A G E N D A COMMUNITY AND NEIGHBOURHOODS COMMITTEE
Council Chambers Tuesday, 4:00 p.m. Second Floor, City Hall September 27, 2011
VISION LONDON - LONDON, THE FOREST CITY
We are a caring, responsive community committed to the health and well-being of all Londoners. The actions we take will be socially, environmentally and fiscally responsible so that our quality of life is enhanced and sustained for future generations. Our people, heritage, diverse economy, strategic location, land and resources are our strengths.
MEMBERS OF THE COMMITTEE
Councillor Harold Usher (Chair) Councillor Bill Armstrong Councillor Matt Brown Councillor Stephen Orser Councillor Paul Van Meerbergen Betty Mercier (Secretary) Mayor Joe Fontana (ex-officio)
PART 1 DISCLOSURES OF PECUNIARY INTEREST
PART 2 SCHEDULED ITEMS
4:00 p.m. CONSENT ITEMS #1 to #8
4:15 p.m. Manager, Urban Forestry – Emerald Ash Borer Update COMMUNICATION #13
4:45 p.m. D. Martin, President, General Manager, Summit Professional Baseball COMMUNICATION #12
5:00 p.m. S. Dart, President/Owner and R. Chanderdat, General Manager/Owner – London Majors Baseball COMMUNICATION #12
PART 3 CONSENT ITEMS
1. City Clerk – 6th Report of the London Housing Advisory Committee.
2. City Clerk – 9th Report of the London Diversity Race Relations Advisory Committee.
3. Director of Social and Community Support Services – Ontario Works Caseload Update for May 2011 to August 2011.
4. Director of Social and Community Support Services – Ontario Works Participant Profile, July 2011.
5. Director, Environmental Programs and Solid Waste – Update on Rethink Energy London – Online Citizen Engagement Pilot Program.
6. Director, Environmental Programs and Solid Waste – Status – Addressing Public Comments and Direction – Expanding the Scope of Animal Welfare Initiatives.
7. R. Amini, President, London Taxi Association – Alternative Proposed Taxi/Limousine By-law September 2011.
8. Dr. E. Hoskins, Ministry of Citizenship and Immigration – June Callwood Outstanding Achievement Award for Voluntarism in Ontario.
C.N.C. - 2
PART 4 ITEMS FOR DIRECTION
9. Director of Social and Community Support Services – Reducing the Cost of Cashing Government of Ontario Cheques and Simplifying Access to Mainstream Financial Services.
10. Director of Building Controls and Chief Building Official – 339 Commissioners Road West – Property Standards Related Demolition.
11. Director, Environmental Programs and Solid Waste – Request for Expressions of Interest for Partnership in Biogas Utilization.
12. Director of Parks and Recreation – Summit Professionals Baseball LLC (Frontier League Professional Baseball) License Agreement for Use of Labatt Park.
13. Executive Director, Planning, Environmental and Engineering Services – Emerald Ash Borer Management Strategy.
14. Fire Chief – Business Intelligence Program.
PART 5 DEFERRED MATTERS (not attached to this agenda)
PART 6 CONFIDENTIAL (No Confidential Appendix Included on this Agenda)
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
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.
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.
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;
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.
LDRRAC EDUCATION COMMITTEE Notes from the 2011 July l1 Meeting
Attendance: J. Robinson, M. Singeris, U. Troughton, B. Howse, L. Kowalchuk Regrets: l. Silver
1. Education Ctte members agree that LDRRAC's mandate does notextend to the LTC, Police Commission or other such bodies governing City services. We, therefore, are opposed to inviting representatives of such bodies to the'BreaKast with LDRRAC'events. 2. ln preparation for the events, we need to package LDRRAC brochures in various languages, the Diversity Policy and a one-page overview of LDRRAC's educational activities over the past 6 years. 3. Dates: Jackie is requested to contact the Mayor's office to find 1 October and 1 November date from the list of our available dates below, on which he will commit to attend our breaKast events. Once the Mayor has committed, we will invite up to 6 City Councillors, Jeff Fielding, the HR Manager and additional City Hall staff to each breakfast. Our available dates are: Wed., October 19; Wed., October 26 or Thursday, October 27 and Wednesday, November g or Thursday, November 10. 4. BreaKast format = up to 50 people per breakfast. We hope that all LDRRAC members will attend both breaKasts. We intend to structure table 0f 8 groupings to have 1 LDRRAC facilitator and 1 LDRRAC note taker and a mix of other attendees. We will create a poster to place at the end of the continental breakfast pick-up line to direct attendees to their respective tables. 5. RSVP - We will request that each person invited respond by a deadline of 2 weeks in advance of each confirmed date. 6. Theme = Diversity Fonruard Together, with the subtitle: Breakfast With LDRRAC. Jackie: Please contact the City Hall Communications Department to request its assistance with the design and production of the invitations. 7. Event format - We will follow the TVDSB's 'community consultation' format with facilitators trained to encourage discussion at the table groups. Discussion questions will be provided, as per the June LDRRAC Ed Ctte report. A brief training session for the facilitators will take place in conjunction with the September LDRRAC meeting. L HR - Jackie: Please find out which HR staffer has taken over the portfolio previously handled by Rose Lutman. We would welcome that person's participation in planning the breakfasts. We would also like you to be part of our planning group. 9. The next meeting of the Education Ctte will take place on Thursday,2011 September 08 at 10 a.m. in Becky's office. .ôç*ne*a lleltlt # træge # LDDRAC EDUCATION COMMITTEE Notes from the 2011 September 08 Meeting E/4*ilî*l 1"._":: -*l Attendance: U. Troughton, J. Robinson, M. Singeris, l. Silver, B. Howse Regrets: L. Kowalchuk
1. The 'Breakfast with LDRRAC' events are scheduled for Wednesday, 2011 october 26 and rhursday,2011 November 10 @T:30 a.m. in the City Hall cafeteria. Jackie is requested to book the cafeteria to be set up with a head table and 6 round tables of 8 place settings and to order the continental breakfast for 50 for each date. Please have Rhonda Bruxer contact Becky by email or phone to discuss the menu. 2. We need 5 table discussion facilitators and 6 recorders. Jeff, Mary, lan and Becky will be facilitators. Becky will ask Meredith and Terry to be the additional facilitators. She will call for 12 additional volunteers from LDRRAC to be the 6 recorders required at each breakfast. 3. Becky will prepare and bring to the September LDRRAC meeting a sheet on which members can sign up to attend the breakfasts and to indicate their willingness to be a recorder. 4. Jackie is requested to invite up to 7 City Hall staff which must include Jeff Fielding and the HR Manager to attend each breakfast. We hope that Jeff and the HR Manager can attend both breakfasts. 5. Education Committee members will provide a training session for all facilitators on Tuesday,2011 September 20 @ 12.30 - 1:30 p.m. in Becky's office at Wheable. 6. The agenda for both breakfast events will be as follows: 7:30 a.m. Continental breakfast 7:45 Welcome and introductions - M. Edwards, P. Shanahan Description of facilitated discussion process - J. Robinson 7:55 Table group discussions 8:30 Thank all participants - B. Howse 7. Questions for facilitated discussion: a) What does 'advisory' mean to you? o When does'advice' become'direction'? b) On what topics or programs do you wish LDRRAC to provide advice to City Councillors? . Guest presenters - How should LDRRAC get information presented to City Councillors? c) How should LDRRAC's input be communicated to be useful to you? . Should City Councillors receive LDRRAC agendas with a standing invitation to attend LDRRAC meetings to see/hear presentations? 8. The facilitator training will cover: . How to facilitate . Sub-questions to encourage discussion . Time-keeping - 15 minutes per question o Prevention of domination by 1 speaker o Discussion end - thanks to all table participants Agenda Item # Page # □ □
TO: CHAIR AND MEMBERS COMMUNITY AND NEIGHBOURHOODS COMMITTEE MEETING ON SEPTEMBER 27, 2011
FROM: CINDY HOWARD DIRECTOR OF SOCIAL AND COMMUNITY SUPPORT SERVICES COMMUNITY SERVICES DEPARTMENT
SUBJECT ONTARIO WORKS CASELOAD UPDATE FOR MAY 2011 TO AUGUST 2011
RECOMMENDATION
That, on the recommendation of the Director of Social and Community Support Services, with the concurrence of the Executive Director of Community Services, the following report BE RECEIVED for information purposes.
PREVIOUS REPORTS PERTINENT TO THIS MATTER
With some exceptions, starting in 2002 until June 18, 2007, Ontario Works Caseload information reports were submitted to the Community and Protective Services Committee.
As of September 24, 2007, the Social Assistance Trends Quarterly Report replaced the Ontario Works Caseload report.
As of January 2009, the Ontario Works Caseload Update Report is provided to monitor caseload size and activity on a more frequent basis.
BACKGROUND
ONTARIO WORKS CASELOAD, MAY 2011 to AUGUST 2011
The following are the updated highlights of our Ontario Works caseload and related performance indicators for May to August 2011.
Caseload
The Ontario Works 2011 year to date average monthly caseload is 10,953. This is 3.5% lower than budgeted for this time period.
Caseload expenditures (net) are estimated to be within budget for 2011.
The caseload is lagging economic trends with a 2% overall caseload increase in 2011 compared to 2010.
Our caseload is forecasted based on a model that is similar to what is used by the Province except that we use local data. Our model takes into account unemployment rates, economic forecasts, caseload dynamics (entering and exiting the caseload), historical caseload information, and policy and program changes.
Agenda Item # Page # □ □
Unemployment Rate and Ontario Works Caseload, January 2008 to July 20111
12,000 12 10 8,000 8 6 4,000 4 2
0 0
MonthlyCaseload Unemployment Rate
Month and Year
OW caseload Unemployment Rate (seasonally adjusted)
History suggests that high caseloads may persist even after unemployment starts to decline.
Caseload Dynamics and Performance Indicators
Caseload dynamics and employment outcomes for May to August of 2011 show some positive signs. There were more people applying for Ontario Works than for the same months in 2010; however the number of people actually entering the caseload declined. Although the total number of participants exiting the caseload was lower in 2011 compared to 2010, the number of participants with earnings and the number of participants exiting to employment increased in 2011.
In the four month period covered by this report there was a steady climb in the Ontario Works caseload culminating with a spike in July followed by a significant decline in August The Ontario Works caseload increased by 249 cases in July 2011 bringing it to 11,289. This increase was influenced by the Province’s decision to suspend “holds” on Ontario Works cheques during the Canada Post strike. As anticipated a correction occurred in August 2011 with the Ontario Works caseload decreasing by 352 cases to 10,937.
An average of 1,027 people per month applied for Ontario Works in May to August 2011. This is 11.4% higher than for the same months in 2010.
An average of 714 people per month entered the caseload in May to August 2011. This is 1.1% higher than for the same months in 2010.
Caseload growth for May to August 2011 differs by family type: the sole support caseload has increased as a proportion of the total caseload and the couples and singles caseload has declined.
Figure: Caseload by Family Type, May to August 2008, 2009, 2010 and 2011
6,000 5,000 2008 4,000 2009 3,000 2,000 2010
Number of Cases of Number 1,000 2011 0 couples singles sole support temporary care
Family Type
From May to July 2011 (the most recent data available at the time of this report), 8.2% more people gained employment than during these same months in 2010. Some people gaining employment remain on the caseload while others are able to exit.
Agenda Item # Page # □ □ Labour Market Indicators
Employment in the London Census Metropolitan Area (CMA) for 2011 has generally reflected an economy that has managed to remain relatively stable. The London CMA includes: London, St. Thomas, Townships of Middlesex Centre, Thames Centre, Central Elgin, Southwold and Strathroy-Caradoc.
Labour Force Survey seasonally adjusted figures for the London CMA (August 2011) indicate that compared to August 2010: The number of people in the labour force who are employed has decreased by 2,000 or 0.8% to 243,000; and The number of people in the labour force who are unemployed has increased by 1,800 (8.2%) to 23,700.
In June 2011 (the most recent data available at the time of this report), 5,320 people received regular Employment Insurance (EI) benefits in the London CMA. This is 21.9%% lower than in June 2010.
As a result of the relatively stable unemployment rate in the London Area over the past few months, the number of hours needed to qualify for EI remains at 595. The maximum number of weeks that EI can be claimed in London remains at 42. The number of hours needed to qualify and the maximum number of weeks that benefits may be claimed is adjusted monthly based on local unemployment rates.2
The Conference Board of Canada’s Summer 2011 forecast for the London CMA shows positive signs of recovery, albeit at a modest rate and lower than previous projections: Total employment to increase by 0.4% in 2011 and 2.1% in 2012; Lower unemployment rates in both 2011 and 2012. Unemployment rates are expected to be 8.2% in 2011 and 7.1% in 2012; and Following a 4.7% decline in 2009, London’s GDP is predicted to expand by 1.7% in 2011 and 2.5% in 2012 based on a rebound in new home construction.
