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HomeMy WebLinkAboutCS-11-96Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CS -11 -96 be received; and 2. THAT a copy of Report CS -11 -96 be forwarded to the Clarington Baseball Association, the Bowmanville Newcastle Baseball Association and the Darlington Youth Soccer League; and 3. THAT Council direct the appropriate staff to initiate discussions with the School Boards with the intent of updating the existing agreement. 1.0 BACKGROUND 1.1 At the September 23,1996 General Purpose and Administration Committee Meeting Resolution #GPA- 493 -96 was approved: - "Moved by Councillor Hannah, seconded by Councillor Scott "Whereas the nineties present many challenges and changes for Municipal Governments, but also the opportunity to formulate new agreements with sporting groups and organizations for the use of playing fields; and Whereas the Municipality of Clarington could well benefit from the experience of other municipalities in establishment of new agreements; Therefore, the Community Services Department in conjunction with the Public Works Department shall proceed without undue delay to review policies of other municipalities with a view to researching and establishing new and improved policies and agreements where possible for the use of sport fields for the 1997 calender year and report back to Council prior to concluding such agreement." 1.2 Subsequently, the Community Services Department prepared a questionnaire (Attachment #1 & 2) requesting relevant information from a number of municipalities within the G.T.A. and surrounding area. ../2 O A PER A PR ECC d - 6 PRIMED M RECYCLED PAPER rtEPORT CS -11 -96 - 2 - DEC. 2 1996 1.3 In total, eleven (11) municipalities were requested to complete the questionnaire and they are as follows: - City of Kingston - City of Belleville - City of Scarborough - Town of Ajax - Town of Port Hope - Town of Whitby - City of Peterborough - City of Oshawa - Town of Lindsay - City of Barrie - Town of Pickering 1.4 Responses were received from 8 of the 11 municipalities and information received forms the basis of this report to Council. Although copies of the actual responses have not been included within this report, that information is on file in the Community Services Department and staff would be pleased to make this information available to Members of Council or the community upon request. 2.0 CITY OF KINGSTON 2.1 The City of Kingston does not have formal agreements in place with their local sport authority for use or maintenance of sport fields. However, city staff did indicate that the local sport authorities contribute significant. capital funding for development and improvements to its sport fields. 2.2 Kingston does not charge youth permit fees for the use of ball diamonds or soccer pitches at this time. Fees are currently under review and it is indicated that Kingston does plan to implement youth permit fees in the near future.. 2.3 School Board facilities are utilized by the local sport organizations and permits are issued by the city. The city is responsible to bring those facilities up to acceptable standards for community play and provides ongoing maintenance to those sites. The city does not have formal agreements in place with the local School Board however, the City absorbs all maintenance costs associated with the use of School Board sport field facilities. 3.0 CITY OF SCARBOROUGH 3.1 The City of Scarborough does not have formal maintenance and usage agreements in place with its various sport authorities. 3.2 Scarborough does not implement youth permit fees for the use of outdoor sport fields, and does not anticipate introducing youth permit fees in the near future. 3.3 The city does utilize School Board sport fields and is responsible for issuing any related permits. ./3 1002 REPORT CS -11 -96 - 3, DEC. 2 1996 The School Board however, provides the maintenance to those fields and the city is invoiced to offset some of the related maintenance costs. (Note approximately $30,000.00 in 1995). 4.0 TOWN OF PORT HOPE 4.1 Port Hope does not have agreements with its various sport groups as it relates to the maintenance or use of its sport fields. 4.2 Currently, Port Hope does not charge a youth permit fee for use of its sport fields, however, staff is currently reviewing the fees and does anticipate implementing a youth permit fee for sport fields in the near future. 4.3 Port Hope does utilize School Board sport fields although there does not appear to be a formal agreement in place. Arrangements are made with each individual school principal for use of fields. 5.0 CITY OF PETERBOROUGH 5.1 The City of Peterborough does have agreements in place with certain sport authorities however, they are not blanket agreements, they are site specific. 