Signed Copies Available in the Clerk's Office
16TH REPORT OF THE
COMMUNITY AND NEIGHBOURHOODS COMMITTEE
Meeting held on September 27, 2011, commencing at 4:04 p.m.
PRESENT: Councillor H. L. Usher (Chair) and Councillors W. J. Armstrong, M. Brown, S. Orser and P. Van Meerbergen and B. Mercier (Secretary).
ALSO PRESENT: Mayor J. Fontana, R. L. Fair, P. McNally, I. Collins, B. Coxhead, J. Fleming, G. Francis, S. Giustizia, M. Henderson, C. Howard, J. W. Kobarda, G. Kotsifas, I. Listar, L. Marshall, J. Pretty, S. Stafford, J. Stanford, L. Stevens and D. Warren.
I YOUR COMMITTEE RECOMMENDS:
London Taxi 1. (7) That the communication, dated September 2011, from the London Association – Alternative Taxi Association, with respect to a proposed alternative taxi/limousine by-law, BE Proposed REFERRED to the Civic Administration for consideration with the review of the Taxi/Limousine Taxi/Limousine By-law. By-law
Reducing the 2. (9) That, on the recommendation of the Director of Social and Cost of Cashing Government of Community Support Services, with the concurrence of the Executive Director of Ontario Community Services, the following actions be taken with respect to reducing the Cheques and cost of cashing Government of Ontario cheques and simplifying access to Simplifying Access to mainstream financial services: Mainstream Financial Services (a) the policy issues and recommendations, outlined in the Report, dated September 27, 2011, from the Director of Social and Community Support Services, with the concurrence of the Executive Director of Community Services, BE RECEIVED by the Municipal Council;
(b) the Mayor BE REQUESTED to write a letter to the Minister of Community and Social Services, providing this report; and:
i) advocating for changes within the provincial ministries to simplify and integrate the process for accessing government identification for those on social assistance; and,
ii) recommending the development of indemnity agreements between the Province and mainstream financial service providers, similar to what other provinces and the Federal Government have done;
(c) the Mayor BE REQUESTED to write a letter to the Commission for the Review of Social Assistance, copying this report and the letter noted in (b) above, for their consideration of these actions in their final report to the government in June 2012; it being noted that these recommendations address the Commission’s direction to provide improved system integration and to identify areas of federal-provincial interaction related to social assistance; and,
(d) the Director of Social and Community Support Services BE DIRECTED to:
i) continue monitoring actions being taken by the City of Toronto in their review of contracted electronic banking services for those receiving Ontario Works;
ii) advocate with senior provincial social services administration for a more comprehensive provincial review of options and actions that support simplified access to mainstream financial services for social assistance recipients; and,
iii) continue internal actions with service delivery staff and community agency partners to support access to direct bank deposits and access to mainstream financial services, including access to necessary identification. (2011-F08-00)
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339 3. (10) That, notwithstanding the recommendation of the Director of Commissioners Road West – Building Controls and Chief Building Official, NO ACTION BE TAKEN AT THIS Property TIME with respect to the proposed by-law to approve the demolition of the building Standards located at 339 Commissioners Road West; it being noted that the property owner Related Demolition has agreed to comply with the demolition order. (2011-D10-00)
Request for 4. (11) That, on the recommendation of the Director of Environmental Expressions of Interest for Programs and Solid Waste, the following actions be taken with respect to Partnership in requesting expressions of interest for a partner to develop landfill gas and Biogas potentially other biogas feedstock, utilization projects: Utilization
(a) the Civic Administration BE AUTHORIZED to prepare a Request for Expressions of Interest (REOI) for a partner to develop the above-noted projects with the City of London;
(b) the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter; and,
(c) the Civic Administration BE DIRECTED to report back to the appropriate Standing Committee on the outcome of the REOI. (2011-W04-00)
Summit 5. (12, 18) That, on the recommendation of the Director of Parks and Professional Baseball LLC Recreation, with the concurrence of the Executive Director of Community Services, (Frontier the attached proposed By-law (Appendix A) BE INTRODUCED at the Municipal League Council meeting to be held on October 3, 2011, to: Professional Baseball) Licence a) approve the revised attached Licence Agreement between the City of Agreement for use of Labatt London and Summit Professional Baseball LLC, for non-exclusive use of Park Labatt Park for the period of November 1, 2011 to October 31, 2012;
b) delegate to the Executive Director of Community Services, or designate, the authority to authorize and approve such further other documents, including agreements, that may be required in furtherance of the licence agreement, that:
i) are consistent with the requirements contained in the Agreement noted in (a) above;
ii) do not require additional funding, or are provided for in the City’s current budget; and,
iii) do not increase the indebtedness or liabilities of The Corporation of the City of London, subject to prior review and approval by the City Solicitor; and,
c) authorize the Executive Director of Community Services, or designate, to execute any agreements approved under (a) or (b) above;
it being noted that the Community and Neighbourhoods Committee (CNC) heard delegations from D. Martin, President, General Manager, Summit Professional Baseball, and the attached presentation from S. Dart, President, Owner and R. Chanderdat, General Manager, Owner, London Majors Baseball. The CNC also received a communication, dated September 27, 2011, as well as heard a verbal delegation from J. O’Neill, Commissioner, Intercounty Baseball League, with respect to this matter. (2011-A09-07)
Emerald Ash 6. (13) That, on the recommendation of the Executive Director of Planning, Borer Strategy Environmental and Engineering Services, with the advice of the City Planner and the Manager of Urban Forestry, the following action be taken with respect to the Emerald Ash Borer Strategy:
(a) the Emerald Ash Borer Strategy as outlined in the Consultant’s report, dated September 2011, entitled “Emerald Ash Borer Strategy”, BE ADOPTED;
(b) the implementation strategy and associated funding as shown in the following table, BE ENDORSED IN PRINCIPLE and BE FORWARDED to
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the Services Review Committee and Municipal Council for consideration as part of the 2012 Budget process; and,
Table 1. Recommended EAB Management Strategy Program and Costs (in thousands of dollars)
Removal Risk Restoration Plant 2:1 Coordinati (Streets Inventory Inspect- and (Streets Removal on Treat- and and Survey ions Rehabilitat- and YEAR (Wooded (Admini- TOTAL ment Manicured (Wooded (Wooded ion Manicur- Park Areas) stration, Mark Park Areas) Park (Wooded ed Park Education) Areas) Areas) Park Areas) Areas)
2012 184 145 50 715 100 1194
2013 109 187 145 50 30 751 100 1372
2014 191 145 20 30 828 100 1314
2015 115 195 145 20 30 828 100 1433
2016 199 145 20 30 869 1263
2017 122 203 145 30 912 1412
2018 207 145 30 1007 1389
2019 130 211 145 30 1005 1521
2020 215 145 30 1056 1446
2021 137 219 145 30 1108 1639
2022 0
2023 146 146
2024 0
2025 155 155
TOTALS 914 2011 1450 100 60 270 9079 400 14284
(c) the Civic Administration BE DIRECTED to explore potential sources of financing and revenues for this initiative, and assess the impact should Municipal Council advance with a 1:1 vs 3.2 vs. 2:1 planting ratio; and review this information and the financial impacts with the Services Review Committee;
it being noted that the Community Neighbourhoods Committee heard the attached presentation from the Manager of Urban Forestry, with respect to this matter. (2011-E05-00)
London Fire 7. (14) That, on the recommendation of the Fire Chief of the London Fire Department – Business Department, with the concurrence of the Executive Director of Community Intelligence Services, the Manager of Purchasing and Supply and the Chief Technology Program Officer, the following actions be taken with respect to the Business Intelligence Program;
(a) the quotation submitted by Intergraph Canada Ltd, 250-7070 Mississauga Road, Mississauga, ON, L5N 7G2, for the supply and installation of London Fire Business Intelligence for Public Safety at their proposed price of $129,093, HST extra, BE ACCEPTED;
(b) the quotation submitted by Intergraph Canada Ltd, 250-7070 Mississauga Road, Mississauga, ON, L5N 7G2, for the supply and installation of London Fire Incident Analyst at their proposed price of $38,000, HST extra, BE ACCEPTED;
(c) the quotation submitted by Intergraph Canada Ltd, 250-7070 Mississauga Road, Mississauga, ON, L5N 7G2, for Phase 2 of the implementation of London Fire Incident Analyst at their proposed price of $55,000, HST extra, BE ACCEPTED;
(d) the financial funding for this purchase can BE ACCOMODATED within the 2011 Fire Department Budget;
(e) the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this purchase; and,
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(f) the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract record relating to the subject matter of this approval. (2011-V02-00)
Banana Hurling 8. (15) That the attached communication, dated September 26, 2011, from Incident at the John Labatt Councillor H. L. Usher, with respect to the recent banana hurling incident at the Centre John Labatt Centre, BE FORWARDED to the London Diversity and Race Relations Advisory Committee, the London Police Services and the London Urban Services Organization (LUSO), requesting that they provide a statement or recommendation to the City of London indicating that such behavior in London is not tolerated; it being noted that the Community and Neighbourhoods Committee heard a verbal delegation from Councillor H. L. Usher, with respect to this matter.
