1995-005 To Appoint a Representative to the Township of Severn-Coldwater and District Community Centre Board of Management
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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;
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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;
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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.
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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 '
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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" .
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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
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2.1. 2
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2.1. 3
2.1.4
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2.2
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2.3
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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.
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4.
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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).
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4.2
4.3
4.4
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4.5
4.6
4.7
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4.8
4.9
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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.
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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.
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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
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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
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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
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That the following controls shall be placed on the
maintenance and distribution of funds held in the
Capital Reserve Fund:
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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.
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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.
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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
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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
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7.
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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.
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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.
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