5.2 Attachment #3 is provided for information, and is an agreement between the City of Peterborough and the Peterborough City Soccer Club. This agreement establishes the Soccer Club as principal occupant, user and scheduler of a specific site. The agreement also stipulates certain capital improvements to that facility where the City agrees to pay 5010 and the Soccer Club agrees to pay 50% of those capital expenditures. Further, the agreement stipulates that the Soccer Club has exclusive rights to concession sales and exclusive use of the site for the purpose of soccer. There is no reference to field maintenance responsibilities in this agreement, however, staff made a follow -up telephone call to obtain additional information and it was determined that maintenance of the field is done by the City and further it should be noted that the maintenance is limited to turf management only. All field markings are performed by the club at their expense. 5.3 Attachment #4 is also provided for information and is an agreement among the City of Peterborough, Sir Sandford Fleming College and the Peterborough Slo Pitch Association (Adults). 5.4 This agreement is quite specific and establishes the Slo Pitch Association as the primary user and as such identifies responsibility for maintenance of the site. ./4 1003 REPORT CS -11 -96 - 4" DEC. 2 1996 5.5 Essentially the municipality provides $5,000.00 to assist with the maintenance costs and further stipulates that should maintenance costs exceed the amount of revenue generated through permit fees that the City would reimburse the Association for any such excess. 5.6 It should also be noted, that all groups and specifically youth organizations are charged the applicable permit fee regardless of who is providing maintenance and in addition to any capital contributions made by the various organizations. 5.7 Of particular note, Peterborough City staff indicated that in all cases where capital development or improvements are required to a sport field, the applicable sport organizations must agree to contribute 50 %n of those costs prior to initiating the project. 5.8 Youth Permit fees are charged by the City and are as follows: - Premier Field /Pitch 7.40 /hr. - Major A Field /Pitch 4.30 /hr. - Intermediate C Field Pitch 3.70 /hr. Adult fees range from 31.67/hr. for their highest standard field /pitch level to 7.06 for the lowest standard field or pitch. 5.9 The City of Peterborough does utilize School Board facilities and are involved with joint use arrangements similar to Clarington however, there is a formula established for cost sharing of those facilities. 6.0 TOWN OF LINDSAY 6.1 The Town of Lindsay identifies that they do have agreements in place with the local sport authorities, however, this makes reference to general rules and regulations stipulated as part of their rental agreement. 6.2 Lindsay does not have agreements related to the maintenance performed on the fields /pitches or for capital improvements. 6.3 Youth Permit fees are applicable in Lindsay and are as follows: - Ball Diamonds 15.00/2 hr. booking - Athletic Fields (Soccer) 10.00 /2 hr. booking 6.4 The municipality does not utilize School Board sport field facilities. 7.0 TOWN OF PICKERING 7.1 The Town of Pickering does not have agreements in place with its various sport authorities. 7.2 Pickering does not impose youth permit fees and has no plans in the near future to recommend youth permit fees. .. /5 M REPORT CS -11 -96 - 5 - DEC. 2 1996 7.3 Pickering does utilize School Board sport fields however, the Town is responsible for all associated maintenance costs of these facilities. 8.0 CITY OF BELLEVILLE 8.1 Belleville does not have agreements in place with their various sport authorities as it relates to use and maintenance of the sport fields. 8.2 Belleville does implement youth permit fees and are as follows; - Ball Diamonds - Youth 12.00 /night - Soccer Pitches - Youth 12.00 /night 8.3 The City does utilize various School Board facilities and sport fields. The reciprocal arrangements is such that the municipality uses School Board sport fields in exchange for ice time in their arenas. 9.0 TOWN OF AJAX 9.1 The Town of Ajax does have agreements in place with their local sport authorities, but deal specifically with permit rules and regulations such as hours of operation, rainouts etc. There are no agreements that pertain to maintenance or use of the fields. 9.2 Currently, Ajax does not impose youth permit fees, however their staff is currently reviewing its fees for 1997 and have expressed that they anticipate introducing youth permit fees in the near future. 9.3 Ajax does utilize various School Board sport fields and is responsible to permit and provide turf maintenance to those facilities. 