Transgendered 9. (16) That the attached communication, dated September 26, 2011, from Individual Banned from Councillor H. L. Usher, with respect to the incident whereby a transgendered the Trail’s End individual was banned from the Trail’s End Farmers Market, BE FORWARDED to Farmers Market the London Diversity and Race Relations Advisory Committee, the London Police Services and the London Urban Services Organization (LUSO), requesting that they provide a statement or recommendation to the City of London indicating that such behavior in London is not tolerated; it being noted that the Community and Neighbourhoods Committee heard a verbal delegation from Councillor H. L. Usher, with respect to this matter..
II YOUR COMMITTEE REPORTS:
6th Report of 10. (1) That the Community and Neighbourhoods Committee reviewed the LHAC and received the 6th Report of the London Housing Advisory Committee from its meeting held on September 14, 2011. (See Report attached.)
9th Report of 11. (2) That the Community and Neighbourhoods Committee reviewed the LDRRAC and received the 9th Report of the London Diversity and Race Relations Advisory Committee from its meeting held on September 15, 2011. (See Report attached.)
Ontario Works 12. (3) That the Community and Neighbourhoods Committee reviewed Caseload Update for May and received an information report, dated September 27, 2011, from the Director 2011 to August of Social and Community Support Services, with the concurrence of the Executive 2011 Director of Community Services, with respect to an update on the Ontario Works caseload for May to August 2011. (2011-C16-00)
Ontario Works 13. (4, 17) That the Community and Neighbourhoods Committee (CNC) Participant Profile, July reviewed and received an information report, dated September 27, 2011, from the 2011 Director of Social and Community Support Services, with the concurrence of the Executive Director of Community Services, with respect to the Ontario Works participant profile for July 2011; it being noted that the CNC received revised pages 17 and 23 of the above-noted report. (2011-C16-00)
Update on 14. (5) That the Community and Neighbourhoods Committee reviewed Rethink Energy London – and received an information report, dated September 27, 2011, from the Director, Online Citizen of Environmental Programs and Solid Waste, with respect to an update on the Engagement Rethink Energy London, Online Citizen Engagement Pilot Project. (2011-W12-00) Pilot Project
Addressing 15. (6) That the Community and Neighbourhoods Committee reviewed Public Comments and and received an information report, dated September 27, 2011, from the Director, Direction – of Environmental Programs and Solid Waste, with respect to a status update on Expanding the addressing the public comments and direction for expanding the scope of animal Scope of Animal Welfare welfare initiatives. (2011-P04-00) Initiatives
June Callwood 16. (8) That the Community and Neighbourhoods Committee reviewed Outstanding Achievement and received a communication, dated August 2011, from the Ministry of Award for Citizenship and Immigration, with respect to the June Callwood Outstanding Voluntarism in Achievement Award for Voluntarism in Ontario. (2011-M03-00) Ontario
The meeting adjourned at 6:50 p.m.
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Agenda Item # Page # □ □ APPENDIX A
Bill No. 2011
By-law No.
A By-law to authorize and approve a Licence Agreement between Summit Professional Baseball LLC and The Corporation of the City of London; and to authorize the Executive Director of Community Services, or designate, to execute the Agreement.
WHEREAS section 5(3) of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipal power shall be exercised by by-law;
AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS section 10 of the Municipal Act, 2001 provides that the City may provide any service or thing that the City considers necessary or desirable for the public, and may pass by-laws respecting same, and respecting economic, social and environmental well-being of the City, and the health, safety and well-being of persons;
NOW THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows:
1. The Licence Agreement attached as Schedule “A” to this by-law between Summit Professional Baseball LLC and The Corporation of the City of London for non-exclusive use of Labatt Park, is hereby authorized and approved.
2. The Executive Director of Community Services, or written designate, is delegated the authority to authorize and approve such further other documents, including agreements that may be required in furtherance of the licence agreement that are: i) consistent with the requirements contained in the Agreement authorized and approved in 1 above; ii) that do not require additional funding or are provided for in the City’s current budget; and, iii) that do not increase the indebtedness or liabilities of The Corporation of the City of London, subject to prior review and approval by the City Solicitor.
3. The Executive Director of Community Services, or designate, is authorized to execute the Agreement authorized and approved under section 1 of this by-law and any other agreements approved under section 2 of this by-law.
4. This by-law shall come into force and effect on the day it is passed.
PASSED in Open Council , 2011
Joe Fontana Mayor
Catharine Saunders City Clerk First reading - Second Reading - Third Reading -
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Agenda Item # Page # □ □
This Agreement made in triplicate as of the (___) day of October, 2011.
B E T W E E N:
THE CORPORATION OF THE CITY OF LONDON (the "City")
-and-
SUMMIT PROFESSIONAL BASEBALL LLC. (the "Club")
WHEREAS the Club owns and operates a professional baseball team known as the Summit Professional Baseball LLC. which team is a franchise of The Frontier League of Professional Baseball;
AND WHEREAS the City owns premises known as Labatt Park located at 25 Wilson Avenue in the City of London (the “Facility”) as shown on Schedule “A” attached;
AND WHEREAS the Club has requested the City to grant to it a non-exclusive licence or permission to use the Facility;
AND WHEREAS the City has agreed to grant to the Club a non-exclusive licence or permission to use the Facility strictly for the purposes as set out in this Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions in this Agreement, the parties agree as follows:
1.0 LICENCE
1.1 The City hereby grants to the Club a non-exclusive licence and permission to use and occupy the Facility subject to the terms and conditions contained in this Agreement.
2.0 USE
2.1 The Club agrees to use the Facility for the purposes listed below only and for no other purpose:
a) Baseball Games, Practices and Clinics
i) The Club shall be allowed to use the Facility for the Club’s regular season and playoff baseball games, league all-star game, practices, team events and clinics in conjunction therewith, subject to the provisions of this Agreement.
ii) The City agrees to give the Club first priority in scheduling the use of the Facility during the Club’s regular season and playoffs, save and except the July 1st date, which shall be allocated by the City. This priority shall be enjoyed only from May 1st to September 31st of each year and every year of the term of this Agreement and only on the condition that the Club provides to the City, in writing, on or before October 31st of each year during the term of this Agreement the Club’s schedule for the next year. Should the Club fail to provide the schedule in writing by October 31st, the City shall have the right to schedule the use of the Facility by other users on such dates and times as the City, in its sole discretion, deems appropriate.
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Agenda Item # Page # □ □ iii) The City reserves the right to schedule use of the Facility by other users on such dates and times not scheduled for use by the Club.
iv) During dates when there are multiple uses of the Facility, the City shall have the right in its absolute discretion to cancel the Club’s use of the Facility for games, practices or clinics due to inclement, threatening or predicted bad weather in order to ensure appropriate playing conditions for future games.
v) The City reserves the right to establish black-out dates for which the park will be unavailable. This will allow for Provincial and National Baseball Championship bid proposals to occur.
b) Locker Room
i) Notwithstanding paragraph 1.1, the Club shall be allowed exclusive use of the home team locker room located under the third base grandstand (“Locker Room”) for the purpose of a locker room, manager’s office, training room, laundry room and baseball equipment storage room for the Club. The club shall be responsible for its own laundry equipment.
ii) The Club shall be permitted to use the Locker Room only in conjunction with the Club’s regular season and playoff baseball games, practices and clinics in conjunction therewith as scheduled by the City. The Club shall be permitted to use the Locker Room during the off season for the purpose of equipment storage. The Club shall be permitted to use the Locker Room at any time for the purpose of housekeeping and laundering functions.
iii) The Locker Room shall be vacated within one hour after the completion of the game, practice or clinic.
iv) The Club shall, at its expense, be responsible for all security for the Locker Room. The City shall not be responsible for any damage to the Locker Room, its contents, or the Facility, including without limitation damage as a result of theft, vandalism, fire or the condition of the Locker Room or the Facility.
