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HomeMy WebLinkAboutLGL-008-15 Clarington Legal Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee Date of Meeting: September 8, 2015 Report Number: LGL-008-15 File Number: Department File #L1000-31 By-law Number: Report Subject: Orono Business Improvement Area By-law Recommendations: 1.1 That Report LGL-008-15 be received; 1.2 That, in accordance with subsection 21 0(l) of the Municipal Act, 2001, staff be directed to provide notice of the proposed by-law attached (Attachment 1) to Report LGL-008-15 to the current Board of Management of the Orono Business Improvement Area and to every member of the current Orono Business Improvement Area; and 1.3 That staff report back to Council on any objections received after the time for filing such objections (60 days after the last day of mailing of the notices) has passed. Municipality of Clarington Page 2 Report LGL-008-15 Report Overview Staff are recommending that Council update the Orono Business Improvement Area By- law. 2. Background 2.1 In 1981 the Town of Newcastle designated an area in the Village of Orono Central Business District as an improvement area and established a board of management in accordance with the predecessor to what is now section 204 of the Municipal Act, 2001. 2.2 Other than two minor amendments in 1989 (to cap the budget at $20,000) and 1994 (to clarify the term of board appointments), the Orono Business Improvement Area By-law (No. 81-1) has not been amended or updated. 3. Discussion 3.1 In the opinion of staff, it is appropriate for Council to update the Orono BIA by-law by passing the by-law attached to this Report as Attachment 1. 3.2 As compared to the existing by-law (No. 81-1, as amended), there are no substantive changes proposed other than changes required to bring the by-law up-to-date in terms of current legislation (e.g. Municipal Act, 2001, Municipal Conflict of Interest Act and Municipal Freedom of Information and Protection of Personal Privacy Act) and current Municipal policies and practices (e.g. auditing, financial support and insurance coverage). 3.3 The proposed by-law reaffirms the boundaries of current BIA. 3.4 The wording in sections 6 through 11, 13 through 16, 26, 27, 31, 32 and 33 of the proposed by-law is taken directly from the Municipal Act, 2001. 3.5 The proposed by-law does not provide for associate members or honorary members because under the Municipal Act, 2001 they technically are not allowed. However, the BIA Board can provide for different membership-like privileges in any rules, policies or guidelines that it adopts provided they are consistent with the by-law and the provisions of the Municipal Act, 2001 (i.e. voting rights). Municipality of Clarington Report LGL-008-15 Page 3 3.6 Section 210 of the Municipal Act, 2001 requires that notice be given before the proposed by-law can be passed by Council. Subsection 210(1) reads, in part, as follows: Before passing a by-law under subsection 204 (1) ... notice of the proposed by-law shall be sent by prepaid mail to the board of management of the improvement area, if any, and to every person who, on the last returned assessment roll, is assessed for rateable property that is in a prescribed business property class which is located, (a) where the improvement area already exists, in the improvement area ... 4. Concurrence 4.1 This report has been reviewed by the Director of Finance who concurs with the recommendations. 5. Conclusion 5.1 It is respectfully recommended that staff be directed to provide notice of the proposed by-law and report back Council. 6. Strategic Plan Application - not applicable --� b t � Submitted by: `�` Reviewed Y�( Andre C. Allison, B. Comm, LL.B Franklin Wu, Municipal Solicitor Chief Administrative Officer Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison @clarington.net Attachment: Attachment 1 — Proposed Orono Business improvement Area By-law ATTACHMENT NO. 1 TO REPORT LGL-008-15 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2015- A by-law respecting the Business Improvement Area of Orono WHEREAS in 1981 the Town of Newcastle designated an area in the Village of Orono Central Business District as an improvement area and established a board of management for such area in accordance with the predecessor to what is now section 204 of the Municipal Act, 2001; and WHEREAS Council wishes to reaffirm the boundaries of such improvement area and clarify and update the powers of its board of management. NOW THEREFORE Council enacts as follows: Interpretation 1. In this by-law, "BIA" means the Orono Business Improvement Area described in section 4; "Clerk" means the Municipal Clerk; "Council" means the Council of the Municipality; "Director of Finance" means the Municipality's Director of Finance; "Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c.25; and "Municipality" means The Corporation of the Municipality of Clarington. 