10.0 COMMENT 10.1 It is quite apparent that many municipalities are in transition as it relates to youth permit fees. For the most part, of the 8 respondents to the questionnaire, three municipalities are currently charging for youth permits and an additional 3 respondents anticipate implementing youth permit fees in their respective municipalities. 10.2 The only municipality that does have specific agreements in place with the local sport authority is Peterborough and as described, significant capital contributions must be made by the respective organization in addition to paying an hourly youth permit fee. 10.3 Staff attempted to provide significant detail in Peterborough's case as this example was requested by Council as a possible model for implementation in Clarington. 10.4 Subsequent to our review as presented, staff is not prepared to recommend any changes to our youth fee structure and further suggest that a process similar to that in Peterborough would financially burden Clarington sport organizations should capital contributions for development and improvements to our fields and pitches become the trend locally. NMI REPORT CS -11 -96 - 6 - DEC. 2 1996 10.5 Staff is however, suggesting that our current School Board agreement be reviewed with the intent of recouping a portion of the maintenance costs incurred by the municipality as a result of maintenance performed on School Board sport fields. Respectfully submitted, Jose,ph;P. Caruana, Director Community Services Department Stephen A. Vokes, Director Public Works Department JPC:SV:dm Attachments Reviewed by, W. H. Stockwell, Chief Administrative Officer 1006 ATTACHENT #1 TO REPORT CS -11 -96 October 3, 1996 Dear Sir: The Clarington Community Services Department is in the process of reviewing various policies and agreements as they pertain to the use of municipal and Board of Education sports fields. As part of that review we would like to familiarize ourselves with established procedures and service levels of other municipalities in the G.T.A. and surrounding areas. I hope you can take the time to refer the enclosed questionnaire to the appropriate staff member for response. A pre- stamped self addressed envelope is also provided for your convenience. I thank you in advance for taking the time to assist us in our review and look forward to your response. If you have any questions or require clarification, please do not hesitate to contact the undersigned. Please refer any correspondence to: Joseph Caruana, Director Community Services, 40 Temperance Street Bowmanville, Ontario L1 C 3A6 905 - 623 -3379. Yours truly, Joseph P. Caruana, Director Community Services Department JPC:dm cc: W. H. Stockwell, Chief Administrative Officer Steve Vokes, Director, Public Works dn:director.let M ATTACHMENT #2 TO REPORT CS -11 -96 SPORT FIELD QUESTIONNAIRE 1) Does your Municipality have formal agreements in place with local sport authorities regarding the use and maintenance of sport fields? YES NO If so, would you please provide a sample copy. 2) Does your Municipality impose youth user fees for the use of ball diamonds and soccer pitches? YES NO If not, do you anticipate implementing a youth user fee for outdoor facilities ie ball diamonds & soccer pitches in the near future? YES NO 3) Does your Municipality utilize school board sport fields for use by local sport authorities? YES NO Briefly describe the basis of any agreement with the school board. 4) Please provide a copy of your current rates and fees for Municipal programs and facilities. M1e: - 2 - COMMENTS: Contact person for information provided: Name: Title Municipality Telephone Thank you for taking the time to assist us with our review. go of 1 C A G R E E M E N T made this 15th day of September, 1994. B E T W E E N THE CORPORATION OF THE CITY OF PETERBOROUGH hereinafter called "the City" OF THE FIRST PART - and - PETERBOROUGH CITY SOCCER CLUB INC. hereinafter called "the Club" OF THE SECOND PART WHEREAS the City and the Club have undertaken mutually beneficial cost and facility sharing arrangements related to the recreational premises owned by the City, known as Eastgate Park located on Ashburnham Drive, and comprising two soccer fields with spectator seating, lighting for evening use and a utility building for use as public dressing rooms, washrooms, canteen and private club office (collectively herein referred to as "Eastgate'l); AND WHEREAS the Club is the principal occupant and user of Eastgate and co- ordinates the scheduling of activities and utilization of Eastgate; AND WHEREAS the City and the Club wish to carry out additional lighting and fencing work at Eastgate, and to share in the expense of such work; AND WHEREAS the parties also wish to confirm their continuing agreement with respect to the use of Eastgate, in accordance with the terms and conditions hereinafter set forth; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 1. The City shall carry out the necessary work to install additional lighting on the north side of the Eastgate II field, in order to light the field to a recreational standard: The City shall also construct supplementary fencing at the east end of both Eastgate fields. 