FINANCIAL IMPACT
The 2011 budget is based on a twelve month average of 11,500 cases.
Net caseload expenditures for January to August 2011 are forecasted to be under budget by $720,412 or 6.0%.
Financial Impact: Estimated Caseload Expenditures (January to August, 2011)
2011 2011 2011 Difference from Budget Actual Budget to Actual Total Gross $63,305,722 $59,622,801 $3,682,921 Expenditures Net (18.8%) $11,901,476 $11,181,064 $720,412 Average Case Gross $697 $680 $17 Cost Net (18.8%)3 $131 $128 $3
CONCLUSION
It is generally accepted that the unemployment rate is an indicator of caseload, however a number of other variables also impact caseload such as social assistance policy changes and changes to other policy areas such as employment insurance. Unless there are some significant policy changes, we can anticipate that even with slow improvement to the economy the caseload will continue to remain high.
Agenda Item # Page # □ □
SUBMITTED BY:
Elisabeth K. White Manager, Employment & Strategic Initiatives Social and Community Support Services Community Services Department
RECOMMENDED BY: CONCURRED BY:
Cindy Howard, Director Ross L. Fair Social and Community Support Services Executive Director Community Services Department Community Services Department Prepared by: Randy MacTaggart, Community Planning and Research Associates with the support of Gail Devito, Momodou Jeng and Anna Oliveira c. Anna Lisa Barbon, Manager, Financial & Business Services Elaine Sauve, Program Supervisor, Ministry of Community and Social Services Momodou Jeng, Manager, Social Research and Planning Agenda Item # Page # □ □ Appendix Social Assistance Caseload Size4
The number of individuals and households participating in Ontario Works Program are average monthly figures.
Caseload Size 2011 2010 Percent Change Percent Change Caseload Caseload Previous Month 2010 to 2011 January 10,810 10,704 5.4% 1.0% February 10,786 10,634 -0.2% 1.4% March 10,925 10,826 1.3% 0.9% April 10,856 10,819 -0.6% 0.3% May 10,977 10,824 1.1% 1.4% June 11,040 10,793 0.6% 2.3% July 11,289 10,721 2.3% 5.3% August 10,937 10,715 -3.1% 2.1% September 10,679 October 10,382 November 10,277 December 10,259
Beneficiaries 2011 2010 Percent Change Percent Change Beneficiaries Beneficiaries Previous Month 2010 to 2011 January 23,453 23,663 4.4% -0.9% February 23,328 23,032 -0.5% 1.3% March 23,660 23,377 1.4% 1.2% April 23,740 23,374 0.3% 1.6% May 23,826 23,423 0.4% 1.7% June 24,023 23,411 0.8% 2.6% July 24,179 23,351 0.6% 3.5% August 23,827 23,504 -1.5% 1.4% September 23,528 October 22,891 November 22,555 December 22,466
Caseload Dynamics5 2011 Eligibility Number Exits Incoming Applications Month % of Finding Calls Total Total % of Caseload Caseload Employment* January 1,510 1,212 847 7.8% 281 427 4.0% February 1,467 898 691 6.4% 254 707 6.6% March 1,682 974 692 6.3% 294 685 6.3% April 1,453 951 558 5.9% 362 654 6.0% May 1,789 1,108 820 7.5% 341 772 7.0% June 1,547 1,037 704 6.4% 317 756 6.8% July 1,624 937 631 5.6% 292 647 5.7% August TBD 1,027 699 6.4% TBD 933 8.5% September October November December *Number finding employment is as of August 19, 2011 report Agenda Item # Page # □ □ 2010 Eligibility Number Exits Incoming Applications Month % of Finding Calls Total Total % of Caseload Caseload Employment* January 1,592 1,148 787 7.4% 215 452 4.2% February 1,462 977 738 6.9% 224 765 7.2% March 1,636 951 748 6.9% 262 734 6.8% April 1,527 896 596 5.5% 272 674 6.2% May 1,305 927 696 6.4% 306 762 7.0% June 1,302 914 730 6.8% 285 810 7.5% July 1,181 916 735 6.9% 287 794 7.4% August 1,106 931 664 6.2% 823 7.7% September 1,227 916 736 6.9% 841 7.9% October 1,165 841 592 5.7% 868 8.4% November 1,267 902 632 6.1% 817 7.9% December 1,004 796 598 5.8% 597 5.8% *Number finding employment is as of August 18, 2010
Caseload Profile6 2011 Month Family Profile Children ODSP Time on Participating Assistance Sole Temporary in OW Couples Singles total 0 to 6 7 to 12 13 to 17 (months) Support Care Employment January 23.3% 47.2% 26.9% 2.6% 6,934 3,457 2,004 1,473 24.8 290 February 23.2% 47.6% 26.8% 2.6% 6,923 3,457 1,994 1,472 24.9 283 March 23.1% 47.7% 26.7% 2.6% 6,953 3,469 2,018 1,466 24.8 283 April 23.3% 47.3% 26.8% 2.6% 6,915 3,453 2,015 1,447 25.2 278 May 23.3% 47.5% 25.7% 2.5% 6,959 3,494 2,017 1,448 25.0 261 June 23.2% 47.5% 26.8% 2.5% 6’936 3,492 2,008 1,436 25.1 255 July 22.9% 48.0% 26.7% 2.5% 6,936 3,483 2,008 1,445 25.3 247 August 23.1% 47.0% 27.6% 2.3% 6,978 3,533 2,019 1,426 25.6 241 September October November December
2010 ODSP Month Family Profile Children Time on Participating Assistance Sole Temporary in OW Couples Singles total 0 to 6 7 to 12 13 to 17 (months) Support Care Employment January 22.9% 47.4% 26.7% 2.7% 6,949 3,467 2,048 1,434 22.2 468 February 23.3% 47.5% 26.6% 2.6% 6,952 3,467 2,053 1,432 22.5 457 March 23.2% 47.7% 26.4% 2.7% 7,038 3,496 2,075 1,467 22.7 441 April 23.3% 47.5% 26.5% 2.7% 7,028 3,495 2,071 1,462 23.2 470 May 23.3% 47.5% 26.6% 2.7% 7,035 3,496 2,075 1,464 23.4 423 June 23.4% 47.0% 26.8% 2.7% 7,048 3,523 2,072 1,453 23.5 406 July 23.5% 46.7% 27.1% 2.7% 7,051 3,527 2,080 1,444 23.9 453 August 23.7% 46.1% 27.2% 2.7% 7,120 3,573 2,080 1,457 24.2 444 September 23.8% 45.7% 27.7% 2.8% 7,078 3,531 2,091 1,456 24.4 423 October 23.8% 45.9% 27.4% 2.9% 6,928 3,435 2,052 1,441 25.0 311 November 23.7% 46.1% 27.5% 2.7% 6,807 3,407 1,975 1,425 25.2 297 December 23.5% 46.3% 27.5% 2.7% 6,799 3,397 1,990 1,412 25.3 296
Agenda Item # Page # □ □ Labour Market Indicators
Labour Market and Employment Insurance figures are available for the London Census Metropolitan Area (CMA). The London CMA includes: London, St. Thomas, Townships of Middlesex Centre, Thames Centre, Central Elgin, Southwold and Strathroy-Caradoc.
Employment Insurance7
Regular8 EI Beneficiaries Jan Feb March April May June July Aug Sept Oct Nov Dec 2011 7,880 8,040 8,300 6,440 5,660 5,320 TBD TBD 2010 9,410 9,430 9,770 7,680 7,040 6,810 7,840 8,280 6,310 5,510 5,840 7,020 2009 9,450 9,970 12,720 9,350 9,020 9,350 11,290 10,010 7,010 6,800 7,130 8,000 2008 5,550 5,450 6,000 5,930 4,590 4,190 5,950 5,900 4,100 4,270 5,390 7,440 Source: Statistics Canada.
Labour force characteristics, seasonally adjusted, by census metropolitan area (3 month moving average) (London, Ont.)
July August July 2011 August July 2011 August 2011 2011 to August 2010 to to August 2010 to 2011 August 2011 August 2011 2011
thousands change (thousands) % change
London (Ont.)
Population 412.1 412.4 0.3 4.3 0.1 1.1
Labour force 263.8 266.7 2.9 -0.2 1.1 -0.1
Employment 239.7 243.0 3.3 -2.0 1.4 -0.8
Unemployment 24.0 23.7 -0.3 1.8 -1.3 8.2
Unemployment rate (%) 9.1 8.9 -0.2 0.7 … …
Participation rate (%) 64.0 64.7 0.7 -0.7 … …
Employment rate (%) 58.2 58.9 0.7 -1.1 … …
Note: Population 15 and over. Sources: Statistics Canada, CANSIM, table (for fee) 282-0116 and Catalogue no. 71-001-XIE. Last modified: 2011-09-09.
Agenda Item # Page # □ □ Data Sources and Definitions
1 Statistics Canada Labour Force Survey data as reported on the Labour Market Information report distributed by Service Canada.
2 2 While no direct relationship between low EI benefit rates in recessionary periods and increased social assistance caseloads has been established, there is anecdotal evidence which suggests that provincial social assistance fills some of the gap that occurs when EI is not working well. Source: Medelsohn, M. & Medow, J. Help Wanted. How Well did the EI Program Respond During Recent Recessions. School of Public Policy & Governance University of Toronto. Mowat Centre for Policy Innovation. Mowat Note. September 2010.
3 Note: Net share has reduced to 18.8% which reflects the second year of the Provincial upload of OW benefits. There are some cases funded 100% by the Province. For this reason, net is less than the 19.4% of the actual gross. Average Case Cost excludes Transition Child Benefit.
4 Source: London Ontario Works: SDMT Form 5 Report
5 Definitions and Data Sources: Incoming Calls- The number of calls made to London's Intake Unit, including inquiry and application calls for London and Middlesex. Internal Report
Applications- The number of applications where an SDMT record was created for London by any office in Ontario. SDMT Intake Performance Report - Verification, (SIE400M) - number screening
Eligibility- The number of individuals and households who are eligible for assistance following a verification interview. Intake Tracking Report - (SIE100M) – Date Granted
Number Finding Employment - The number of Ontario Works participants who started employment /self- employment through employment assistance services. This figure is subject to change. January to May - reflects data as of the second Friday of the month. June to December – reflects data as of the third Friday of the month.
Number with Earnings – The number of Ontario Works participants with earnings currently on the City of London’s caseload. Excludes participants who have left Ontario Works but are receiving Extended Employment Health Benefits (EEHB). Data source: MCSS. Ontario Works Employment Assistance Outcome Data Report. Employment Outcome Measure 2A. Percentage of Caseload with Employment Income.
Total Exits- The number of individuals and households leaving assistance every month for any reason, including reasons such as “missing information”. Many who leave for this type of reason are reinstated within two weeks. SDMT Terminations Detail Report (SPR160M)
6 Data Sources: Family Profile - Form 5 Caseload Statistics, Finance Children - Benefit Unit Summary Report, SAR 140M ODSP Participating in Ontario Works Employment – ODSP Participants Participating in Ontario Works Employment Programs as at the end of the month. Internal Report provided by Ontario Works Time on Assistance - Benefit Unit Summary Report, SAR 140M
7 Source: Statistics Canada. Table 276-0009 - Employment Insurance Program (E.I.), beneficiaries by province, census metropolitan areas, census agglomerations and sex, monthly (persons), CANSIM (database). http://cansim2.statcan.ca/cgi-win/cnsmcgi.exe?Lang=E&CANSIMFile=CII\CII_1_E.htm&RootDir=CII/
8 Regular excludes maternity, sickness, parental, et cetera benefit claims
Agenda ltem # Page #
CHAIR AND MEMBERS TO COMMUNITY AND NEIGHBOURHOODS COMMITTEE MEETING ON SEPTEMBER 27,2011 CINDY HOWARD FROM DIRECTOR OF SOCIAL AND COMMUNITY SUPPORT SERVICES COMMUNITY SERVICES DEPARTMENT
SUBJEGT: ONTAR¡O WORKS PARTICIPANT PROFILE, JULY 2OI1
RECOMMENDATION
That, on the recommendation of the Director of Social and Community Support Services with the concurrence of the Executive Director of Community Services, the following report BE REGEIVED for information purposes.
PREVIOUS REPORTS PERTINENT TO THIS MATTER
a Profile of Ontario Works Participants (March 2004; September 2007; September 2008; September 2009; September 2010)
BACKGROUND
Annually, the Community Services Department provides the Community and Neighbourhoods Committee (CNC), formerly the Community and Protective Services Committee (CPSC) with a profile report of the Ontario Works caseload (Appendix A). This profile provides the City of London, Municipal Council, and the broader community with Ontario Works caseload information needed to allow for good planning and trend analysis.
