HomeMy WebLinkAboutLGL-001-16 Unfinished Business 13.1
Clarmgton
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: January 25, 2016 `" 01
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Report Number: LGL-001-16 G — k
File Number: Department File #L1000-31 By-law Number: ,C\
Report Subject: Orono Business Improvement Area By-law
Recommendations:
1.1 That Report LGL-001-16 be received; and
EITHER
1.2 That the by-law attached to this Report (Attachment 1) be passed.
OR
1.3 That staff be directed to,
(a) provide notice to every member of the current Orono Business Improvement Area
of Council's intention to repeal By-law 81-1, as amended by By-law 94-44, and By-
law 89-50; and
(b) if no objections are received in response to such notice, report back to Council at
its meeting on February 29, 2016 with recommendations to (i) repeal By-law 81-1,
as amended by By-law 94-44, and By-law 89-50; and (ii) continue the committees
of the Orono BIA that were established to run the Orono Chili Cook-Off, Orono
Santa Claus Parade and Orono Antique Festival as committees of Council.
Municipality of Clarington Page 2
Report LGL-001-16
Report Overview
Staff are recommending that Council either update the Orono Business Improvement
Area By-law or recognize that this BIA is no longer necessary, in which case the
members of the current Orono Business Improvement Area of Council's should be
notified of Council's intention to repeal the by-laws that established the BIA.
2. Background
2.1 On September 21, 2015, Council passed the following Resolution (#C-247-15):
That Report LGL-008-15 be received;
That 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
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.
2.2 A copy of Report LGL-008-15 is attached to this Report (Attachment 2).
2.3 As directed, staff sent the required notices on September 22, 2015. There were
no objections received. There were no comments of any kind provided to staff in
response to the notice.
3. Discussion
3.1 In the opinion of staff, it is appropriate for Council to either update the Orono BIA
by-law by passing the by-law attached to this Report as Attachment 1 or
recognize that the Orono BIA is no longer necessary and repeal the by-laws that
established and provided governance provisions for the BIA (By-law 81-1, as
amended by By-law 94-44, and By-law 89-50).
3.2 It may be appropriate to discontinue the Orono BIA given the fact that for many
years it has been difficult to find 7 members of the BIA willing to sit as directors of
its board of management. Even when there have been 7 directors, it has been
Municipality of Clarington
Report LGL-008-15 Page 3
difficult to arrange meetings at which there was a quorum (4 directors). At the
present time, there are only 4 directors.
3.3 If Council repeals the by-laws, the BIA's annual levy (approximately $6,000) will
no longer be applied and any funds remaining in the Orono BIA bank accounts
and investments (if any) can be turned over to the Treasurer and used by Council
for purposes consistent with the former BIA's purposes.
3.4 If Council repeals the by-laws, the committees that were established to run the
Orono Chili Cook-Off, Orono Santa Claus Parade and Orono Antique Festival
should be continued a committees of Council in order for the organizers of those
events to be covered by the Municipality's insurance. In order to maintain their
status as committees of Council, these committees will need to (a) forward
minutes of their meetings to Council for information; (b) submit a budget to
Council (if they are seeking funding); and (c) provide financial records to the
Finance Department. These committees cannot incur debt and their assets (if
any) become municipal assets.
3.5 Although it is not a legislative requirement, it is recommended that members of
the current Orono Business Improvement Area be notified of Council's intention
to repeal By-law 81-1, as amended by By-law 94-44, and By-law 89-50 before
Council actually passes the by-laws.
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 Council adopt the by-law attached to this
Report (Attachment 1) or notify current BIA member of Council's intention to
repeal the Orono BIA by-laws.
Municipality of Clarington
Report LGL-008-15 Page 4
6. Strategic Plan Application - not applicable
Submitted by: Reviewed by
Andrew t. Allison, B. Comm, LLB Franklin Wu,
Municipal Solicitor Chief Administrative Officer
Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison@clarington.net
Attachments:
Attachment 1 — Proposed Orono Business Improvement Area By-law
Attachment 2 — Report LGL-008-15 (without attachment)
Attachment 1 to
Report LGL-001-16
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2016-
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.
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Orono BIA By-Law No. 2016- 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. 2016- 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. 2016- 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,
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Orono BIA By-Law No. 2016- Page 15
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(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.
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Orono BIA By-Law No. 2016- 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.
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Orono BIA By-Law No. 2016- page 17
Schedule
48. Schedule "A" is attached to and forms part of this by-law.
By-law passed this 8th day of February, 2016.
Adrian Foster, Mayor
Anne Greentree, Municipal Clerk
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Orono BIA
Attachment 2 to
Report LGL-001-16
P amgtoni
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 Q S 4 G U _
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.
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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).
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Municipality of Clarington
Report LGL-008-15 Page 3 j
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
Submitted by: `' ��' Reviewed b : t
Y 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