2. The City and the Club shall each pay 50% of the cost of the above - described work. As soon as the work has been completed, the City shall advise the Club of the actual amount of its 50% share. 3. The Club shall pay its 50% share to the City in five (5) equal annual instalments, on or before December 31st in each year from 1995 to 1999, inclusive. The said payments shall not bear interest prior to December 31, 1999. 4. The City acknowledges and agrees that the Club may exclusively continue to operate a refreshment concession at 1010 ATTACHMENT #3 TO REPORT CS -11 -96 2 Eastgate, at its own risk and expense, and all revenues from the sale of refreshments shall be retained by the Club. 5. During the term of this agreement, the Club shall enjoy quiet possession of Eastgate, and shall have full and exclusive use of Eastgate for the purpose of soccer, including regular play, practice, and special events. The Club agrees to reasonably permit the use of Eastgate by any user, subject to availability and scheduling, and in accordance with the activity and use policies of the Club and the City, in effect from time to time. 6. This agreement shall commence on May 1, 1994, and shall continue in full force and effect until October 31, 1999, provided that either party may, in the following circumstances, terminate this agreement: (a) The Club may, provided it has paid all of its obligations under this agreement, terminate this agreement by giving written notice of termination on or before December 31st in any year, in which case the termination shall be effective as of December 31 of that year; and (b) The City may, provided the Club is in default of its obligations under this agreement, which default has existed for a continuous period of six (6) months after written notice of such default has been given to the Club, terminate this agreement forthwith upon written notice of termination. 7. The Club is hereby deemed to be an "occupier" of Eastgate, for the purposes of the Occupiers Liability Act. IN WITNESS WHEREOF the parties hereto have hereunto set their respective hands and seals. SIGNED, SEALED AND DELIVERED ) THE CORPORATIA OF THE in the presence of: ) PETERBOROUGH . )WH:1( 'AORSOCCER'' #9970 766 A. Dt) 10,, Mayor S ven F. Brickell, Clerk PETERS ROUO CI Y SOCCER CLUB Wil m Andr li, P silent ee Ba 1011 ATTACHMENT #4 TO REPORt CS -11 -96 A G R E E M E N T made this Ist day of May, 1996. i BETWEEN: THE CORPORATION OF THE CITY OF PETERBOROUGH hereinafter referred to as "the City" OF THE FIRST PART and PETERBOROUGH SLO -PTTCH ASSOCIATION INC. hereinafter referred to as "the Association" OF THE SECOND PART and THE BOARD OF GOVERNORS OF SIR SANDFORD FLEMING COLLEGE OF APPLIED ARTS AND TECHNOLOGY ..; hereinafter referred to as "the College" >�sf' OF THE THIRD PART WHEREAS the City has constructed a four diamond slo-pitch complex located «; ;�•;;,;;;• on the Sutherland Campus of Sir Sandford Fleming College, in the City of Peterborough, i pursuant to an agreement between the City and the College, which agreement is dated August 28. 1989. The Complex is located on the lands described in Schedule "A" attached hereto and will hereinafter be referred to as "the Complex "; AND WHEREAS the City has agreed to permit the Association to use the Complex during the term of this agreement and upon the terms and conditions hereinafter set s ii'r forth, and the College has agreed to consent to such use; NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: ,1-00 iN THi4 AGRF =� : 1.01 "Complex" means the four diamond fields, all appurtenances thereto, including walkways, benches, fences, back - stops, land, irrigation system, water and electrical systems serving the same, and parking lot within the area of the land described in Schedule "A ". nn NATURE 0 THE AgSnCiATinN�� iNTF.RFfiT 2.01 The City hereby grants to the Association the use of the Complex, during the term of this agreement, subject to the reservations in favour of the College recited in an 1012 2 agreement between the City and the College dated August 28, 1989. The Association is deemed to be an "occupier" of the Complex for the purposes of the Orupsrs' i.iahility act. 2.02 Subject to the use of the Complex to be made by the College, as recited herein, it is agreed that the Association shall enjoy quiet possession of the Complex, and shall have full and exclusive use of the Complex for the purpose of slo-pitch baseball. The Association agrees to reasonably permit the use of the Complex by any user upon and subject to the same terms and conditions as the member leagues of the S10-Pitch Association. 