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HomeMy WebLinkAboutCD-11-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: March 21, 1994 Res. # w':,00 By-Law# Report#: CD-11-94 File #: Subject: APPOINTMENTS TO BOARDS AND COMMITTEES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the 1-year terms of appointments be changed to a term concurrent with the term of the appointing Council for the following Boards and Committees: Property Standards Committee Livestock Valuers Fence Viewers Pound Keepers Game Commission Bowmanville B.I .A. Newcastle B. I.A. Orono B. I .A. Orono Arena Community Centre Board 2 . THAT the by-laws attached to Report CD-11-94 be approved; and 3. THAT the Bowmanville B. I .A. , Newcastle B. I .A. and Orono B. I.A. be provided with a copy of Report CD-11-94 and advised of Council's decision. The following resolution was approved by the General Purpose and Administration Committee on January 3, 1994 : "THAT the 1-year term of appointment to Boards and Committees be referred to the Clerk's Department for review and report. " . . .2 J!�� 1145 IS 1. LUP"!nCCYQEnIA- Report CD-11-94 Page 2 March 21, 1994 BACKGROUND AND COMMENT Appointments for the Term of Council: Appointments for the following Boards/Committees are presently made for the term of Council: Local Architectural Conservation Advisory Committees Committee of Adjustment Newcastle Public Library Broad Clarke Museum Board Bowmanville Museum Board Lions Community Centre Board There is a Provincial statutory requirement that appointments to LACAC, Committee of Adjustment and the Newcastle Public Library Board be made for a term concurrent with the term of Council and the Municipality's by-laws adhere to this requirement. Although the Municipal Act is silent on the length of appointments to the Museum Boards, the Municipality now has by- laws in place which specify that terms of appointments will be concurrent with the term of Council. 1-Year Appointments: Property Standards Committee Livestock Valuers Fence Viewers Pound Keepers Game Commission Bowmanville B. I .A. Newcastle B.I .A. Orono B.I .A. Orono Arena Management Board The above boards/committees presently require that appointments be made yearly and it is recommended that these appointments be changed to coincide with the term of Council for the following reasons: 1. The 1-year appointees have too little time to learn the rules, procedures and responsibilities associated with their appointment. Just as they become familiar and confident with these responsibilities, their term of appointment expires . 2 . Each year, the Municipality's request for interested participants to Boards/Committees is advertised for 3 consecutive weeks in 4 local newspapers . The annual cost to the Municipality for these advertisements is approximately $1,200 . Therefore, by eliminating the need to place these advertisements in the newspapers for 2 years, a saving of approximately $2,400 would be achieved. . . .3 Report CD-11-94 Page 3 March 21, 1994 3. Because Provincial Statutes are silent on terms of appointment for many of the Boards/Committees listed above, one can only surmise that 1-year terms were put in place in this Municipality because Municipal Elections were historically held each year and the 1-year terms of appointment therefore coincided with the term of Council. 4 . Since 1994 is a Municipal election year, the change in terms of appointments is most appropriate because all terms will expire at the end of this year. It is recommended that 1-year terms of appointment to Boards and Committees be changed to a term to coincide with the term of Council. If this recommendation is approved, the following actions are required to effect this change: Property Standards Committee The Planning Act gives discretionary powers to the Municipal Council to establish terms of appointment by by-law. Therefore, By-law #82-63 will have to be amended to change the term of appointees from 1-year to the term of Council (attachment #1) . Livestock Viewers The Livestock Poultry and Honey Bee Act is silent on terms of appointment. No action is necessary until next appointments are made. Fence Viewers The Line Fences Act is silent on terms of appointment. No action is necessary until next appointments are made. Pound Keepers The Municipal Act and the Pounds Act are silent on terms of appointment. No action is necessary until next appointments are made. Game Commissioner The Game and Fish Act is silent on terms of appointment. No action is necessary until next appointments are made. . . .4 6 U 4 Report CD-11-94 Page 4 March 21, 1994 Bowmanville B. I .A. , Newcastle B. I.A. and Orono B. I .A. Section 220(7) of the Municipal Act R.S.O. 1990 pertaining to Business Improvement areas, states that: " . . .Each Member shall hold office from the time of appointment until the expiration of the term of the Council that made the appointments. . . " There is, therefore, a Statutory requirement to amend the three B. I.A. establishing By-laws to alter the term of Appointees from 1-year to the term of Council (attachments #2, #3 and #4) . Mr. Garth Gilpin of the Bowmanville B. I .A. has been advised and is agreeable to this amendment. Ron Hope, Chairman of the Newcastle B. I .A. has been advised and he commented that, in his opinion, the "term of Council" appointments make more sense than the 1-year term. Murray Taylor, Chairman of the Orono B. I .A. , has been contacted and he is in full agreement with the "term of Council" appointments. Orono Arena Community Centre Board By-law #93-54 was approved by Council on April 13, 1993. This By-law amended By-law #78-63 