HomeMy WebLinkAboutCS-28-88TOWN OF NEWCASTLE
REPORT File #
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By -Law
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MEETING: GENERAL PURPOSE & ADMINISTRATION COMMITTEE
DATE: October 17, 1988
REPORT ..
SKATEBOARD ISSUE
RECOMMENDATIONS:
FILE #:
It is respectfully recommended that the General Purpose &
Administration Committee recommend to Council the following:-
1. That Report No. CS -28 -88 be received; and
2. That a copy of Report No. CS -28 -88 be forwarded to
the Northumberland and Newcastle Board of Education
and the Durham Regional Police for comment.
BACKGROUND & COMMENTS:
At a meeting held on June 13, 1988 the Skateboard Committee and
Community Services Staff met to review the skateboarding issue as
requested by Council. Since that meeting it was discovered that the
City of Oshawa offered a program for skateboarding at their Donevan
Recreation Complex. Community Services Staff has prepared
communication outlining that program (Attachment #1).
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GENERAL PURPOSE & ADMINISTRATION COMMITTEE
PAGE 2.
Subsequent to the conclusion of Oshawa's program, staff again met
with a representative of Oshawa's Community Services Department to
evaluate the program and make recommendations, related to the
application of a similar program in the Town of Newcastle
(Attachment #2).
Further to the attached informationpCommunity Services Staff
investigated possible locations to offer a skateboarding program.
Conclusions were such that a suitable location does not exist at any
of our existing facilities. A skateboard park requires a hard
surface, either asphalt or concrete with fencing around the
perimeter. The only sites compatible would be to utilize one of the
existing tennis courts within the Municipality. Staff is not
recommending using our tennis facilities because of the damage which
would inevitably be caused to the surface and the anticipated
opposition arising from the resident tennis players.
In conclusion, staff and committee members note that the geographic
size of our Municipality will restrict participation as the age
group involved for the most part is too young to drive to such a
facility making accessibility without public transit difficult. As
a result it is generally felt that if a facility was provided the
existing problem of skateboarders using streets, parking lots, and
sidewalk would persist.
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GENERAL PURPOSE & ADMINISTRATION COMMITTEE
PAGE 3.
It was mutually agreed that education of children as to safe
skateboarding practices be handled within our public school program.
Staff will continue to monitor the situation and are prepared to
consider providing temporary facilities for demonstrations and /or
safety clinics as a special event in the future if the sport is still
popular.
Respec ully submitted,
Jose P. Caruana, Director
Department of Community Services
JC:RL:sa
ichard Lange, Chairman
N.C.S.A.B. Skateboard
Committee
TOWN OF NEWCASTLE
1' ► II
(ATTACHMENT #1 TO REPORT CS- 28 -88)
CS88344
TO: Joseph P. Caruana, Director of Community Services
FROM: John Milton, Program /Community Relations Supervisor (Temporary)
LATE: July 18, 1988
SUBJECT: ADDITIONAL INFORMATION RE: SKATEBOARDING ISSUE
Following a meeting with Mr. Frank Pietri, Manager of Donevan
Recreation Centre in Oshawa, additional information on a pilot
skateboarding programme has been obtained.
The City of Oshawa Department of Community Services has decided
to operate, in conjunction with Rick Davies Promotions, a nine
week trial Skateboarding Park. The skateboard park is 32 feet
wide and contains a mini half pipe, a freestyle area and a
street area. The park is more commonly recognized as Donevan's
enclosed outdoor ice rink. The park is open Monday to Thursday
1:00 p.m. to 4:00 p.m. and 5:00 p.m. to 8:00 p.m. Also, Friday's
10:00 a.m. to 1:00 p.m. The admittance price is $3.00 per
session and there are two sessions per day; a.m. and p.m.
