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1995-005 To Appoint a Representative to the Township of Severn-Coldwater and District Community Centre Board of Management . ' CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 95-05 Being a By-law to Appoint a Representative to the Township of Severn-Coldwater and District community Centre Board of Management WHEREAS the Township of Severn has established a Board of Management to oversee the operation of the Coldwater and District Community Centre facility as well as the Coldwater Fairgrounds; AND WHEREAS the Municipal Act, R.S.O. 1990, c. M.45, S. 207, provides that a Council of a Municipality may enter into an agreement with a Council of another Municipality to provide for the participation of such other municipalities on a Board of Management; II II " i' AND WHEREAS the Township of Oro-Medonte desires to be a full participant in the affairs of the Board of Management established by the Township of Severn. NOW THEREFORE be it resolved that the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the attached Terms of Reference of the Township of Severn, established in their By-Law 1994-79, be adopted and be appended hereto as Schedule 'A' and forming part of this By- Law; II II II !I II !I 2. That Michael VanderGeest be appointed as the representative for the Township of Oro-Medonte and be eligible for remuneration and expenses associated to the appointment in accordance with the Township of Oro-Medonte policies; 3. That this By-Law come into full force and effect on its final passing thereof. II Ii II 11 !I II II il 'I ]1 il 'i Ii , ii Ii il II " ii II " 'I " II il " Ii II il 11 'i il " 'I ~ ii ,I iI II II " " il READ a first and second time this 18th day of January, 1995. READ a third time and finally passed this 18th day of January, 1995. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~,IS~ MAYOR IAN B D ~)2' /~.,pf ,/ L<~;F/~ A ,y'~ } A6LERK DARLENE SHOEBRIDGE ' il 'i ii , Ii ii ii I] !i " " I! !! II I , II q 11 I " II .- 'I :; 'i il Schedule 'A' Terms of Reference as per Township of Severn By-Law No 1994-79 1. Establishment of Board of Manaqement 1.1 Pursuant to the provisions of section 207, paragraph 58 of the Municipal Act R.S.O. 1990 Chapter M.45, a Board of Management is hereby established to oversee the management and operation of the Coldwater and District Community Centre facility and the Coldwater Fairgrounds, the location of which is more particulary described in the preamble of this by-law (1994-79). 1.2 The Board established in section 1.1 of this By-Law (1994-79) shall be known and referred to as the "Coldwater and District Community Centre Board of Management" . II II II II " I I 2 . Composition of the Board 2.1 The "Board of Management" as established in section 1 of this By-Law shall be composed of a minimum of five members and a maximum of eight members to be derived in the following manner. 2 .1.1 II 2.1. 2 il II II il II II Ii 2.1. 3 2.1.4 ii II " Ii i\ Ii i1 2.2 'i ij " !i ii II il II II II " II ~ Ii ii Ii " 2.3 ii :i Ii II i' I: Ii 'I The Mayor designate. of the Township or his/her A member of the Council of the former Village of Coldwater as appointed by Council and after December 1, 1994, the Councillor elected by the residents of the Coldwater Ward of the Township of Severn. Three electors or members of Council of the Township of Severn appointed annually by said Council. As required one elector or Member of Council appointed annually by the Council of each of the following municipalities: a) The Corporation of the Township of Oro- Medonte b) The Corporation of the Township of Tay c) The Corporation of the Township of Georgian Bay. The members of the Board of Management provided for in section 2.1.4 above shall become members of the Board of Management at such time as their respective Councils have enacted a By-law both adopting the terms of this By-law (1994-79) and further agreeing to make an annual contribution to the Capital Reserve Fund of the community Centre Facility calculated in accordance with the formula provided in section 5.2 of this By-law. That prior to the Municipalities identified in section 2.1.4 above enacting a By-law to formally adopt the terms and conditions of membership as contained herein, the council of the Township of Severn may appoint an eligible elector from any or all of the said Municipalities to act as non-votinq members of the Board of Management. d iJ II , ! , il II -f I, 'I IJ II II II !I II !I il il II 'i i :1 II II II ii II :1 il il I! 11 " 'I II II Ii d II II II II II " II II " d II :i il II q " 'I . il , 'I , il I d 'I ]1 d , " 'I ii 4. , , Ii -2- 2.4 The members of the Board of Management shall be appointed by their respective Municipal Councils annually during the first meeting in December of each respective Council. 