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Home My WebLink AboutCS 11/00, . . `,�.� OF P/p� ) � 44 �L H � y47 �� REPORT TO COUNCIL FROM: Gillis A. Paterson DATE: May 9, 2000 Director, Corporate Services & Treasurcr lane Burton REPORT NUMBER: CS 1 I-00 Ciry Solicitor SUBJECT: Millennium Trnil Proposal Resalution and the West Rougc Canoe Club RECOMMENDATION: That Rcport CS I 1-00 of the City Solicitor and the Dircctor, Corporate Services & Treasurer be rcceived and thaC I. Council approve this rcport as to conlent and intent in rcgurds to the subject matter; 2. Council rcqucst that thc West Rougc Cance Club providc any and ull markcting und promotional malcriul rclalcd to thc fundruising cfforts ro thc Ciry prior to distribution to the public, and thut Council authorize the appropriatc stu(f to rcview and approve such matcrial; 3. Council authorizc Ihc approprinic stuff to ncgotiatc and exccutc an agrecmcnt with thc West Rouge Canoc Club confirtning thc dislribution of any monies raiscd through fundraising, us wcll as any muttcrs rclatcd thcrcto; 4. the uttached by-law providing for thc csiablishment of a Reservc Fund bc rcaJ three times and npprovcd; and 5. the appropriatc smff of thc City of Pickcring bc given thc authoriry to givic effect therero. ORIGIN: At its meeting of April 17, 2000 Council, in considering a Notice of Motion, deferted the matter to providc staff the opportunity to comment. AIITHORITY: Tlie Municipa( Ac�, RSO 1990, ns amended. FINANCIAL IMPLICATIONS: As indicnted in the original financial plan (or this project, fundraising is un important componcnt of revenue generation. Thc proposal put forth by thc West Rouge Canoe Club ussists in mceting that goal. EXECUTNE SUMMARY: Thc West Rouge Cunce Club has indicoted its dcsire to ussist in fundrnising for lhe Millennium Trnil Bourdwalk through thc sulc of bourds with the sponsors' numc cngrovcd thcrcon. 1'hc � 2� Report to Councii CS i 1-00 4 . Dute: May 9. 2000 Subject: Millennium Trail Proposed Resolution unJ lhe Wcst Rouge Cance Club Page 2 boardwalk itself is a City project that will be built unJ mnintaincd by the City on lands owned by Ontario Power Generntion (OPG) under nn existing ngreement. BACKGROUND: At the Council meeting of April 17, 2000, a IVotice of Motion was put forth regarding the West Rouge Cance Club's "Praposal to Lnprove t/ie Pickering Mil(enniunr Projec!". It w•rs subsequently de(ermd for two weeks to provide an opportunity for certain actions to bc undcrtaken by City staff. Since the City is lending its name to the fundraising proposal and receiving funds, the City must retain the right to grant finai approval of nny and all marketing and promotional materi•rl prepared by the West Rouge Cnnce Club hefore such material is distributed to the public. Wc must ensure that all reprcsentations being made to Ihe public are uccurute and complete. Accordingly, the material shoulJ be npproved to the satis(uction of the Dircctor, Corporate Services & Treasurer, Dirccror o( Oper�lions and Emergency Services and the City Soliciror. For example, although the "Proposn! ro In�prove die Pickering Milleiuiiuni Project" indicates that the purchaser of a boarJ would rcceivc a deed uffirming their owncrship for thc lifc of the board, such wording has legal implications which could be misinterprcted. It is therefore more appropriate (or the purchaser of the engrnving lo rcceive a"cenificate of appreciation" acknowledging thcir contribution. Council should bc awarc Ihat whilc thc Noticc oP Molion stulcs that any funds raised by thc Wcst Rouge Cance Club should go towards Ihcir ongoing projecl lo builJ a facility in Pickering to support the activitics of their Club, the Ciry has no uuthority to enforcc such a condition, other than "moral suasion". In nJdition, thc dcvclopmcnt o( any such facility would bc subjcct to the normal planning approval proccss. Furthermorc, whilc the Notice of Motion indicatcs Ihat thc first $100,000 funds raised will go dircctly to the City to o(fsct the construction costs and that any dollars raiscd after $100,000 will be split cvcnly bctwccn thc Wcst