The data for this profile report is provided by Ministry Reports as well as by a local extract of information captured in Ontario Works Service Delivery Model Technology (SDMT). Local extract data for this report is consistently pulled on the third Monday in July.
There are four sections to the 2011 Participant Profile Report: . Section 1: lnformation on the total caseload . Section 2: lnformation on selected populations . Section 3: Trends . Section 4: Detailed data tables
PARTICIPANT PROFILE REPORT H¡GHLIGHTS
General Gaseload Description
The following summary profile provides a general picture of the 20'1 1 caseload: . ln the first half of 2011: o Almost 11,000 households, representing approximately 24p00 people received Ontario Works assistance each month. This represents 6.6 per cent of London's population; and o 47 per cent of these households were single individuals. Agenda ltem # Page #
a ln July: o The majority of households participating in Ontario Works lived in the N5V, NsW, N5Y, and N5Z postal code areas which correspond to the Carling, Argyle, Glen Cairn and Huron Heights planning districts. Almost nine out of ten rent from the private market; o The age profile of female applicants on the caseload was younger than the age profile of male applicants; o About two thirds of all people receiving benefits were adults and one third were children under the age of 18 years; o Thirty-five per cent of households were families with children. Most families with children were single parent families; o Almost half of the approximately 7,000 children living in households that participated in Ontario Works were under the age of 7 years; o Over half of the applicants report achieving high school education or higher; and o Fifty five per cent of the households had been receiving assistance for over one year. Of these, 63 per cent had been receiving assistance for a period of 2 years or longer.
Breakdown of Caseload by Selected Populations
While a general description of London's Ontario Works caseload is provided, in reality the caseload is heterogeneous in a number of ways. The chart below provides an overview of some of the populations that may have distinct and unique characteristics and needs.
Caseload Size by Selected Populotîon, July 2077
Assistance 12 months plus
Assistance less than 12 months
With Less than Grade 12
46 to 65 year olds
36 to 45 year olds
22to35 year olds
18 to 21 year olds lmmigrant on Longer than 11 Months lmmigrant Single Male
Sole Support
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 Number of Cases Based on aver¿tÊe caseload of 10,906
Trends
Since 2006, the year that caseload was at its lowest size since the late 1980's, the caseload has increased by 46 per cent. Most of this growth is due to growth in the number of single individuals receiving Ontario Works. Growth was driven more by the increase in the number of people entering the caseload than by a change in the number of people exiting the caseload.
Highlights of data available since 2007, the first year that much of the local profile data could be extracted and the first year of caseload growth include: . For the last two years, households on the caseload have been receiving assistance longer than in previous years; . The number of 18 to 21 year olds and the number of 46 to 65 year olds has increased more than other age groups on the caseload; ¡ The number of children living in families receiving assistance increased by 19 per cent, with the number of 0 to 6 year olds growing more than other age groups; and . Landed immþrants and refugee claimants have comprised between 14per cent and 16 per cent of the caseload over the past five years. Agenda ltem # Page #
Data on employment outcomes have been available since 2005. Since 2009, employment outcomes have improved. For example, the number of people ga¡ning employment and the number of cases leaving Ontario Works with employment since have increased.
Full Report
The full participant profile report "City of London Ontario Works 2011 Pafticipant Profile" can also be found on the City of London Research & Community Building Launch Pad (www.london.ca/launchpad) in the Local Reports section.
FINANCIAL IMPACT
There are no financial implications resulting from this report.
Acknowledgments Prepared by Gerda Zonruiter, Community Planning and Research Associate with the support of Randy MacTaggart, Community Planning and Research Associate.
SUBMITTED BY:
ELISABETH K. WHITE MANAGER, EMPLOYMENT & STRATEGIC INITIATIVES SOCIAL & GOMMUNITY SUPPORT SERVICES COMMUNITY SERVICES DEPARTMENT
REGOMMENDED BY: CONCURRED BY:
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CINDY HOWARD ROSS L. FAIR DIRECTOR EXECUTIVE DIRECTOR SOCIAL & COMMUNITY SUPPORT COMMUNITY SERVICES DEPARTMENT SERVICES GOMMUNITY SERVICES DEPARTMENT c. Momodou Jeng, Manager, Social Research and Planning Lynne Livingstone, Director, Neighbourhood and Children's Services Elaine Sauve, Program Supervisor, Ministry of Community and Social Services Agenda ltem # Page #
APPENDIX A
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TO: CHAIR AND MEMBERS COMMUNITY AND NEIGHBOURHOODS COMMITTEE MEETING ON SEPTEMBER 27, 2011
FROM: JAY STANFORD, M.A., M.P.A. DIRECTOR, ENVIRONMENTAL PROGRAMS & SOLID WASTE
SUBJECT: UPDATE ON RETHINK ENERGY LONDON – ONLINE CITIZEN ENGAGEMENT PILOT PROJECT
RECOMMENDATION
That, on the recommendation of the Director, Environmental Programs and Solid Waste, the following report BE RECEIVED for information.
PREVIOUS REPORTS PERTINENT TO THIS MATTER
Relevant reports that can be found at www.london.ca (City Hall, Meetings) include:
Report to the October 20, 2010 Board of Control (BOC) Meeting: Federation of Canadian Municipalities Green Municipal Fund – Grant Agreement for Energy Modeling and Mapping Project (Agenda Item #11).
Report to the November 2, 2009 Environment and Transportation Committee (ETC) Meeting: Rethink Energy London – A Community Engagement and Action Plan for Sustainable Energy (Agenda Item #8).
BACKGROUND
PURPOSE
The purpose of this report is to provide the Community and Neighbourhoods Committee (CNC) with an update on the Rethink Energy London community engagement and action plan, specifically for the pilot implementation of a new citizen engagement process.
CONTEXT
Rethink Energy London was launched in December 2009 in order to review and update the City of London’s strategic direction for managing the converging issues of energy use and conservation, air quality and climate change. Rethink Energy London is a community engagement and action plan to increase public awareness, encourage stakeholder action & commitment, and seek stakeholder input for future programs & initiatives; for action on sustainable energy and reduction in greenhouse gas (GHG) emissions that create local financial and economic benefits.
Rethink Energy London covers a broad range of topics under four main themes – Our Homes, Our Neighbourhoods, Our Transportation, and Our Economy. Each of these topics involves engaging different sets of stakeholders in addition to citizens-at-large. Rather than trying to run an engagement and action plan that addresses each topic simultaneously, staff have been staging the engagement process over an eighteen month period so that themes are introduced when they are likely to gain the most awareness in London. City staff are approximately three-quarters of the way through our public engagement process.
Under Rethink Energy London, City staff have been meeting stakeholders at their own meetings and events, and at workshops, seminars and conferences. Rethink Energy London has been promoted at numerous public events. To reach other audiences, City staff made use of relationships with local media, including regular appearances on Rogers Daytime’s Green Segment and the former CJBK’s Eco Show.
City staff have tested out web-based tools for engaging the public, such as the use of a web survey, a web discussion forum, and online calculators. As of July 2011, we have had the following results:
2,800 visits to the main Rethink Energy London webpage - www.london.ca/rethinkenergy 1,000 visits to the Zerofootprint London landing page 40 registered members of the Rethink Energy London discussion forum
Agenda Item # Page # 2
However, where staff have been less successful has been in obtaining documented input from citizens on their opinions and ideas for moving forward on sustainable energy and climate change issues. The online web survey obtained initially about 200 responses, however the number of respondents was too small, insufficient and thus invalid from an analysis perspective. The discussion forum managed to obtain 40 registered participants, however this was insufficient to provide the critical mass required for sustaining an ongoing exchange of ideas with citizens. Also, relentless spam postings on the discussion forum rendered it unusable. The use of the City’s Facebook and Twitter accounts for Rethink-specific topics also generated limited feedback from followers of social media.
DISCUSSION:
The project identified below, first brought to CNC’s attention in February 2011 (now called London’s Roundtable on the Environment and the Economy), is the last major community outreach project as part of the Rethink Energy London community action and engagement process. There will be continued involvement with workshops, speakers, public displays and energy conservation projects. As previously reported, all details from the Rethink Energy London project will be pulled together to create a community action plan that the outlines recommendations for short-term (2013-2014) actions, and sets the direction for medium-term (2020) and long-term (2030) energy and GHG reductions and looks for opportunities to increase the use of sustainable energy.
Proposed Citizen Participation Project
In discussions with Nordex Research, a London-based market and public opinion research consulting firm, Nordex Research developed and proposed a new and innovative model for citizen engagement regarding energy use and energy conservation (and related environmental matters) that could overcome a number of the weaknesses of traditional models of citizen engagement (community participation) as well as weaknesses in current social media approaches. This unique project harnesses the energies and skills associated with public opinion polling, policy analysis, data synthesis and data interpretation coupled with energy conservation science and community implementation processes.
Most importantly, the focus is on the roundtable participants and encouraging participation and submission of ideas and solutions. One way of looking at this is picture a public square where people can freely express their ideas and get a front-row seat with city staff for thoughtful and meaningful conversation.
The initial focus will be on sustainable energy issues to support the Rethink Energy London engagement process. Should this model prove successful in engaging citizens, City staff envision applying this model or variations of it to other environmental matters, such as waste diversion.
Overview
London’s Roundtable on the Environment and the Economy (i.e., “Roundtable”) project is an online public participation exercise aimed at attracting up to 1,000 London individual residents to present ideas to the City – through a website and email – on the environment, conservation and the economics. The citizen participation project will be hosted on a website established within the City of London website domain (e.g., www.london.ca/roundtable ).
This model of citizen engagement will test out a large-scale, online gathering of recruited, individual Londoners who will be volunteering their time and knowledge to consider a series of environmental, conservation and related financial/economic issues. The individuals will respond to sets of systematically-organized, open-ended questions. The initial focus of activities will be on energy conservation and sustainable energy.
All on-line participants on this project will be given notice of collection of personal information at the point of collection as per the requirements of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
The approach for this Demonstration Project has been developed by Kimble Ainslie, President of Nordex Research. It combines analytical and interpretive skills associated with qualitative research and techniques such as focus groups and charettes and open-ended surveys. A key function is its design so individuals can express their thoughts and ideas without being influenced by others.
It is hoped that this model of citizen engagement will overcome some of the known limitations of community meetings, charettes, and social media interactions. The lessons learned from this project will Agenda Item # Page # 3
be shared with the City’s Corporate Communications Division who is leading the Community Engagement Task Force process.
Participant Recruitment Process
In support of the recruitment process, City staff plan to carry out a number of promotional items including:
Set up a Facebook advertisement to promote participation in the Roundtable. Send letters to community associations, etc. announcing the Roundtable and encouraging participation. Promote the Roundtable to local media, prior to and during the launch of the Roundtable. Mount three billboards around the city to promote participation in the Roundtable.
Timeline and Funding
The project is expected to launch in early October 2011 and last for about nine months. Generally, two questions will be posed at intervals of two weeks (i.e., every two weeks a new set of questions will be emailed out to participants. Summary updates will be provided each month to staff with a final report provided at the end of the project
The total cost of this project is $35,000. The Federation of Canadian Municipalities (FCM) Green Municipal Fund (GMF) is funding $15,000 (43%) of the project costs as part of the overall FCM GMF funding for Rethink Energy London activities. The City’s funds are contained in the Environmental Programs 2011 budget for education, awareness and outreach dealing with energy conservation and related environmental matters.
FCM – GMF City of London Totals Community Engagement - “London’s Roundtable on the $15,000 $15,000 $30,000 Environment and the Economy” Promotion for Project $5,000 $5,000 $15,000 $20,000 $35,000
ACKNOWLEDGEMENTS: Nancy Moore-Hayter, Manager, Purchasing Operations; Joy Jackson, Manager of Risk Management; Jim Purser, Manager of Records & Information Services and the City Solicitors’ office have provided input into this report and project.
PREPARED BY:
JAMIE SKIMMING, P.ENG, MANAGER, AIR QUALITY
PREPARED AND RECOMMENDED BY: REVIEWED & CONCURRED BY:
JAY STANFORD, M.A., M.P.A. PAT McNALLY, P. ENG. DIRECTOR, ENVIRONMENTAL PROGRAMS EXECUTIVE DIRECTOR, PLANNING, & SOLID WASTE MANAGEMENT ENVIRONMENTAL AND ENGINEERING SERVICES Y:\Shared\Administration\Committee Reports\CNC 2011 08 Rethink Roundtable September 2011.docx c. John Braam, P. Eng., Director of Water & City Engineer Elaine Gamble, Director, Corporate Communications
Agenda Item # Page # 1
TO: CHAIR AND MEMBERS COMMUNITY AND NEIGHBOURHOODS COMMITTEE MEETING ON SEPTEMBER 27, 2011
FROM: JAY STANFORD, M.A.; M.P.A. DIRECTOR, ENVIRONMENTAL PROGRAMS & SOLID WASTE
SUBJECT: STATUS – ADDRESSING PUBLIC COMMENTS AND DIRECTION - EXPANDING THE SCOPE OF ANIMAL WELFARE INITIATIVES
RECOMMENDATION
That, on the recommendation of the Director, Environmental Programs and Solid Waste, the following report BE RECEIVED for information.
