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HomeMy WebLinkAboutKIN 89 100 KDRB Policies bylaw THE CORPORATION OF THE TOWN OF KINCARDINE . 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; . - 2 - (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. - 3 - 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 . . 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. - 2 - 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. - 3 - 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. - 4 - . 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 . . - 5 - 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.