to specify certain qualifications for appointments to the Board, 1-year term of appointments and the number of meetings to be held annually. By-law #93-54 should be amended to change term of appointees from 1-year to the term of Council (attachment #5) . RECOMMENDATION It is therefore recommended: 1. THAT the 1-year terms of appointments be changed to a term concurrent with the term of the appointing Council for the following Boards and Committees: Property Standards Committee Livestock Valuers Fence Viewers Pound Keepers Game Commission Bowmanville B. I .A. Newcastle B. I .A. Orono B. I .A. Orono Arena Community Centre Board . . .5 6 5 Report CD-11-94 Page 5 March 21, 1994 2 . THAT the by-laws attached to Report CD-11-94 be approved; and 3 . THAT the Bowmanville B.I.A. , Newcastle B. I.A. and Orono B. I.A. be provided with a copy of Report CD-11-94 and advised of Council's decision. Respectfully submitted Reviewed by tI /labt B , rie, A.M.C.T. W.H. Stockwell n Clerk Chief Administrative Officer MPK/PLB/hj attachments List of Interested Parties: Mr. Garth Gilpin, Secretary-Treasurer and General Manager Bowmanville B.I .A. P.O. Box 365 Bowmanville, Ontario L1C 3L1 Mr. Ron Hope, Chairman Newcastle B. I .A. 24 King Street East Newcastle, Ontario L1B 1H6 Mr. Murray Taylor, Chairman Orono B. I .A. Box 489 Orono, Ontario LOB 1M0 6Ub ATTACHMENT #1 CD-11-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94- Being a By-law to amend By-law #82-63, as amended, being a By-law for occupancy of property within the former Town of Newcastle. WHEREAS the Council of the Municipality of Clarington deems it expedient to further amend By-law #82-63; NOW THEREFORE the Corporation of the Municipality of Clarington enacts as follows: THAT Section 4.3 3) be deleted in its entirety and replaced with the following: 4.3 3) The term of office for Committee Members shall be a term concurrent with the term of office of the appointing Council or until successors are appointed. By-law read a first and second time this 28th day of March, 1994. By-law read a third time and finally passed this 28th day of March, 1994. Mayor Clerk 60 / ATTACHMENT #2 CD-11-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94- Being a By-law to amend By-law #77-33, as amended, 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 Bowmanville Central Business Improvement Area. WHEREAS the Council of the Municipality of Clarington deems it expedient to further amend By-law #77-33; NOW THEREFORE the Corporation of the Municipality of Clarington enacts as follows: THAT Section 5 be deleted in its entirety and replaced with the following: 5. Each member shall hold office for a term concurrent with the term of office of the appointing Council or until his/her successor is appointed. By-law read a first and second time this 28th day of March, 1994. By-law read a third time and finally passed this 28th day of March, 1994. Mayor Clerk a ATTACHMENT #3 CD-11-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94- Being a By-law to amend By-law #81-2, as amended, being a By-law to designate an area in the Village of Newcastle Central Business District as an Improvement Area and to establish a Board of Management for the Village of Newcastle Central Business Improvement Area. WHEREAS the Council of the Municipality of Clarington deems it \ expedient to further amend By-law #81-2; NOW THEREFORE the Corporation of the Municipality of Clarington enacts as follows: THAT Section 5 be deleted in its entirety and replaced with the following: 5. Each member shall hold office for a term concurrent with the term of office of the appointing Council or until his/her successor is appointed. By-law read a first and second time this 28th day of March, 1994. By-law read a third time and finally passed this 28th day of March, 1994. Mayor Clerk 609 ATTACHMENT #4 CD-11-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94- Being a By-law to amend By-law #81-1, as amended, being a By-law to designate an area in the Village of Orono Central Business District as an Improvement Area and to establish a Board of Management for the Village of Orono Central Business Improvement Area. WHEREAS the Council of the Municipality of Clarington deems it \ expedient to further amend By-law #81-1; NOW THEREFORE the Corporation of the Municipality of Clarington enacts as follows: THAT Section 5 be deleted in its entirety and replaced with the following: 5. Each member shall hold office for a term concurrent with the term of office of the appointing Council or until his/her successor is appointed. By-law read a first and second time this 28th day of March, 1994. By-law read a third time and finally passed this 28th day of March, 1994. Mayor Clerk t III I 610 ATTACHMENT #5 CD-11-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94- Being a By-law to amend By-law #93-54, a By- law to amend By-law #78-63, as amended, being a By-law to establish the Orono Arena as a Community Centre in accordance with the Community Recreation Centre's Act R.S.O. , (1990) C.22 and to provide for the establishment of a Community Centre Board. WHEREAS the Council of the Municipality of Clarington deems it expedient to amend By-law #93-54; NOW THEREFORE the Corporation of the Municipality of Clarington enacts as follows: THAT Section 1.2. be amended by deleting the word: "annually" and replacing it with: "for a term concurrent with the term of office of the appointing Council or until successors are appointed, ". By-law read a first and second time this 28th day of March, 1994. By-law read a third time and finally passed this 28th day of March, 1994. Mayor Clerk a I