested would require Council approval and an appropriate funding
recommendation.
If there are further questions on the above, please advise.
h ky,Cou�,1
Cc: Department Heads.
Kristine Senior, Acting Deputy Treasurer
F
REPORT NO.: ADDENDUM TO REPORT WD-40-98
ATTACMENT NO. 2 - —
1 :� � 7
MUNICIPAL ACT PART XVII—POWERS TO PASS BY-LAWS I
—
-Drovided at the expens S.220 e
ssiness or shopping (7)Term
PP g area,
Of office.—Each member shall hold office from the time of appointment
until the expiration of the term of the council that made the a
continues to be qualified,as provided in subsection(6). ppomtment, if the member
u-,an improvement area, (8) Vacanc .--
sent by prepaid mail to Y Where a vacancy occurs from any cause, the council shall appoint a
Person qualified as set out in subsection(6)to be a member,who shall hold office for the
= Aith respect to rateable remainder of the term for which his or her redecessor was R.S.O. 1980,c.302,s. P appointed.
(9) ldem.—The members shall hold office until thew successors are appointed and
are eligible for reappointment on the expiration of their term of office.
.under subsection(2)has
-abed business property (10)Estimates.—A board of management shall submit to the council its estimates for
the current year at the time and in the form prescribed by council and may make requisi-
-who,under the tenant's tions upon the council for all money required to
in h y q cant out its powers and duties,but noth-
uperty;and g herein divests the council of its authority with reference rejecting such estimates in
described in clause(a) whole or in part or providing the money for the
mant is required to pay' money is so provided by the council the treasurer of the board of management and
board of management,pay out such money to the board of alt upon the certificate of the
-s the by-law referred to (11)Expenditure of money.The board of mans
wo months after the lat- not included in the estimates approved b management shall not spend any money
_ a petition objecting under section 163. Y the council or in a reserve fund established
JecLing to
�agement orrowing prohibited, restrictions on incurring (t
Df the persons who are of shall not borrow money and.without then indebtedness.—The board Prior approval of the
may not incur any indebtedness extending beyond the curre� uncil it
Di for at least one 217(19); 1993,c.27,Sch.
year.R.S.O.SO 1980,c.302,s.
=scribed business prop-
-ievy as defined in sub- (13)Procedures.Section 147 of this Act and section 65 of the Ontario dfunicfpal
defined ins Board Act apply to the giving of an approval of indebtedness by a council under subsec-
ubsor the tion(12)as though the giving of the approval were the in
not responsible for the curing of the indebtedness b t
tenant's lease. - the municipality.R.S.O.1980,c.302,s.217(19);1993,c 27,Sch; 1996,c.32,s 51. y
:2)shall not come into (14)Annual report.—On or before the 1st day of ~~`
management shall submit its annual report for the preceding m each year' a board of
:municipality receives, _ ;.;
=rred to in subsection complete audited and certified financial statement of its affairsy with sheet�a.d rev-
person who is entitled enue and expenditure statement. r`
S.217(19); 1993,c. (15)Auditor.—The municipal auditor shall be the auditor of each such board of man-
agement and all books,documents,transactions,minutes and accounts of a board of man-
=-iency of the petition agement shall,at all times,be open to his or her inspection.
termination shall be (16) Dissolution of board.—Upon the repeal of a by-law establishing a board of
—d conclusive.R.S.O. management,the board ceases to exist and its undertakings,
assumed by the municipality.R.S.O. 1980,c.302,S.217(1 1k 993,c. liabilities cL 1]to
sited under subsection (17)Special charge.—Subject to such maximum and minimum charges as the coun-
-s appointed by coon-' cil may specify by by-law,the council shall in each year levy a special charge urn
member of the coup- able property in the area that is in a prescribed business property
g r nte-
Its who are entitled to side a sum equal to the sum of money provided for the u Piny class sufficient to pro-
-ted by such persons. ment for that area,together with interest on the sum at such rate required to repay ans
interest payable by the municipality on the whole or any part of such sum.R.S.O. 19x0,c.
4; 302,s.217(19); 1993,c.27,Sch; 1997,c.5,s.51(S).
its
181 ;
� 28 j