Bylaws and Policies

Strategic Asset Management Policy

By-Law: 2019-41
Effective Date: June 30, 2019

Township’s Vision

The Township’s vision is to proactively manage its assets to best serve the Township’s objectives by:

1. Effectively delivering services;
2. Supporting sustainability and economic development; and
3. Maintaining prudent financial planning and decision making.

Township’s Goal

The objectives of this policy are to:

• Provide a framework for implementing asset management to enable a consistent and strategic approach at all levels of the organization; and
• Provide guidance to staff responsible for the asset management program.

Strategic Alignment

The Council and Township Administration will review this policy and incoprate into the Asset Management planning an approach that fosters the integration of municipal documents such as:

1. The Stategic Plan
2. The Financial Plan
3. The Community Plan
4. Master Plans for the Township

Guiding Principles

Customer Focused: The Township will have clearly defined levels of serice and apply asset mangement practices to maintain the confidence of customers in how the Township’s assets are managed.

Service Focused: The Township will consider all the assets in a service context and take into account a coordinated approach to optimizing Township assets.

Risk-Based:  The Township will manage the risks associated with attaining the desired level of service by focusing resources, expenditures, and priorities based upon risk assessments and the corresponding cost/benefit, recognizing that public safety is paramount.

Value-Based Affordable: The Township will choose practices, interventions and operations that aim at reducing the lifecycle cost of asset ownership, while satisfying agreed level of service.  Decisions are based on balancing service levels, risks, and costs.

Capitalization Threshold

The Asset Management Policy applies to all assets whose role in service delivery requires deliberate management by the Township.  The service-focus intent of this policy differentiates its requirements for identifying assets from the capitalization thresholds which are developed for the purpose of financial reporting.  For this reason, the capitalization threshold developed for financial reporting will not be the guide in selecting the assets covered by asset management planning processes.

Roles and Responsibilities

The Township’s Asset Management Program requires a wide range of participation to ensure that it is executed and used effectively for the management of Township assets.  The following parties have duties and responsibilities in the asset management program:

Township Council

• Approve the Asset Management Policy and direction of the Asset Management Program.

• Maintain adequate organization resources to support the core practices of the Asset Management Program.

• Prioritize effective stewartship of assets in relation to establishing Township policies and plans and future budgets.

• Establish and monitor levels of service.

Senior Management Team

• Develop policy and update as required.

• Provide corporate oversight to goals and provide direction in support of the Asset Management Program.

• Provide departmental staff coordiantion

• Develop and monitor levels of service and make recommendations to Council.

• Track, analyze and report on the Asset Management Program’s progress and results.

Chief Administrative Officer

• Provide organization-wide leadership in Asset Management practices and concepts.

• Work in conjunction with the Treasurer for Asset Management implementation and progress

• Ensure senior mangement team staff cordination and participation.

Treasurer

• Manage policy and policy updates.

• Provide organization-wide leadership in Asset Management practices and concepts.

• Provide department staff coordination.

• Monitor levels of service.

• Coordinate and track Asset Management program implementation and progress.

Director of Public Works

• Provide leadership in Asset Management practices and concepts in Core Asset Management group of municipal infrastructure assets.

• Develop the Asset Management Program component for assessing existing infrastructure and planning requriements for the lifecycle evaluation of these assets.

• Coordinate and track Asset Management program for Core assets.

Departmental Staff

• Utilize the new business processes and technology tools developed as part of the Asset Management Program.

• Participate in implementation task teams to carry-out Asset Management activities.

• Implement and maintain the desired level of service.

• Provide support and direction for Asset Management practices within their departments.

• Track and analyze Asset Management Program progress and results.

• Budgeting

The Township will integrate findings from the Asset Management Program into its long-term financial planning and budgeting processes.  Sound financial analysis will be encompassed in Asset Management planning in order for the asset management plan to guide employees in budgeting and financial planning.  The financial strategy included in each Asset Management Plan will be completed by a senior administration team composed of representatives from finance and the concerned department.The Asset Management Plan will be referenced by the department personnel in the preparation of their budget submissions to help them:

• Identify all potential revenues and costs associated with forthcoming infrastructure asset decisions;

• Evaluate the validity and need of each significant new capital asset, including considering the impact on future operating costs; and

• Incorporate new revenuw tools and alternative funding strategies where possible.

