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HomeMy WebLinkAbout23 060 Commemorative Bench and Tree Program Policy By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 060 Being a By-law to Adopt a Commemorative Bench and Tree Program Policy for the Corporation of The Municipality of Kincardine Whereas Section 270 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain a policy with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public; and Whereas pursuant to the said Municipal Act, Sections 8 and 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas the Council of the Corporation of the Municipality of Kincardine desires to adopt a new Commemorative Bench and Tree Program Policy; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That the Commemorative Bench and Tree Program Policy for The Municipality of Kincardine, attached hereto as Schedule ‘A’ and forming part of this By-law be adopted. 2. That this By-law shall come into full force and effect upon its final passing. 3. That By-law may be cited as the “Commemorative Bench and Tree Program Policy By-law”. Read a First and Second Time this 17th day of April, 2023. Read a Third Time and Finally Passed this 17th day of April, 2023. Mayor Clerk Schedule ‘A’ By-law 2023 - 060 Policy No.: PRK.01 Section: Your Livable Community Policy Title: Commemorative Bench and Tree Program Adopted Date: April 17, 2023 By-law No.: 2023-060 Revision Date: 1. Purpose The Commemorative Bench and Tree Program Policy provides the framework for creating a consistent approach for the public to pay tribute to a person or occasion by purchasing a commemorative tree or bench for installation within the Municipality of Kincardine. 2. Scope This policy shall apply to circumstances where citizens wish to participate in the program on municipal property. 3. Responsibility The Community Services Department is responsible for the oversight of this program. 4. Procedure/ Policy 4.1. Application and Program Process Each year, the Community Services Department will open the application process for memorial benches and trees on March 1st annually. The application process will be open via a form on the Municipality of Kincardine’s website (www.kincardine.ca). Alternatively, those who wish to submit an application can call the Department to make their application. A separate application is to be made for each individual commemorative bench or tree being requested. Applications will be evaluated on a first come, first serve basis. The application process will close on May 1st of each year, unless sales have reached the capacity. Staff will provide confirmation of receipt of each application via email and will communicate directly with those who have been selected for a memorial bench or tree. Should an applicant not be successful in obtaining a location for their commemorative piece, a new application will need to be made the following year. Each year the municipality will make a minimum of 10 bench locations available. The municipality has the right to change the total number of available bench and tree applications annually. Once the location and plaque wording have been approved by staff, the donor must remit payment in full before the bench, tree or plaque order will be placed. Staff will strive to install all commemorative benches and trees within the calendar year of the application. Due to anticipated high volume of requests, installation timelines cannot be guaranteed. Donors will be contacted if there are excessive delays in installation. If requested on the application form, donors will be emailed a certificate certifying the location of the bench, tree or plaque and any ‘wording’ that may have been requested. This certificate will not include a photo. 4.2. Available Locations New bench and tree locations will be identified in January of each year to be made available to the public and showcased on the website. Once, bench and tree locations for the year are sold, the program will be halted until the following year. Premium Locations: • Station Beach/Reunion Park • Dunsmoor Park • Macpherson Park • Victoria Park Schedule ‘A’ By-law 2023 - 060 4.3. Commemorative Bench Options One style of commemorative bench will be available from the municipality. Alterations in style, or deviations from the approved locations will not be permitted. Staff will not accommodate requests to affix plaques to already installed benches. 4.4. Commemorative Tree Options Commemorative tree species will be selected by the Municipal Horticulturalist depending on the location preferred by the donor. The donor may request a specific tree species from an approved list created by the Municipality. Ultimately, the Municipal Horticulturalist will decide which tree will thrive in the desired location. A commemorative tree will consist of a planted tree, plaque mounted to a concrete pedestal and mulch ring at the base of the tree. Trees will be watered and cared for as part of the normal maintenance of newly planted municipal trees. Mulch rings are not guaranteed to be “topped up” each year (this will be at the discretion of the Municipal Horticulturalist). 4.5. Commemorative Plaque The commemorative plaque is engraved with the desired 120-character message, which is subject to approval by staff. The text will be centered on the plaque. Each tree or bench will only accommodate one plaque. Advertising or promotion is not permitted on the plaque. 4.6. Replacement & Warranty Commemorative benches and trees are not a service the Municipality provides in perpetuity. Commemorative benches will remain in their place for a maximum period of 10 years. After 10 years, the Municipality will offer the donor the option to purchase another commemorative bench and plaque for another 10-year period. If the initial donor declines the extension, the spot will be open for others to select for a new bench. Benches may be removed before the 10-year period if the bench becomes unsafe, the warranty period has passed, and the donor has declined to assume the cost of repairs. In this case, the location would be available to others for a new bench. Plaques for commemorative trees will also remain in their place for a maximum of 10 years. After the 10-year period, the donor will be offered an extension for another 10 years. If the donor declines, the location will be available to others to purchase a plaque. If, after the first 10-year period, the Municipal Horticulturalist deems the tree to be too large to accommodate a commemorative plaque, the donor will have to select a new location for the plaque and the larger tree will be removed from the program. Warranty The municipality will replace or repair the items at no charge to the donor for the warranty period specified: • Plaques within two (2) years of the original installation date. • Commemorative trees within five (5) years of the original planting date (excluding the mulch ring). • Commemorative benches within ten (10) years of the original installation date. After the warranty period, the municipality reserves the right to remove and dispose of any damaged plaques, benches, or trees. Repair or replacement requests after the warranty period will be charged to the donor. Washing of benches, beyond the normal practice for maintenance of park furniture, is not included in the warranty. Schedule ‘A’ By-law 2023 - 060 4.7. Return of Plaques to Donors Once a plaque has been removed from service and the donor elects not to renew their purchase, the plaque will be available for pick-up through the Community Services Department at the Davidson Centre. Plaques will not be mailed to donors. Plaques that are not collected within one (1) year of their removal from service will be disposed of. 5. Related Documents/Legislation 5.1. Municipality of Kincardine – Consolidated Rates and Fees By-law