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THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1989-100
BEING A BY-LAW TO AUTHORIZE THE CARRYING ON OF A COMMUNITY
PROGRAM OF RECREATION WITHIN THE MEANING OF THE REGULATIONS
UNDER THE MINISTRY OF TOURISM AND RECREATIONN ACT, 1982 AND
TO PROVIDE FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE
OF COMMUNITY CENTRES PURSUANT TO THE COMMUNITY RECREATION
CENTRES ACT AND THE REGULATIONS MADE THEREUNDER.
1. The Council of the Corporation ENACTS as follows:
(a) Pursuant to Regulations made under the Ministry of
Tourism and Recreation Act, 1982, a Community Program of
Recreation is hereby established for the residents of the
Municipality.
(b) Pursuant to the Community Recreation Centres
1980 and the regulations made thereunder, Community
are hereby established for the residents
Municipality.
Act RSO
Centres
of the
(c) The said Community Program of Recreation shall be
directed, managed and controlled on behalf of the Council of
the Corporation by a Board known as the Kincardine and
District Recreation Board.
(d) The said Board shall operate, maintain and manage on
behalf of the said Corporation specified properties which
are now or which may hereafter be established as community
centres (a community hall, playing field, tennis court,
indoor swimming pool, outdoor swimming pool, snow skiing
facility, skating arena, outdoor skating rink, fun fitness
trail, gymnasium, or cultural centre), pursuant to the
Community Recreation Centre Act, or the regulations made
thereunder. (See Schedule 'A' attached for names of
specified Community Centres to be managed by the Kincardine
and District Recreation Board.)
.
2.
The Board shall be appointed annually by the Councils of the
Town of Kincardine and the Township of Kincardine.
(a) Two members of the Council of the Corporation of the
Town of Kincardine;
(b) One member of the Council of the Township of
Kincardine;
(c) Four residents of the Town of Kincardine who are
qualified to be elected as members of Council;
.
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(d) Two residents of the Township of Kincardine who are
qualified to be elected as members of Council;
(e) Appointment of Council members shall be a three-year
term. Non-Council members in regard to Section 2(c) shall
be appointed for a two-year term - two members appointed in
one year and two members in the alternating years. Non-
Council members in regard to Section 2(d) above shall be
appointed for a two-year term.
3.
The appointment of the said Kincardine & District Recreation
Board shall be made at the first regular meeting of Council
in December of each year or as soon thereafter as it is
expedient. The members shall hold office until successors
shall have been appointed, provided that all members shall
hold office during the pleasure of the Council of the
Corporation. Subject to the approval of Council the said
Board shall formulate policies, rules and regulations for
and relating to the administration of the Community Centre
and Recreation programs. At the first annual meeting the
said Board shall elect a Chairman from among its members and
such other officers as may be required. The Board shall
submit to the Council a monthly report of its activities and
other such reports as may be required from time to time.
The said Board may apppoint as it deems necessary such
committees to act in an advisory capacity to the Board. In
carrying out the provisions of this By-law the said Board
shall at all times be the agent of the Town of Kincardine
and while acting bonafide within the limits of the authority
of this By-law neither the Board nor any members thereof
shall incur any liability by reason of anything done or left
undone by the Board, provided however that nothing in this
paragraph contained shall authorize or empower the Board to
incur any debt, liability or obligation for which the Town
of Kincardine shall become liable without having previously
obtained the consent of the Council of the Corporation of
the Town of Kincardine. The said Board shall, at the
request of Council, submit a budget to Council for their
approval and make a complete report of the operation during
the preceding year. The Budget shall be detailed as
required by the Treasurer of the Municipality.
4.
The Bank Account of the said Board shall be consolidated
with the general bank account of the Town of Kincardine.
(a) The signing officer for the Bank Acco~nt shall be
either the Clerk-Administrator or Treasurer & Deputy Clerk,
and the Mayor or Reeve.
(b) The books and the accounts of the said Board shall be
kept by the Treasurer of the Municipality.
(c) The Secretary for the Board shall be appointed by the
Clerk-Administrator.
5. The said Board may incur expenditures to the extent provided
in the annual approved budget or as approved by Council.
.
6.
The said Board may prescribe fees for admittance and rentals
to any part of the Davidson Centre and to Recreational
programs.