PREVIOUS REPORTS PERTINENT TO THIS MATTER
Relevant reports that can be found at http://www.london.ca/Council/meetingpackages.htm include:
Public Participation Meeting on Expanding the Scope of Animal Welfare Initiatives as Part of the City’s Animal Services Program, Community & Neighbourhoods Committee (CNC) July 19, 2011, Agenda Item #22
Expanding the Scope of Animal Welfare Initiatives as Part of the City’s Animal Services Program, CNC) June 14, 2011, Agenda Item #25
Upcoming Major Animal Services Reports, Community & Neighbourhoods Committee (CNC) May 17, 2011, Agenda Item #16
Update on Major Upcoming Committee Reports and Major Council Approved Projects, CNC Meeting, February 1, 2011, Agenda Item #4
Updates on Requests, New Initiatives and Priorities for Animal Care, Control & Welfare in the City of London, ETC Meeting, February 8, 2010, Agenda Item #8.
City of London Animal Care & Control Program Report of Statistics and Performance Indicators for 2007 and 2008, ETC Meeting, November 16, 2009, Agenda Item #15.
BACKGROUND
PURPOSE AND CONTEXT:
On July 19, 2011 a Public Participation Meeting (PPM) was held before CNC to receive input regarding the City staff report entitled Expanding the Scope of Animal Welfare Initiatives as Part of the City’s Animal Services Program. The meeting was attended by over 150 Londoners and approximately 30 people shared their written and verbal comments that night with CNC members and City staff.
The purpose of this report is to provide a brief update on activities since the PPM and to highlight that City staff require more time to review and prepare comments on the input received including new information received since July 19. Since the PPM, City staff have received several requests as to the status of the Council’s recommendations and related matters. A more complete update will be provided to CNC at the next meeting (October 18, 2011).
Perhaps most important to note is that many of the comments provided at the PPM referred to the “Calgary Model.” With that in mind, Jay Stanford visited Calgary and had meetings with staff from the City of Calgary Animal Services Division, Calgary Humane Society (CHS) and MEOW Foundation. In addition, site visits included facilities owned by the City of Calgary and CHS along with visits to 7 off-leash dog areas (1 with a fence and 6 without fences). More details on this visit will be part of the next report and the ongoing work on this program improvement plan. Agenda Item # Page # 2
DISCUSSION:
City of London Vision and Mission Statement for Animal Services The Vision: London, a city where all pets have a caring, respectful and responsible home. The Mission: To increase awareness, partnerships & community capacity building by: 1. Ensuring by-laws protect and support Londoners, visitors and companion animals, 2. Promoting responsible actions for individuals, families and organizations, and 3. Supporting community animal welfare initiatives.
Listed below are very brief updates on a number of the key items highlighted at the PPM and recent Council direction from two meetings including identifying items that can move forward in 2011 and 2012
Spay/Neuter Programs In 2011, funding assistance has been provided to spay/neuter approximately 215 community (feral) cats and another 220 cats and 35 dogs through our low income subsidy initiative. These numbers put us on track to equal or surpass the number of 570 in 2010.
The London Animal Care Centre (LACC) has recently opened an on-site surgery area at the shelter for performing spay/neuters including paediatric spay/neuters for LACC’s homeless, adoptable pets. Previously these surgeries were performed off-site. This creates less stress for the animals as they do not have to be transported from a vet clinic post surgery allowing for a quicker recovery time and more importantly facilitates the pet to move into the adoption room earlier since there is no wait for appointment times.
City staff continue to evaluate the efforts of other municipalities through the province and country to establish a benchmark for best practices. The key to a successful spay neuter initiatives requires the ability to handle volume. The following highlights a number of spay neuter facilities we are tracking in other jurisdiction:
Newmarket Ontario Society of Prevention to Cruelty to Animals (OSPCA) had performed approximately 5,000 surgeries in the first year alone. This is a fee-for-service program open to anyone in Ontario.
Lincoln County Humane Society, which services the Niagara Region, opened its $2.5 million spay neuter facility in September. They anticipate being able to spay/neuter 2,500 animals per year.
Windsor/Essex County Humane Society has started construction of a spay/neuter clinic which is scheduled to open in late fall 2011.
Toronto Humane Society has begun fundraising for a spay/neuter facility to be added to their River Street location.
Community-based Adoption Initiatives Staff are working on a plan to establish smaller adoption events in different areas of the city. This includes locations like malls, pet stores or in areas of high visibility. These efforts are intended to increase the visibility of the need for more homeless pets to be adopted.
The City, a number of animal rescue partners working through the Cooperative for Companion Animals, and Oxbury Mall have teamed up to develop a Furry Friends Adoption Shoppe to provide a storefront for adoptable cats. Since its inception there have been 30 cats adopted and identified plus approximately 5 out of town adoptions. Currently this Shoppe is open from 10:00am to 5:00pm on Saturdays only. Expanded hours are part of the 2011 plans noted above.
On October 19-21, 2011, the City of London has offered facilities to the OSPCA to host Meet Your Match (MYM) training for all pounds, shelters and groups using the program in the Guelph/ Windsor corridor. LACC staff made arrangements for this initiative and will be in attendance as they use this program. MYM program evaluates the cat’s behaviour and personality and matches the pet to the adopter’s personality and lifestyle. LACC hosted the OSPCA for some initial training for MYM at the shelter. Several shelters were in attendance from the region. The training in October will focus on dogs. Agenda Item # Page # 3
Animal Foster and Adoption Facility or Facilities This item shares a strong relationship with the item above. Through posters and signage campaigns, the City of London is also trying to increase the numbers of foster homes for pets. These posters and signs have been displayed throughout the city and specifically targeted for display at the Furry Friends Adoption Shoppe, Pawlooza and other adoption events. The foster home campaign will become more visible with the work above.
There is ongoing research on establishing a large scale foster facility or sanctuary especially for cats in the London. The following highlights some examples we are following in other jurisdictions:
MEOW Foundation, a large registered charity focused on stray and abandoned cats in Calgary (population 1,091,000), has a shelter with space for up to 75 cats and network of 50 to 60 foster homes. Calgary Humane Society is the largest animal service provider operating in Calgary.
Richmond Animal Protection Society (RAPS) in Richmond, British Columbia (population 200,000) operates a sanctuary on 9 acres of land with a capacity of up to 900 cats in care.
As reported July 19, 2011 by the Ottawa Humane Society (OHS), two weeks after they cut the ribbon on a new, state of the art, expanded facility it was announced that it was already at capacity. OHS had taken in 531 cats and 175 dogs.
As reported August 24, 2011 by the Nova Scotia SPCA, the SPCA Newfoundland & Labrador, the Greater Moncton SPCA, the PEI Humane Society, the New Brunswick SPCA, the Fredericton SPCA and the Nova Scotia SPCA are faced by an enormous strain and capacity limitations, primarily due to stray and abandoned cats.
Initiatives for 2011 As directed by Council, City staff are identifying animal welfare initiatives that could be started or expanded in 2011 and 2012. The list includes:
Spat/neuter programs (see above) Community-based adoption programs (see above) Animal foster and adoption facility or facilities (see above) Briefing details to be submitted to the Association of Municipalities of Ontario (AMO) and the Federation of Canadian Municipalities (FCM) regarding municipal perspectives on the future if animal services Responsible pet purchasing - preparing details to help Londoners make better decisions when it comes to obtaining a new pet Preparation of requests for expression of interest (REOI) for components of the City’s future, more comprehensive animal services program
Staff Resources The primary reason why a more thorough report is not available at this time is that staff resources to work on this additional work have been limited. Day to day activities associated with the overall animal services program and, in particular, animal welfare, tend to consume the majority of available staff time. Senior Management within the Planning, Environmental & Engineering Services Department recognize this problem and are developing plans to address the challenges.
Components of a Comprehensive and More Progressive Animal Services Program As a reminder, City staff are working with the understanding that there is general agreement that the following 10 areas are the foundation of a comprehensive Animal Services Program:
1. Valued Services & Community Compassion 2. Animal Welfare 3. Education & Awareness 4. Monitoring, Analysis & Public Reporting 5. Community Partnerships 6. Pet Identification 7. Community Patrol 8. By-law Enforcement 9. Shelter Facility 10. Fostering & Adoption Facility or Facilities Agenda Item # Page # 4
PREPARED BY: PREPARED BY:
RON OKE LOU POMPILII ANIMAL WELFARE COORDINATOR MANAGER, CUSTOMER RELATIONS & COMPLIANCE
PREPARED AND RECOMMENDED BY: REVIEWED & CONCURRED BY:
JAY STANFORD, M.A., M.P.A. PAT McNALLY, P. ENG. DIRECTOR, ENVIRONMENTAL PROGRAMS & EXECUTIVE DIRECTOR, PLANNING, SOLID WASTE MANAGEMENT ENVIRONMENTAL AND ENGINEERING SERVICES Y:\Shared\Administration\Committee Reports\CNC 2011 09 Animal Services update.docx
c. John Braam, P. Eng., Director of Water & City Engineer Animal Welfare Advisory Committee
Agenda ltern # # -1 qó TO: \llr=Ìt\iltfttt COMMUNITYAND NEIGHBOU RIIOODS COMMITTEE FROM: LONDON TAXI ASSOCIATION SUBJECT: AIJTERNATIVE PROPOSED TAXI/LIMOUSINE BY.LAW SEPTEMBER 2011
RECOMMENDATION
That on the recommendation of the London Taxi Association this alternative draft bylaw BE RECEIVED for information purposes; it being noted that a public participation meeting will be scheduled for November 2011.
PREVIOUS REPORTS
April 26, 2010 - Taxi/Limousine Bylaw Review - ETC June 7, 2010 - Summary of May 2010 Workshop - ETC December I4,20L0 Policy Options - CNC JuIy 19, 2011 Proposed Taxi/Limousine By-Law - CNC t- I BACKGROT,JND --l
A proposed byìaw was presented to the CNC committee by the Director of Building Controls and Chief Building Official on July L9, 2011. The effort required to rewrite the curent has been an enolrnous undertaking and ttre deparrnent should be commended for the work already done to date.
Included in the originat proposed by-law summary, was a tabie of 40 test nips comparing the fares charged by Limousines and Taxicabs for identical tips. Historically, and including the current bylaw, Limousine fares must be at least 1-5% greater than the equivalent taxi nip. It was stated in the summary tlrat 15 tips were cheaper in a Limousine. However, upon doser analysis, 27 of the tips were actually less than the Lío/o requirement in the current bylaw. This inequity has given the Limousine indusûy an advantage over the Taxicab indusn¡r for many years. Also, the proposed bylaw included a small increase to limousine fares of 75 cents per zone more than 3 zones to address this issue.
One question that was asked at the last CNC committee meeting was: 'nVhat is the difference between a Limousine and a Taxicab?" The difference is that a Limousine is a premium service that provides a luxury vehicle with a uniformed chauffeur, is contracted or dispatched at least 15 minutes prior to when the customer requests it, does not pickup street fares, does not line up in front of bars, and charges an accordingly premium price compa¡ed to a Taxicab. Historically, Taxicabs have always provided an on demand service, accepts steet hails, and generally uses non-luxury vehicles at reasonable prices. Limousines do provide a valid and needed higher tiered service within the City of London. The by-law that the Taxi Association is submitting provides a balanced approach to continue the sustainability of both services.
_ _I SI.JMMARY t I
. Bylaw Format
The reformatting of the crrrent by-Iaw into the proposed by-Iaw format by Mr Katolyk makes it easier to read and understand and is a breath of fresh air. However, the London Taxi Association has found many small errors and omissions in the proposed by-Iaw. Rather than Iisting all of errors and omissions, along with our proposed changes, The London Taxi Association has elected to submit the conections and proposed changes into a new proposed by- Iaw using Mr Katolyk's framework. The London TaxiAssociation's proposed by-law provides a fair and balanced approach to both the Taxicab and Limousine industry. Â.ganda ¿tcrï # Fase # F--rËf**-ï ti¡*!""'"è@= ffE È r ¡l I L__*.1 g-**JË ïr å . Limousine Fares
The proposed by-law included a small increase to limousine fares of 75 cents per zone more than 3 zones to increase the difference between Taxicabs and Limousine fares. However the proposed rate increase is still not enough of an increase to meet the 15% requirement. Since there will be a prohibition in steet hails for Limousines, setting a proper rate structure that reflects the 1-5% difference will provide an equal counterbalance. The by-iaw that the Taxi Association is proposing addresses this issue directly and ensures Limousine drivers continue to eam a decent living.
. Taxi Flat Rates
The London Taxi Association agrees that there should be no flat rates for Taxicabs.