While speaking with Mr. Pietri, it became evident that Oshawa's
Department of Community Services is attempting to obtain a
grant from the Ministry of Tourism and Recreation for 50% of
the operating cost of Donevan's Skateboard Park. The majority
of the costs involved has been incurred through the services
of Rick Davies Promotions.
The City of Oshawa Department of Community Services has obtained
the services of Rick Davies Promotions in the actual set -up,
design, staffing, and promotion of the Donevan Skateboard Park.
Please find attached a copy of the flyer advertising the
skateboarding programme and the ad distributed to local newspapers.
The cost of these two forms of promotion was completely covered
by Rick Davies Promotions. The set -up and design of the actual
ramps, half -pipe and skateboarding area has cost the City of
Oshawa a rental fee of $5,100.00 for the nine week trial period.
At any time throughout the pilot project, however, either of
the two parties involved can back -out for any reason what -so -ever!
In addition, Rick Davies Promotions is to receive 75% of all
revenue generated by the project, with the remaining 25% going.
to the Donevan Recreation Centre.
f'
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Mr. Pietri expressed great optimism for the new programme and
fully expects the project to be renewed at a later date. The
question of liability did not appear to be a main concern for
either Frank or Mr. Glen Welch, the Deputy Director of Recreation
for the Oshawa Community Services Department. In Frank and
Glen's opinion, "skateboarding should not be treated any
differently than a gymnastics or swimming programme, where
the potential of risk is just as prominent ". It is with this
point of view that Oshawa has approached /or notified their
respective Insurance Company. Skateboarding is therefore,
covered under the Departments 'blanket' coverage with regards
to liability.
A follow -up phone call with Mr. John Gallow a gentleman that
deals with insurance coverage for the City of Oshawa did not
receive the same type of feedback as expressed by the Community
Services Department. Mr. Gallow's opinion was quite candid
and revealed a great deal of apprehension with regard to leaving
the City of Oshawa open for litigation. Mr. Gallow did indicate
that Frank Cowan Company Limited was the insurance company
which provided coverage for the City of Oshawa.
Please find attached a copy of the registration form and
waiver /release of liability contract which all participants
at Donevan's Skateboard Park must complete prior to being admitted
into the facility. (Parental consent is required for anyone
under the age of eighteen). In addition, established park
rules must be read and abided by all skateboarders - failure
to do so will result in expulsion from the programme.
I hope this is the information you require.
Sincerely,
c
JM/dm
attachments
ity of Oshawa / Rick Davis Promotions 04
• 32 ft. wide Mini Half Pipe •
• Street Area • Freestyle •
Open Monday to Thursday
1:00 p.m. to 4:00 p.m.
and
5:00 p.m. to 8:00 p.m.
Friday
10:00 a.m. to 1:00 p.m.
Lessons available upon request
MUSIC, FRIENDS, CONTESTS
Elbow & Kneepads are Mandatory
Helmet Mandatory on Half Pipe
Safety Equipment available for rent
CALL 725 -3536 FOR INFORMATION
Donevan Recreation Centre - Harmony Rd., North of the 401
The City of Oshawa /Rick Davis Promotions
"D EVAN SKATEBOARD PARK"
Location: Donevan Recreation Complex
171 Harmony Road
' Mini Half Pipe -with beginner section
Streetstyie area- Freestyle area
' Monday to Thursday
1 p.m. to 4 p.m., 5 p.m. to 8 p.m.
Friday 10 a.m. to 1 p.m.
Special Introductory Prices: $2.00 per session
Prices go up July .18 to: $3.00 per session
Elbow pads, plus knee pads, helmets must be worn on half pipe
(rentals available)
ON SITE SERVICE BY THE WINDWARD MARK
FOR INFORMATION CALF.: 725 -3536
Dooevan )?sate .-board Park
RUIIE
1. Elbow Pc16.4, I:nee Paris ana I•Ielmet mandatory. Helmet— is
110t) if participant will not be. skating on half pipe.
2. All sinters and or participants must be out of facility
at: enri of 3 hoilr sessio n.
