Kincardine wary of liability issues with Tiverton Reunion
By Liz Dadson

 

 

Kincardine Town Council

 

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Concerns about liability issues have Kincardine council questioning whether the Tiverton Reunion organizers should become a committee of council.

At the meeting Feb. 18, a motion was on the table to establish such a committee. However, clerk Donna MacDougall had sent a memo to council with concerns about the proposed shirt-tail parade which has already been advertised in the reunion's brochures.

Councillor Kenneth Craig requested council discuss the issue in committee-of-the-whole before approving the motion.

Deputy mayor Laura Haight also had questions about the finances from fund-raising events already held, as well as souvenirs and grant funding.

"I'm not really sure where the funds go," said councillor Randy Roppel, chairman of the tourism committee (CHAT). "The money raised prior to becoming a committee of council, is theirs to do with as they wish."

"How much has been raised so far?" asked councillor Ron Hewitt. "I have no idea," said Roppel. "Not $10,000 or $20,000."

"We're not concerned about anything but the $30,000 to be paid back," said councillor Guy Anderson. At the previous meeting, council agreed to set up a budget for the Tiverton Reunion, with a $20,000 grant and a $30,000 loan for the event.

In committee-of-the-whole, later in the meeting, the clerk explained that staff is concerned with allowing a shirt-tail parade and how it would impact on the municipality's insurance coverage, given that it does not cover such events. Initially, staff had recommended that the municipality provide a community grant to the Tiverton Reunion committee and have it operate independently of the municipality.

Citing a case in Port Carling, in which three young men died in a car accident after leaving the Lake Joseph Golf Club, MacDougall pointed out that employees, officers and directors of ClubLink, which owns the golf club, were charged under the Liquor Licence Act. "This has brought to the forefront the responsibility for ensuring compliance with this Act," she said. "At issue, specifically, is the liability associated with some of the events (at the Tiverton Reunion)."

Of particular concern is the shirt-tail parade which, even though the reunion committee has said won't be held, is listed in the brochure provided by the group and has been posted on the municipal website. "Even if removed from the list of events now, the information has been publicly distributed," said MacDougall. "It was noted during the council meeting, in open session, that a parade will probably take place, although it would not be advertised. The municipality's insurance coverage could come into question if full details on all events are not provided."

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24/02/2009 08:07 PM


She added that the Kincardine Police Services board is on record asking council not to encourage, approve or endorse a shirt-tail parade at the Kincardine Reunion last year.
Treasurer Brenda French said if the group is a committee of council and demonstrates care and control, it is entitled to insurance coverage through the municipality. "We're not sure if our insured would cover an event (such as a shirt-tail parade)," she said. "We could have separate insurance for this event."

"Once the committee is set up, we have to look at that event and go through the risk management for it," said chief administrative officer John deRosenroll. "We have to identify each event and follow our policy."

"I'm a little bewildered here," said Roppel. "We're trying to judge this event and the people who are running it. It says shirt-tail parade but anybody with authority has said no to that event. I know the people on this committee. They'll go the extra mile to make sure it doesn't happen. This discussion could have poured cold water on the whole event. We need to sit down with the committee and find out what's going on."

"It's a rare incident (Lake Joseph Golf Club) when charges are laid," said Hewitt. "We have rules set up. The committee will be told what they are and will follow them. Our clerk has pointed out the issues. Now, we can move on and get this committee up and running."

"We want the Tiverton Reunion to succeed," said Haight. "We need to clarify a few points and deal with the risk management of this event."

At the end of the meeting, council approved the Tiverton Reunion ad hoc committee which will include councillors Roppel and Marsha Leggett, five members of the public and two staff resource people. The reunion committee will report to the corporate services committee.


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