The department level budget submissions, prepared by each Township Director, will be evaluated by the budget committee in the preparation of the munipality’s annual budget.The financial analysis used for the water and wastewater Asset Management plans will align with existing financial plans related to these assets.  The analysis completed in each tangential document will reference the most up-to-date information from the same datasets, will be based on common methods, and will improve upon one another.

Community Planning

Asset Management Planning will be aligned with the Township’s Official Plan.  The Asset Management Plans will reflect how the community is projected to change and the related assets impacted.

Climate Change

Climate change will be considered as part of the Township’s risk management approach embedded in local asset management planning methods.  This approach will balance the potential cost of vulnerabilities to climate change impacts and other risks with the cost of reducing these vulnerabilities.  The balance will be struck in the levels of service delivered through operations, maintenance schedules, disaster response plans, contingnecy funds, and capital investments.  The Township’s contribution to climate change through greenhouse gas emissions will be mitigated in accordance with its local reduction targets, financial capacity and stakeholder support.

Stakeholder Engagement

The ultimate goal of the Township is to efficiently provide its various stakeholders with the municipal services they need within the bounds of regulatory requirments, the build environment, and the natural environment.  In order to achieve this goal, it is necessary that the Township understand the needs of current stakeholders, consider the needs of future generations, and incorporate these prespectives into our Asset Management Plan.  The Township recognizes them as an integeral part of the Asset Management approach.  Accordingly, the Township will:

• Provide opportunities for residents and other stakeholders served by the Township to provide input in Asset Management Planning; and

• Coordinate Asset Management Planning with other infrastructure asset owning agencies, such as municipal bodies and regulator utilities.

 Municipal Alcohol Policy (REC-001)

By-Law:2022-160
Effective Date: April 14, 2022

Purpose

Policy Statement

Scope

Policy

1. General Provisions

1.1. Application of Policy

• to provide clear guidelines for alcohol use in municipally owned and operated
• facilities and areas;                           
• to reduce the risk of alcohol related problems and lawsuits;
• to inform rental/user groups about how to run safe, problem free events;
• to ensure that all workers are adequately trained;
• to enhance our community’s reputation as a great place to live and visit;
• to protect youth by way of the responsible attitude of adults; and
• to ensure that municipal, provincial, and federal laws related to alcohol service are adhered to (i.e., legal drinking age, driving under the influence, public intoxication, over service of alcohol, etc.

2. Policy Regulations

2.1. Regulation 1 - Municipal Facilities with a Permanent Liquor Licence

2.1.1. The Vankleek Hill Community Centre Hall, Lobby, Rink Surface and Seating area are licensed with a permanent liquor license.  This license also has a Catering Endorsement, which allows the municipality to sell and serve alcohol at a catered event in a non-licensed premise where a Special Occasion Permit would otherwise be required.

Rationale: The hall area of the Community Centre is equipped with a modern kitchen and separate bar area and is suitable for events with up to 279 people.  It is handicapped accessible with a handicap lift.  The lobby area is more suitable for small groups and is licensed for up to 138 people. The Rink Surface (when there is no ice) and Seating are suitable for larger events.  The areas combined are licensed up to 300 people (calculated based on exit doors and lavatories).

2.2. Regulation 2 - Municipal Facilities Eligible for Caterer’s Endorsement Events

2.2.1. The Chalet Abri in L’Orignal is designated as a facility suitable for Caterer’s Endorsement events.

Rationale: The room offers sufficient space for a moderate gathering.  The building is only one floor and is therefore accessible.  Alcohol can be served from the kitchen area.

2.2.2. Mill Street Park in Vankleek Hill and L’Orignal Park are designated as suitable for Caterer’s Endorsement events.Rationale: These parks have suitable areas to accommodate a licensed event.