3. 9katebo:,rc1inG allowed only on c?esir;n t—ed. equipTrejlt anc? ill
Qr- ]�ta.in rrens. No skateboarding in front of cox�pler.
4. Music mvy
be
requested,
but
selection will remain final
decision
of
Sicateboa.rd
Park
Mana; er.
5. Skater:, vauit obide by flow in streetstyle area and unc. ersta
tha ctbere is to be one and only one skater on the half pipe at
a time.
6. No one t:i.l.l be permitted into the
ctLc, of n ( iii ne) .
ors 1'Jit }! uils,,O:ls.f:ictory, or faull-v
a)L -•s.• c-o ':o leave '-)ie facility and not return?
ecyui1,�n��i�I., :is ]:•�'1)lttcerl.
3. Doilcvnv F)i;;jteI)oslrCi Park retierves the ri_f�ht to clE,ny ,;rlrlissio7?1
by ;,tly for reasons deemed unsafe to the other
Participants. Skateboarders may also be ejected from the
facilityy fo1• reasons of safety and fairness to tlif, otl,Ier,
THE CITY OF OSHAWA /RICK DAVIS PROMOTIONS
DONEVAN SKATEBOARD P RK
F AMILY t AMC FINSi IJAM£ OF REGISTRANT
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POLICY NO.
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2. PARTICIPANT TO BRING SIGNED WAIVER AND REGISTRATION FORM TO "OONEVAN SKATEBOARD PARK
3. SIGNATURE DATE
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POLICY NO.
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2. PARTICIPANT TO BRING SIGNED WAIVER AND REGISTRATION FORM TO "OONEVAN SKATEBOARD PARK
3. SIGNATURE DATE
(X= THE CITY OF OSHAWA - COMMUNITY SERVICES DEPARTMENT
AND
RICK DAVIS PROMOTIONS - TORONTO
WAIVER AND RELEASE OF LIABILITY
"DONEVAN SKATEBOARD PARK"
culiswerarnon of being allowed to participate in any way in skateboarding activities at
the Donevan Recreation Complex ( "the Complex "), and related events and activities, the
undersigned:
I, Agree that the parent(s) or legal guardians) will instruct the minor participant that
prior to participating lie or she should inspect the facilities and equipment to be used, and
if the participant believes anything is unsafe, he or she should immediately advise the
person supervising the Complex of such condition(s) and refuse to participate.
2. Agree that the participant is to wear approved elbow pads and knee pads at all
times while engaging in any skateboarding activity and a helmet while using the half pipe
ramp,
3, Acknowledge and fully understand that each participant will be engaging in
activities that involve risk of serious injury, including permanent disability and death, and
severe social and economic losses which might result not only from their own actions,
inactions or negligence but the action, inaction or negligence of others, the rules of play,
or the condition of the premises or of any equipment used. Further, that there may be
other risks not known to us or not reasonably foreseeable at this time.
4. Assume all the foregoing risk and accept personal responsibility for the damages
following such injury, permanent disability of death.
5. Release, waive, discharge and covenant not to sue the Donevan Regreation
Complex, The Corporation of the City of Oshawa, Rick Davis Promotions, Co- 'sponsors
their respective administrators, directors, agents and other employees, all of which are
hereinafter referred to as "releasees ", from any and all liability to each of the
undersigned, his or her heirs and next of kin for any and all claims, demands, losses or
damages on account of injury, including death or damage to property, caused or alleged to
be caused in whole or in part by the neyligence of the releasees or otherwise.
I /WE• HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I /WE
GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGN IT VOLUNTARILY.