3.01 This agreement shall commence on May 1, 1996, and shall continue in full force and effect until the November 30, 1996. 3.02 This agreement shall automatically be renewed for the period from May 1, 1997, to November 30, 1997, and for the same period in each year thereafter, unless any party to this agreement notifies the others in writing, on or before March 1st in any such year, that it wishes to terminate this agreement. In the event that such notice is given, this agreement shall forthwith be terminated and of no further effect. 4-00 ORi I('ATION4 OF THE A3Sn('iATinN 4.01 The Association shall not pay any fee for the use of the Complex, as herein granted, but shall perform all work necessary to maintain the facilities located on the Complex, in accordance with the requirements specified in Schedule "B" attached hereto. In the event that any excavation, change, or modification to the Complex is required in the course of such maintenance, the Association shall obtain written approval from the City prior to the commencement of such work. In the further event that the cost to the Association, acting reasonably, of the maintenance work contemplated by this agreement exceeds the total user fees charged by the Association to users of the complex, the City agrees to reimburse the Association for any such excess. The Association shall advise the City as soon as it is aware of the likelihood of any such shortfall. 4.02 The City agrees to advance to the Association, prior to April 1st in each year during the currency of this agreement, the sum of Five Thousand Dollars ($5,000.00), to 1013 hV� 3 assist in the maintenance start-up costs for the Complex. This sum shall be deducted from the Association's costs in determining the shortfall, if any, pursuant to paragraph 4.01. 4.03 The parties shall conduct an inspection of the Complex at least three times in each year, on a scheduled pre-season, mid-season and post- season basis. The inspection shall identify maintenance requirements in order to keep the Complex in a safe condition, and capable for its use as a good recreational facility. 4.04 The Association shall maintain an accurate log of maintenance, which log shall be completed on at least a daily basis and shall be available for review by the City at any time. The log shall identify the nature of maintenance provided, when the same was provided, problems, difficulties, and proposed remedial works. 5.01 The Association shall retain competent people to provide maintenance, and the same shall be volunteers, agents, servants, employees, or independent contractors of the Association (hereinafter called "the personnel"). 5.02 The Association assumes all responsibility for insurance, health and safety, and compliance with applicable law in regard to the personnel. The City shall have no obligation to any such personnel whatsoever, except in the event that any inju ry or damage is sustained as a result of the negligence of the City or any of its employees, contractors, or volunteers. 6_(H) F.NWRGRNCY FNTRV 6.01 The City reserves the right to enter on the land of the Complex at any time for inspection or in order to undertake any requisite work, if, in the opinion of the City, such work is required in order to protect the safety of users of the Complex, and the City, from any liability. i 7M iNSURANCF. 7.01 The Association shall obtain and maintain in full force and effect during the term of this agreement, adequate third party liability insurance to cover the maintenance activities of the Association pursuant to this agreement. Such insurance shall include contractual liability coverage for claims that might be brought against either party by any person or estate, and protective coverage for all subcontracted operations, such insurance 1014 5 10 00 C ONSENT OE C OT i.ECdF. 10.01 The College hereby consents to the use of the Complex by the Association, pursuant to the terms of this agreement. Both the City and the Association confirm and agree to be bound by all of the provisions of the agreement between the City and the College dated August 28, 1989, which agreement shall continue in full force and effect. IN WITNESS WHEREOF the parties hereto have hereunto set their respective hands and seals. Mu AOR=UEGE SW THE CORPORATION OF CITY QF PI TMQRO A. Doris, Steven F. Brickel�T, (#rk /�/�ln-y Ct�L PETERS OU �IS//LO -PITCH ASSOC O C. w Name: Office: �- — Name: (G�o Office: 'Sr4 'Ryo-ke- THE BOARD OF GOVERNORS OF SIR SANDFORD FLEMING CO E OF APP ARTS AND OLOGY Name: j3-rL c. n ,b� Office: Name: