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HomeMy WebLinkAbout2002-044 . .._ .. r.., ~ j~ii,r.:~iDEn ;z ":;-,, \" ;' ::; 00 '2~b~r- ~.J t '/w<.A''\.,!; r ,l.fir";. ~ a'" ."fIJ<. ~ !'!! t' t:l THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By-Law 2002-044 being a by-law to establish a Transitional Board of Management to operate museums on its behalf - Clarington Museum Transitional Board; and, to repeal by-laws 79-67, 79-68,88-154,92-128, 92-188 and 92-231 WHEREAS the Municipal Act, R.S.O. 1990, c M.45, as amended, S.207(58), authorizes the Council of a Municipality to maintain and operate museums and to appoint a Board of Management to act on its behalf for this purpose; AND WHEREAS it is desirable that a board be appointed and known as the CLARINGTON MUSEUM TRANSITIONAL BOARD for the purpose of operating Museums in the Municipality of Clarington; AND WHEREAS at their meeting held on April 29th, 2002, the Council of the Municipality of Clarington adopted the recommendations contained in the Addendum to Report CSD-07-02; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington HEREBY ENACTS as follows: 1. THAT the buildings and lands as per Schedule "A" attached hereto shall be known as the CLARINGTON MUSEUM - CLARKE BRANCH; and, 2. THAT the buildings and lands as per Schedule "A" attached hereto shall be known as the CLARINGTON MUSEUM - BOWMANVILLE BRANCH; and, 3. THAT the main floor of the existing Bowmanville Library located at 62 Temperance Street, Bowmanville, as per Schedule "A" attached hereto be dedicated to the Clarington Museum Transitional Board for use as archival, display, program, meeting and office space upon its availability, 4. THAT the CLARINGTON MUSEUM - CLARKE BRANCH, CLARINGTON MUSEUM - BOWMANVILLE BRANCH, and main floor of the existing Bowmanville Library (upon its availability), shall be managed by a Board of Management known as the CLARINGTON MUSEUM TRANSITIONAL BOARD. 5. THAT the CLARINGTON MUSEUM TRANSITIONAL BOARD shall be established to manage the Clarington Museum - Clarke Branch, Clarington Museum - Bowmanville Branch and main floor of the existing Bowmanville Library (upon its availability) until the expiry of the term of the existing Boards. a) The Clarington Museum Transitional Board shall consist of eighteen (18) members, including all members of the existing Clarke Museum Board (5 active members) and Bowmanville Museum Board (8 active members); and, four (4) existing appointed members of Council; plus a non-voting Museums Administrator. b) I n the 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 the member is appointed, Council shall appoint another eligible person in the member's place for the unexpired portion of the term. 6. The members of the Board shall serve without remuneration. " ' 7. The majority of the members of the Board constitute a quorum. 8. No members of the Board, or of Council, shall have any contract with the Board, or be pecuniarily interested, directly or indirectly, in any contract work relating to the operations or functions of the Board. 9. 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 for meetings of the Board, and the mode of calling and conducting the meetings, 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 full-time and part-time persons, prescribe their duties, and fix their salaries and other benefits of employments as the Board considers to be necessary and appropriate provided that: i) No person shall be employed as a full or part time officer or employee other than a student employee unless his or her employment is first approved by Council; ii) No contract shall be made with a new officer or employee of the Board, nor shall a contract with a continuing officer or employee of the Board be amended in any respect without the prior approval of Council; iii) No full or part time officers or employees shall be added to the Board's complement of officers and employees except in accordance with the current estimates of expenditures for the Board approved by Council; and, iv) The salaries and benefits of employment of all full and part time officers and employees shall not exceed the salaries and benefits for full and part time officers and employees of the Board provided for in the current estimates of expenditures approved by Council and such benefits shall not exceed those offered to Town employees in the years in question. v) Subject to the above, the Clarington Museum Transitional Board establish a Search Committee for the purposes of hiring a Museums Administrator at an approved salary; and, that the Search Committee be comprised of one representative of the existing Clarke Museum Board, one representative of the existing Bowmanville Museum Board, and a representative of the Municipal Corporate Services Department; and, vi) Subject to the above, and upon the successful placement of a Museums Administrator, The Clarington Museum Transitional Board establish a Search Committee for the purposes of hiring a Museums Curator at an approved salary; and, that the Search .. . Committee be comprised of one representative of the existing Clarke Museum Board, one representative of the existing Bowmanville Museum Board, the Museums Administrator, and a representative of the Municipal Corporate Services Department. d) Fix the hours when the Museums shall be open to the public, and required payment of fees or charges for admission thereto or the use thereof, and prescribe such fees and charges. e) Adopt policy for rules for the use of the Museums 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 refreshments at such prices as the Board may decide. g) Produce, copy and distribute historical publications and documents related to the history of the Municipality. h) Encourage and develop volunteer groups to assist in the further development of museums, archives and historical matters within the Municipality. i) Carry out such others duties relating to the history and development of the Municipality as may be assigned by Council. 10. The meetings of the Board shall be open to the public, and no person shall be excluded there from except for improper conduct. 11 . The Board shall keep minutes of its meetings and all books, papers and documents used in, and pertaining to the business of the Board, and all such minutes books, papers and documents shall be open to the members of Council and to any other person or persons appointed for that purpose by Council; in accordance with the Municipal Freedom of Information and Protection of Privacy Act. The minutes of all Board meetings are to be submitted to the Municipal Clerk within ten (10) business days following the meeting. 12. The Board shall, on or before the 1 st day of February in each year, prepare and submit to Council, an estimate of its financial requirements for the ensuing financial year, and the Municipal Director of Finance 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.) 13. 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. 14. The accounts and transactions of the Board shall be audited by the Municipal Auditor in the 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 the Auditor's inspection at all times. 15. 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. ...' I' 16. The Board may, with the approval of Council, establish a Museums Development Fund, into which donations and net revenues, if any, may be placed for future museum and archives 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. 17.This by-law will be in effect from the date of passage until December 31, 2003, and the appointments shall be at the pleasure of Council and, unless sooner removed, the members shall hold office until the expiration of the term of Council that appointed them and until their successors are appointed. 18. That by-laws 79-67, 79-68, 88-154, 92-128, 92-188, 92-231 are hereby repealed. By-Law read a first time this 29th day of April 2002. By-Law read a second time this 29th day of April 2002. By-Law read a third time and finally passed this 29th day of April 2002. // -~;-~~]_.:. -- :~ ='. . -------------~~~~~~> ~ (?~ _ _.' .c:.c... MAYOR _..- -./<r-"_'~ ::: - . - -...:...- -. - - ~ '" CLERK Schedule "A" to By-Law # 2002-044 1. That the building and grounds fronting on Silver and Temperance Streets (Municipal Address - 37 Silver Street) in the Municipality of Clarington (former Town of Bowmanville) be known as the CLARINGTON MUSEUM - BOWMANVILLE BRANCH. 2. That the building and grounds on the south east corner of Church and Centre Streets (Municipal Address - 7086 Old Kirby School Board) in the Municipality of Clarington (former Village of Orono) be known as the CLARINGTON MUSEUM - CLARKE BRANCH 3. That the main floor of the building and grounds fronting on Temperance Street (Municipal Address - 62 Temperance Street) be dedicated to the CLARINGTON MUSEUM TRANSITIONAL BOARD for use as archival, display, program, meeting, and office space, upon it's availability.