2.5 The members of the Board of Management shall be 18 years of age, citizens of Canada, an owner or tenant of lands in the Municipality which they have been appointed to represent, and shall not otherwise be disqualified from becoming a candidate for election to Municipal Office. 2.6 That the term of an individual appointed to the Board of Management shall be from January 1st to December 31st in any given year, and any member may be reappointed an indefinite number of times should the appointing body so deem this to be desirable and in the interest of the public. 2.7 All members of the Board must maintain their appointment qualifications throughout their term of appointment and should they be unable to do this, they shall be required to tender their resignation forthwith. 2.8 Should any appointee to the Board of Management, with the exception of the Mayor of the Township of Severn, fail to attend three consecutive meetings, the Board of Management may, at its discretion, formally request the appointing Municipality to rescind its appointment of the said member and to reappoint another, and the appointing Municipality shall comply forthwith. 3. Votinq 3.1 That each member of the Board of Management shall be entitled to one (1) vote only. 3.2 That a tie vote shall be considered a lost vote. 3.3 That the Chairman of the Board of Management shall be elected annually from among the members of the Board at the first Committee meeting in January and that said Chairman shall only have one (1) vote. 3.4 That in carrying out the provisions of this By-law all decisions of the Board of Management shall be governed by a majority vote of its respective members, and while acting bona fide within the limits of the authority of this Agreement, neither the Board of Management nor any individual member of the Board shall incur any liability, debt or obligation for which the Corporation of the Township of Severn shall become responsible without having previously obtained the consent of the Council of the Municipality. Jurisdiction of the Board 4.1 The Board of Management shall be vested with the care and control of the facilities known as the Coldwater and District Community Centre and the Coldwater Fairgrounds, more particularly described in the preamble to this By-law (1994-79). H II !i , i ii q ii II II H i' Ii " II ~ 11 " II !; " 11 I , I ! II II 4.2 4.3 4.4 II II II il " :1 , " il :1 " 'I , '! il II :I , , 'i II :1 , ;1 :i , , !I , 'I 'i II !! , it il II ii [1 ii 4.5 4.6 4.7 ii !i , Ii Ii i! 11 !\ II :i ,I , , H 11 I .. , " " 4.8 4.9 q " il II Ii " I' II Ii ii , I! " " !I 4.10 " ii Ii -3- The Board of Management shall be responsible for all capital maintenance and improvements to the Coldwater and District Community Centre and/or the Coldwater Fairgrounds, subject to prior budget approval by the Council of the Township of Severn. The Board of Management shall be vested with complete responsibility for ensuring the proper ongoing maintenance, management and programming of the Community Centre Facility and Fairgrounds. In carrying out its duties as prescribed herein, the Board of Management shall ensure that all residents of the Township of Severn, and any other Municipalities which have adopted this By-law are provided with equal access to all recreational and cuI tural programs provided by the Board and in doing so the board may consider the advisability of recommending to Council the expansion or improvement of existing facilities and/or the creation of additional facilities. The Board of Management is hereby empowered to enter into negotiations, subject to the approval of the Council of the Township of Severn, with the Councils of any of the Municipalities itemized in section 2.1.4 of this By-law, the result of which would secure the participation of additional Municipalities in the management of the Coldwater and District Community Centre and Coldwater Fairgrounds. The Board of Management shall, on or before the first day of March in any given year, adopt and submit to the Council of the Township of Severn estimates of current and capital expenditures to be incurred by the Board during the said year. In addition, the Board shall also adopt and submit at the same time a five year forecast of proposed capital expenditures and formal request for supplementary funding (if required). In preparing its budget it shall