. Issuance of Licences
The London Taxi Association agrees with most of Mr Katolyks proposed bylaw. However efficiency is not the justification for one person to have revocation powers exclusively. The London Taxi Association's proposed bylaw addresses this issue.
. Criminal Background Checks
The London Taxi Association agrees with Mr Katolyk's changes for criminal background checks.
. Licence renewals
Mr Katolyk's proposal for staggering renewals based on birth month is an efficient approach to reduce costs.
. Vehicle Age Restrictions
The London Taxi Association believes that the current bylaw age restriction should not be changed and hybrid vehicles have one extra year. The age restiction for putting a vehicle on as a Taxicab should be 4 years old and vehicles starting as Limousines is correct to be starting at 2 years old.
. Security Cameras
The London Taxi Association agrees ttrat all licenced vehicles should have a security camera for the driver and passengers. However, a front facing camera is not in the scope as a safety issue for the driver or passenger, thus it shall not be mandatory. CNC needs to set a date to have the cameras instalied in vehicles not currently require cameras.
. Vehicle Standards
The London Taxi Association is proposing to exceed what Mr. Katolyk proposed by making mandatory Safety Inspection Certificates every 60,000 km for all city licenced vehicles.
. Enforcement
The London Taxi Association wants to see two fuLl time by-iaw enforcement officers.
. Bandit Cabs
The London Taxi Association agrees with Mr. Katolyk to enforce the bylaw against bandit taxis.
. London Taxi Association Proposed Changes: Art Executive Limousine fare structure that is at least 15% higher than taxi fares for the same trip. Passenger safety - vehides are required to perform a safety every 60,000 km, reviewable by an enforcement officer at any time. RenewaL periods that are the birth month for all renewals. It spreads the renewal process throughout the year, reducing peak workload saves money. Money saved from not hiring peak load temporary employees can be used towa¡ds having nvo full time by-Iaw enforcement officers. All major Ontario municipalities limit Limousine owner licenses. Allowing u¡limited limousine owner licenses has diluted the ma¡ket and has caused harm to both limousine and taxicab d¡ivers. The London Taxi Association has removed the requirement for a d¡iver to have a GPS device. The London Taxi Association has removed the requirement for the driver to switch off a radio before picking up a passenger. Advertising is a staple in many communities and such as New York City and St. Thomas ON, and the prohibition has been removed. o The London Taxi Association has included a new Schedule regarding Taxi Stands o The London Taxi Association has has removed Schedule 'J' We have corrected numerous incorrect references to vehicle types and license types in all sections of the proposed bylaw. o The arangement of Schedules has been simplified to having common sections as Schedules and Schedules containing the differences.
PREPARED BY
This document and proposed bylaw has been prepared by London Taxi Association.
3 A.g@ãì€e lr€rn F ÈË i -- ü fitË
TAXICAB AND LIMOUSINE LICENSING BY.LAW
TABLE OF CONTENTS
PART 1 - DEFINITIONS. 3 PART 2 - PROHIBITIONS 7 PART 3 - APPLICATION OF BY-LAW - EXEMPTIONS. 7 PART 4 - ADMINISTRAÏION OF BY-LAW 8
PART 6 - ISSUANCE OF LICENSES ...8 ...9 PART 8 - LEASING OF OWNER LICENCES ...9 PART 9 - TRANSFER OF OWNER LICENCES .10 .ït PART ]jt - POWERS OF LICENCE MANAGER .TL PART ]-2 - HEARINGS BEFORE THE HEARINGS OFFICER .13 PART 1-3 . ENFORCEMENT .l_3 PART ].4 - INSPECTIONS .13 PART I,5 - TARIFFS. .t4 PART 1-6 - LICENCE AND OTHER FEES .l_5 PART 17 . PENALTY .l_5 PART 1-8. GENERAL. .1_5 PART 1-9 - MISCELLANEOUS .l_5 .L7 .L8 SCHEDULE "C" - DRIVER PROHIBITIONS .20 SCHEDULE "D" - TAXICAB AND ACCESSIBLE TAXICAB DRIVER .2r SCHEDULE "8" _ LIMOUSINE DRIVER .23 .24 SCHEDULE "G" - OWNER LICENCES APPLICATIONS AND RENEWALS .25 SCHEDULE "H" - OWNER DUTIES. .26 SCHEDULE "J" - TAXICAB AND ACCESSIBLE TAXICAB OWNER .28 SCHEDULE "K" _ LIMOUSINE OWNER .32 .34 SCHEDULE "M" - BROKER .36 SCHEDULE "N" - PRIORITY LISTS .38 SCHEDULE "X" - TAXI STANDS. .40 SCHEDULE "Y" - FARES .41 SCHEDULE"Z" - LICENCE, EXAMINATION AND OTHER FEES .43 i{ç*nd*. lterc *+
Bill No. 201J,
By-law No.
A by-law to license, regulate and govern Taxicabs and Limousines in the City of London;
Recitals WHEREAS subsection S(3) of the MunicipalAct, 200j_, S.O. 2OOj-, c.25, as amended, provides that a municipal power shall be exercised by by-law;
AND WHEREAS section I of the MunicipalAct, 20OL provides that a municipality has the capac¡ty, rights, powers and privileges of a natural person for the purpose of exercising its authority under ihis or any other Act;
AND WHEREAS subsection L0(L) of the MunicipalAct, 2001 provides that a municipality may provide any service or thing that the municipality considers necessary or desirable for the public;
AND WHEREAS subsection 1O(2) of the MunicipalAct, 2001 provides that a municipality may pass by-laws respecting: in paragraph 6, Health, safety and well-being of persons; in paragraph 7, Services and things that the municipality is authorized to provide under subsection (1-); in paragraph 8, Protection of persons and property; in paragraph L1 Business Licensing;
AND WHEREAS subsection L51(1) of the MunicipalAct, 2001- provides that, without limiting sections 9 and 1-0 of the Act, a municipality may: provide for a system of licences with respect to a business and may;
(a) prohibit the carrying on or engaging in the business without a licence; (b) refuse to grant a licence or to revoke or suspend a licence; (c) impose conditions as a requirement of obtaining, continuing to hold or renewing a licence; (d) impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence; (e) impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the l¡cence; (f) license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; and, (g) require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any part of a system of licences establ¡shed by the municipality;
AND WHEREAS subsection L51-(5) of the MunicipalAct, 2001 provides that subsection 151(1) applies necessary modifications to a system of licences with respect to any activ¡ty, matter or thing for which a by-law may be passed under sections 9, l-0 and l-1 as if it were a system of licences with respect to a business;
AND WHEREAS subsection L56(l-) of the MunicipalAct, 200L provides that without limiting sect¡ons 9, 10 and 11, a local municipality, in a by-law under section 151- with respect to the owners and drivers of taxis and limousines, may:
(a) establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality; (b) provide for the collection of the rates or fares charged for the conveyance; (c) limit the number of taxís and or any class of them.; and (d) limit the number of limousines and or any class of them.
AND WHEREAS Council for the City of London is of the opinion that this by-law shall ensure a clear and distinct difference in the type of service provided by Taxis and Limousines; AND WHEREAS the Council for the City of London considers it necessary and desirable for the public to regulate taxis and limousines for the purposes a healthy industry, of health and safety, consumer protection and service quality to ensure that efficient Taxicab and Limousines service is available to all persons including the traveling public in the City of London and that such taxicabs and limousine seruice is provided in a manner that provides a safe environment for both passengers and drivers.
AND WHEREAS section 23.2 oÍ the MunicipalAct, ZOOL permits a municipality to delegate certain legislative and quasi-judicial powers;
AND WHEREAS Council for the City of London is of the opinion that the delegation of legislative powers under this by-law to the Licensing Manager and the Hearings Officer including without limitation to the power to issue and impose conditions on a licence are powers of a minor nature having regard to the number of people, the size of geographic area and the time period affected by the exercise of the power in accordance with subsection 23.2(4) of the MunicipalAct, 2001;
AND WHEREAS subsection 39L(L) of the MunicipalAct, 2001 provides that a municipality may impose fees and charges on persons,
(a) for seruices or activities provided or done by or on behalf of it; (b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and, (c) for the use of its property including prope(y under its control;
AND WHEREAS section M4 of the MunicipalAct, 2001, provides that the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention to discontinue the contravening activity, and any person who contravenes such an order is guilty of an offence;
AND WHEREAS it ¡s deemed expedient to pass this by-law;
NOW THEREFORE The Council of The Corporation of the City of London hereby enacts as follows:
PART 1- DEFINITIONS
1.1- For the purpose of interpreting the provisions set forth in this By-law, the following definitions shall apply: ln this By-law:
(a) "Accessible Tacicab" means a Taxicab vehicle that is wheelchair-accessible permitting the loadlng, transportation, and off-loading of a person with a Disability confined to a wheelchair or other similar device, without transfer, and is available for or providing a Conveyance Seruice, but does not include a Limousine or Group Transportation Vehicle;
(b) !'Accessible Taxicab Driver" means a Licensed Taxicab Driver whose Licence has been endorsed by the Licence Manager to permit him or her to drive an Accessible Taxicab;
(c) "Accessible Ta¡ (d) "Accessible Ta¡ (e) "Applicant" means a person apply for any licence under this By-law; (Ð "Broker" means any person or legal entity who accepts Orders in order to Dispatch such; (g) "Brokerage" means the business of a Broker and shall be deemed to ¡nclude the premises where the business is carried on; (h) "$icab" is synonymous with the word Taxicab; Agende gtern # 0 "clR' means a Criminal lnformation Report containing the result of a search of the Canadian Police lnformation Centre; (j) "C¡ty' means The Corporation of the City of London; (k) "C¡ty Plated Vehicle" means a Taxicab, Accessible Tâxicab, Limousine, or Group Transportation Vehicle that has an Owner plate; (l) "Class A Accessible Taxicab Owner Licence" means an Accessible Taxicab Owner Licence issued in the first instance on or before October 31-,2004 with a corresponding Owner Plate numbered l_00-ggg inclusjve; (m) "Class B Accessible Ta,ricab Owner Licence" means an Accessible Taxicab Owner Licence issued in the first instance after October 3l-, 2008, or an Accessible Taxicab Owner Licence issued to a person from the AccessÍble Taxicab Priority L¡st with the corresponding Owner Plate numbered 1000 or greater; (n) "Class A Taxicab Owner Licence" means a Taxicab Owner Licence issued in the first instance prior to october 37,2004 with a corresponding owner plate numbered l_00-ggg inclusive; (o) "Class B Taxicab Owner Licence" means an Taxicab Owner Licence issued in the first instance after October 31, 2004, or a Taxicab Owner Licence issued from the Taxicab Owner Priority List with the corresponding Owner Plate numbered 1OOO or greater; (p) "Conveyance Service" means conveying one or more persons in exchange for a fee; (q) "Council" means the Mun¡cipal Council of The Corporation of the City of London; (r) "Director of Building Controls" means the Chief Building Official as appointed by Council pursuant to the Building Code Act; (s) "Dispatch" means the communication of an Order or other information in any manner between a Broker and a Driver; (t) "Dispatcher" means a person who is in the employ of or contracted by a Broker and whose duties include accepting Orders for a Conveyance Service or Dispatching Drivers; (u) "Driver" means the individual who has care and control of a Taxicab, Accessible Taxicab, Limousine, or Group Transportation Vehicle; (v) "Driver Training" means a multi-day course administered or approved by the Licence Manager which is specifically designed to train drivers in the industry directly related to the Driver and the associated DrÍver Licence; (w) "Enforcement Officer" means a Municipal Law Enforcement Officer appointed by the Council or a police officer with the London Police Services; (x) "Fare" means: (D in the case of Taxicabs and Accessible Taxicabs, the value of money displayed on the Taxicab Meter at the termination of a Trip, calculated as set out in Schedule "Y" of thís By-law; (i¡) in the case of Limousines (Executive), the value of money calculated for a Trip using the zone or hourly rate as set out in Schedule "Y" of this By-law; (¡i¡) in the case of Limousines (Stretch) and Limousines (Classic), the value of money calculated for a Trip using the hourly rate as set out in Schedule "Y" of this By-law; or (¡v) in the case of Group Transportation Vehicles, the value of money calculated for a Trip using the hourly rate as set out in Schedule "M" of this By-law; (y) "Fleet" means one or more c¡ty Plated vehicles of the same type owner Plate being Dispatched by a Broker; (z) "Grossly Unclean lndividual" means an individual covered in dirt or other material to such rQç¡enda l?e¡"r # Farrn # f' Ëfffi anextentthatheorsheislikely,"#nLrc;õ;#i$PlatedVehicleinanunclean state; (aa) "Group Transportation Vehicle" means a van, minivan, minibus, or sports utility motor vehicle with a seating capacity for not less than 6 and not more than 1-0 individuals that is available for or providing a Conveyance Service, but does not include a Taxicab, Accessible Taxicab, or Limousine; (bb) "Group Transportat¡on Vehicle Driver" means a person who holds a Group Transportation Vehicle Driver Licence; (cc) "Group Transportation Vehicle Owner" means a person who holds a Group Transportation Vehicle Owner Licence. and corresponding Owner Plate; (dd) "Hearings Officer" means Hearings Officer appointed under the City's Hearings Officer By-law A-6653-121 as amended; (ee) "Lease" means any contract, agreement, understanding, or other arrangement whereby an Owner permits another person to manage, operate, control, have custody of, or othen¡rise employ his or her Taxicab or Accessible Taxicab, but does not