2. In this by-law, unless otherwise specified, (a) reference to any Act or By-law is reference to that Act or By-law as it is amended or re-enacted from time to time; (b) references to sections are references to sections in this by-law; and (c) each section is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other sections. 3. This by-law shall be read with all changes in gender or number as the context requires. Orono BIA By-Law No. 2015-XXX Page 12 Designation of Improvement Area 4. The following geographic area is designated as an improvement area within the meaning of subsection 204(1) of the Municipal Act, 2001: Main Street between Station Street and the junction of Mill and Main Streets; Park Street between Main and Church; Centreview Street between Main and Church; Church Street between Park and Centreview in the former Village of Orono. 5. The improvement area described in section 4 and shown in Schedule "A" to this by-law shall be known and referred to as the "Orono Business Improvement Area". Membership 6. Members of the BIA consist of persons who are assessed, on the last returned assessment roll, with respect to rateable property in the BIA that is in a prescribed business property class and tenants of such property. 7. In determining whether a person is a tenant or not, the Clerk may accept a list provided under clause 210(2)(b) of the Municipal Act, 2001 or the declaration of a person that the person is a tenant and the determination of the Clerk is final. Voting 8. Each member of the BIA has one vote regardless of the number of properties that the member may own or lease in the BIA. 9. A corporate member of the BIA may nominate in writing one individual to vote on behalf of the corporation. 10. Subject to section 8, one individual may be nominated for voting purposes by two or more corporations that are members of the BIA. Board of Management 11. A board of management for the BIA (the "Board") is hereby established for the purposes of, (a) overseeing the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the BIA beyond that provided at the expense of the Municipality generally; and (b) promoting the BIA as a .business or shopping area. 12. The Board shall be composed of a total of 7 directors. One director shall be a member of Council appointed directly by the Municipality and the remaining 6 directors shall be selected by a vote of the membership of the BIA and appointed Orono BIA By-Law No. 2015-XXX Page 13 by the Municipality. 13. The Municipality may refuse to appoint a person selected by the members of the BIA, in which case the Municipality may leave the position vacant or direct that a meeting of the members of the BIA be held to elect or select another candidate for the Municipality's consideration. 14. The term of the Board's directors shall be the same as the term of the Council that appointed them but continues until their successors are appointed. 15. Directors are eligible for reappointment. 16. Subject to section 13, if a vacancy occurs for any cause, the Municipality may appoint a person to fill the vacancy for the unexpired portion of the term and the appointed person is not required to be a member of the BIA. 17. The Board shall, as soon as possible after its members are appointed, elect a chair, vice-chair, secretary, treasurer, and such other officers as it may deem necessary to properly conduct the business of the Board. The Board may determine the length of any such appointments. 18. Directors shall serve without remuneration. 19. The Board shall appoint one of its directors to serve as its representative on the Clarington Board of Trade. 20. The Board may establish such committees as it deems necessary to carry out Board responsibilities. Conflict of Interest 21. Directors shall be governed by the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 which requires them to declare a conflict of interest if they or any member of their family has a pecuniary interest in a matter before the Board. The declaration of a conflict of interest and any subsequent action taken by the Board relating to matter in respect of which the declaration was made shall be recorded in the minutes of the meeting as required under Municipal Conflict of Interest Act. 22. No director of the Board shall have any contract with the Board or have any pecuniary interested direct or indirect in any contract work relating to the operations or functions of the Board. Board Meetings 23. The Board may fix the times and places for its meetings, establish the mode of calling and conducting its meetings, and make regulations governing the conduct Orono BIA By-Law No. 2015-XXX Page 14 of its directors. 24. Board meetings shall be open to the public and no person shall be excluded from a Board meeting except for improper conduct or for reasons set out in subsection 239(2) of the Municipal Act, 2001. 25. Four directors of the Board shall constitute a quorum. Budget 26. The Board shall prepare a proposed budget for each calendar year by the date and in the form required by the Director of Finance and shall hold one or more meetings of BIA members to discuss the proposed budget. 