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HomeMy WebLinkAboutTR-3-87 TOWN OF NEWCASTLE ru��•E ` t' REPORT File # Res- . �i dOf� 1._ r By-Law # METING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: January 19, 1987 REPORT #: TR_3- 7 FILE #: SUB.JECT: JUNIOR "C" HOCKEY CLUB SAFETY OF SPECTATORS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That report TR-e3-87 be received for information; and 2. That a copy of the report TR®3-87 be forwarded to the Junior "C" Hockey Club. BACKGROUND AND COMMENT: At the Council Meeting of November 24, 1986, the communication received from the Junior "C" Hockey Club, requesting that Council address the question of spectator safety and Municipal Liability in the Bowmanville Arena was received and referred to staff for review and report. Staff have investigated the concerns raised with respect to the existing wire mesh and report that the necessary repairs have now been completed. In addition, staff investigated the cost of installing glass or plexi-glass on top of the boards as per most arenas. Suppliers were of the opinion that all the current boards would have to be replaced to accommodate the new glass shields. The cost associated with installing new boards and glass is estimated to be in the range of $55,000 to $60,000. In view of Council's recent decision to construct a new arena, staff cannot support such an expenditure at this time. Page - 2 - TR-3-87 JUNIOR "C" HOCKEY CLUB SAFETY OF SPECTATORS With respect to responsibility should an injury occur to a spectator during a hockey game, staff contacted the Town's Insurance Agent, and were advised as follows: - Since the arena is a Town owned facility, the responsibility to maintain same in a good state of repair, lies with the Town. If the Hockey Club has made a point of directing the Town's attention to the need for repair and the potential liability that exists, then the Town would definitely be responsible for any liability. - If the Town makes the appropriate repairs and a spectator was injured, the judge would be the one to make the decision as to who would be responsible. It is most probable though, that the two groups involved (Town and Hockey Club) , would be named in a lawsuit, and they would be sued depending on their ability to pay. This of course implies that in all likelihood, the Town would lose the most. - Much of the outcome depends on the circumstances, but in most cases, the person shooting the puck would not be held liable and there is deemed to be a certain amount of risk implied in attending a hockey game. However, the Town would be questioned as to the quality of glass or wire mesh that was installed and the degree of maintenance that was maintained. In conclusion, staff have made the required improvements to the existing wire mesh and have been advised by the Insurance Company that both the Town and the Hockey Club could be named in any future lawsuit. The outcome of such lawsuit would depend on the circumstances and interruption of the courts. Respectfully submitted, Recommended for presentation to the Committee, ! TR. Blanchard, ,awrence Kotseff, Treasurer. Chief A istrative Officer. Devantie /Director o ommunity Services. JRB/hjm CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO LIC 3A6 TELEPHONE 623-3379 November 27, 1986. FOLLOW—UP: PLEASE ADVISE OF ANY FURTHER ACTION. THANKYOU. JANUARY' 21., 1987 6�1 Mr. Pat Marshall , Bowmanville Eagles Junior "C" Hockey Club, 54 Liberty Street South, BOWMANVILLE, Ontario. JAN 23 1987 LlC 2N5. 191�ffvj CLER Dear Sir: i� DE-PARTNIENT Re: Junior "C" Hockey Club Our File: 16.6.9'✓ At a regular meeting of Council held Monday, November 24, 1986, the following resolution was passed: . I "That the communication (undated) received November 3, 1986, from Pat Marshall , Junior "C" Hockey Club, 54 Liberty St. , Bowmanville, LlN 2N5, requesting that Council address the question of spectator safety and municipal liability in the Bowmanville Arena, be received; And that the communication be referred to the Director of Community Services and the Treasurer, and Chief Administrative Officer, for a joint report to thet' General Purpose and Administration Committee on the matters raised in the letter; And further that Pat Marshall be advised of Council 's decision. " Yours truly, J1 f Rosemary Rutledge, L.C.T. , Deputy Clerk. RR/os. Copy to: Community Services. Treasurer. Chief Administrative Officer.