Official Proceed Order

(Official Proceed) Status of Ballpark use 4-25-08

This constitutes the Official “Proceed Order” granting permission for Volunteer work to begin in accordance with the Plan (re-attached for convenience) submitted to the Town of Old Orchard Beach dated April 14, 2008 by Linda Jenkins on behalf of the Ballpark Subcommittee of the Conservation Commission which outlines the short term goal of bringing the Ballpark playing field back to a usable condition so that it can be utilized by the Old Orchard Beach High School baseball team. After Volunteer work completes this Plan and prior to opening the premises for public use, appropriate permission will be required from the applicable Town Code/Safety Officials.

The Town Attorney approved Release of Liability (attached), aka “Hold Harmless Waiver”, is to be signed by each volunteer that will indemnify the Town, its officials, officers, employees and agents against, any and all claims of any kind or nature arising out of the Town’s grant of permission to allow Volunteer work on the Ballpark grounds. Written parental permission is required of any volunteer under 18 years of age, as well as on-site supervision of those minors by an adult authorized by the Ballpark Subcommittee. It is further agreed that no activity requiring an electrical, plumbing or building permit or requiring use of heavy power equipment or excavation equipment will be conducted, unless such individual is a licensed contractor in the applicable trade and provides a certificate of insurance prior to commencing work.

Of additional note is that the Ballpark premises are covered for General Liability (including Volunteer activities occurring on site) by the Town’s property insurer (Paquin & Carroll of Biddeford) to the same limits as contained in the Town’s standard policy (#MGL70013200 – Argonaut Insurance Company). This policy is in effect from 7-1-07 through 7-1-08 and will be renewed prior to expiration with the same coverage terms.

This Proceed Order may be rescinded at any time for any reason by the Town Council or Town Manager.

Should any issues arise in the interpretation or implementation of this Proceed Order, Release of Liability, or Ballpark Plan, please contact the Town Manager.

Should any clarification be necessary on the requirements to eliminate onsite hazards or life/safety code violations, please contact any applicable Town Code/Safety Officials immediately for a prompt response and resolution.

On behalf of the Town Council and Town Staff, we appreciate the positive spirit displayed by the Ballpark Subcommittee and wish this group well in its Volunteer efforts to restore the Ballpark for this interim recreational use.

Stephen J. Gunty, Town Manager
Town of Old Orchard Beach
1 Portland Avenue
Old Orchard Beach, ME 04064
207-934-5714 ext. 226
207-934-0755 fax

(Previous) Status of Ballpark use 4-23-08
The Council expressed consensus after last night’s Budget Workshop that the adhoc Ballpark Committee and its group of volunteers be allowed access to the Ballpark for purpose of fixing it up according to the Plan submitted by Linda Jenkins (on behalf of the adhoc Ballpark Committee of the Conservation Commission). Chairman Jim Long acknowledged the consensus of three Councilors (O’Neill, Dayton, MacDonald) and stipulated that permission to access the Ballpark by any volunteer be conditioned upon receiving a signed “hold harmless” release of liability waiver. I’ve begun working on that waiver & process today and will place it into the hands of Linda Jenkins ASAP for their use in this matter, after which time, volunteer work will be officially sanctioned by the Town.