Municipal Buildings & Spaces Policy EC-05-2023 — full text

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External Use of Municipal Buildings & Spaces Policy (05-2023) Page 1 POLICY 05-2023 EXTERNAL USE OF MUNICIPAL BUILDINGS & SPACES POLICY STATEMENT This policy is to direct employees and elected officials in matters pertaining to the external (non-government) use of municipal buildings and spaces. This policy will also act to establish clear guidelines on the uses of municipal-owned buildings, including but not limited to: Eastern Charlotte Municipal Building, Blacks Harbour Public Works building, Magaguadavic Place Community Center, Patrick Connors Recreational Complex, Back Bay Fire Station, Blacks Harbour Fire Station, Second Falls Fire Station, Pennfield Fire Station, and Canal Beach Canteen. MUNICIPAL BUILDINGS 1) All municipal buildings are to be used primarily for municipal purposes. a) The Eastern Charlotte Municipal Building is located at 1 School Street, St. George. i) Municipal Office staff offices are used for the day-to-day functions of the local government during normal business hours. These rooms have limited access to the public. Washrooms on the first floor are open to the public during business hours. ii) The Municipal Building conference room is available to municipal staff during business hours, and to members and/or committees of Council by appointment during and after business hours. iii) The St. George Public Library is located on the second floor and is open to the public during hours designated by the Library's directors, subject to business hours. iv) The St. George Public Works garage is closed to the public. v) The St. George Fire Station is utilized by Eastern Charlotte Fire Rescue (ECFR) and is closed to the public. (1) The Fire Station consists of two bays, and two rooms accessible through the Station (the Office of the Fire Chief and the Radio Room). (2) ECFR also has access to the second-floor staff common areas of the kitchen and washrooms. External Use of Municipal Buildings & Spaces Policy (05-2023) Page 2 b) The Blacks Harbour Public Works buildings are located at 73 Wallace Cove Road, Blacks Harbour. i) The Blacks Harbour Public Works Garage is closed to the public, with the exception of delivery and those persons meeting with municipal staff on municipal-related business, during business hours. ii) The office of the Blacks Harbour Public Works Foreman is open to those persons meeting with municipal staff on municipal-related business, during business hours. c) The Magaguadavic Place Community Center is located a 11 J.O. Spinney Drive, St. George. i) The Community Center serves as the Council Chambers for Eastern Charlotte for meetings of Council, public hearings, and other local government functions. ii) There are three (3) areas within the Community Center available for public rental use between the hours of 8:00 am and 10:00 pm: (1) Main Hall (2) Conference Room (3) Lower-Level Room iii) Rental use of the Community Center requires the authorization of municipal staff, a completed Rental Agreement Form, and the payment of applicable fees as described in Schedule A. iv) The following areas are for common use: (1) Primary entrance lobby (2) Main floor washrooms (3) Kitchen v) The Kitchen has limited availability for private use, which requires the authorization of municipal staff. vi) Handicap accessibility is limited to the entrance of the primary level. d) The Patrick Connors Recreational Complex (PCRC) is located at 12 Arena Street, Blacks Harbour. i) There are six (6) areas within the PCRC available for public rental use between the hours of 8:00 am and 10:00 pm: (1) Arena Surface (2) Arena Observation Lounge (3) Gymnasium (4) Gymnasium Observation Lounge (5) Upper-Level Room (6) Kitchen ii) Rental use of the PCRC requires the authorization of municipal staff, a completed Rental Agreement Form, and the payment of applicable fees as described in Schedule B. iii) A Canteen is located on the main floor in the Arena Surface area. Operation of the Canteen requires a License of Occupation iv) Handicap accessibility is limited to the entrance of the primary level. External Use of Municipal Buildings & Spaces Policy (05-2023) Page 3 e) The Back Bay Fire Station