be the mandate of the Board to achieve recovery of its operating expenses through revenues derived from the users of the facility, and the Council of the Township of Severn shall not be required to provide any financial assistance to the Board, except as specifically provided for in this By-law. The Board of Management shall have complete authority to establish fees for various services and programs and/or for the rental of facilities to individuals or groups. The Board of Management shall have the authority to enter into Lease Agreements with interested parties for any particular purpose relating to the Coldwater and District Community Centre facility providing that any such lease shall not exceed the remaining term of the then current Municipal Council. The Board of Management, in carrying out its mandate, shall respect any pre-existing leases and/or agreements pertaining to the Coldwater and District Community Centre and/or Coldwater Fairground. II II !! , II -4- The members of the Board of Management shall, as required, report to their respective Councils upon the nature and ramifications of any proposed transfer of funds from that fund, henceforth to be known as the "Capital Reserve Fund". That the "Board of Management" shall be authorized to solicit funds and conduct fund raising projects, without obligation, for the benefit of the operation and maintenance of the facility or for capital needs, provided that such action is not in conflict with the accepted practices of the participating Municipalities. I II II ~ , , I 4.11 4.12 II 5. Administration The Treasurer of the Township of Severn shall establish a separate interest bearing Reserve Fund which shall be designated " The Coldwater and District Community Centre Capital Reserve Fund". 5.1 I , I II II II iI I II 11 1 , il 'I II ,I :1 ,I II II 'I 'I II II II II 'I II 'I 'i II il II II II iI II II II 'I II 11 iI iI q , " , 5.2 Each Municipality may contribute to the Capital Reserve Fund in the following proportions: 5.2.1 5.2.2 5.2.3 5.2.4 ,I , I ij ii il " " " [1 :i 'I if .. if " iI Ii 'I 5.3 The Township of Severn shall annually contribute an amount from tax revenues equal to the total number of electors registered in the Coldwater, Matchedash and Uhtoff Wards of the Township multiplied by two dollars ($2.00) per capita. The Township of Oro-Medonte may annually contribute an amount from tax revenues equal to 10% of the total electors registered in the Township multiplied by two ($2.00) dollars per capita. The Township of Tay may annually contribute an amount from tax revenues equal to 10% of the total electors registered in the Township multiplied by two dollars ($2.00) per capita. The Township of Georgian Bay may annually contribute an amount from tax revenues equal to 10% of the total electors registered in the Township multiplied by two dollars ($2.00) per capita. For the purposes of interpretation, the term "total electors' as used in Section 5.2 shall mean and refer to the most recent statistics published by the Regional Assessment Offices from time to time. In the event of a Municipality other than the Township of Severn withdraws from participatin~ in the "Board of Management", all preV:LOUS contributions to the Capital Reserve Fund shall vest with the Corporation of the Township of Severn and shall not be returned in whole or in part to the Municipality which is withdrawing its support and participation. 5.4 it Ii il Ii " , " Ii I: I' That the following controls shall be placed on the maintenance and distribution of funds held in the Capital Reserve Fund: 5.5 I; ii :1 " II " II ,I Ii " , I I ;i ii Ii II -5- 5.5.1 That the Capital Reserve Fund shall be used solely and specifically to hold and disburse funds required for capital upgrading or expansion of the Coldwater and District Community Centre facili ty. At no time whatsoever shall these funds be used to offset operational costs incurred by the Board in the course of its work. II ,I II .,. !I " :1 ;1 II " ii " , :1 , Ii " Ii " Ii II II II " !1 Ii Ii II ;1 II Ii il II !\ II Ii Ii II' II I[ il II " " " Ii " " 11 11 I' II il 5.5.2 Each respective Municipality shall annually, on or before July 31st of the current year, pay into the "Capital Reserve Fund" its individual contribution as calculated in accordance with the formula referred to in Section 5.2 of this By-law. The funds held in the "Capital Reserve Fund" shall accumulate year by year, together with any accrued interest or other monies raised for capital improvement of the Coldwater and District Community Centre facility. 