include permitting a Driver to drive a Taxicab or Accessible Taxicab for one regular shift when the Taxicab or Accessible Taxicab is returned to the Owner at the end of the shift; (ff) "Licence" means a licence issued under this By-law; (gg) "Licensed" means licensed under this By-law; (hh) "Licence Manager" means the Director of Building Controls and includes her or his delegates; (iD "Licensee" means any person licensed under this By-law; ûj) "Limousine" means Limousine (Executive), Limousine (Stretch), or Limousine (Classic); (kk) "Limousine Driver" means a person who holds a Limousine Driver Licence; (ll) "Limousine (Executive)" means a luxury non-metered vehicle of a wheelbase size smaller than a stretch limousine manufactured to carry up to 5 passengers excluding the driver, that is available for or providing a Conveyance Service but does not include a Taxicab or Accessible Taxicab, and is approved by the Licence Manager based on a list of approved makes and models of luxury vehicles as defined by vehicle manufacturers industry standards; (mm) *Limousine (Stretch)" means a luxury class motor vehicle manufactured or modified with an extended wheel-base with a seat¡ng capacity for not more than l-0 individuals excluding the driver, and that is available for or providing a Conveyance Service, but does not include a Taxicab, Accessible Taxicab, Limousine (Executive), or Group Transportation Vehicle; (nn) "Limousine (Classic)" means a motor vehicle for which a historic permit has been issued under the Highway Traffic Act that is available for or providing a Conveyance Service, but does not include a Taxicab, Accessible Taxicab, Limousine (Executive), Limousine (Stretch), or Group Transportation Vehicle; (oo) "Limousine Owner" means a person or entity who holds a Limousine (Executive), Limousine (Stretch), or Limousine (Classic) Owner Licence, and the corresponding Owner Plate; (pp) ,,Limousine Priority List" means the list of Applicants for Limousine(Executive) Owner Licences maintained by the Licence Manager in accordance with this By-law; (qq) .,Low Emission Vehicle" means a motor vehicle that is a hybrid vehicle or a vehicle powered by electricity; (rr) ,,Maintenance Log" means a written record of all repairs of a vehicle including the vehicle identification number (VlN), Ontario licence plate number, Owner Plate number, make, model and year, the nature and date of each repair, name of the person carrying out the repair, and confirmation that the Owner was notified of it; (ss) (tt) "Operate" means to dr¡ve a Taxicab, Accessible Taxicab, Group Transportation Vehicle, or Limousine while it is available for or providing a Conveyance Service; (uu) "Order" means a request for a vehicle to provide a Conveyance Service; (w) "Owner" means the person or entity who holds a Taxicab Owner Licence, Accessible Taxicab Owner Licence, a Limousine Owner Licence, or a Group Transportation Vehicle Owner Licence; (unru) "Owner Plate" means a metal number plate issued to the Owner under this By-law corresponding to his or her Owner Licence; (xx) "Passenger" means any Índividual, not including the Dr¡ver, seated in a Taxicab, Accessible Taxicab, Group Transportation Vehicle, or Limousine, and includes a person engaging or attempting to engage a Taxicab, Accessible Taxicab, Group Transportation Vehicle, or Limousine to provide a Conveyance Service; (yV) "Persons with Disabilities" means individuals with any degree of physical disability, infirmity, malformation, or disfigurement caused by bodily injury, birth defect, or illness, and includes, but is not limited to: . diabetes mellitus; . epilepsy; . a brain injury; . any degree of paralysis; . amputat¡on; . lack of physical co-ordination; . blindness or visual impediment; . deafness or hearing impediment; . muteness or speech impediment; . physical reliance on a guide dog or other animal, or on a wheelchair or other remedial appliance or device; . a condition of mental impairment or a developmental d¡sability; . a learning disabÍlity, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; . a mental disorder; or . at'ì injury or disability for which benefits were claimed or received under theinsurance plan established under the Workplace Safety and lnsurance Act, 1997; (zz) "Ptated" means to have the Owner Ptate affixed to the Taxicab, Accessible Taxicab, Limousine, or Group Transportation Vehicle for which it was issued; (aaa) "Priority List" means either Taxicab Priority List, Accessible Taxicab Priority List, or Limousine Priority List; (bbb) "safety Standards Certificate" means a safety standards certificate issued under the Highway Traffic Act; (ccc) "Tariff" is a schedule of rates appropriate for the class of city Plated Vehicle;" (ddd) "Tariff Card" means a card, showing the current Tariff, issued by the Licence Manager for display in a vehicle; (eee) "Taxi" is synonymous with the word Taxicab; (fffl "Taxicab" means a motor vehicle that is available for or providing a Conveyance Service but does not include a Limousine or Group Transportation Vehicle; (ggg) "Taxicab Driver" means a person who holds a Taxicab Driver Licence; (hhh) "Taxicab Owner" means a person who holds a Taxicab Driver Owner Licence and corresponding Owner Plate; (¡i¡) self-contained measuring device approved by the Licence Manager and used in a Taxicab or Accessible Taxicab to calculate, amongst other things, the rate payable for a Trip; fijD "Taxicab Priority List" means the list of Applicants for Taxicab Owner Licences maintained by the Licence Manager in accordance with this By-law; (kkk) "Taxi Stand" means the area set aside and designated by the City to be used by a Taxicab or an Accessible Taxicab while it is waiting for or picking up goods or Passerigers; (lll) "Trip" (i) for a Taxicab or Accessible Taxicab means the distance and time traveled, measured from the place and time at wh¡ch a Passenger first enters a Taxicab or Accessible Taxicab or when a Taxicab Meter is first engaged, whichever comes first, to the place and time at which the Passenger finally leaves the Tax¡cab or Accessible Taxicab or the Taxicab Meter is disengaged, whichever comes last; (¡¡) for a Limousine (Executive) means the d¡stance or time traveled, measured from the place or time at which a Passenger first enters a Limousine (Executive) to the place or time at which the Passenger finally leaves the Limousine (Executive); and (¡¡i) for a Limousine (Stretch), Limousine (Classic), or Group Transportation Vehicle means the time traveled, measured from the t¡me at which a Passenger first enters a Limousine (Stretch), Limousine (Classic), or Group Transportation Vehicle to the time at which the Passenger finally leaves the Limousine (Stretch), L¡mousine (Classic) or Group Transportation Vehicle; and (mmm) "Trip Sheet" means a written record of each Trip.; and (nnn) "Zone" means the map of the City where the C¡ty has been subdivided using vertical and horizontal lines creating identical-sized squares or rectangles, or the ¡ndiv¡dual zone or zones thereof. PART 2 . PROHIBITIONS 2.L No person shall: (a) own or Operate a City Plated Vehicle unless licensed under this By-law; (b) own or Operate a City Plated VehÍcle without a valid Owner Plate affixed to the vehicle; (c) Operate a City Plated Vehicle while their license issued under this By-law is under suspensron; (d) act as a Broker unless licensed under this By-law; (e) operate as a Broker while their license issued under this By-law is under suspension; (Ð advertise the use of a City Plated Vehicle without an Owner or a Broker license issued under this By-law; and (s) publish or cause to be published any representation that they are licensed under this By- law or hold themselves out as being licensed under this By-law if they are not. PART 3 . APPL¡CATION OF BY-LAW - EXEMPTIONS 3.1 This By-law shall not apply to: (a) a motor vehicle with a seat¡ng capacity of 1[ or more individuals, including the dr¡ver; (b) an ambulance or funeral hearse; (c) a school bus as defined under the Highway Traffic Act that is licensed under the Public Vehicles Act wh¡le it conveys students to and from school as defined under the Highway Traffic Act; (d) a bus operated under the Publ¡c Vehicles Act by the London Transit Commission; (e) the London Commun¡ty Transportation Brokerage; (Ð any person the London Transit Commission or the London Community Transportation Brokerage enters into an agreement w¡th for the conveyance of senior citizens or Persons with Disabilities; or (g) a motor vehicle used by not for profit organizations registered in the province of Ontario for the purposes of transporting senior citizens or Persons with Disabilities. Agenda ltern # Fage * PART 4. ADM¡NISTRATION OF BY.LAW 4.L The administration of this By-law is assigned to the Licence Manager who shall generally perform all of the administrative functions conferred upon him or her by tñis ey-law and withoui limitation in accordance of provisíons of thus By-law shalt: (a) receive and process all applications for all licenses and renewals of licences; (b) issue or refuse to issue, renew or refuse to renew or refuse to suspend any licence; (c) suspend, or revoke any license after a hearing made by the Hearing Officer; and (d) impose terms and conditions on licences. PART 5 - APPLICATIONS FOR LICENSES AND RENEWALS 5.1- Every application for a licence and renewal licence shall be made to the Licence Manager on the forms provided by the Licence Manager. Without limitation, every application for a licence or a renewal shall include the following information: (a) the name, date of birth, municipal address and telephone number of each Applicant; (b) if the Applicant is a partnership, the name, address and telephone number of each partner; (c) if the Applicant is a corporation, the address of its head office, the name, address and telephone number of each director and officer; a sworn statement by the Applicant certifying the accuracy, truthfulness and completeness of the application; (d) if the Applicant is a partnership, a sworn statement by each partner certifying theaccuracy, truthfulness and completeness of the application; and (e) if the Applicant is a corporation, a sworn statement by an officer of the corporation duly authorized for that purpose certifying the accuracy, truthfulness and completeness of the application. 5.2 Every person applying for a licence or a renewal of a licence shall provide in full at the t¡me the application is submitted all of the information requested on the application form as well as: (a) payment of the prescribed fee as set out in this By-law; (b) if the Applicant or Licensee is a corporation, a copy of the incorporatingdocumentation, a copy of the last initial notice or notice of change which has been filed with the provincial or federal government and a Certificate of Status issued by the Ministry of Government and Consumer Services dated no later than fifteen (15) days prior to the date of the application; (c) if the Applicant or Licensee is a partnership, details of each partner's interest in the partnership; and (d) any other documentation or information as may be required in any other part of this By-law, including any Schedule to this By-laW and by the Licence Manager. 5.3 The Licence Manager may require affidavits in support of an application for or a renewal of a licence. 5.4 Every application may be subject to ¡nvestigations by and comments or recommendations from the municipal or provincial department or agencies as the Licence Manager deems necessary including but not limited to: (a) the London Police Seruices; (b) the Manager of By-law Enforcement; (c) the Ministry of Transportat¡on. PART 6. ISSUANCE OF LICENSES 6.1- Every Licence issued under this By-law shall be in the form and manner as provided bythe Licence Manager and shall, without limitation, include on its face: (a) the licence number; (b) the name of each Licensee; and (c) the date the l¡cence was issued and the date it expires. 6.2 A licence issued under this By-law shall be valid only for the period of time for which it was issued. A licence issued under this By-law may be renewed provided the Applicant meets all of the requirements of this By-law. An application for a renewal shall be made Ín person at the office of the Licence Manager on or before the expiry date of the licence being renewed. Agændaffi tt6rfi # 6.3 Every Licence that is issued for the first time is subject to the following conditions observed by the Appl¡cant, and at the time of issuance of the Licence: (a) the Applicant shall attend the office of the Licence Manager; (b) the Applicant shall pay the prescribed annual fee as set out in this By-law; (c) the Applicant shall pay all fees and fines owed by the Applicant to the City; and (d) the Applicant shall meet all of the requirements of this By-law. 6.4 Every Licence that is for renewal is subject to the following cond¡tions observed by the Licensee, and at the time of renewal of the Licence, the Licensee shall: (a) attend the office of the Licence Manager; (b) pay the prescribed annual fee as set out Ín this By-law; (c) pay all fees and fines owed by the Licensee to the City; (d) renew the Licence during the renewal period which is any business day in the birth month of the Licensee; and (e) shall meet all of the requirements of this By-law 6.5 An Applicant w¡th a shall pay in the last month of the period of time when it was last issued. 6.6 The issuance of a licence or renewal thereof under this By-law is not intended and shall not be construed as permission or consent by the City for the Licensee to contravene or fail to obse¡ve or comply with any law of Canada, Ontario or any By-law of the City. 6.7 Every licence, at all times, is owned by and is the property of the City and is valid only in respect of the person named therein. 6.8 No licence issued under this By-law may be sold, purchased, leased, mortgaged, charged, assigned, pledged, transferred, seized, detained, or othenruise dealt with except in accordance with this By-law. 6.9 Fees and inspection fees paid under this By-law are non-refundable. 6.1-0 A limitation is imposed on the issuance of Taxicab Owner Licences, Accessible Taxicab Owner Licences, and Limousine Owner Licences as set out in this By-law. 6.