is located at 857 Route 172, Back Bay. Its primary use is a station for the Eastern Charlotte Fire Rescue (ECFR) and is closed to the public. f) The Blacks Harbour Fire Station is located at 71 Wallace Cove Road, Blacks Harbour. i) The primary use is a station for the Eastern Charlotte Fire Rescue (ECFR) and is closed to the public. ii) A meeting room is located on the second-floor, with limited availability and is not handicap accessible. g) The Second Falls Fire Hall is located at 1282 Route 770, Second Falls. i) The Second Falls Fire Station is divided into two (2) sections: (1) The Second Falls Fire Station is utilized by Eastern Charlotte Fire Rescue (ECFR) and is closed to the public. (2) The Second Falls Community Room is available for public rental use between the hours of 8:00 am and 10:00 pm. ii) Rental use of the Community Room requires the authorization of municipal staff, a completed Rental Agreement Form, and the payment of applicable fees as described in Schedule C. iii) Handicap accessibility is limited. h) The Pennfield Fire Station is located at 364 Route 175, Pennfield. i) The following areas are utilized by Eastern Charlotte Fire Rescue (ECFR) and are closed to the public. (1) Two (2) truck bays (2) First level lounge (3) First level training room (4) First level men's and women's washrooms (5) Hallway access thereto ii) Portions of the ECFR areas may be used by federal, provincial, regional, county, municipal, quasi-municipal, emergency, and municipal-affiliated organizations with prior approval of the Fire Chief and Chief Administrative Officer. iii) When portions of the ECFR areas under paragraph (ii) are Licensed by an organization the common areas will be designated in a License of Occupation. iv) The Community Room on the second level, including a kitchen and washrooms, is available for public rental use between the hours of 8:00 am and 10:00 pm. v) Rentals of the Community Room require the authorization of municipal staff, a completed Rental Agreement Form, and the payment of applicable fees as described in Schedule C. vi) Handicap accessibility is limited. The Community Room is not handicap accessible. 2) Hours of operation within Municipal buildings may be extended by a License of Occupation when licensed to federal, provincial, regional, county, municipal, quasi-municipal, emergency, and municipal-affiliated organizations (i.e. Ambulance New Brunswick, Charlotte County Ground Search and Rescue, etc.). External Use of Municipal Buildings & Spaces Policy (05-2023) Page 4 3) The municipality maintains and makes available buildings located on private land through various land partnership agreements. a) The Canal Beach Canteen is located at 190 Maxwell Road, Utopia. i) The Canteen is a seasonal operation, opening on the first Saturday of June and closing on the third Monday of September. ii) Operation of the Canteen requires a License of Occupation. 4) Municipal buildings, in whole or in part, are not to be used as a private residence. SHORT-TERM RENTALS 5) Any short-term use/rental which is not a municipal-sponsored event must have a completed Booking Form in accordance with the Rental Agreement, provided in Schedule D. a) An individual or group agrees to the terms of the Rental Agreement upon submission of a completed Booking Form. b) The Booking Form must always include the following: i) Name and contact information for group/individual renting. ii) If the organization is a non-profit organization, a Charity Registration Number, otherwise the regular private rate will apply. iii) Purpose of Rental iv) Rental details including date, time entering and leaving, recreation location and room (if applicable) requested, any additional services, and the rental fee. v) Completed and signed liability waiver. c) Prior to providing access to the Licensed Area, the Municipal Office must receive the completed and signed Booking Form, as well as all applicable fees. LICENSE OF OCCUPATION 6) Any long-term use/rental must have a License of Occupation (LOO). a) The LOO must always include the following: i) The Name of the business/group and primary contact person, or the name of the individual licensing the area (the Operator). ii) The term of the License, including the start and end