v) The Club shall, at its expense, maintain and repair the Locker Room in a proper state of repair reasonable wear and tear only excepted. Without limiting the generality of the foregoing, the Club shall not be responsible for carpet that is worn due to normal wear and tear. The Club agrees that the Locker Room shall at all times be kept in a neat, clean and sanitary condition.
vi) The Club shall pay the cost for all utility hookups and the supply of utilities, separately metered for the Locker Room. Utilities include but are not limited to water, electricity, telephone, internet.
c) Concession Facilities
i) The Club shall be allowed to operate food concessions from portable concession stalls/trailers, concession outlets 1 and 2 and souvenir sales from the souvenir booth. The Club’s use of the portable concessions and concession outlet 2 shall be non-exclusive. The Club’s use of concession outlet 1 shall be exclusive. All portable concession stall/trailers shall be installed only at those locations as approved, in writing in advance, by the City.
ii) Operation of the Concession Facilities shall be limited to the Club's regular season and playoff baseball games as scheduled by the City. The Club may be permitted to operate the Concession Facilities at such other times as the City may, in writing in advance, permit.
iii) The Club shall, at its expense, be responsible for all security for the Concession Facilities. The City shall not be responsible for any damage to the Concession Facilities, its contents or equipment owned by the Club, including without limitation damage as a result of theft, vandalism, fire or the condition of the Concession
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Agenda Item # Page # □ □ Facilities or the Facility.
iv) The Club shall, at its expense, maintain in a proper state of repair (reasonable wear and tear only excepted), repair, and operate the Concession Facilities.
v) The Club shall, at its expense, provide, maintain and repair all of the equipment necessary for the operation of the Concession Facilities.
vi) The Club shall pay the cost for all utility hookups and the supply of all utilities separately metered for the Concession Facilities.
vii) The Concession Facilities shall at all times be kept in a neat, clean and sanitary condition. All federal, provincial and municipal laws respecting public health, safety, labour and sanitation and the operation of the Concession Facilities shall be complied with.
viii) The Club shall, at its expense, dispose of all refuse, recycling and garbage from the Concession Facilities. Refuse stored on site prior to disposal should be located as directed by the City.
d) Advertising
i) The Club shall be permitted a non-exclusive right to sell advertising signs for installation on the chain link fence surrounding the field of the Facility save and except a portion of the chain link fence being forty (40) feet in length located under the scoreboard which space shall be allocated by the City to other users. All signs shall measure 8 feet by 16 feet and shall be constructed of material as approved by the City.
ii) Installation and removal of the signs shall be at the Club's expense.
iii) The Club shall be responsible for security of the signs and for all damage including without limitation all damage incurred as a result of weather conditions, vandalism, theft, fire or other perils.
iv) All advertising shall comply with the City of London Council Policy on advertising (Appendix 17(9A), viewable at www.London.ca, or any successor policy). The City reserves the right to approve the content and quality of each sign prior to installation. If, in the opinion of the City in its sole discretion, a sign is unsuitable for display at the Facility, the Club shall be prohibited from installing such sign. The City reserves the right to remove any sign, at any time, that the City in its sole discretion may determine to be unsuitable. The cost of such removal shall be at the expense of the Club.
v) The Club acknowledges and agrees the right of the Club to sell advertising shall not be an exclusive right. The City, for itself and others, hereby reserves the right to sell and solicit further advertising for installation and display at the Facility.
i) Installation of advertising signs at locations other than the chain link fence surrounding the field of the Facility shall require the prior written approval of the City which approval may be unreasonably withheld.
3.0 TERM
3.1 The Licence and permission hereby granted shall commence October 15, 2011 and shall terminate and be fully at an end on October 14, 2012, subject to earlier termination as provided in this Agreement.
3.2 Provided that the Club is not in default of any of its obligations hereunder, this Agreement may be renewed for four further one-year terms if both parties agree in writing. Any request for such renewal shall be made in writing and no later than September 15th of each subsequent year.
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Agenda Item # Page # □ □ 4.0 FEES (Canadian Currency)
4.1 The Club shall pay to the City a licence fee, exclusive of H.S.T., or other applicable tax, for the use of the Facility as follows:
ii) for the period November 1, 2011 to October 31, 2012 the sum of $50,000; iii) for the period November 1, 2012 to October 31, 2013 the sum of $51,000; iv) for the period November 1, 2013 to October 31, 2014 the sum of $52,200; v) for the period November 1, 2014 to October 31, 2015 the sum of $53,244; vi) for the period November 1, 2015 to October 31, 2016 the sum of $54,308.
The said licence fee shall be for the Club’s use of the Facility for 48 regular season games, 20 daytime practices, one evening practice, all playoff games and potentially a Frontier League All Star Game.
4.2 i) The Club agrees to pay the rental fee for each year of the Agreement in four equal payments due June 6, June 23, July 20 and August 14 of each year.
ii) Notwithstanding i) above, for the inaugural season The Club agrees to pay $25, 000 on October 14, 2011 with the remainder due in four equal payments as outlined in 4.2 i).
4.3 The Club agrees to make a donation of $23,000 to the City, payable in four equal payments on November 15, 2011, April 15, 2012, November 15, 2012, April 15, 2013, which donation is not subject to any restrictions, and which does not create a charitable purpose trust, and which the City may use in its sole discretion including in support of a new scoreboard.
5.0 OBLIGATIONS OF THE CLUB
5.1 The Club hereby covenants and agrees to do everything within its power to maintain the Club’s good standing in The Frontier League of Professional Baseball, and that where the Club is no longer in good standing with The Frontier League of Professional Baseball, the City may, at its option, terminate this Agreement, pursuant to the terms herein.
5.2 The Club, having inspected the Facility, agrees to accept the Facility as is. The Club acknowledges and agrees that the Facility is suitable for its purposes and will not at any time during this Agreement or any renewal or extension thereof require the City to make any improvements, alterations or additions to the Facility. The Club further acknowledges and agrees that the City does not intend to make any improvements, alterations or additions to the Facility and makes no representations or warranties to the Club as to the likelihood of the City undertaking any improvements, alterations or additions to the Facility during this Agreement or any renewal or extension thereof.
The Club acknowledges that the Facility may contain asbestos or other toxic or harmful substances. The Club shall not make any alterations to the Facility, without the prior written express approval of the Executive Director of Community Services. Alterations that shall not be made without such approval include, but are not limited to, the following: drilling holes in any walls, floors or ceilings; inserting nails into any walls, floors or ceilings; making any structural changes; painting walls.
5.3 The Club shall use the Facility at all times in a careful, clean, safe, quiet and proper manner and to the satisfaction of the City and shall ensure that:
a) the number of persons using the Facility shall not exceed its approved capacity; b) law and order is preserved; c) no dangerous materials, including but not limited to flammable or explosive materials, are brought into the Facility; d) there is no use of open flames; e) there is no posting or displaying offensive or illegal material; f) there is no inappropriate activity, as determined in the sole opinion of City’s Executive Director of Community Services (“Executive Director”), or written
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Agenda Item # Page # □ □ designate; g) no smoking is allowed on the property; h) alcoholic beverages shall not be permitted at the Facility except as provided in this Agreement; i) the use of the Facility shall at all times during the term of this Agreement comply with the law and the rules, regulations and policies of the City; j) vehicles shall only be parked in designated parking areas; k) no changes or alterations shall be made to the Facility without the prior written consent of the Executive Director, or written designate; and l) for any game or double header game, no inning shall start after 11:00 pm., except for a game that is the last game that the opposing team is scheduled to play in London during the regular season and playoff games.
5.4 The City shall be at liberty to make any rules, regulations or policies that it from time to time may deem fit for the proper conduct of any person or persons using the Facility and for the safety and convenience of the persons visiting the Facility and the Club agrees with the City to be bound by such rules, regulations and policies.
5.5 The Club shall, at its expense, employ, pay and be responsible for adequate police or security, ticket sellers, ticket takers, ushers, fencepersons, umpires, referees and such other persons as may be deemed necessary by the City, in its sole discretion, for the proper operation of the Facility. Upon the failure on the part of the Club to provide any of the aforesaid services, the City may provide the same and the Club agrees to pay the cost thereof to the City forthwith on demand.
5.6 The Club shall employ only competent and orderly employees which employees shall keep themselves neat and clean and shall be courteous to all members of the public using the Facility.