2.2.3. The Town Hall Council Chambers can be suitable for Caterer’s Endorsement events however solely for private ‘Wine and Cheese’ type events.

Rationale: This workplace is obviously not suitable for drinking alcohol because the public must access the premises to avail themselves of the services of the Township however after businesses hours, private wine and cheese events are suitable.

2.3. Regulation 3 - Municipal Facilities Not Eligible for the Consumption of Alcohol

2.3.1. The Vankleek Hill Arena dressing room areas are designated as unsuitable for the consumption of alcohol.

Rationale: There is a history of alcohol consumption in dressing rooms by sports teams using the arena.  This is intended to serve notice that the consumption of alcohol is not permitted in the dressing rooms.

2.3.2. The tennis courts in Vankleek Hill and L’Orignal are designated as unsuitable for the consumption of alcohol.

Rationale: These areas are reserved for play.

2.3.3. Woodhills Park, Vankleek Hill Town Square, Miner Park, Desjardins Park, Sacha’s Park, and Laurier-Pilon Park are all designated as unsuitable for the consumption of alcohol.

Rationale: These areas do not have access to washrooms, sufficient parking and most are geared solely towards Children and Youth therefore they are not suitable for alcohol consumption.  Furthermore, these areas do not have regular staff onsite to ensure sufficient supervision.

2.3.4. Mill Street Park (playground area, baseball diamond when a game is in play), L’Orignal Park (baseball diamond area when a game is in play, playground and beach area) are all designated as unsuitable for the consumption of alcohol through a Special Occasion Permit.

Rationale: These areas are reserved for play and mostly geared towards Children and Youth and therefore unsuitable for alcohol consumption when an Event Organizer is responsible for the event.

2.3.5. The fire halls and municipal garages are designated as unsuitable for the consumption of alcohol.

Rationale: These are emergency service workplaces where vehicles, tools and machinery are located and drinking alcohol on these premises could result in injury.

2.3.6. The Township Hall is designated as unsuitable for the consumption of alcohol.

Rationale: These workplaces are obviously not suitable for drinking alcohol because the public must access the premises to avail themselves of the services of the Township.  However private wine and cheese type events are accepted under a Caterer’s Endorsement solely in the Council Chambers area.

2.3.7. The Vankleek Hill Arena Floor Surface (when ice is present) is designated as unsuitable for the consumption of alcohol.

Rationale: An ice surface is intended for sports activities, and it is obviously not appropriate to mix alcohol consumption and sports. As well as all other municipally owned facilities, buildings and properties not specifically designated as eligible for alcohol service and consumption.

2.4. Regulation 4 - Events Not Eligible for the Consumption of Alcohol

2.4.1. Street parties are designated as not normally suitable for the consumption of alcohol.

Rationale: Street parties would be difficult to supervise.  However, an exception could be made in the case of a sanctioned municipally significant event in a clearly designated and restricted area.

2.5. Regulation 5 - Youth Admittance to Adult Events

2.5.1. To be eligible to rent a municipal facility for a licensed event in the case of a family occasion, the Event Organizer must agree that persons under the legal drinking age shall be supervised by responsible adults to ensure they do not consume alcoholic beverages.

Rationale: There is a high risk of underage consumption when youth are admitted to adult events where alcohol is served, therefore, supervision is required.  It is preferable to run social events for young people where they can enjoy safe and alcohol-free activities.  Young participants should not be excluded from a wedding or anniversary banquet; however, it is understood that underage participants will not be provided with alcohol.

2.6. Regulation 6 - Signs

The following signs shall be prominently displayed in both French and English in permanent license and in S.O.P. designated facilities:

2.6.1. Statement of Intoxication - The following statements will appear on a wall sign located in the bar area: 

“IT’S THE LAW”Servers are prohibited from serving underage participants and intoxicated persons, or to serve anyone who appears to be at the point of intoxication.Adequate proof of age may be required.Ask your server about safe transportation options!