ko--� r n C PbeaJ Office: &)o- u Cha-Lr We warrant that we have authority to bind the College 1016 SCIIEDiTIE MAN Part of Lot 6, Concession 11, formerly in the Township of North Monaghan, now in the City of Peterborough, County of Peterborough, designated as Part 1 on Reference Plan 45R -7707. f! f! , foff, r;S tf �FS II !r� tr � M r �y,fr 1017 KID N Maintenance Requirements 1. The Association shall maintain the Complex which Includes the following: infield maintenance turf maintenance - irrigation maintenance - garbage and litter collection and removal - parking lot and access road maintenance supply of portable washrooms and maintenance thereof equipment maintenance and provision of small tools security to the complex (a) Maintenance requirements - Infield: consideration shall be given in dry conditions to watering the infield down and in wet conditions to remove excess water prior to dragging operations - to provide a quality playing surface by means of scarifying, dragging and lining - infield material shall be graded to provide a uniform friable horizon 2" to 3" to provide a neat and tidy appearance in depth slightly sloping from a raised centre of the infield to peripheral edges application of fertilizer shall be done annually of infield playing area creating an even transition into grassed areas of outfield having higher percent of phosphorous and potash - quality of fertilizer to be infield hazelmag material shall be imported and worked into existing diamonds 28:4:8 60% S.C.U. or equivalent requiring top-up. Material to be provided. application of herbicide only as required to prohibit weed growth - application of insecticide only as required. (b) Maintenance Requirements - Turf Culture: Approximate Areas To Be Maintained: frequency of cutting throughout growing season - annually, expected between 20 - 24 times maintenance height of 2" minimum regular trimming and edging around structures, walkways and plantings so as to provide a neat and tidy appearance application of fertilizer shall be done annually selection of fertilizer based soil fertility and grass species with fall application having higher percent of phosphorous and potash - quality of fertilizer to be 28:4:8 60% S.C.U. or equivalent application shall be by mechanical means for even coverage and distribution application of herbicide only as required to prohibit weed growth - application of insecticide only as required. Approximate Areas To Be Maintained: - playing surface 10.6 acres thereabouts - non-playing surface and peripheral areas 2.5 acres thereabouts - pre-season and shutdown maintenance to restore or replace worn areas r. (c) Maintenance Requirements - Garbage and ]Utter Removal: to provide regular clean-up and disposal of garbage and refuse from the Sir Sandford Ball Diamonds Park Area site will require daily clean-up of any and all Utter within the ball diamond complex, including perimeter property boundary areas, including sweeping of all hard surface areas (weekly) provide personnel, equipment and materials associated with garbage disposal container storage device may be located on site for central storage purposes. 43 (d) Maintenance Requirements - Parking Lot/Access Road: provide a clean, level, well kept parking surface and access road grade lot as required apply calcium chloride as required to control dust sweep asphalt access road to clear away scattered or accumulated stone and dirt. (e) Maintenance Requirements - Portable Washrooms: to provide portable toilets and cleaning of same supply, install and maintain portable units as required additional units may be required during special events and arrangements shall be made accordingly 2. All contractual and other work performed shall be as follows: (a) Equipment - The City shall supply an infield maintenance machine to be leased to the Slo -Pitch Association at $1.00 annual rental fee. This machine shall be maintained at all times by'the Association in good working order following the manufacturer's recommendations for preventative maintenance. - the City shall supply one drag and one drag mat - the City shall supply one paint liner and one talc liner - all equipment shall remain on site and stored in the building provided. (b) Security - the Association shall ensure the provision of security and surveillance and bring to the City recommendations for structural solutions to address trespass. (c) Storage Building - Storage Building shall be used for the sole purpose of maintenance operations.' No other social or special event activities shall be permitted inside the building - the City has the right to use the storage building for reasonable storage, and to have rights of access thereto. 3. The City shall maintain the irrigation system and be responsible for watering. 1019