PARTICIPANT (signature only i'fl 8 years or over) DATE
PARENT OR GUARDIAN (Signature /Relationship) DATE
PARENT OR GUARDIAN (Signature /Relationship) DATE
Printed Name of Parent or Guardian:
Address of Parent or Guardian:
Printed Name of Participant:
Address of Participant:
Age of Participant:
0/.5 0)
TOWN OF NEWCASTLE (ATTACHMENT #2 TO REPORT CS- 28 -88)
RANDUM
CS88420
TOE Joseph P. Caruana, Director of Community Services
FROM; John Milton, Program /Community Relations Supervisor (Temporary)
DATE; September 27, 1988
SUBJECT: ADDITIONAL INFORMATION RE: SKATEBOARDING AT DONEVAN RECREATION
COMPLEX
In review, the City of Oshawa, Department of Community Services
decided in conjunction with Rick Davis Promotions (Appendix
#1), to operate a nine -week trial Skateboard Park at Donevan's
outdoor ice pad this summer. The Skateboard Park contained
a 32 feet wide mini -half -pipe, a street area, and a freestyle
area. The program ran Monday to Thursday 1:00 p.m. to 4:00
p.m. and 5:00 p.m. to 8:00 p.m. Also, Friday's 10:00 a.m.
to 1:00 p.m. Admittance price was $3.00 per session and there
were two sessions per day; a.m. and p.m. (excluding Friday).
A meeting was held with Mr. Mark Egan, Community Programs Co-
ordinator for the City of Oshawa, to discuss the success of
Donevan's Skateboard Park.
This report will attempt to categorize Mr. Egan's comments
regarding the Skateboard Park into either 'strengths' or
'weaknesses' of the overal project.
STRENGTHS OF THE PROGRAM
1. A total number of 2,123 participants utilized the skateboard
park for a gross revenue of $6,369.00
2. The City of Oshawa, Community Services Department did receive
a grant from the Ministry of Tourism and Recreation for
500 of the operating cost.
3. The location of the skateboard park at Donevan Recreation
Complex proved to be ideal. The outdoor ice pad, with
its enclosed viewing area attracted a great deal of spec-
tators and curious passers -by.
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4. The addresses of daily participants illustrated that people
were utilizing the skateboard park from all over Oshawa.
The location did not appear to attract simply local residents.
It did have, to some degree, a 'pulling power' to attract
skateboarders from surrounding municipalities.
5. During the conversation with Mr. Egan he expressed one
of the major strengths of the program was that Oshawa is
offering a program which is specific to the needs of youth.
The skateboarding issue is one issue which has decreased
the availability of locations for youth to skateboard in
a supervised setting.
6. The program in general received a great deal of positive
feedback from parents who observed the skateboard park from
outside the enclosed area.
WEAKNESSES OF THE PROGRAM
1. The City of Oshawa, Community Services Department became
responsible for the 'administrative side' of operating
the skateboard park. This responsibility was not one of
the expected tasks, but rather as a lack of skill on behalf
of Rick Davis Promotions.
2. Repair to Donevan's outdoor ice pad will be required prior
to this upcoming winter. Repair is required due to equipment
(i.e. ramps, blocks, etc.) and skateboard damage on the
asphalt surface in the form of chipping and scraping on
the surface.
3. Even though participants utilized the skateboard park from
surrounding areas, this did not appear to eliminate use
of other city owned facilities and /or property. One may
never eliminate skateboarding from the streets, due to
the instantaneous and creative nature of the sport!
4. In Mark Egan's opinion, the program is not extensive or
comprehensive enough. The program ran nine weeks and would
need to operate for a longer period of time to eliminate
the problem of skateboarding on city streets or property!
5. The skateboarding program at Donevan tended to focus on more
talented individuals. Future clinics would be needed to allow
instruction for beginner type skateboarders. The program
through no intension of their own started to become very
specialized!
6. The program should not operate in the evenings because
it became a 'hang -out' location for youth. The addition
of music (not controlled by Community Services) and garbage
to the surrounding area also proved to be one of the sources
of complaints.
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7. A drawback to this program was illustrated when
skateboard equipment (ramps in particular) were stolen from
the outdoor skateboard park at the beginning of the season.