ït The following classes of l-icenses may be issued under this By-law in accordance with the provisions of this By-law and the corresponding Schedules: (a) Taxicab Driver Licence (all types); - Schedule "D"; (b) Taxicab Owner Licence (all types); - Schedule'T"; (c) Limousine Driver Licence - Schedule "E"; (d) Limousine Owner Licence - Schedule "K"; (e) Group Transportation Vehicle Driver Licence - Schedule "F"; (Ð Group Transportation Vehicle Owner Licence - Schedule "L"; and, (g) Broker Licence - Schedule "M". PART 7 . NOTIFICATION OF CHANGE OF INFORMATION 7.1 When a Licensee changes his or her name, address, affiliated Broker, employer or any other information relating to the Licence, the Licensee shall notify the Licence Manager within days after the change of address or any other information relating to the Licence and shall return immediately to the Licence Manager for amendment. 7.2 When the Licensee is a corporation and there is any change in the following information given on the application namely: the names and addresses of officers or directors, the location of the corporate head office, change of ownership of shares, the Licensee shall report the change to the Licence Manager within 5 days of the change and if necessary as determined by the Licence Manager, the Licence shall be returned immediately to the Licence Manager for amendment. PART 8. LEASING OF OWNER LICENCES &gandæil**-iffi] Nte¡¡r # FAse # i: ååFi fi 'o 8.1 No Person shall enter into okreryuryó h"y{="*år othenruíse convey rights over aTaxicab or Accessible Taxicab Licence or Owner Plate or give or receive any considerátion or remuneration therefore. 8.2 Notw¡thstanding subsection 8.1 of this By-law a Taxicab owner holding a class ATaxicab Owner Licence may lease his or her Tlaxicab and an Accessible Taxicab Ownãr holding a Class A Accessible Taxicab owner Licence may lease his or her Accessible Taxicab, provided ihat; (a) the lessee is Licensed as a Driver, Owner, or Broker; (b) under the terms of the Lease, the Taxicab or Accessible Taxicab Owner provides a Taxicab orAccessible Taxicab that is Plated and othenru¡se meets all of the requirements of this By- law; (c) under the terms of the Lease, the Tax¡cab or Accessible Taxicab Owner is responsible for the maintenance of and insurance on the Taxicab or Accessible Taxicab; (d) the Lease is for one Taxicab or one Accessible Taxicab and expires upon the sale of, replacement of, or other disposition of the vehicle excluding a transfer between different Brokers; (e) the Taxicab or Accessible Taxicab Owner or a partner, if he Applicant is a partnership, or an officer or director, if the Applicant is a corporation, signs a statutory declaration stat¡ng that the Owner Plate will not be transferred during the term of the Lease; (D the Lease is in writing and signed by the parties thereto; (g) a copy of the Lease is filed with the Licence Manager; (h) all fees required under this By-law are paÍd. 8.3 The written Lease may be Ín any form agreed to by the part¡es thereto, provided that it includes: (a) the date of its signing; (b) the names and business addresses of the parties thereto; (c) its effective date; (d) its termination date; (e) a full description of the Taxicab or Accessible Taxicab which is the subject of the Lease, including the vehicle identification number, the make, the model year, the licence plate number and the number of the Owner Licence and Owner Plate' (Ð the partíes'rights to early termination of the Lease; and (g) the s¡gnatures of the parties and witnesses thereto. 8.4 No person shall sub-lease or purport to sub-lease a Taxicab or Accessible Taxicab that is the subject of a Lease. 8.5 No Owner shall, by a term in a Lease or othenruise, permit any Lessee or other person to lease or sub-Lease or purport to lease or sub-lease a Taxicab or Accessible Taxicab that is the subject of a Lease. 8.6 No person shall be a party to a Lease or purported Lease of a Taxicab or Accessible Taxicab to which the Owner is not the lessor. 8.7 Every Taxicab or Accessible Taxicab Owner shall notify the Licence Manager in writing of the expiration or other sooner termination of any Lease to which he or she is a party within 1-O days. 8.8 No Taxicab or Accessible Taxicab Owner shall enter into or be a parly to more than one Lease at any one time with respect to any one Taxicab or one Accessible Taxicab. PART 9 . TRANSFER OF OWNER LICENCES 9.1 An Owner Licence may be transferred provided that: (a) the Owner Licence being transferred is one of the following: (D a Class ATaxicab Owner Licence; or (ii) an Class AAccessible Têxicab Owner Licence; (b) the transferee meets the eligibility criteria as set in this By-law for the associated Owner Licence Priority List or holds a valid Driver Licence of the same type as the Owner Licence; (c) the transferee, or a partner, if the transferee ¡s a partnership, or an officer or director, if the transferee is a corporation signs a statutory declaration as set out by the Licence Manager; (d) the transferor or a partner, if the transferor is a partnership, or an officer or director, if the transferor is a corporation has completed a written application for such a transfer; (e) the transferee meets all of the requirements of an Owner Licence under this By-law, including submitting the vehicle to which the Owner Plate will be affixed for inspection, and will be issued a the Owner Licence at the time of the transfer; (Ð if the vehicle is an Accessible Taxicab, the transferee is an Accessible Taxicab Owner who will use the transferred Accessible Taxicab Owner Licence to provide an Accessible Taxicab Conveyance Seruice; and (g) all fees required under this By-law are paid. 9.2 Class B Taxicab Owner Licences and Class B Accessible Owner Taxicab Owner Licences and the corresponding Owner Plates numbered L000 or greater shall not be transferred. 9.3 Owner Licences not listed in section 9.1-(a) shall not be transferred. PART 10 .TRANSFER OF OWNER LICENCES BY AN ESTATE 1-0.1 :An Owner Licence may be transferred, provided thaï (a) the Owner Licence being transferred is one of the following: (D a ClassATaxicab Owner Licence; or (ii) an Class AAccessible Taxicab Owner Licence. L0.2 Owner Licences not l¡sted in section 1-0.L(a) shail not be transferred and shall be returned to the Licence Manager within 30 days following the death of an individual holding such Licence. 10.3 Within 30 days following the death of an individual holding an Owner Licence, the executor or administrator of the individual's estate shall file with the Licence Manager: (a) proof of death of the individual; and (b) proof of the executor's or administrator's capacity. I0.4 On the death of an individual holding any transferable Owner Licence: (a) the executor or administrator of the individual's estate may continue to hold any Owner Licences for up to one year following the date of death, subject to all of the requirements of this By-law; (b) during the year following the date of death, the executor or administrator of the individual's estate may transfer any Owner Licences on behalf of the Owner as stipulated in section 9 of this By-law (c) after one year following the date of death, all remaining non transferred Owner Licences shall be revoked and returned to the Licence Manager by the executor or administrator of the ¡nd¡vidual's estate immediately. 1-0.5 Notw¡thstanding subsection l-0.4(c) of this By-law if the executor or administrator of the individual's estate has not transferred all Owner Licences inaccordance with subsections 10.4(b), he or she may request a hearing before a Hearings Officer to consider a conditional extension of up to 2 years before revocation. A request for a hearing shall be made by filing with the City Clerk a notice of appeal in writing and the appeal fee as set out in this By-law prior to the expiration of the one year period following the date of death. The notice of appeal must comply with the requirements as set out in Schedule 1 of the City's Hearings Officer By-lawA.-6653-1-21, as amended. PART 1I- - POWERS OF LICENCE MANAGER 1J-.1, The power and author¡ty to refuse to issue or renew a licence, to cancel, revoke or suspend a licence, to impose terms and conditions, including special conditions, on a licence, or to exempt any person from all or part of this By-law are delegated to the Licence Manager. 11,.2 The Licence Manager shall issue a licence or renew a licence where the requirements or conditions of this By-law have been met. l-1-.3 The Licence Manager may refuse to issue, refuse to renew or revoke or suspend a licence or impose a term or condition on a licence on the following grounds: - æelggji?fr--îr*****ET Fase # I - üåRu f L____:*J å_'- ' -J 12 (a) the conduct of the Applicant or Licensee, or any pártner, officer, director, employee or agent of the Applicant or Licensee, affords reasonable cause to believe that the Applióant or Licensee will not carry on his or her business in accordance with the law or'with honesty or integrity; (b) an Applícant or Licensee is carrying on activities that are in contravention of this By-law; (c) there are reasonable grounds to believe that an application or other documents provided to the Licence Manager by or on behalf of the Applicant or a Licensee contains a false statement; (d) any information contained in the original application form or any other information provided to the Licence Manager, has ceased to be accurate and the Licensee has not provided up- to-date accurate information to the Licence Manager to allow the Licence Manager to conclude that the Licence should continue; (e) an Applicant or Licensee does not meet, at any time, any of the requirements of this By-law or any conditions imposed on a Licence; (f) the Applicant or Licensee is not in compliance with any federal, provincial law or City By- law, including this By-law; (g) the Applicant or Licensee or any partner, officer or director has been convicted of an offence, for which a pardon has not been granted, pursuant to any one or more of Parts V (Sexual Offences), Vll (Offences Against Persons) or lX (Offences Against Property ) of the Criminal Code of Canada, R.S.C. 1-985 c. C-46, as amended or any other criminal convictions in the preceding five (5) years; (h) the Applicant or Licensee has been convicted of an indictable offence under any Statue of Canada, including but not limited to the Criminal Code of Canada, the Narcotic ControlAct, the Food and Drug Act, and the Controlled Drug and Substances Act during the preceding five (5) years; (¡) the Applicant or Licensee has been convicted of any other criminal offence for which, in the opinion of the Licence Manager, it would not be in the interest of public safety to ¡ssue a licence; 0 the Applicant or Licensee is currently under a prohibition order issued in any court within Canada that prohibits the operation of a motor vehicle; or (k) the Applicant or Licensee does not have a valid "G" Ontario Driver's Licence or equivalent or their driver's licence is under suspension. 11,.4 Notwithstanding any other provision of this By-law, the Licence Manager may impose terms and conditions on any licence at issuance, renewal, or any time during the term of the licence, including special conditions, as are necessary in the opinion of the Licence Manager to give effect to this By-law. LL.5 Where the Licence Manager is of the opinion that: (a) an application for a licence or renewal of a licence should be refused; (b) a reinstatement should not be made; (c) a licence should be revoked; (d) a licence should be suspended, or, (e) a term or condition of a licence should be imposed; the Licence Manager shall make that decision. 11.6 Where the Licence Manager has made a decision under subsection l-1.5 of this By-law the Licence Manager's written notice of that decision shall be given to the Applicant or the Licensee by registered mail to that person's last known address or that corporation's registered head office. I1,.7 The written notice to be given under section 11.6 of this By-law shall: (a) set out the grounds for the decision; (b) give reasonable particulars of the grounds; (c) be signed by the Licence Manager; and, (d) state that the Applicant or Licencee is entitled to a hearing by the Hearings Officer if the Applicant or Licensee files with the City Clerk a notice of appeal in writing and the appeal fee as set out in this By-law within ten (1-0) days after the notice ís section 1[.6 of this By- law is served. The notice of appeal must comply with the requirements as set out in Schedule 1 of the City's Hearings Officer By-lawA-6653-L2L as amended. 11-.8 Where no appeal is registered within the required time period, the decision of the Licence 13 Manager shall be final. It.g Despite section 1J,.7 of this By-law where a Licence is voluntarily surrendered by the Licensee for revocation, the Licence Manager may revoke the Licence without notice to the Licensee. PART 12 . HEARINGS BEFORE THE HEARINGS OFFICER t2.L The power and author¡ty to conduct hearings of appeals under this By-law are hereby delegated to the Hearings Officer. L2.2 The provisions of the City's Hearings Officer By-lawA-6653-1-2L as amended apply to all hearings conducted by the Hearings Officer under this By-law. L2.3 The Hearings Officer may uphold or vary the decision of the Licence Manager or make any decision that the Licence Manager was entitled to make in the first instance. L2.4 The decision of the Hearings Officer is final. PART 13 . ENFORCEMENT 13.1 This By-law may be enforced by an Enforcement Officer. \3.2 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this By-law, including carrying out an inspection. i-3.3 No person shallfailto produce immediately his or her Licence or any other relevant documents required under this By-law when requested to do so by the Licence Manager or an Enforcement Officer. PART 14 - INSPECTIONS L4.L Every Owner and Driver shall submit or cause to be submitted their C¡ty Plated Vehicle for inspection when required to do so by the Licence Manager or an Enforcement Officer to a place designated by the Licence Manager or an Enforcement Officer: (a) forthwith ¡f the Veh¡cle is in the presence of the Licence Manager, an Enforcement Officer or an Ontario Ministry of Transportation lnspector ahd the Vehicle is in Operation; or (b) within 24 hours of receipt of the request, at a time set by the Licence Manager or an Enforcement Officer, if the vehicle is not in the presence of the Licence Manager, an Enforcement Officer or an Ontario Ministry of Transportation lnspector. I4.2 Every Owner or Driver shall, upon the request of the Licence Manager or an Enforcement Officer during an inspection, produce all relevant licences, permits, invoices, vouchers, appointment books, Trip Sheets or like documents and the Llcence Manager or an Enforcement Officer may remove any of these documents for photocopying provided that the Owner or Driver is given a receipt and the documents are returned to him or her within 48 hours. 