dates. iii) The proposed activity in the Licensed Area. iv) A Schedule of site or premises rules specific to the Licensed Area. v) A License fee schedule and any service(s) provided by the Operator in lieu of License fees. vi) Identification of which Party is responsible for the payment of utility services. b) The LOO must include the following items when applicable: i) A listing of the rooms included Licensed Area and all common use areas within a shared facility. External Use of Municipal Buildings & Spaces Policy (05-2023) Page 5 ii) A description or listing of facility equipment available to the Operator during use (i.e. tables, chairs, coffee pots, etc.) iii) Any unique provisions in accordance with safety regulations (i.e. keeping of small pets in a tank or cage). iv) Any unique prohibitions in accordance with safety regulations (i.e. overnight use). v) Any unique hazards applicable to the Licensed Area (i.e. a building located in a flood prone area). vi) When a Licensed Area is part of an emergency operations facility, a notice explaining in the case of an emergency EMO may activate the building, resulting in the cessation of all other operations in the facility. 7) The following provisions are standard for every long-term use of a municipal owned facility. a) The Operator agrees to: i) Procure, at its own expense, all licenses and permits from municipal or provincial authorities which may be required to operate or conduct its proposed business, including health and safety certifications or permits. ii) Permit the Owner at any time to enter and inspect the Licensed Area. iii) Obey all fire safety regulations including following all posted capacity limitations, obeying all fire alarms to vacate the building, and keeping all fire lanes free of parked cars. iv) Prohibit smoking or vaping of any substances, use of illegal drugs, or consumption of alcoholic beverage. v) Carry a minimum of One Million Dollars ($1,000,000) of General Liability Insurance. The insurance is to name both the Owner and the Operator as insured as their interest may appear and a copy of proof of insurance provided to the Owner. vi) Report any concerns or building deficiencies to the Chief Administrative Officer (CAO) in a timely manner. vii) Indemnify the Owner and the Owner's employees and agents from all claims, costs, and liabilities which may arise as a result of granting of the License. viii) Not assign or transfer this License. b) The Owner agrees to: i) Remedy any building deficiencies in a timely manner, as reported to the Chief Administrative Officer (CAO) by the Operator. 8) Termination of License a) The Owner may terminate the LOO in the event the Operator: i) Fails or refuses to comply with the rules of the Owner; or, ii) Permits any conduct or act which in the opinion of the Owner is improper, or renders it inadvisable that the Operator would be allowed to continue carrying on business under this License; or iii) Fails to comply with the terms and conditions in the License. External Use of Municipal Buildings & Spaces Policy (05-2023) Page 6 b) In such cases, the Owner may take possession of the Licensed Area and at the cost of the Operator remove all the Operator's property therefrom and the Owner shall not be liable in damages or otherwise by reason thereof. c) Notwithstanding such termination or removal, the Operator shall pay in full any license fees due. POLICY DETAILS & AUTHORITY External Use of Municipal Buildings & Spaces Policy (05-2023) Adopted by Resolution of Council on December 28, 2023. External Use of Municipal Buildings & Spaces Policy (05-2023) Page 7 Schedule A MAGAGUADAVIC PLACE COMMUNITY CENTER RENTAL RATES * All rates in Schedule A include applicable taxes. Renters do not have access prior to their booked entry time, as well as complete general cleaning and exit no later than their booked exit time. Half Day Rate (per block) Full Day Rate 8:00 am to 12:00 pm 1:00 pm to 5:00 pm 6:00 pm to 10:00 pm 8:00 am to 10:00 pm Regular Rates Per Hour Rate Half-Day Rate Full-Day Rate Weekend PRIVATE GROUP or BUSINESS MEETING Main Room $120 $220 $450 Conference Room $35 $80 $140 $175 Lower Level Room $45 $85 $125 NON-PROFIT GROUP or meeting Main Room $100 $200 $400 Conference Room $30 $70 $120 $150 Lower Level