Rationale: In Ontario, it is illegal for anyone to serve a person to the point of intoxication.  Signs provide authoritative support to servers and supervisors should they have to refuse service to consumers approaching the point of intoxication.  This message is consistent with Regulation 8 which requires a sufficient quantity of non-alcoholic beverages.  Also, it indicates that the Event Organizer is aware of the Liquor License and Conditions Act of Ontario and the Municipal Alcohol Policy and is consistent with the AGCO S.O.P. application which states that "the holder of the S.O.P. and the facility owner are jointly responsible for the “safety and sobriety of the people attending the event.”

2.6.2. Accountability - a sign with the emergency telephone numbers of the Fire Department, Ambulance, Police will be posted near the bar.

Rationale: Although informed of the date, time and place of S.O.P. events in their area, police do not always have the time to drop in. The Liquor License inspector is located in Cornwall, 80 km away, and is unable to check in on all S.O.P. functions. This sign informs the participants that there is a procedure for lodging complaints even if enforcement personnel are not present at the event.

2.6.3. Responsibility - a warning sign containing the prescribed information that cautions women who are pregnant that the consumption of alcohol during pregnancy is the cause of Fetal Alcohol Spectrum Disorder (Sandy's Law).

Rationale: Reducing the risk to unborn babies is a moral and legal responsibility of the municipality.

2.7. Regulation 7 - Server Training

2.7.1. To be eligible to rent a municipal facility, those serving alcohol must have successfully completed a Smart Serve Ontario Program. A list of trained individuals will be provided to the Municipal Representative.  The number of Smart Serve Ontario trained personnel at an event must be at least one for each 100 in attendance.  This minimum may be added to at the discretion of the Director of Parks and Recreation.

Rationale: Reducing the risk of litigation requires not only the components of policy and procedures, but also the recruitment of appropriately trained supervisors and servers.  The municipality is morally obliged to inform volunteers and/or the permit applicant of the potential for litigation and to provide them with the tools to avoid such proceedings.

2.8. Regulations 8 - Provide Non-Alcohol Drinks

2.8.1. In order to be eligible to rent a municipal facility, the Event Organizer must make Non-alcoholic beverages available at a cost significantly lower than that of drinks containing alcohol.

Rationale: 1½ oz. of spirits, 5 oz. of table wine and 12 oz. of 5% beer all contain equal amounts of pure alcohol.  Non-alcoholic drinks reduce the consumption of absolute alcohol, reduce the likelihood of intoxication and permit participants to socialize throughout the event without becoming intoxicated.  The Liquor License and Control Act requires that a variety of brands be offered and that licensed premises must have lists or signs prominently displayed which indicate the varieties and prices of alcohol and Non-alcoholic beverages available.  The availability of Non-alcoholic drinks reduces the likelihood of impaired driving.  The availability of Non-alcoholic drinks supports the designated driver program. 

2.9. Regulation 9 - Safe Transportation

• have a designated driver
• have an Event Worker drive intoxicated participant(s) home
• call a friend, relative or taxi to assist intoxicated participant
• if necessary, call police to warn or apprehend the impaired driver

2.10. Regulation 10 - Alcohol Advertising

2.10.1. Advertising and posters which promote the use of alcohol are prohibited in all municipal facilities.

Rationale: Alcohol advertising is designed to encourage and promote the consumption of alcohol.  Since it is illegal for people under the age of 19 to consume these products, it is preferable not to use alcohol advertising in areas frequented by young people.  Promotion of alcohol products is inconsistent with the municipality’s desire to provide a positive example to underage participants who use recreational facilities.

2.11. Regulations 11 - Controls

In order to be eligible to rent a municipal facility for a S.O.P. event, the Event Organizer must demonstrate, to the satisfaction of the Parks and Recreation Department, that the Municipal Alcohol Policy is understood, that the regulations will be strictly observed, and that sufficient controls are in place which will assist in ensuring compliance to the policy. These controls will include the following:

2.11.1. The Event Organizer must provide a list of event workers to the Parks and Recreation Department at least two weeks prior to the event along with each worker’s SMART SERVE registration number.