5.7 The Club shall not carry on any business or endeavour in the Facility that would constitute an actionable nuisance.
5.8 The Club shall give to the City immediate written notice of any accident, damage or injury occurring at or arising out of the use of the Facility by the Club whether to persons or property.
5.9 The City or any authorized agent or servant of the City shall have the right at any reasonable time, without notice, to enter and inspect the Facility, including the Locker Room.
5.10 The Club shall pay as and when they fall due all taxes and rates charges, assessed or levied in respect of all business or other activity carried on in or in connection with the Facility or in respect of the Club's business, income or property, and taxes personal to the Club.
5.11 The Club agrees that it shall obey and observe all laws, by-laws, policies and regulations of the City, the Province of Ontario and the Government of Canada.
5.12 The Club shall obtain, at its own expense, all permits required for the sale and consumption of alcoholic beverages at the Facility. The Club agrees that the sale and consumption of alcoholic beverages at the Facility shall be prohibited unless the Club has obtained all required permits. The Club agrees to comply with all of the terms and conditions of the City’s Special Events Policies & Procedures Manual and the Alcohol Risk Management Policy. The Club agrees to comply with all requirements of the Middlesex- London Health Unit.
6.0 OBLIGATIONS OF THE CITY
6.1 The City agrees, at its expense, to provide the following:
a) maintenance of the turf area including the playing surface and grounds; b) maintenance of all landscaped areas; c) all custodial services associated with the public washrooms and the visiting team
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Agenda Item # Page # □ □ locker room; d) pre and post game removal of garbage and debris from the bleacher/grandstand; e) all field preparations prior to each game including small base and mound tarp placement and removal, infield preparations and all appropriate linings; f) opening and closing of all public spaces post and prior to scheduled games; g) all utilities supplied to the Facility save and except those utilities which are the responsibility of the Club pursuant to this Agreement; and h) attendants during game time to perform grounds maintenance and assist with operational concerns.
6.2 The City agrees to maintain the Facility in good and tidy conditions except for those areas that are the responsibility of the Club under this Agreement.
7.0 INSURANCE
7.1 Throughout the term of this Agreement, the Club shall obtain and maintain the coverage shown below and shall provide that these coverages will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the date of cancellation or expiry:
a) Third party general liability insurance covering all claims for negligence, nuisance, property damage and personal injury, including death, arising out of the use of the Facility by the Club. Such policy shall include those coverages described on the City's standard insurance certificate form #0788, attached, and be in an amount not less than five million ($5,000,000.00) dollars and shall include the City as an additional insured with respect to this Agreement;
b) Standard all risk property insurance covering the property of the Licensee, including leasehold improvements, in an amount not less than the full replacement cost value with a deductible of no more than $2,500.00; such policy shall include a waiver of subrogation in favour of the City; and
c) Standard all risk tenants legal liability insurance covering the Facility in an amount not less than one million ($2,000,000.00) and such other liability insurance extensions as may be required by the City from time to time.
7.2 The Club shall not do, omit to do, permit to be done or permit to omit to be done on or at the Facility, anything that may increase premiums or void coverage under the property insurance policies carried by the City on the Facility described in this Agreement.
7.3 The insurance described in 7.1 above will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the date of cancellation or expiry. Evidence of such insurance shall be delivered to the City promptly at inception of this Agreement and thereafter prior to the insurance renewal date. Failure to satisfactorily meet these conditions relating to insurance shall be deemed a breach of this Agreement.
7.4 The City reserves the right to request such higher limits of insurance or other types policies appropriate to this Agreement as the City may reasonably require from time to time.
8.0 INDEMNITY
8.1 The Club shall indemnify and hold the City harmless from and against any liability, loss, claims, demands, costs and expenses, of every nature and kind whatsoever, including reasonable legal fees, occasioned wholly or in part whether wilful or otherwise by reason of or on account of the Club’s use or occupation of the Facility or arising out of any breach, violation or non-performance on the part of the Club of any covenant or provision in this Agreement, whether arising from actions of the Club or by its employees, servants, agents, subcontractors, invitees or others for whom the Club is responsible for at law. Such indemnification shall continue in effect after expiry of this Agreement with respect to any matter arising during the use or occupation of the Facility by the Club.
8.2 Without limiting the generality of the foregoing indemnity, the Club shall specifically
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Agenda Item # Page # □ □ indemnify the City from any and all liability, loss, damage or actions based in negligence, nuisance or trespass that results in:
a) personal injury or death to a person inside or outside the Facility; b) property damage whether occurring inside or outside the Facility; c) loss of use or enjoyment of private property in the vicinity of the Facility; d) economic loss, including lost income, whether future or past, diminished value of private property; or e) aggravated or exemplary or punitive damages;
as a result of the Club’s use or occupation of the Facility or the Club’s use of the Facility’s sound system or light system.
8.3 The Club agrees that the foregoing indemnity shall apply to all claims or losses arising from fly balls leaving the Facility. The Club agrees that the City is not obliged to provide any additional netting or backstop other than the existing netting constructed over the grandstand, or to pay for or provide any modifications to the Facility except as are specifically called for in this Agreement or paid for by the Club.
8.4 The Club agrees that in the event that any Third Party obtains an injunction preventing the use of the Facility by the Club for playing baseball, that in that case the Club agrees that it will not hold the City in any way responsible for any losses incurred thereby, whether by the Club or any other party and agrees to indemnify the City for all such losses.
9.0 DEFAULT AND TERMINATION
9.1 In the case of damage by fire, lightning, tornado or tempest which, in the sole discretion of the City, makes repair of such damage within fourteen (14) days impossible, the City may terminate this Agreement immediately and each party shall be released from further obligations under this Agreement.
9.2 In the event that the Club fails to comply with any term of this Agreement, including but not limited to default in payment of any licence fee on its due date, the City may terminate the privilege and licence herein granted at any time by giving notice in writing to the Club specifying the nature of the default, and if upon the expiration of five (5) days following delivery of such notice the default has not been cured, all rights of the Club under this Agreement shall at the option of the City cease and be at an end, and the City may enter and take possession of the Facility and those portions thereof occupied, whether exclusively or otherwise, by the Club. Any waiver by the City of any breach by the Club of any of the provisions of this Agreement shall be without prejudice to the exercise by the City of all or any of its rights or remedies in respect of any continuance or repetition of such breach.
9.3 If: a) the Club is adjudicated a bankrupt, or adjudged to be insolvent, or b) a receiver or trustee of the Club's property and affairs is appointed, or c) the Club makes an assignment for the benefit of creditors or files a petition in bankruptcy or insolvency for the appointment of a receiver, or d) any execution or attachment is used against the Club or any of the Club's property under which any person other than the Club attempts to take or occupy any of the Club's rights under this Agreement, and the execution or attachment is not set aside, vacated, discharged or bonded within fifteen days after it issues, or e) the Club attempts to execute a bulk sale,
this Agreement may at the option of the City be cancelled by delivering to the Club notice to that effect, and upon such delivery this Agreement shall cease, but without prejudice to any rights of the City which had accrued before the cancellation.
9.4 Upon termination of this Agreement, the Club shall immediately remove all equipment articles, chattels and fixtures it owns, unless otherwise permitted by the City. Any damage to the Facility caused by such removal shall be repaired by the City at the Club’s expense.
9.5 Should the Club fail to perform any of the covenants or obligations of the Club the City may
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Agenda Item # Page # □ □ at its option perform or procure the performance of any such covenants or obligations at the expense of the Club which expense shall be paid forthwith by the Club to the City on demand. For the purposes aforesaid, the City may enter the Facility and carry out any work that the City, in its sole discretion, considers requisite to remedy such default.
10.0 GENERAL
10.1 The Club acknowledges and agrees that the City Facility may be unavailable for use by the Club if the City closes the Facility because of inclement weather or for any other reason, or if there is an emergency requiring the use of the Facility by the City.
10.2 Neither party shall be responsible for damage caused by delay or failure to perform under the terms of this agreement resulting from matters beyond the control of the City or the Club including strike, lockout or any other action arising from a labour dispute, fire (other than a fire caused by the Club’s negligence), natural flood, tornado, act of God, war, riot or other civil insurrection, lawful act of public authority, all of which cannot be reasonably foreseen or provided against.
10.3 The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement.
10.4 This Agreement is not intended to and shall not be construed to vest in the Club or anyone employed by the Club under this Agreement any title or property rights in the real estate, fixture or personal property belonging to the City now located or which may be located hereafter in the Facility.