27. The Board shall submit the budget to Council by the date and in the form required by the Director of Finance, and Council may approve it in whole or in part but may not add expenditures to it. 28. The Board shall submit to Council a detailed program of the improvement, beautification and maintenance proposed for each calendar year with its budget. 29. The Board shall include all requests for financial support in its proposed budget (section 26) and proposed program (section 28). Council shall not allocate funds to the BIA or its committees through the Municipality's grant or sponsorship policies. Reserve Funds 30. The Board may draw upon the any reserve funds received from any source provided the expenditure is included in a budget that has been approved by Council or approved by Council resolution. Notice 31. The Board shall give reasonable notice to the general membership of the BIA of any meeting at which there will be a vote to select directors (section 12) or discussion on a proposed budget (section 26). Funds 32. The Municipality shall annually raise the amount required for the purposes of the Board in accordance with section 208 of the Municipal Act, 2001. Limitations 33. The Board shall not, I Orono BIA By-Law No. 2015-XXX Page 15 (a) spend any money unless it is included in the budget approved by the Municipality or in a reserve fund established under section 417 of the Municipal Act, 2001; (b) incur any indebtedness extending beyond the current year without the prior approval of the Municipality; or (c) borrow money. Policies 34. In accordance with subsection 270(2) of the Municipal Act, 2001, the Board shall adopt and maintain procurement policies. The Municipality's Purchasing By-law No. 2015-022 may be used as adapted by the Board to the specific requirements of the Board. 35. If required, the Board shall adopt and maintain a policy respecting "its sale and other disposition of land" and "its hiring of employees" in accordance with subsection 270(2) of the Municipal Act, 2001. 36, The Board may establish such other policies, rules or guidelines as it deems necessary to carry out its responsibilities, provided such policies, rules and guidelines are consistent with this by-law and the provisions of the Municipal Act, 2001. Agreements 37. The Board may enter into agreements for normal operating or administrative matters that are within budgetary limits and are consistent with the terms of this by-law. Annual Report 38. The Board shall submit its annual report for the preceding year to Council in the form required by the Director of Finance upon request. Audit 39. Annually the Board shall submit its financial records to the Director of Finance in accordance with a schedule determined by the Director of Finance, generally to be on or about the first week of February. 40. The accounts and transactions of the Board shall be audited by the Municipal Auditor in the same manner as the accounts and transactions of the Municipality, and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to the Municipal Auditor for inspection at all times. Orono BIA By-Law No. 2015-XXX page 16 Assets 41. A physical or tangible asset used, assigned, donated or acquired by the Board is the property of the Municipality. The Director of Finance shall be notified forthwith of any significant assets donated to the Board. Records 42. The Board shall adopt and maintain only banking arrangements and ordinary good accounting practices that are acceptable to the Director of Finance and keep such books of account and submit such statements from time to time as the Director of Finance may require. 43. The Board shall keep minutes of its meetings and all books, papers and documents used in and pertaining to the business of the Board. All such documents shall be collected, used and disclosed only in accordance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56. 44. The minutes of all Board meetings shall be forwarded to the Clerk within 10 business days following ratification by the Board. Insurance 45. As the Board is a board of Council, insurance protection is provided to the Board and its volunteers under the Municipality's Master Insurance Policy terms and conditions. The Board shall forward to the Director of Finance appropriate documentation of all claims or potential claims. The Board shall undertake all of its activities keeping in mind general risk management practices in order to prevent or minimize claims, injuries or damages, and shall work co-operatively with the Municipality's insurer in the investigation and defence of all claims. Repeal 46. By-law 81-1, as amended by By-law 94-44, and By-law 89-50 are repealed. Effective Date 47. This by-law shall come into effect on the date of its passage. Schedule 48. Schedule "A" is attached to and forms part of this by-law. By-law passed this day of 2015. i Orono BIA By-Law No. 2015-XXX Page 17 Adrian Foster, Mayor Anne Greentree, Municipal Clerk Q IV i " Legend �' --- - BIA Area Boundaries ICIENTREVIEV�'+I' STREET Pr7rCdl�asWYt�llil�_(�IoPiC1�8NJ� � � - 1- - La LU x PARK STREET 1 Drone BIA