2.11.2. The Event Organizer must provide proof of holding liability insurance, minimum of two million dollars, for the event.

2.11.3. The Event Organizer must obtain a S.O.P. from the Alcohol and Gaming Commission of Ontario and must show proof of this to the Parks and Recreation Department at least seven (7) days prior to the event.

2.11.4. The Event Organizer must ensure that all entrances/exits are properly monitored to enforce that alcoholic beverages remain within the licensed area.

2.11.5. The only acceptable forms of identification as proof of legal drinking age will be the photo I.D. Card issued by the AGCO, a Canadian Citizenship Card, a photo Driver’s License, a passport, or armed forces I.D.

2.11.6. The person who signs the S.O.P. application and Rental Agreement must attend the event and be responsible for making decisions regarding the operation of the event.

2.11.7. The Event Organizer or his/her designate, is responsible for decision making during the event and therefore must refrain from consuming alcohol while the event is in progress.

2.11.8. All Event Workers and official event volunteers must refrain from consuming alcohol while the event is in progress.

2.11.9.The Event Organizer, or his/her designate, must prevent patrons from engaging in activities that can harm them or others.

2.11.10. It is recommended that drinks be served in disposable cups.

2.11.11. An authorized Municipal Representative, or his/her designate, has the right to enter any S.O.P. event and take control if he/she feels that it is necessary at the time.

2.11.12. The licensees must abide by the rules of the Municipal Alcohol Policy as enforced by the municipal representative.

2.11.13. Marketing practices, which encourage increased consumption, such as oversize drinks, double shots of spirits, pitchers of beer, drinking contests and volume discounts are not permitted.

2.11.14. If tickets are sold, they must be purchased from a designated ticket seller and redeemed at the bar, with a maximum of five (5) tickets per purchase.

2.11.15. Unused tickets are to be redeemable for cash on demand at any time during the event.

2.11.16. The Municipality reserves the right to require the presence of police officers for the duration of an event, the cost of which will be borne by the sponsoring group or individual.

2.11.17. There will be no last call.

2.11.18. A free bar event must have Smart Serve trained servers and floor supervisors.

2.11.19. All event workers must wear highly visible identification (name tag with “Staff” printed on it).

2.11.20. Whenever possible, Police will be notified by the Director of Parks and Recreation, or his/her representative, of a potentially risky situation before the situation is out of control.

2.11.21. To reduce the risk of intoxication and the rate of consumption, staff shall encourage patrons to consume food, low alcohol beverages and Non-alcoholic beverages.

2.11.22. The number of Smart Serve trained personnel at an event will be set at the following minimums and may be added to at the discretion of the Municipality:

• Up to 100 in attendance - one (1)
• For each 100 additional in attendance - one (1)

2.11.23. During regular licensed events and events run under the Caterer’s Endorsement the bar will stop service no later than 1:30 a.m., but for New Year’s Eve the bar area shall stop service no later than 2:30 a.m.

2.11.24. All entertainment must be completed by 1:30 a.m. or 2:30 a.m. on New Year’s Eve.

2.11.25. Facilities must be vacated by 2:45 a.m. or 3:45 a.m. on New Year’s Eve.

2.11.26. For S.O.P events the bar will stop service no later than 1:00 am or 2:00 am on New Year’s Eve. All entertainment must be completed by 12:30 a.m. or 1:30 a.m. on New Year’s Eve.

2.12. Regulation 12 - Insurance

2.12.1. Required to provide proof, at least 14 days prior to the event, that they have purchased a minimum of two million dollars in liability insurance and that the Township of Champlain is named as co-insured.Groups and individuals who rent licensed municipal facilities must also obtain their own liability insurance for the event. Information on insurance brokers who specifically deals with this type of insurance, can be provided by the Director of Parks and Recreation Department to the renter at the time of booking.