Room $40 $80 $100 Optional Add-ons * Provide details of use on Agreement form Flat Rate Weekday Rate Weekend Rate Kitchen Fee (unless authorized by CAO) $150 $200 Setup Fee (hall setup by Town; tables, chairs, etc.) $90 Sound Equipment Fee (sound, projector, screen) $50 External Use of Municipal Buildings & Spaces Policy (05-2023) Page 8 Schedule B PATRICK CONNORS RECREATIONAL COMPLEX RENTAL RATES Arena Surface Ice Rates (2023-2024 Season) The following Ice Rates are charged hourly, unless noted otherwise. Rate Type Description / Example(s) Rate With Tax Prime Time - Weekends - Monday-Friday, 5pm - 11 pm $185.00 $212.75 Non-Prime Time - Monday-Friday, 1pm - 5pm $145.00 $166.75 Youth League Example(s): Charlotte County Minor Hockey Assoc, High School teams $145.00 $166.75 Industrial / Adult League Example(s): The Original Six; Ancient Mariners $155.00 $178.25 Private (Bubble) Skate - 30-minute block $43.48 $50.00 Dry Surface Rates Rate Type Description / Example(s) Rate With Tax Team / League - Hourly Example: Lacrosse $ 35 Event TBD TBD Walking Track Availability Days: TBD Hours: TBD Cost TBD Additional Spaces The following time blocks apply to the rentals listed below: Half Day Rate (per block) Full Day Rate 8:00 am to 12:00 pm 1:00 pm to 5:00 pm 6:00 pm to 10:00 pm 8:00 am to 10:00 pm External Use of Municipal Buildings & Spaces Policy (05-2023) Page 9 PATRICK CONNORS RECREATIONAL COMPLEX, RENTAL RATES, Continued Additional Spaces, Continued The Additional Spaces rates include applicable taxes. The following rates are available when the space is not part of a License of Occupation. Rental Area Half-Day Rate Full-Day Rate Arena Observation Lounge $100 $150 Gymnasium $50 $80 Gymnasium Observation Lounge (available late 2024) $50 $80 Upper-Level Room $150 $250 Kitchen $50 $80 External Use of Municipal Buildings & Spaces Policy (05-2023) Page 10 Schedule C COMMUNITY ROOM RENTAL RATES 1) All rates in Schedule C apply to the following municipal buildings and spaces: a) Pennfield Community Room b) Second falls Community Room 2) All rates in Schedule C include applicable taxes. 3) Business rates include: a) All types of business or government rentals, such as meetings, trainings, or parties. b) Rentals by an individual or group where fees are received by the organization, either for admission or participation (i.e. table for a craft sale). 4) Non-Profit rates apply to: a) Rentals by an individual or non-profit group for celebrations, parties, etc. b) Non-profit organizations must provide a Charitable Organization Number on the Booking Form. Timeframe Business Rate Non-Profit Rate Half Day Rate (per block) 8:00 am to 12:00 pm 1:00 pm to 5:00 pm 6:00 pm to 10:00 pm $ 100 $40 Full Day Rate 8:00 am to 10:00 pm $ 140 $ 80 RECREATION RENTAL AGREEMENT (Policy 05-2023, Schedule D) RecreaƟon Rental Agreement page 1 12/23 The informaƟon contained in the Rental Agreement ("the Agreement") applies to all rentals of recreaƟonal faciliƟes within Eastern Charlote ("the Municipality"). All rental agreement pages must be completed and returned to the Municipal Oﬃce no later than the last business day prior to the rental. For quesƟons or concerns regarding the Agreement, please contact the Municipal Oﬃce, Monday through Friday, 8:30 am to 4:30 pm, excluding holidays, via telephone (506-755-4320) or email ([email protected]). Bookings Individuals must be at least 19 years of age to rent the facility. Bookings are made by contacƟng the Municipal Oﬃce and are available on a ﬁrst come ﬁrst serve basis. Inquiries can be made by phone (506-755-4320) or email ([email protected]). All rental costs are to be paid prior to obtaining keys for the event. Keys are to be picked up Monday to Friday between 8:30 a.m. and 4:30 p.m. Failure to do so will result in loss of Centre use and no refunds will be issued. A replacement fee of $20 cash will be charge for keys not returned within fourteen (14) days. In order to cancel a booking and obtain a refund of monies paid, noƟce must be given to the Municipal Oﬃce at least seven (7) days before the rental date. Otherwise, the rental fee will be forfeited. *ExcepƟon: cancellaƟons due to weather* The Municipality reserves the right to cancel an event, up to and including the day of the event, or at