7. The said Board may solicit or receive any gifts or bequests
of money or services or any donation which may be applied to
income for either the temporary or permanent use for
facilities, equipment, program or other recreational
purposes.
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8.
The hiring of the Director of Recreation and Facilities
Manager shall be the responsibility of the Council of the
Town of Kincardine. The hiring of all other full-time staff
at the Davidson Centre shall be the responsibility of the
Board and their recommendation for hiring shall be forwarded
to Kincardine Town Council for approval.
.
9. The said Board may hire additional part-time workers on a
paid or voluntary basis and shall be responsible for
assigning the duties and responsibilities of such persons.
10. (a) The Board shall conduct, encourage and assist the
programs or recreation which will meet the needs and
interests of the inhabitants of the municipalities. Such
programs shall include the social, cultural and physical
aspects of recreation as applied to all ages, both male and
female. The Board shall, at all times, promote the
facilities and amenities which are available for recreation.
(b) The Board shall assist in the co-ordination of
community recreation activities.
(c) The Board shall assist, encourage and provide advisory
services on request to all groups, organizations or persons
carrying on recreation activites in the Municipality of
Kincardine.
(d) The Board shall at all times keep the inhabitants of
the Municipality of Kincardine aware of the recreation
opportunities which are available and will continually
interpret to the public the total community program of
recreation.
11. The more detailed policies of the Board are outlined in
Appendix "A" which forms part of this by-law.
12. That By-law No. 1988-51 be and the same is hereby repealed.
13. This By-law goes into effect forthwith on the passing
thereof and other by-laws conflicting with this by-law are
hereby repealed and rescinded.
READ a FIRST and SECOND time this 7th day of September, 1989.
~g~
READ a THIRD TIME and FINALLY PASSED this 5th day of October,
1989.
.
~tJQ~
Mayor
.
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BY-LAW 1989-100
SCHEDULE -A-
Community Centres to be managed by the Kincardine and District
Recreation Board include:
Davidson Centre for Kincardine & District
APPENDIX 'A'
MEETINGS AND PROCEDURES
1.
~'he Kincardine and District Recreation Board shall meet on
the 2nd and 4th Mondays of each month at 7: 30 p.m. at the
Davidson Centre. Such meetings shall be open to the press
and general public. Meetings may be closed following
completion of regular business as required for matters of
litigation, negotiations or personnel. The Facilities
Manager, Director of Recreation and Board Secretary shall
attend these meetings. The Aquatic Director/pool Supervisor
shall attend only the second meeting of the month unless
otherwise required.
.
2. Delegations to the Board must be received in writing at
least one week prior to the meeting in order that it may be
included on the agenda for that meeting. Emergency
delegations may be accepted by the Board Chairman and the
Chairman shall notify, or cause to be notified, all Board
members at least 24 hours in advance of the meeting.
3. The meetings shall be terminated at 10: 30 p.m. unless
extended by a resolution.
4. The Facilities Manager is to ensure that the proper meeting
room be reserved well in advance of all regular meetings and
special meetings.
5. No Board meeting shall be called on less than 24 hours
notice, unless it is an emergency, and must be called by the
Chairman and/or named delegate.
6. All Board members are to make every attempt to attend all
regular meetings and all special meetings called for the
Board. If a member misses three consecutive regular open
meetings, without due reason, that member will be requested
to submit his/her resignation.
7. Motions cannot be moved or seconded in absentia.
8. If, after any resolution or report, a follow-up action is
required, the responsible person(s) and projected completion
date(s) are to be included on the agenda of the appropriate
meeting.
9. All Board members shall have the right to attend any Board
meeting, and may only participate in the meeting discussion
if invited by the Chairman. Board meeting dates and times
will be announced at each Board meeting.
10. The minutes of all regular meetings and Department Head
reports will be typed and mailed to each Board member, the
Director of Recreation, Facilities Manager, and Pool
Supervisor. Three copies of the minutes, once passed by the
Board, will be made available to the Township Council, and a
copy available to each member of Town Council.
.
11. The statement of the monthly accounts is to be given out to
each Board member at the beginning of each meeting. The
monthly financial statement is to be mailed to each Board
member, Finance Chairman of the Town and the Town Clerk-
Administrator and Township Clerk.