Rationale: By insisting on insurance, potentially risky groups may be discouraged from sponsoring events since they may be unable to obtain insurance. Case law indicates that judges and juries are sympathetic towards the injured plaintiff.  S.O.P. permit holders, hall owners, club executives and volunteers could all be named in a lawsuit.  Municipalities can be held jointly liable and could end up paying the predominant share of an award to a plaintiff should the Event Organizer be uninsured.  Many volunteers at SMART SERVE training events were unaware of their liability in cases where alcohol has been consumed at an S.O.P. function. Many volunteers at SMART SERVE training events were unsure of their individual coverage and/or their group’s coverage.

2.13. Regulation 13 - Policy Monitoring and Revisions

2.13.1. The Municipality shall annually review this policy in conjunction with resource persons based on the experiences learned or encountered by the Parks and Recreation Department personnel and/or volunteers and resource persons. Any necessary revisions shall be presented to Council for approval.

Rationale: Permits policy to be changed to meet changing community needs, adding new facilities and new program demands. As the policy is implemented, procedures requiring adjustments for improvement can be suggested. Permits adjustments to any future changes in the Liquor License and Controls Act of Ontario.

Adoption and Revision History

• Adopted on August 7, 2002 (Resolution 127-02)
• Revised and approved on October 13, 2010 (Resolution 2010-323)
• Revised and approved on November 3, 2020 (Resolution 2020-487)
• Revised and approved on April 14, 2022 (Resolution 2022-160)

Appendix A - Guidelines for Special Occasion Permit Holders

• The Event Organizer must provide a list of event workers to the Municipality at least two weeks prior to the event along with each worker’s SMART SERVE registration number.
• The Event Organizer must obtain a Special Occasion Permit from the Alcohol and Gaming Commission of Ontario and must show proof of this to the Municipality at least fourteen (14) days prior to the event.
• The Event Organizer must show proof of having liability insurance, minimum of two million dollars, for the event.
• The Event Organizer must ensure that all entrances/exits are properly monitored to enforce that alcoholic beverages remain within the licensed area.
• The only acceptable forms of identification will be the photo I.D. card, a photo driver’s license, a Canadian Citizenship Card, a passport, or armed forces I.D.
• The person who signs the Special Occasion Permit Application and the Facility Rental Agreement must attend the event and be responsible for making decisions regarding the operation of the event.
• The Event Organizer or his/her designate, who is responsible for decision making during the event, must refrain from consuming alcohol while the event is in progress.
• All trained personnel, who are working at the event, must refrain from consuming alcohol while the event is in progress.
• The Event Organizer must prevent patrons from engaging in activities that can harm them or others.
• The Event Organizer, or his/her designate, shall ensure that the physical surroundings do not pose a danger to patrons who consume alcohol and those who do not consume alcohol.
• Marketing practices which encourage increased consumption, such as oversized drinks, drinking contests and volume discounts are not permitted.
• If tickets are sold, they must be purchased from a designated ticket seller and redeemed at the bar, with a maximum of five (5) tickets per purchase.
• Unused tickets are to be redeemable for cash on demand at any time during the event.
• The Municipality reserves the right to require the presence of two (2) police officers for the duration of an event, the cost of which will be borne by the sponsoring group or individual.
• There will be no last call.
• An “open bar” event must have trained servers and floor supervisors.
• All Event Workers must wear highly visible identification (name tag with “Staff” printed on it).
• Whenever possible, Police will be notified by the Municipality or its representative of a potentially risky situation before the situation is out of control.
• In order to reduce the risk of intoxication and the rate of consumption, staff should encourage patrons to consume food, low alcohol beverages and non-alcohol beverages.
• The number of Smart Serve trained personnel at an event will be set at the following minimums and may be added to at the discretion of the Municipality:

• The bar will close no later than 1:00 a.m.  For New Year’s events, the bar may remain open until 2:00 a.m.  No alcoholic beverages can be served past bar closing time even if the order was placed prior to closing time.
• All entertainment must be completed by 12:30 a.m. or 1:30 a.m. on New Year’s Eve.
• Facilities must be vacated by 1:45 a.m. or 2:45 a.m. on New Year’s Eve.