Rougc Canoc Club and thc City, obviously thcrc arc no guarantees as to thc success of the fundraising cfforts or how much money will actually be raised. It must be mude clear to all partics thut thc City will not be responsible (or any shortfall. Accordingly, staff shoulJ be authorizcd to cnler into un agrccment with thc West Rouge Cance Club to formulizc this undcrstanding, as wcll ns any matters rclated thercto. With respect to the handling of funds, the West Rouge Cance Club will forward funds raised through their efforts to the City Trcasurer. These funds will then be depositcd in the Corporation's bank uccount. These funds would be best administercd through the establishment of a Rescrve Fund undcr the Municipal Act. Thc operalion of this fund will be governed by the attachcd by-law. The By-Law will be govcmed by the provisions of the Municipal Act, and Regulations thercunder, specifically Section l63(2) regarding the estnblishmcnt of the Rescrvc Fund nnd Section 167 regarding the investment of funds. The funds will be accounted for separntely, invested conservntively, rcported on as a separate fund and subject to the annual nudit. The source of funds nnd disubursemcnt of the funds will be dealt with in uccordancc with thc principlcs outlined in the Motion (still to be approvcd by Cauncil). The first $100,000, and half of anything over that nmount, raisud by the West Rouge Cana; Club �vill be depositcd into thc fund. Disburscmcnts will bc for construction costs for the Millcnnium Trail. The nttachcd by-law provides for tha foregoing. ' '� Report to Council CS 11-00 Dnw: Muy 9, 2000 SubJect: Miliennium Trnil ProposeJ Resolution and the West Rouge Canoe Club Page 3 ATTACHMENTS: 1. Draft by-Inw. Approved / Endorsed By: � Gillis A. Puterson Direcror, Corpo e Services & Treasurer Jane on Ciry S licitor � GP:vw Attachment Copy: Chief Administmtive Officer Dircctor, Operatons & Emergency Services Recommended for ihe considemtion of Pickcring Ciry Council � , ,, � - � /d ' mns J. ui , Ch Adm ' tivc fficer � . ar' , . . . ,. . . 23 ' A7TACHMENTN�'T�OAEPOATN� 11-00 � g THE CORPORATION OP Tr-tF �rrv nR PirKpRnJn BY-LAW NO. Being n by-Inw to provide for thc cstablishment of a Rescrve Fund to be known as the City of Pickering Millennium Trail Reservc Fund. WI-IEREAS under The Municipal Act, R.S.O., 1990 ns nmended, the Council of the City of Pickering may establish and maintnin n mserve fund for any purpose for which it has nuthority to expend funds. Wi�REAS it is desirnble to estnblish n reserve fund for thc purpose of funding Pickering capital projects. WHEREAS thc Council of the City of Pickcring has upprovcd the conswction of thc Millcnnium Trnil. WHEREAS the Council of thc City of Pickering has approved funding that includes public funJ mising. WHEREAS the Board of Dircctors of the Wcst Rougc Cance Club has indicuted its desire to participatc in such public funding through thc saic of boards For thc Bourciwnik ns a fundmising mcnns for thc City and itself. AND WHEREAS a Notice of Motion in lhis reg�ud was put Conh nt the Council meeting of April 17, 2000 indicadng that the first 5100,000 so r�iscd and hnlf of cvcrything ruised thereuftcr will bc forwarded to thc Cily to bc uscd to finance thc purchnsc of thc bourds, the engraving thereonc and towards thc construction of thc bonrJwalk. NOW THEREFORE THE COUNCIL OF THE CORPORATfON OF THE Cfi'Y OF PICKERIIVd HERL'BY ENACfS AS POLLOWS: l. The establishment of a rescrve fund known ns the City of Pickcring Millennium Trail Reserve Fund is herby authorizcd. 2. The Millennium Treil Rcserve Fund shaU consist of such moncys as may bc provided by West Rougc Cance Club therefor Prom dme to timc together with thc inveslments madc nnd cnmings derived theafrom. 3. The Millennium Trsil Reservc Fund shall be uscd for the purpose of acquiring, engraving unJ instnlling bonrds in the Boardwalk as approved by Council Irom time to time. 4. This by-!nw shall come into foree on the date uf its enactment. DY-LAW rcnd n first, sccond and third time nnd finally pusscd thiA 15th dny of Muy, 2000. Waync Arthura, Mnyor IIrucc Taylor, Clcrk