10.5 Any notice delivery or payment to the City may be delivered personally to the City or sent by prepaid mail addressed: to the City at:
City Clerk The Corporation of the City of London 300 Dufferin Avenue P.O. Box 5035 London, Ontario N6A 4L9
and to the Club at:
Summit Professional Baseball 277 Summit Drive Waterford, Michigan 48328
Any such notice, delivery or payment so delivered or sent shall be deemed to be sufficiently given or made and received upon delivery or the next business day following such mailing of the same as the case may be.
10.6 This Agreement and the privileges contained herein shall not be assigned or sublicensed by the Club without the City’s prior written consent, which consent may be unreasonably withheld.
10.7 Subject to the restrictions on transfer and assignment, this Agreement shall enure to the benefit of and be binding on the parties and their respective heirs, executors, administrator, successors and permitted assigns.
10.8 This License is granted so far as the City has power to grant the same and to no greater or other extent, and no member or officer of the City, whether or not a party of this Agreement, shall in any way be personally responsible to the Club or otherwise, under this Agreement.
10.9 It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or a part of
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Agenda Item # Page # □ □ one is found to be invalid or unenforceable for any reason whatever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force and effect.
10.10 In the event any dispute shall arise between the parties hereto during the term of this Agreement, the dispute shall be first submitted to mediation by the City’s Chief Administrative Officer or written designate, failing which the dispute shall be submitted to arbitration as follows:
a) Such dispute shall be submitted to a single arbitrator to be agreed upon by the parties. a) If a single arbitrator cannot be agreed upon by the parties within ten (10) days after the appointment of a single arbitrator has been requested by one of the parties, then the dispute shall be referred to a board of three arbitrators, one to be appointed by the Club, one to be appointed by the City, and a third to be appointed by the first two named arbitrators in writing. a) If either the Club or the City does not, with or without reason, appoint an arbitrator within (10) days after the other party has appointed an arbitrator and has served notice requiring the appointment of the second arbitrator, then the arbitrator first appointed shall, at the request of the party appointing him or her, proceed to hear and determine the dispute as if he or she were a singe arbitrator appointed by both the Club and the City for that purpose. If two arbitrators are named within the prescribed time and they do not agree within a period of ten (10) days upon the appointment of the third arbitrator, then upon the application of either the Club or the City, the third arbitrator shall be appointed by a Judge of the Ontario Superior Court of Justice.
a) The determination, which shall be made by the said arbitrators on a majority of them, or by the single arbitrator as the case may be, shall be final and binding upon the parties hereto and the costs of the arbitration and remuneration of the third arbitrator shall be borne equally between the parties hereto, each of them bearing the remuneration of the arbitrator appointed by it.
The provisions of this clause shall be deemed to be a submission to arbitration within the provisions of the Arbitrations Act, 1991 and any statutory modification or re- enactment thereof, provided than any limitation on the remuneration of arbitrators imposed by such legislation shall not apply to any arbitration proceeding commenced pursuant to this agreement. The parties may make a further agreement to arbitration set out in this clause.
10.11 It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or a part of one is found to be invalid or unenforceable for any reason whatever, then the particular provision or provisions or part of the provisions shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force and effect.
10.12 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.
10.13 Descriptive headings are inserted solely for convenience of reference, do not form part of this Agreement and are not to be used as an aid in the interpretation of this Agreement.
10.14 This Agreement is to be read with all changes in gender or number as required by the context.
10.15 The Club acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. Further the Club agrees that it is the complete and exclusive statement of the agreement between the parties, which supersedes all proposals or prior agreement, oral or written, and all other communications between the parties relating to the subject-matter of this Agreement.
IN WITNESS WHEREOF the parties have duly executed this agreement, attested by the hands of
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Agenda Item # Page # □ □ their respective signing officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE CITY OF LONDON
Josseph Fontana, Mayor
Catherine Saunders, City Clerk
SUMMIT PROFESSIONAL BASEBALL LLC.
Per: David H. Martin, President and General Manager
Per: Name: Title:
I/We have authority to bind the Corporation.
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Agenda Item # Page # □ □
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Agenda Item # Page # □ □
APPENDIX B
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Agenda Item # Page # □ □
APPENDIX “B”
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Agenda Item # Page # □ □
APPENDIX “B”
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LONDON MAJORS BASEBALL of the Intercounty Baseball League (IBL) Since 1925
20 of 62 Signed Copies Available in the Clerk's Office Current Majors Ownership
Scott Dart -Born and raised in London -Two children that go to school in London -Supports local events
-Co-Owns London Mortgage Brokerage firm -Fanshawe College Professor (Business) -Fanshawe College Program Consultant
21 of 62 Signed Copies Available in the Clerk's Office Current Majors Ownership
Roop Chanderdat -Moved to London in 1977 from Guyana -Married with two children who attend London schools
-Owns an Occupational Health & Safety firm within London -Owner of a Junior B hockey team that supports local businesses
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Community Issues
1. Too short a time frame to study details 2. Every neighbour that we talked to surrounding Labatt Park is opposed to having the Frontier League team in the park without further discussion 3. We have worked with the community to address noise, traffic, alcohol related issues and have had no complaints in 2011 4. No discussion with City officials on how they plan to work with two groups to help them co-exist 5. London Majors currently use 23 Canadian players and 3 import players – of which 17 players are from LOCAL Southwest Ontario cities
23 of 62 Signed Copies Available in the Clerk's Office Scenarios
City of London Best Case Scenario: 1. City of London increases revenue $25,000 per year during the SHORT time that the team will be in London 2. London Majors continue to be active users of Labatt Park 3. Minor baseball players are re-allocated to lesser parks within the City 4. One of the groups champions baseball in the City – either the Majors a local community team or the U.S. Independent League team with no ties to the area
24 of 62 Signed Copies Available in the Clerk's Office Scenarios
City of London Worst Case Scenario: 1. Through the City of London’s decision to approve the Frontier League franchise, the London Majors can’t continue as a long term (since 1925) tenant . 2. Revenue generated by the London Majors disappears 3. Local economy is negatively impacted due to Majors no longer buying substantial quantity of goods and services from LOCAL suppliers 4. Potential for a revenue neutral/deficit scenario at the expense of losing a long term local organization 5. Confusion within the minor baseball community as the Frontier League is not MLB affiliated and is similar in nature to the IBL 6. Backlash from constituents as to why there was little or no input from communities prior to submission to CNC
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Signed Copies Available in the Clerk's Office Financials
1. We are hearing that the U.S. team will only be in London for one year and are leveraging London negotiations to help secure another stadium in the U.S. for 2013 2. If the U.S. company is committed to baseball long term in London, are they prepared to commit to an early withdrawal penalty? Suggestion: City expected to generate $25,000 per year then U.S. company to pay the following declining penalties: <1 year - $125,000 security bond in place 1-2 years - $100,000 2-3 years - $75,000 3-4 years - $50,000 4-5 years - $25,000 >5 years - $0 3. Majors ask that 50% of the penalty help with the rebuilding of their franchise through loss of revenue and to help rebuild our connection to Majors’ fans
26 of 62 Signed Copies Available in the Clerk's Office Majors’ Expansion
1. Majors willing to significantly expand their use of the park to help offset loss of U.S. team revenue 2. Majors willing to donate equal amount of funds to a new scoreboard - spread out over time at an agreed upon time frame – need time to study current offer details 3. Is the City prepared to partner with a long term team represented by local taxpayers to remain open for business using creativity and discussion that will be a win-win situation for the City of London and fans of baseball in London.
27 of 62 Signed Copies Available in the Clerk's Office London Monarchs I am not sure what I can say that Roop and Scott may not have thought about. 3 pro teams have all come and gone. All left problems behind. I can only speak of the Monarchs. When they closed down The CBL (Canadian Baseball League) they left unpaid bills, unpaid employees and unfulfilled contractual obligations.
All three pro teams have come and gone The Majors have stayed, and since Scott and Roop have purchased the club, they have established a hard working baseball program, numerous charity programs, grass roots baseball programs, employment opportunities and much more. These two men are Londoners through and through, born and bred, grew up here, have succeeded as business men and are both men who agree with giving back to the community they have grown to love.
Another pro team will not work here, and if the Frontier League comes back, it will surely mean the end of the London Majors, the history, the constant giving back to the community pipeline the team and these two men have created. Signed by: Tim Smart Acting GM of the London Monarchs of the now defunct Canadian Baseball League (CBL) at time of team folding – the last pro team in London 2003 that lasted half the season due to financial difficulties 28 of 62
Signed Copies Available in the Clerk's OfficeIntercounty Baseball League (IBL)
Please accept this email as my opposition to granting a lease to a Professional Ball Club to use Labatt Park for the 2012 baseball season.