any Ɵme during an event, if the event organizer has contravened the Agreement or there is a threat to public safety. Event organizers should not adverƟse the event or make ﬁnancial commitments prior to obtaining approval for the event. Terms of Use All acƟviƟes are to be conﬁned to the area speciﬁed in the Agreement. Access to the rental space is restricted to the entrance and exit Ɵmes designated in the Agreement, unless addiƟonal arrangements are made with the Municipal Oﬃce. All late evening rental acƟviƟes are to be completed, building restored to order and the premises vacated by 10 p.m. RecreaƟon Rental Agreement page 2 12/23 DecoraƟons or signs are to be atached by removable tape only, i.e., white only sƟcky tack, UHU Brand or 3M Command adhesive. Tacks, nails, screws or staples are NOT allowed in walls or on tables or chairs. No foreign substances are to be placed on the ﬂoor, e.g., powdered wax, sand, cornstarch, etc., or any other substance used for dancing. "Smoke" or "fog" machines are NOT permited on the premises. Events must not compromise the safety of parƟcipants or the public. Accordingly, event organizers are responsible for the security and safety at the site and for ensuring there is suﬃcient personnel available to maintain a safe environment. The rental group shall, during the term of the rental, ensure all the ﬁre exits of the said premises are kept open and free from obstrucƟon. The event organizer is responsible for parƟcipant conduct. The following substances and/or items are PROHIBITED on the premises and/or in the Facility: Cannabis products, alcohol, smoking or vaping items. Smoking and/or vaping of any kind is not permited within 10 meters of any Municipality-owned facility. The rental group shall be enƟtled to have free use of all parking faciliƟes connecƟng the said premises in common with others lawfully enƟtled thereto, including patrons of the facility. ResponsibiliƟes The Renter is responsible for their own clean-up of the Facility. - Clean-up must be completed within your designated rental Ɵme. - Upon compleƟon of acƟviƟes, any equipment or supplies used are to be cleaned and returned to their proper places, sinks cleaned, tables cleaned oﬀ, tables and chairs stacked in the proper locaƟons, ﬂoors swept, spills and messes to be wiped up oﬀ all surfaces including ﬂoors. - If available at the Facility, all dishes, cutlery and glassware are to be cleaned and put away. - Garbage bins are to be empƟed, garbage bags are to be Ɵed, and all garbage put in the dumpster at the side of the building. - If the Renter fails to complete any of the post-event cleanup items set out above, or does not perform a proper cleanup, cost to do so will be charged at the rate of $25.00 per hour. The Renter is responsible for seƫng up and taking down of table and chairs and aŌerwards ensuring they are placed on the carts and stored in the proper storage rooms, or you can remit the fee for this service. The Setup/Teardown fee must be paid with the rental fee and designated upon the Agreement. If the heat and/or air-condiƟoning controls are adjusted during use, please note and return to pre-rental levels at the end of use. Before exiƟng the Facility, washrooms should be checked to ensure water is not leŌ running, lights are turned oﬀ, and all persons have exited. When ﬁnished with acƟviƟes and cleanup, turn oﬀ lights in rental area and in washrooms. Close all windows and ensure the rental premises are secure on departure RecreaƟon Rental Agreement page 3 12/23 If personal and/or outside equipment is brought into the facility it is to be removed immediately following the event. For excepƟons, make arrangements with the Municipal Oﬃce. The Municipality is not responsible for the safety of any items leŌ beyond the exit Ɵme designated in the Agreement. Liability The Renter must complete and sign the Liability & Damage Waiver page. The Renter will be billed for any repair or replacement required by damage to the building, site, or equipment owned by the Municipality. Any outside entertainment brought in to the Facility must provide proof of liability insurance, and a copy ﬁled with the Agreement. The Renter will not allow anything to be done or permit anything to be carried on upon the said premises