Greater policing of the area is required for future endeavours,
as well as constructing equipment which cannot easily be
removed (as was the case in Oshawa).
CONCLUSION
The City of Oshawa, Department of Community Services has operated
a nine -week pilot project which has allowed skateboarding in
this respective city. Mr. Egan has stated,
"On one hand, it does not seem wise to outlaw the activity:
skateboarding isn't a crime! On the other hand, it doesn't
seem wise to provide programs and supervisors for skate-
boarders as an official municipal function."
This particular statement from Mr. Egan appears to best reflect
the City of Oshawa's direction with regards to skateboarding
in their City. The City of Oshawa has therefore, incorporated
the services of Rick Davis Promotions to provide a leisure
service to the residents of the City of Oshawa. At the same
time, I personally believe Oshawa has directed a portion of
the potential liability of the activity to a second party (Rick
Davis Promotions).
The Town of Newcastle is presently faced with a situation very
similar to the City of Oshawa. Complaints have been received
with regards to skateboarding on public property and destruction
of that same property has taken place. The true nature of
skateboarding is only recently being addressed by the Town
of Newcastle. A decision or policy has to be made taking into
account all the available information accumulated to date.
Only then may an educated decision be formulated with regards
to skateboarding in our municipality.
Personally, I believe even after all available data has been
compiled and examined, a definite solution cannot be easily
obtained. Examination of the facts leads me to understand
the very sensitive nature of skateboarding in our municipality
and other regions combined. There are arguable points of view
for both sides. To quote a phrase "six of one - half -a dozen
of the other ". However, taking all this into account I believe
that skateboarding is a fad which may or may not die out quickly.
To provide a skateboard park is arguably beyond the scope
of municipal recreation and will create potential legal actions
which may haunt us well into the future. Not only would the
expense of building a skateboard facility (approx. $20,000)
be extravigant based on cost, but the construction of such
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a facility will not guarantee the use of the facility by all
skateboarding youth within our community. Skateboarding by
its very nature is not confined to one location. The activity
is instantaneous and creative in nature.
It is therefore my recommendation that the skateboarding problem
faced by the Town of Newcastle be "tabled" and reviewed on an annual
basis. Revision of the issue on an annual basis will establish
whether or not skateboarding is a "fad" and whether or not it is
still a relevant complaint by Town officials and /or participants of
the activity.
JM /dm
01 5
AGREEMENT BETWEEN°
THE CORPORATION OF THE CITY OF OSHAWA - COMMUNITY SERVICES DEPARTMENT
AND
RICK DAVIS PROMOTIONS - TORONTO
13REAMBLE:
Rick Davis Promotions has entered into an agreement with the City of Oshawa -
Community Services Department to co- sponsor a "Pilot" Outdoor Skateboard Park at
Donevan Recreation Complex. The terms and conditions of this agreement areas follow:
I. The Name of the project will be:
The City of Oshawa /Rick Davis Promotions
" Donevan Skateboard Park"
2. The location will beat the Donevan Recreation Complex Outdoor Pad.
3. The project will commence on Monday July 4th, 1988 and conclude on Friday
September 2nd, 1988, for a period of nine weeks.
NOTE:
(i) Duration of project may be shortened pending need and demand
demonstrated by user.
(ii) The dates and times will be flexible pending weather factors,
supervision and equipment maintenance.
4. The initial hours of operation will be Ps follows:
Monday to Thursday 10:00 a.m. - 1:00 p.m.
2:00 p.m. - 5:00 p.m.
Friday 10:00 a.m. - 1:00 P.M.
5. The admission charges will be $2.00 per person per 3 -hour session forages 9 and over.
NOTE:
(i) Children 8 years of age and under will pay the regular admission
fee but must be directly supervised by a parent or guardian.