My opposition comes from my position as Commissioner of the Intercounty Baseball League (IBL). I believe the existence of a Frontier League (FL) Team will make it extremely difficult for the London Majors of the IBL to operate. The Majors would have to compete with a professional team playing 48 home dates for the limited advertising dollar in the community and would, it would appear, have no access to outfield fence signage. They would also not have access to the home clubhouse. The team would draw few fans as the perception would be that the product was inferior and the few baseball fans in the community would be saturated with baseball virtually every night.
The Majors under Scott Dart and Roop Chanderdat are a good organization, community focused. They re- invest whatever profits they make from the team back into the team. The team has been in existence since 1925 and the IBL has been in operation since 1919. If the Majors were to cease to operate it would be a severe blow for the IBL as it would be losing one of it's cornerstone franchises.
The FL has been in existence since 1993. It already has 22 former franchises and has a track record of franchise movement throughout it's history. At this time, they need a park for the Oakland Michigan franchise as the local area was not prepared to commit to a $1 million renovation of the local park. Labatt Park is a great community field, but with the exception of the playing field itself, it is sub standard relative to the other more modern parks used by most of the FL teams. I expect the team will play at Labatt Park until a better facility in the U.S. mid-west, closer to the other teams in the league becomes available. Then they will leave the community as fast as they arrived. It has happened three previous times.
I nominated Labatt Park in Canada's Favourite Ballpark Contest as a community park as that is what it is. If I had known that the city was discussing a professional team tenancy, I would not have nominated the park as it would not have been eligible. The park is used extensively by the community and it's community usage can be increased if this is needed to make the operation of the park more cost effective for the city.
Please do not risk bankrupting a locally owned business in favour of a non local business of which little is known.
Yours Truly,
Joe O'Neill Commissioner, IBL
29 of 62 Signed Copies Available in the Clerk's Office
Questions??
30 of 62 Signed Copies Available in the Clerk's Office
-.j1þ-¿7-¿Ør1 1ñ,Ê4-t^-4F--ã 4 /-1 ØÊ:53p FRtrtf rDR R LUEEL 51t Ë7e 4ø:r3 lu,JllTtaôf f ú Ð
45 Wilson Avenue London, ON N6H 1X2
September 27,2011
TO WHOM IT MAY CONCERN
Re: New Pro Ball_Team Coming to Labatt Park
I have just learned from Roop and Anna with the London Majors that there is a proposal under discussion to bring another pro ballteam to Labatt Park. I trust these few comments will reach you in time to be considered ¡n your decision-making process,
As a close neighbour, I am constantly bombarded with "parkinglnoise/garbage/lights" as each game is played. ln fact, I don't believe that our cosy little neighbourhood should be subjected to 48+ more games at the Parkl When the Werewolves were here, education of their fans was slow at best: they parked over the ends of our driveways; they dropped their paper cups and assorted other garbage beside their cars and then drove away to their lovely tidy neighbourhoods; the noise began at 4:30 p.m. encouraging folks to come to the evening's game (complete with the same few lóud country and western tapes being blasted out at us); the líghts (too many and too bright) were on until at least 11:20 each night. From almost all of us in close proximity, you'd hear the same litany: "help us, please; we pay taxes too and deserve some considerations".
It is delightful that Labatt Park can be welt-used and appreciated for everything it has to offer: locationl history, fine facilities for the teams and many other amenities. We want that, as does everyone ebe ôonnected with the Park. What we don't enjoy is the overuse by 48+ more.ball. g"räs and the attendant inconvenience to those of us who make up the close neighbourhood. We're fine the way we are and the London Majors are enough for usl
Please consider my small protest as you make your decision, knowing how it will impact all of us who live close to Lå¡au park. perhaþs there is-even a better location somewhere in the city that doesn't threaten a small, beleaguered neighbourhood like ours?
Sincerely, #w,ÍW LabatþÉark Neighbour
31 of 62 Signed Copies Available in the Clerk's Office
Dear Mr. Roop Chanderdat:
I wish to express my appreciation for the London Majors' valuable sponsorship of the London police Rookie League Baseball program. The London Majors' support has assisted in providing 100's of children from the London & Middlesex Housing Corporation complexes opportunities that they would otherwise miss out on. Their sponsorship also ensures that there is no cost to the children to participate.
The Rookie League provides valuable opportunitîes for children aged 9-11 who reside in 6 different London Middlesex Housing developments. The program helps to develop both physical and social skills for allof the young people involved. lt also helps to build community relations with our players and community volunteers. Playing baseball also helps the players develop skills in teamwork and sportsmanship. All Rookie League players participate in a Positive Lifestyle Program, which is designed to educate the children on the importance of strong values, good decision making and the dangers of drugs. ln 2008 the London Majo/s baseball team graciously partnered with us to provide more than just an organizational logo to our players. After several years of sponsorship with the Toronto Blue Jays things started to become complicated and expensive when we were faced with the escalating bus rental fees and late return trips from Toronto. Since 2008 the London Majors' have organized our players first training day at Labatt Park, provided pitchers for all of our games, host a free night for the kids to come out and watch a game at Labatt Park and host our final game. As well, the London Majors' provide, free of charge, 4 spots in their summer baseball traíning camp (1 week) to the previous year's winner of the sportsmanship award.
Without the support of the London Majors' the London Police Rookie League would not be the success that it is and we are grateful for your contribution to the community of London.
Sincerely,
PC Theresa Allott Coordinator- London Police Rookie League Baseball Program London Police Service
32 of 62 Signed Copies Available in the Clerk's Office
çl\ï (Sq\L{?\ - t foop6lonJ.tn nôa.rJrg. q"r.^ I the undersigned can attest to the fact that I live near Labatt"lù Park in London, Ontario and am OPPOSED to Summit Professional Baseball (USA Frontier League) using Labatt Park from ZO11-2016.
\
(Secretary's Nofe: A petition signed by approximately 280 lndividuals, opposed to Summit Professional Baseball usìng the Labatt Park, (the entire petitÌon is on file in the Citf; Clerk's Office)
33 of 62 Signed Copies Available in the Clerk's Office Emerald Ash Borer Strategy Presented to Community and Neighbourhoods Committee Tuesday, September 27, 2011
Presented by: Ivan Listar R.P.F. Manager of Urban Forestry 34 of 62 Planning Division Signed Copies Available in the Clerk's Office
Recommendations
• That, on the recommendation of the Executive Director - Planning, Environmental & Engineering Services, with the advice of the City Planner and the Manager of Urban Forestry:
• (i) the recommended Emerald Borer Management Strategy BE ADOPTED.
• (ii) the implementation strategy and associated funding as shown in the following table BE ENDORSED IN PRINCIPLE AND FORWARDED to the Services Review Committee and Council for the 2012 budget process.
• (iii) Civic Administration BE DIRECTED to explore potential sources of financing for this initiative and assess the impact on this source of financing should Council advance with 1:1 vs. 2:1 planting ratio; this information is to be presented to Services Review Committee. 35 of 62 Signed Copies Available in the Clerk's Office
Table 1. Recommended EAB Management Strategy Program and Costs (in thousands of dollars)
Removal Inventory Restoration and Plant 2:1 (Streets Removal Risk Inspections Coordination Treatme and Survey Rehabilitation (Streets and YEAR and Manic- (Wooded Park (Wooded Park (Administration, TOTAL nt (Wooded (Wooded Park Manicured ured Mark Areas) Areas) Education) Park Areas) Areas) Park Areas) Areas)
2012 184 145 50 715 100 1194
2013 109 187 145 50 30 751 100 1372
2014 191 145 20 30 828 100 1314
2015 115 195 145 20 30 828 100 1433
2016 199 145 20 30 869 1263
2017 122 203 145 30 912 1412
2018 207 145 30 1007 1389
2019 130 211 145 30 1005 1521
2020 215 145 30 1056 1446
2021 137 219 145 30 1108 1639
2022 0
2023 146 146
2024 0
2025 155 155 36 of 62 TOTAL S 914 2011 1450 100 60 270 9079 400 14284 Signed Copies Available in the Clerk's Office
Why EAB Is An Issue
Within the Urban Growth Boundary • 440,000 ash trees • 10% of all trees are ash • most common large shade tree species • 10,000 identified in boulevards and manicured parks
Outside Urban Growth Boundary • 240,000 in woodlands outside UGB • 2nd most common tree species
• Accounts for 9.5% of all the trees 37 of 62 Signed Copies Available in the Clerk's Office
Why EAB Is An Issue
• Ash accounts for approximately 10,000 or 6% of the total trees in the identified in the City’s inventory on boulevards and manicured portions of parks • London has 2,670 hectares of parks of which approximately 700 hectares are woodlands or wooded. • Some of these woodlands, such as those within the Thames Valley Corridor, often contain up to 30% ash trees.