which is illegal and may cause any increased premium for ﬁre insurance on the said premises, or which may make void or voidable any policy or insurance. In such event the rental group shall thereupon pay to the Municipality, on demand as addiƟonal rent, an amount equivalent to the diﬀerence between the current premium and the increased premium. Emergency & AddiƟonal Assistance Event organizers must designate and provide the name and contact informaƟon of an on-site individual who has the authority to intervene with and/or stop the event, if necessary, at any Ɵme during the event. If an audible alarm sounds, all event parƟcipants must evacuate the building immediately. In the case of a Fire, Police, or Medical Emergency, please call 9-1-1. Then contact the Municipal Oﬃce (during business hours) or the Chief AdministraƟve Oﬃcer (CAO). Should any issue arise during the rental period, the renter should contact the Municipal Oﬃce (during business hours), or the CAO. Please do not contact a member of Public Works or a member of Council directly unless otherwise advised by administraƟve staﬀ. Contact numbers are posted on the bulleƟn board. In the case of an operaƟonal issue that is not criƟcal to the Rental (light bulbs need replacing, running toilets, etc.), please noƟfy the Municipal Oﬃce when returning the keys. BOOKING FORM RecreaƟon Rental page 1 Booking Request Form | 12/23 Please read the full RecreaƟon Rental Agreement before compleƟng this request. CONTACT DETAILS Business, Organization or Group Charitable Organization/Non-Profit # (if applicable) First Name Last Name Telephone Email Mailing Address City Postal Code Province RENTAL DETAILS Purpose of Rental Date Requested * If applicable, provide a full schedule on a separate page Time Entering Time Leaving Expected Attendance Patrick Connors Recreational Complex Magaguadavic Place Community Center Activity Area Requested & Fee Arena Surface Arena Observation Lounge Multipurpose Gymnasium Gymnasium Observation Lounge Upper-Level Room (full length) Kitchen (only) Room Requested & Fee Main Hall Conference Room Lower-Level Room Rental Add-Ons Setup / Tear Down + $90 Yes No Kitchen + $150 Yes No Gas Oven Gas Griddle Audio/Visual Equipment + $50 Yes No Speaker(s) Microphone Screen Projector Other Recreation Areas Recreation Area Requested & Fee Second Falls Community Room Pennfield Community Room Blacks Harbour Baseball Field Veteran's Field (St. George) Magaguadavic Basketball Court St. George Tennis/Pickleball Court Total Cost of Rental LIABILITY & DAMAGE WAIVER RecreaƟon Rental page 2 Liability & Damage Waiver RENTAL DETAILS Rental Date Full schedule attached (if applicable) Rental Facility: Patrick Connors Recreational Complex Arena Surface Arena Observation Lounge Multipurpose Gymnasium Gymnasium Observation Lounge Upper-Level Room (full length) Kitchen (only) Magaguadavic Place Community Center Main Hall Conference Room Lower Level Room Other Recreation Areas Second Falls Community Room Pennfield Community Room Blacks Harbour Baseball Field Veteran's Field (St. George) Magaguadavic Basketball Court St. George Tennis/Pickleball Court Other Facility: LIABILITY WAIVER I/We have read the regulaƟons for the use of the above designated rental facility ("the Premises") and agree to be bound by them. In consideraƟon of my/our use of the facility, I/we agree to indemnify and save harmless Eastern Charlotte, its agents, servants, employees and oﬃcials from and against all claims, acƟons, costs, expenses and demands in respect to death, injury, loss or damage of my/our person or property; however caused, arising out of or in connecƟon with my/our uƟlizaƟon of faciliƟes and notwithstanding that the same may have been contributed to or occasioned by the negligence of Eastern Charlotte, its agents, servants, employees or oﬃcials, or any executors, administrators, successors and assigns, as the case may be. Initial DAMAGE WAIVER I/we, agree to pay for any damages made to the Individual or Name Premises or the contents/equipment therein while renƟng for the Payment will be made to: Eastern Charlote 1 School Street St. George, NB E5C 3N2 Name or Purpose of Event Initial Name of Association/Individual responsible Contact Person (if different) Authorized Signature Date