(ii) Rick Davis Promotions will be responsible to provide required
tickets and control for all admissions into the "Park ".
o. Rick Davis Promotions will be allowed to obtain the services of one local co- sponsor
to assist in the development and promotion of the "Park ". Co- sponsor's name and
terms of agreement must be. approved by the Community Services Department.
7. Rick Davis Promotions is to make mandatory the use of the following participant
equipment:
(a) Elbow pads and knee pads required by all participants for any use in "Park"
(b) Helmet required for participants using the half pipe ramp.
Any user not in compliance with these rules will not be admitted into the "Park ".
8. All skateboarding equipment owned by Rick Davis Promotions is to be structurally and
aesthetically acceptable and must be inspected by Rick Davis Promotions before the
start of each 3 -hour daily session to maintain the highest user safety standards. Said
equipment will be covered by tarps, secured, chained and locked when not in use. The
City of Oshawa is not responsible for any damage, theft or security of equipment.
...../2
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9. Rick Davis Promotions will be responsible for the issuance and collection of
mandatory "Waiver and Release of Liability Forms" to be signed by participants
18 years of age and over or by a parent or guardian of the skateboarder under 18 years
of age. Said forms are to be filed in the Administrative office at Donevan Recreation
Complex on a daily basis. No skateboarder will be allowed into the "Park" until Rick
Davis Promotions is in receipt of said form. Rick Davis Promotions will be responsible
to establish a system where regular users can be admitted into the "Park" without
having to demonstrate a new waiver form at the commencement of each session.
10. flick Davis Promotions agrees to provide light maintenance in the "Park" on a daily
basis.
I I. Skateboarders carelessly damaging or defacing the building will be charged with
replacement and /or repair costs.
12. Rick Davis Promotions will be responsible to advertise and promote the "Park" and
absorb all costs associated with same.
13. The Community Services Department will approve all advertising and promotions
related to the "Park" prior to some being circulated to the general public.
14. Rick Davis Promotions will provide, train, pay and supervise all support staff of which
at least one employee must be trained in First Aid and be on duty during all
operational hours. Rick.Davis Promotions to supply all necessary First Aid equipment
and supplies.
IS. Rick Davis Promotions to provide adequate trained and gualified supervision and
instruction as noted on job descriptions supplied by (lick Davis Promotions on a daily
basis and co- ordinate Demonstrations, Clinics and Special Events, as the need
dictates.
16. The Community Services Department will provide interior building. supervision,
access to washrooms, first aid room, concession machines, P.A. system and dressing
room # I during all hours of "Park" operation. (Note: No Skateboards will be allowed
for use inside the building.)
17. The Community Services Department will compensate Rick Davis Promotions for the
complete rental of specified equipment for a weekly sum of $277.00 which includes
$111.00 for equipment repair and maintenance and $4,035.00 to be paid in two
installments for transportation, assembling, dismantling and security of equipment.
18. Rick Davis Promotions and the Community Services Department will split all
revenues from admissions and any co- sponsorships 75%/25% respectively. The
Community Services Department's share of revenues will be paid to the Donevan
Recreation Complex at the conclusion of each week's programme.
19. Rick Davis Promotions will provide the Community Services Department with a
complete breakdown of all revenues and expenditures incurred along with a program
evaluation report including usage statistics within 30 days of agreement expiration.
20. Rick Davis Promotions will determine maximum participation numbers as to avoid
overcrowding in the "Park" which could result in unsafe operating conditions.
21. Rick Davis Promotions is responsible to establish, post and strictly enforce rules of
conduct and safety.
22. Rick Davis Promotions will adhere to accepted standards of operation at all times as
set out by the Community Services Department and will abide by any further
conditions of usage set forth, as deemed necessary.
23. The Community Services Department may terminate this agreement immediately if
the best interests of the Corporation are beina violaterL
DATE
' AT
GW /ss
1988 06 24
Signed
RICK DAVIS PROMOTIONS
Signed /,-�����
DIRECTOR OF RECREATION
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