5.5.3 5.5.4 Payment of funds from the "Capital Reserve Fund" shall only be made after a three-quarters (3/4) majority of the full "Board of Management" is obtained, such approval must take the form of a "recorded" vote of the Board members. Ii , :! ii :i Ii I il I , I ij 5.6 The amount of the capital grant contributed by each of the participating Municipalities shall be renegotiated every three (3) years if deemed required by the Board. Any change must be conf irmed by By-law of each Municipality before it is implemented. The Council of the Township of Severn, in addition to any amount provided in section 5.2.1 of this By- law, shall annually provide a contribution to the Board of Management equal to the anticipated cost of maintaining the grounds of the Coldwater Fairgrounds. 5.5.5 il Ii !i :: Ii II II " " " " " il .. Ii i' Ii " Ii II !I I ! ii 5.7 The Treasurer of the Township of Severn shall establish segregated Revenue and Expenditure Accounts within the Municipality's general ledger which shall be utilized to record all financial transactions of the Board of Management. The Treasurer of the Township of Severn is authorized to pay accounts payable incurred by the Board from time to time, provided that the subject expenditures have been contemplated in the annual budget of the Board as approved by Council, and further provided that a vote of the majority of the members of the Board to pay said accounts has been obtained. 5.8 Ii I, II " I , q :1 II q 11 i , , I i , I II I II ;j .. 'I 'i , il I II I Ii II II II II II , I II 'I 'I Ii q il i. Ii II 11 11 " " " " " Ii " II " Ii I, " II II II II ii ii !I II I, !I 'I I, II 'I ~j. ~ 'i il II II I II 7. " Ii " II " II " Ii ii II II " " " " -6- 5.9 The signing officers for all transactions involving the Board of Management shall be the Mayor and the Treasurer of the Municipality, and in their absence such other individuals as may be appointed by the Council. 6. Emplovment of Officers 6.1 The Board of Management shall recommend to the Council of the Township of Severn the appointment of an individual to act as Manager of the Coldwater and District Community Centre and Coldwater Fairground facility, who shall also act as Manager of the Coldwater Fairground. The Manager shall report to and take direction from the Board in respect to all program matters. 6.2 The Municipal Treasurer of the Township of Severn or his/her designate shall act in the capacity of the Treasurer of the Board. 6.3 The Treasurer of the Township of Severn shall establish procedures and policies to govern the financial transactions of Community Centre staff, subject to approval of the Board and the Municipal Auditors. 6.4 The Board shall appoint an individual to act as Secretary to the Board, subject to the approval of the Chief Administrative Officer of the Municipality. 6.5 The Board of Management may, from time to time, recommend to the Council of the Township of Severn the appointment and/or removal of such additional employment positions provided that a position description for each position has been established by Council and a salary range applied thereto. 6.6 Prior to recommending the establishment of any new positions which have no previously established job description, the Board shall be required to consult with the Chief Administrative Officer to develop a job description and pay scale for same which is consistent with the Township of Severn I s overall employment policy. 6.7 The Council of the Township of Severn shall at all time retain ultimate jurisdiction over the administration of all employment matters relating to the operations managed by the Board of Management. Participation 7.1 Should anyone of the Municipalities identified in section 2.1.4 of this By-law wish to become a full participant in the affairs of the Board, the Council of the subject Municipality will be required to enact a By-law adopting the Terms of Reference for participation as established in this By-law and further agreeing to annually contribute a grant in the amount provided for in section 5.2 above. ii '.\ 'i I , \\ Ii \\ , -7- II 'i II Ij II " Ii , ii . \i II Ii 1'1 1'1 ii ;I II ,I II II ii !J 'I ,I III 7.2 The execution of a By-law by any Municipality authorizing its full participation in the affairs of the Coldwater and District community Centre Board of Management shall not be construed as the conveyance of any share of the assets or liabilities of the Corporation of the Township of Severn. l , I , , II 1,1 II II Ii 'I II II il i! \\ !1 ii I I 'i I , 'i :1 :1 I , i I , 'i \ Ii :i j i ij II " ii .. II Ii 'i II Ii :i I, )] ii q it I, " Ii 1\ " il " 1'i !I , i