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Why EAB Is An Issue
• There are approximately 122 km of managed trails within these parks. • More than half of the woodlands and wooded areas contain managed trails. • There are approximately 291 km of perimeter that often border subdivisions and commercial establishments.
39 of 62 Signed Copies Available in the Clerk's Office
Why EAB Is An Issue EAB is estimated to: • Kill most of our ash trees within the next 7-10 years • Reduce our urban leaf cover from 24.7 % to about 22.9% • Reduce our existing leaf cover by 7.2% • Reduce the structural value of our urban forest by $130 million • Significantly impact species biodiversity in wooded areas. • Cause significant property standards issues.
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Status of the Infestation • First found in October 2006 • First found sporadically • It was widespread at that time but we did not know it • Reliable detection methods were not available then
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Status of the Infestation • First found in October 2006 • First found sporadically • It was widespread at that time but we did not know it • Reliable detection methods were not available then
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Status of the infestation
• Some areas of the city are impacted more than others • This is due to the level of infestation and the large proportion of ash trees in the boulevards and parks • North and East are very advanced with respect to infestation levels & mortality • Other areas show less damage now but are none-the-less infested and
will show more impacts over time 43 of 62 Signed Copies Available in the Clerk's Office
Status of the Infestation
• Some parks and woodlands, such as Helen Mott Shaw Park, are severely infested
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The Need For A Revised Strategy
• Our EAB strategy has evolved since it was first identified and as the infestation has increased in size and damage.
• We have continually incorporated the most recent information and best management practices as they became available.
• The current management direction is based on previous levels of known infestation and damage in 2009, and is reactive. Ash trees are removed if they are seriously infested and pose a safety hazard or if they are dead.
• The insect infestation has expanded from “spot fires” to the level where current management approach and funding is insufficient to manage the
long issue. 45 of 62
Signed Copies Available in the Clerk's Office
The Need For A Revised Strategy
• Ash removals are currently funded out of existing operational funding for the planned tree maintenance program and from a reallocation of funds from existing woodland management capital accounts.
• Replanting of ash trees is funded out a special EAB planting capital fund that expires in 2013.
• Tree injections are currently funded from savings in existing capital accounts and projects.
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The Need For A Revised Strategy
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The Recommended Strategy
• The recommended strategy acknowledges that EAB is a serious and immediate threat to a significant portion to our urban forest both on public and private property. • It recognizes the need for continued and additional immediate, decisive and aggressive measures to protect and manage our boulevard, park, backyard and woodland tree assets. • These measures include:
• the continuation of the current tree injection program to protect high value specimens, • proactive removal of some live trees to allow for more orderly, efficient and cost effective removal and replanting programs, • rapid re-establishment of the leaf cover lost to EAB-induced mortality, • active management in woodlands, and wooded areas within parks
• support program to coordinate activities, improve communication and education48 of 62 and explore utilization options and research opportunities.
Signed Copies Available in the Clerk's Office
The Recommended Strategy The recommended strategy promotes a balanced, integrated approach to managing the EAB over long term that addresses: • Identification of management issues, • Risk management, • Detection, • Removals, • Utilization, • Restoration, • Replanting and reforestation, • Communication, education and outreach, • Research, and, • Funding.
It is based on the most current scientific and operational information 49available. of 62 Signed Copies Available in the Clerk's Office
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Importance of Replacing the Leaf Cover
The effects of the loss of a large tree are felt for many years. It will take many years to recover the current benefits we enjoy from our ash trees.
It takes @ 35+ years before trees are large enough to provide significant environmental benefits.
We will be losing many large trees and replacing them with small trees.
Replacing one large tree with a small tree is not an equal trade of benefits. 51 of 62 The environmental benefits are realized exponentially with the size, and number of trees and leaf area. Signed Copies Available in the Clerk's Office
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Questions?
53 of 62 Signed Copies Available in the Clerk's Office
From: Usher, Harold Sent: Monday, September 26, 2011 12:08 PM To: Mercier, Betty Cc: Fontana, Joe; Rowe, Linda Subject: For CNC Agenda - Banana hurling incident at the John Labatt Centre
Hi Betty,
Please add this Item to the CNC Agenda for Tomorrow.
A Racist Gesture on Thursday September 22, 2011 by someone hurling a BANANA at a Black Hockey Player (Canadian born Wayne Simmonds playing for the Philadelphia Flyers of the National Hockey League) at the John Labatt Centre in London thrusts the City of London a harsh Spotlight, internationally. This should not go by in SILENCE and the City, perhaps in partnership with its London Diversity and Race Relations Advisory Committee, the Police, and its “Illumination of Hate” Resources at LUSO, needs to come up with some action or statement to advise that such behaviour will not be tolerated in London.
Warmest personal regards,
Harold Usher, P. Eng., DTM
Councillor – Ward 12
Chair – Community and Neighbourhood Committee (CNC)
54 of 62 Signed Copies Available in the Clerk's Office
300 DufierinAvenue Office of the Mayor P.O. Box 5035 London, ON N6A4L9 London CANADA
September 23,2011
Dear Mr. Simmonds:
I am writing to you as Mayor and on behalf of Londoners. I trust you will not judge our city by the actions of one individual. London is a diverce and welcoming community and we are proud of that fac{.
We were very excited to have the Philadelphia Flyers and Detroit Red \Mngs choose to play their exhibition game at the John Labatt Centre. lt was a great start to our hockey season and it was meant to be a time of celebration, toplevel hockey ac'tion and good fun.
Unfortunately, the ac{ions of one person can tarnish the reputation of many and leave us all angry and offended.
I don't know what your feelings were at the time or what your impression of London is now. I can only imagine but I hope you rememberthe excitement of the game and the enthusiastic fans that came to get an up close look at real superstars.
Congratulations on a great goal. That was the ending that we were tooking for'and'what should have been the headlines in today's papers. I hope you visit London again and trust me either on or off the ice you'll experience a warm London welcome, because that's who we really are.
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Agenda lter¡r # flT--r ïñ¡ Ê l\r F
From: Team London, News Sent: Friday, September 29,2011 10:18 AM To: TLSend_All Subject: Media Release: Statement from Mayorfontana
For lmmediate Release - September 23,2011 Statement from Mayor Joe Fontana
As Mayor, and on behalf of Londoners, I am sending an apology to Wayne Simmonds and the Philadelphia Flyers organization regarding the incidãnt at iast ñignt'r garne. lt was a stupid and mindless act by a single individual, however it reflects badly-on ourentire"in¡nit¡on cómmunity. London is a diverse and welcoming city and we like it that way.
Media Contact: Jennifen Buchanan
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From: Usher, Harold Sent: Monday, September 26, 2011 12:21 PM To: Mercier, Betty Subject: Transgendered individual banned from the Trail’s End Farmers Market
Hi Betty,
Please add this Item to the CNC Agenda for Tomorrow.
The reported ban of a Transgendered individual from the Trail’s End Farmers Market seem to be turning into a Human Rights complaint. We should not stand by idly and allow these things to happen without some position. This appears to be a clear case of Discrimination. This should not go by in SILENCE and the City, perhaps in partnership with its London Diversity and Race Relations Advisory Committee, and its “Illumination of Hate” Resources at LUSO, needs to come up with some action, statement or recommendation to the City to advise that such behaviour will not be tolerated in London.
Warmest personal regards,
Harold Usher, P. Eng., DTM Councillor – Ward 12 Chair – Community and Neighbourhood Committee (CNC)
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6th REPORT OF THE LONDON HOUSING ADVISORY COMMITTEE
Meeting held on, September 14, 2011, commencing at 12:15 p.m.
PRESENT: B. Sexsmith (Chair), K. Butler, M. Connoy, D. Drennan, J. Malkin, D. Peckham, M. Stewart, and J. Martin (Secretary).
ALSO PRESENT: G. Matthews, S. Giustizia, and L. Stevens.