12. The accounts received to date will be approved for payment
at each Board meeting.
13. The Board shall appoint at the first regular meeting each
year all committees and provide direction to each committee
it appoints as to functions, duties and responsibilities.
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14. A 10 minute break will occur two hours after the
commencement of each meeting.
.
B.
PERSONNEL, PROGRAMME, FACILITIES
1. The Director of Recreation shall act as Activities
Coordinator at Connaught Park and any other recreational
park as per program requirements, except for Elgin Market
Park.
2. Job vacancies under the jurisdiction of the Board are to be
publicly advertised. Applicants are to be interviewed by
the appropriate managerial persons and the personnel
committee. Successful candidates' names shall be submitted
by either the Director of Recreation or Facilities Manager
to the Board for approval by motion.
3. All personnel working in the pool area-tote room are under
the supervision of the Aquatic Director/Pool Supervisor.
4. Any part-time employee under the jurisdiction of the Board
shall be immediately dismissed for documented proof of
repeated poor performance, bad language, and/or
disrespectful conduct towards the general public.
Recommendations for dismissal of any full-time staff shall
be forwarded from the Board to Town Council.
5. The Director of Recreation, Facilities Manager, and Aquatics
Director shall each conduct an annual evaluation of all
employees responsible to them. Results of evaluations shall
be submitted to the Town Finance Committee. Two copies of
the evaluation are to be prepared: one for the employee and
one for the employee's file to be kept in a locked cabinet
in the main office of the Davidson Centre. All evaluations
are to be completed before October 31st each year.
6. The Personnel Committee shall conduct an annual evaluation
of the Facilities Manager and the Director of Recreation.
The evaluation shall be completed and submitted in
accordance with the Town's Personnel By-law. One additional
copy shall be made and placed in the locked filing cabinet
in the main office of the Davidson Centre. The copy to be
submitted to the Finance Committee via the clerk-
administrator shall only be submitted after it has received
the approval of the Board in an in-camera meeting.
7. The Director of Recreation is permitted to attend all
general meetings of the Lake Huron Zone Recreation
Association. The Facilities Manager is permitted to attend
all regular meetings of the Ontario Arena Association. All
other meetings and conference requests to be made in writing
to the Board, 14 days prior to the date of the event.
8. A schedule of holidays for all employees shall be submitted
by the Director of Recreation and Facilities Manager by
March 1st each year.
.
9.
(a) The Board does not approve of Recreation Program groups
building up Reserve Funds.
(b) Reserve Funds may be established for a capital
expenditure if budgeted reserve funds are approved by
Council.
10. All staff are to refer refund requests to the Director of
Recreation or Facilities Manager. If a refund is warranted
it w ill be made on a pro-rated basis at the discretion of
the Director of Recreation or Facilities Manager.
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11. Only those retail or wholesale concessions permitted by the
Board will be allowed to operate on all premises under the
Board's control.
.
12. The concession booths will be offered for tender or extended
on an annual basis at the discretion of the Board. The
Board may direct the operators of the concession booth to be
open for such special events and occasions as tournaments,
swim meets, etc. and also may direct hours of operation.
13. The prices charged to the general public by Board-operated
concessions should be at the average prices charged in other
local establishments.
14. Senior citizens shall give notice in writing one week in
advance if they wish to use Kincardine Hall for something
other than their regular monthly meeting.
15. All Hockey Tournaments that continue for more than one
calendar day are to be set up to provide appropriate
allowances for public skating, after consultation with the
Facilities Manager and the Board.
16. The pool will be closed annually for up to a two-week period
to allow for maintenance and painting under the direction of
the Facilities Manager and the Board.
17. Meetings for the Executive of Kincardine's minor sports
groups and for the L.H.Z.R.A. may be held at the Davidson
Centre free of charge, at the discretion of the Facilities
Manager.
18. Use of the pool is always chargeable except where special
provision has been made by the Board.
19. Emergency requests for the free use of the Hall or Arena for
a benefit function will be at the discretion of the
Facilities Manager.
20. All requests for free use of the Davidson Centre will go
before the Board prior to the event. Labour costs incurred
by the Davidson Centre not done by the "user group" will be
charged to that user.
21. The Board may give financial assistance to new programs
and/or organizations, and it is reviewed annually.
22. Arena ice time allocated to each user group is theirs for
their full season excluding Christmas break and March break.
Ice time allocated to the organization and not used reverts
back to the Davidson Centre but is charged back to the
organization if the Davidson Centre is unable to fill the
ice time. Cancellations due to weather will be at the
discretion of the Facilities Manager.
23. There shall be no employees I discounts for rental of the
Davidson Centre facilities.
.
24. Use of the arena for special activities that require the
cancellation of ice time for that period will be submitted
to the Board for consideration.
25. The Davidson Centre facilities shall be open all year
excepting the following specified days and hours:
1) New Years Day - open 1:00 to 5:00 p.m.
2) Boxing Day - closed all day
3) Christmas Eve, December 24th - closed at 4:00 p.m.
4) Christmas Day, December 25th - closed all day
5) December 31st - closed at 4:00 p.m. Hall open only.
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.
26. The pay period for part-time community centre/recreation
employees shall be established as Wednesday midnight to
Wednesday midnight the following week. Employees shall be
paid on a weekly basis each Thursday.
27. In an effort to promote safety, the Board considers First
Aid training mandatory, and C.P.R. training optional for all
employees, unless otherwise specified by provincial
regulations. In order that the value of such training be
maintained, refresher courses will be taken annually.
28. In the absence of the Aquatics Director a head life guard
will be appointed as required to supervise the pool area, as
authorized by the Facilities Manager.
29. The Board recognizes the need for updating qualifications in
order to obtain a high standard of professional employees
and encourages management and employees to entertain higher
levels of development towards their profession, providing
sufficient funds are available within the budget for each
department.
30. At the Board's discretion, should a sanctioned Kincardine
Hockey Team require ice time beyond the normal schedule,
they will be granted extra time as required providing the
extra time requested is economically feasible.
31.
Purchase
Facilities
delegate.
orders must be signed and approved by the
Manager and/or Director of Recreation or their
32. The facility will function and provide services for all
schools when Professional Development Days occur.
33. Security requirements for all functions at the Davidson
Centre will be at the Facilities Manager's discretion.
C. GENERAL
1. Advertising pertaining to the Davidson Centre is to be
placed in both local newspapers.
2.
Program
revenues.
shall be
purposes.
expenditures shall be neted against program
Use of the Davidson Centre facilities by programs
considered a program expenditure for accounting
3. The Clerk-Typist, Davidson Centre, will be allowed a $100.00
petty cash fund.
4.
Flowers or donations for deceased persons from the Board
shall be made for deceased members of staff or their
immediate family, i.e. father, mother, spouse, son,
daughter. Recognition for private citizens will be made
only if the individual or spouse has in the past given
generously of their time/monies to promote the Davidson
Centre or Davidson Centre Recreation, above and beyond
ordinary day-to-day activities. The foregoing shall be at
the discretion of the Facilities Manager or Director of
Recreation.
.
5. The Board will review all policies annually.
6. Personnel matters are to be handled in closed session.
7. A log of all long-distance telephone calls will be kept by
each member of the Davidson Centre staff.
8. All full-time staff must submit a statement of mileage and
.
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expenses monthly to the Board.
9.
Board members will refrain from
any of the Davidson Centre staff.
follow the chain of command.
reprimanding or harassing
Disciplinary action must
10. All sporting teams that win Championship banners may be
permitted to display them in the Davidson Centre. The
Facilities Manager shall make the final decision as to
placement, and all such banners will become the property of
the Centre.
11. No members of the Board nor member of the staff shall
consult the Town solicitor concerning any matter of Town or
Board business without the prior authorization of the Mayor
or Clerk-Administrator.
12. Any member wishing to attend conferences, meetings, etc. at
the Board's expense must submit his name to the Board for
prior approval. Approved expenses shall be reimbursed at
the current Town rate.
13. Quotation and tendering procedures for purchase of goods and
services shall be as per Town of Kincardine current policy.
14. Any employee or members of the Recreation Board who have
given of their time and served diligently, may be recognized
by the Board.
15. That the following areas be designated as non-smoking areas:
1) Health Club
2) Pool and pool change rooms
16. No pets will be allowed in the Davidson Centre.