II YOUR COMMITTEE REPORTS:
2012 Revised 1. (3) That the London Housing Advisory Committee (LHAC) reviewed and Proposed Governance received a communication, dated June 10, 2011, from the City Clerk, with respect to Structure the revised proposed governance structure and heard a verbal update with respect to & Advisory the Advisory Committee Review from the Committee Secretary, on behalf of the City Committee Review Clerk. The LHAC requested the City Clerk provide clarification with respect to the reporting structure for the LHAC as well as the reporting relationship for Housing Mediation.
2012 Mayor’s 2. (4) That the London Housing Advisory Committee (LHAC) received a New Year’s Honour List communication dated June 29, 2011 from the City Clerk, with respect to the 2012 Mayor’s New Year’s Honour List. The LHAC deferred discussion to its October meeting. The LHAC Committee Secretary will provide members with the nomination form and members will provide the Chair with potential nominees by October 7, 2011.
2012 Budget 3. (5) That the London Housing Advisory Committee (LHAC) reviewed and Development received a communication dated August 11, 2011 from B. Westlake-Power with respect to the 2012 budget development. The LHAC asked that its budget be $750 for 2012.
2012 Housing 4. (7) That the London Housing Advisory Committee (LHAC) reviewed and Mediation Budget received a communication dated July 13, 2011, from G. Matthew with respect to the Support funding support request for the housing mediation service; it being noted that the LHAC supports Civic Administration’s continued support for the 2012 Housing Mediation Service.
CMHC 5. (14) That the London Housing Advisory Committee (LHAC) reviewed and London Housing received a communication with respect to the Canada Mortgage and Housing Outlook Corporation London Housing Outlook Seminar and approved registration for three of Seminar its members; it being noted that the LHAC has sufficient funds remaining in its 2011 budget to support this expense.
RRAP 6. (Added) That the London Housing Advisory Committee (LHAC) held a general discussion with respect to the upcoming changes to the Residential Rehabilitation Assistance Program (RRAP).
Community 7. (Added) That the London Housing Advisory Committee (LHAC) was advised Event Update (PPM) by L. Stevens and G. Matthews of upcoming Public Participation Meetings.
8. That the London Housing Advisory Committee (LHAC) received and noted the following:
4th and 5th (a) (1) the 4th and 5th Reports of the London Housing Advisory Committee Report of the LHAC (LHAC) from its meetings held on May 11, 2011, and July 13, 2011, respectively;
3rd Report of (b) (2) the 3rd Report of the Council Housing Leadership Committee from its the CHLC meeting held on May 10, 2011;
Letters of (c) (6, 16) communications dated June 21, 2011 and July 18, 2011 from S. J. Resignation from S. J. Fogarty and S. Courtice respectively, with respect to their resignations from the Fogarty and London Housing Advisory Committee; S. Courtice
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CMHC – (d) (8) a communication, dated May 30, 2011, from Canada Mortgage and Gradual Improvement Housing Corporation, with respect to London’s housing market gradual improvement in the Second in the second half of 2011; Half of 2011
LSTAR – May (e) (9) a News Release, dated June 2, 2011, from the London St. Thomas Market Improvement Association of Realtors®, with respect to May market improvement;
LSTAR – (f) (10) a News Release, dated May 11, 2011, from the London St. Thomas Local Realtor® Association of Realtors®, with respect to Local Realtor® wins national award; Wins National Award
LSTAR – July (g) (11) a News Release, dated August 3, 2011, from the London St. Thomas a Strong Month for Association of Realtors®, with respect to July a strong month for condos; Condos
LSTAR – (h) (12) a News Release, dated August 23, 2011, from the London St. Thomas 2011 LSTAR Scholarship Association of Realtors®, with respect to 2011 LSTAR Scholarship winners; Winners
LSTAR – (i) (13) a News Release, dated September 2, 2011, from the London St. Market Rebounds Thomas Association of Realtors®, with respect to market rebounds strongly in August; Strongly in and, August
Monthly (j) (15) a communication, dated August 15, 2011, from G. Kotsifas, P. Eng., Building Controls Director of Building Controls, with respect to the building divisions monthly report and Report for inspection workload summary for July 2011; it being noted that the LHAC asked their July 2011 Committee Secretary to investigate why the LHAC receives this report and if they are required to take action.
Next Meeting 9. That the London Housing Advisory Committee will hold its next meeting on October 12, 2011.
The meeting adjourned at 1:10 p.m.
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9th REPORT OF THE LONDON DIVERSITY & RACE RELATIONS ADVISORY COMMITTEE
Meeting held on September 15, 2010, commencing at 12:03 p.m.
PRESENT: M. Edwards (Chair), N. Buteau, Z. Elijah, S. Kassam, I. Silver and J. Martin (Secretary).
ALSO PRESENT: R. Howse, K. Husain, C. Lord, K. McManus, D. Stolarski, T. Tomchick-Condon and U. Troughton and C. Keller.
REGRETS: P. Shanahan, M. Singeris and L. Kowalchuk.
I YOUR COMMITTEE REPORTS:
Advisory 1. That the London Diversity & Race Relations Committee Advisory Committee (LDRRAC) heard a verbal update, with Review respect to the Advisory Committee Review, from the Committee Secretary on behalf of the City Clerk. The LDRRAC asked its Committee Secretary to provide them with the current LDRRAC Terms of Reference for review and the members were asked to provide all comments to the Committee Secretary for submission to the City Clerk, by its next meeting.
Community 2. That the London Diversity & Race Relations Updates Advisory Committee was advised of the following community updates and events by its members:
(a) the annual Council for London Seniors Multi-Cultural Picnic was a success;
(b) the Association Canadienne-Française de l'Ontario, (L'ACFO) Annual General Meeting;
(c) the 17th Annual Empowerment & Action Day;
(d) the Take the Pledge – The Pledge to End Bullying event;
(e) the United Way Harvest Lunch;
(f) Black History Month 2012;
(g) the Polish Festival; and,
(h) Doors Open.
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Education 3. (B,6) That the London Diversity & Race Relations Sub- Advisory Committee (LDRRAC) heard a verbal presentation Committee and received the attached reports from B. Howse, Chair, Education Sub-Committee, with respect to the “Breakfast with LDRRAC”; it being noted the LDRRAC asked its Committee Secretary to:
(a) reserve the City Hall cafeteria for Wednesday, October 26, 2011 and Thursday, November 10, 2011 from 7:30 to 9:30 am; and,
(b) invite Jeff Fielding, CAO, Jeff Tudhope, Specialist One, Labour Relations, Human Resources, City Councillors and up to an additional 7 city staff to each breakfast.
Policy & 4. (C) That the London Diversity & Race Relations Planning Advisory Committee (LDRRAC) heard a verbal presentation Sub- Committee from C. Keller, with respect to the City of London Human Resources Department’s participation in the development of a “tool kit” with the Canadian Coalition of Municipalities Against Racism & Discrimination (CCMARD).
Nominations 5. (E) That the London Diversity & Race Relations Advisory Sub- Committee (LDRRAC) heard the following updates from the Committee nominations sub-committee:
(a) a verbal update from N. Buteau with respect to the 2012 Mayor’s New Year’s Honour List. The LDRRAC deferred discussion to its October meeting. The LDRRAC asked its Committee Secretary to provide members with the nomination form and members will provide potential nominees by October 7, 2011; and,
(b) a verbal update from I. Silver with respect to the Good Citizenship Award.
6. (Added) That the London Diversity & Race Relations Advisory Committee (LDRRAC) had a general discussion with respect to going paperless.
7. That the London Diversity & Race Relations Advisory Committee received and noted the following:
8th Report of (a) (1) the 8th Report of the London Diversity & Race the LDRRAC Relations Advisory Committee from its meeting held on July 21, 2010;
International (b) (2) a Municipal Council resolution adopted at its Day to meeting held on July 25, 2011 with respect to the International Eliminate Racism Day to Eliminate Racism;
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2012 Budget (c) (3) a communication dated August 11, 2011 from B. Development Westlake-Power with respect to the 2012 Budget Development;
LDRRAC (d) (4) a communication dated July 21, 2011 from U. Resignation Shabazz, with respect to his resignation from the London Diversity & Race Relations Advisory Committee (LDRRAC) noting that the LDRRAC asked its Committee Secretary to send a letter of thanks to U. Shabazz;
License to (e) (5) a communication dated August 2011 from the Hon. Succeed Jean Augustine, PC, CM, Fairness Commissioner, Office of the Annual Report 2010- Fairness Commissioner with respect to the 2010-2011 License 2011 to Succeed Annual Report.
Next Meeting 8. That the London Diversity & Race Relations Advisory Committee will hold its next meeting on October 20, 2011.
The meeting adjourned at 12:40 p.m.
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