14.3 Notification of an inspection under section 14 of this By-law or an order made under this section of the By-law shall be serued on an Owner: (a) personally; (b) by registered letter mail to the last known address of the Owner, whether actually received or not; (c) personally on the Driver Operating the City Plated Vehicle; (d) by leaving a copy with and individual at a Brokerage associated with the owner; or (e) by facsimile to the last known facsimile number of a Broker associated with Owner. L4.4 An Enforcement Officer may require a Driver or an Owner to submit or cause to be submitted the¡r C¡ty Plated Vehicle for a random inspection, including an inspection by a designated mechanic or a designated representative of the manufacturer of the Tax¡cab Meter, at a time and place specified by the Enforcement Officer to ensure that the provisions of this By-law are being complied with. Â,gende le€ryÌ # Flee'¡e ** fl-E I t< , v Ê nb' Ë L-' _i 1'4.5 When the Licence Manager or an Enforcement Officer believes on reasonable grounds that a C¡ty Plated Vehicle is being Operated such that it is a danger to the health or safety otlne public, her or she may: (a) remove the Owner Plate; (b) order the Driver to have the Vehicle towed to a place of repair or other private property at the Driver or the Owner's expense; and (c) order the owner not to operate or permit to the operation of the Vehicle until the danger is remedied, the Veh¡cle has been inspected by the Licence Manager or an Enforcement Officer and, in the case of a Taxicab or Accessible Taxicab, the Taxicab Meter has been resealed; or (d) order the Owner to file a Safety Standards Certif¡cate dated after the date of the order. 14.6 For the purpose of this subsection, mechanical defect includes, but is not limited to, mechanical defects directly or indirectly related to any part or parts of the C¡ty plated Vehicle involving or affecting: (a) its brakes or braking system; (b) its steering system; (c) its suspension system; (d) its under body; (e) its exhaust system; (0 the condition of its tires; (g) its exterior or interior lamps; (h) its glass; (D its seat belt operation; (¡) its wheelchair restraÍnts, if applicable; (k) its heating system; or (l) the condition of the vehicle's body. \4.7 Every Owner whose City Plated Vehicle is deemed unsafe or dangerous due to mechanical defects, may be required to attend before the Licence Manager to determine whether or not his or her Licence should be suspended, revoked or have conditions imposed on it. 14.8 When the Licence Manager or an Enforcement Officer believes on reasonable grounds that a City Plated Vehicle does not comply with the requirements of this By-law he or she may order the Owner to bring it into compliance, and the order shall: (a) state the Owner Plate number of the Vehicle; (b) give reasonable particulars of any repairs to be made; (c) indicate the time for compliance with the order; (d) give notice that if the order is not complied with the Owner Licence may be suspended; and (e) require that the Owner Plate be returned to Licence Manager immediately. PART 15 - TARIFFS 15.1 Every Driver and Owner shall charge a Fare for each Trip as set out in Schedule "Y" of this By-law. 15.2 Every Taxicab Driver or Accessible Taxicab Driver shall draw his or her Passenger's attention to the amount of the Fare on the Tax¡cab Meter at the conclusion of the Tr¡p. 1-5.3 Every Limousine (Executive) Driver shall, when a Passenger enters a Limousine, calculate the correct Fare and communicate such Fare to the Passenger prior to commencement of the Trip, L5.4 No Driver or Owner shall receive a Fare or charge from any person unless the current Tariff Card is on display in accordance with the provisions of this By-law. 15.5 Notwithstanding section L5.1- of this By-law, a Taxicab Owner or Accessible Taxicab Owner and a Passenger or other person may enter into an agreement for parcel handling at an agreed upon charge, provided that the charge shall not apply to luggage accompanying a Passenger on a Trip to or from a transportation terminal. 1-5.6 All Fares as set out ¡n Schedule "Y" of this By-law are inclusive of H.S.T. t5.7 15.8 Due to the changing nature of the industry, at such times when Fares require adjustment, the Licence Manager shall ensure that: (a) Limousine (Executive) Fares are at least 150/o higher than a Ta,xicab Fares for the same Trip; (b) Limousine (Stretch) and Limousine (Classic) Fares are higher than Limousine (Executive) Fares; and (c) Group Transportation Vehicle Fares are higher than Limousine (Executive) Fares. PART 16 . LICENCE AND OTHER FEES 1-6.1- The annual Licence fees to be paid to the City ¡n this By-law shall be as listed in Schedule "Z" of this By-law. The fees in Schedule "Z" do not include H.S.T. PART 17 . PENALTY L7.1, Any person who contravenes any provision of this By-laW including any Schedules attached hereto, is guilty of an offence. 17.2 A director or office of a corporation who knowingly concurs in the contravention of any provision of this By-law is guilty of an offence. L7.3 A person convicted under this By-law is liable to a maximum fine of $25,000.00 upon afirst conviction and a maximum fine of $50,000.00 for any subsequent conviction. L7.4 Despite subsection 17.3 where the person convicted is a corporation, the corporation is liable to a maximum fine of $50,000.00 upon a first conviction and a maximum fine of $l-00,000.00 for any su bsequent conviction. 17.5 lf this By-law is contravened and a conviction entered, in addition to any other remedy and to any penalty ¡mposed by this By-law the court in which the conviction has been entered and any court of competent jurisdict¡on thereafter may make an order, (a) prohibiting the continuation or repet¡t¡on of the offence by the person convicted; and, (b) requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. PART 18 - GENERAL 1-8.1- lf any provision or part of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the balance of the By-law or its application in other circumstances, shall not be affected and shall continue to be in full force and effect. 18.2 lf there is a conflict between a provision of this By-law and a provision of any other City By- law, then the more restrictive provision shall apply. L8.3 Unless othenruise stated, the requirements of the Schedules to this By-law shall be in addition to all other requirements of this By-law. PART 19 - MISCELLANEOUS 1-9.L By-law L.-L26-256 and any amendments thereto are hereby repealed. L9.2 This By-law may be referred to as the "Taxicab and Limousine Licensing By-laW'. L9.3 This By-law shall come into force and effect on March L,2072. PASSED in Open Council ,2OTI Agenda Etêm # 16 Joe Fontana Mayor Catharine Saunders City Clerk First reading - Second reading - Third readíng - Aç6nee *tes,n # L7 SCHEDULE "A' - DRIVER LICENCE: APPLICATIONS AND RENEWALS L.1- Every Applicant for a Driver Licence or a renewal thereof shall: (a) attend at the office of the Licence Manager in person and complete a written application form for such Licence and have their photograph taken; (b) file with the Licence Manager documentation showing proof of Canadian Citizenship, Landed lmmigrant Status; or a Work Permit to work as a driver issued by the Government of Canada; (c) submit to the Licence Manager a valid Class G driver's licence issued by the Province of Ontario which is in good standing according to the records of the Ministry of Transportation; (d) submit to the Licence Manager proof that they are at least l-8 years of age; (e) have completed an English assessment exam administered by the Licence Manager with a ' minimum grade of 75o/o or a minimum grade of 85%o for a subsequent attempt made at least two months after a previous attempt; (Ð have completed a Driver Training-examination administered by the Licence Manager with passing grade ot75o/o or a minimum grade of 85%o for a subsequent attempt made at least two months after a previous attempt; (g) submit to the Licence Manager a CIR from the London Police Services dated no earlier than 60 days prior to the Application for a Licence; (h) submit to the Licence Manager a Ministry of Transportation driver's abstract dated no earlier than 60 days prior to the Application for a Licence; (i) provide a certificate prepared by a qualified medical practitioner which states that the Applicant is physically and mentally capable of performing the duties of a Licenced Driver being applied for; and ü) comply with all of the provisions of this By-law. 1,.2 An Applicant applying for a renewal of a Driver Licence: (a) shall be exempted from the requirement for an English assessment exam in subsection l-.]-(e) of this Schedule; (b) may be exempted from the requirement for a Driver Training exam in subsection 1.1(f) of this Schedule if he or she files with the Licence Manager every four years or sooner as required by the Licence Manager, proof of completion of a training course or a written test approved by the Licence Manager with a minimum grade of 750lo; and (c) may be exempted from the requirement to provide a medical certificate subsection 1-.1-(i) of this Schedule unless the Licence Manager believes that it would be in the public ¡nterest to require such certificate. A.çæqlda lt@rÈ'? # ^ r*--T Ë---Ëliè fr{¡utff SCHEDULE "8" - DRIVER DUTTES: BASIC REGULATTONS 1'1 Every Licensed Driver shall: (a) carry his or her driver's licence issued under the Highway TrafficAcf, and his or her Licence while operating a City plated Vehicle; (b) affix his or her Licence in a position in the City Pfated Vehicle so that the side of the Licence conta¡n¡ng the photograph is plainly visible to and readable by Passengers in the front seat and back seat of the vehicle; (c) display the tariff card so that ¡t is plainly visible to and readable by Passengers in the front seat and back seat of the vehicle; (d) maintain an accurate Trip Sheet of all Trips made by the driver during each shift. The Trip Sheet shall be updated at the conclusion of each Trip; The minimum information required to be recorded on the Trip Sheet is: (D lnformation regarding each Shift: i (a) the date and time, and odometer reading at the shiftistart; (b) the date and time, and odometer reading at the shiftrend; (c) the Driver's name and Licence number; (d) the City Plated Vehicle number; and (¡¡) lnformation regarding each Trip: (a) Time of call or pick-up; (b) Location of each pick-up and drop-off; (c) Number of passengers; and (d) Amount of the Fare; (e) retain allTrip Sheets for any driven City Plated Vehicle for at least 12 months; (Ð keep in the City Plated Vehicle a current Maintenance Log for the same vehicle; (g) have in the City Plated Vehicle a current street guide or City map; (h) each shift before driving examine the C¡ty Plated Vehicle for mechanical or other defects and similarly examine it at the end of each shift, and ¡f the Driver is not the Owner, report any mechanical defects forthwith to the Owner and enter such defects into the Ma¡ntenance Log. (¡) report forthwith to the Licence Manager if he or she is convicted of any offence under the Criminal Code of Canada, the Narcotic ControlAct, the Food and Drug Act, the Controlled Drug and Substances Act or the Highway Traffic Act; 0 report immediately to the Licence Manager when he or she has had his or hêr drÍver's licence issued under the Highway Traffic Act canceled, suspended, or revoked, or when the driver's licence has expired, and surrender his or her Licence to the Licence Manager; (k) provide forthwith if requested by the Licence Manager a certificate prepared by a qualified medical practitioner which states that the Applicant is physically and mentally capable of performing the duties as a Driver of City Plated Vehicle; (D be civil, courteous, refrain from using profanity, and offer to assist a Passenger when it is evident that the Passenger is a Person with a DisabÍlity, is elderly, or is in need of assistance; (m) when Operating a City Plated Vehicle be neat and clean in personal appearance, wearing clothes that are neat and free from soil, grease, dirt, rips, and tears; (n) when Operating a City Plated Vehicle punctually keep all appointments, and not make any appointments ¡f a previous engagement would prevent him or her from fulfilling it; (o) when a Passenger enters the City Plated Vehicle and gives the Driver the desired destination, take the most expeditious possible route to the destination desired, unless the Passenger designates othenruise; (p) when Operating a City Plated Vehicle take care of all properly delivered or entrusted to him or her and accepted by him or her; (q) immediately upon terminat¡on of a Trip, search his or her City Plated Vehicle for any property left therein and deliver the property to its owner or if its owner cannot be found, to the London Police Services; (r) provide to a Passenger if requested, a receipt, showing: the Driver's name; the Owner's Plate number for the vehicle; the date and time of the Trip; the points of origin and destination of the Trip, the cost of the Trip as determined by the Fare; (s) unless his or her City Plated Vehicle has been previously engaged, provide a Conveyance Service to any Person who may require his or her City Plated Vehicle, refusing only when: 0 the Dr¡ver is concerned for his or her personal safety; (ii) the person has not paid a previous Fare or cancellation charge; l_9 (¡i¡) the person is, in the opinio*n"ffiiñälfivffi unwilling to the pay the Fare and has been unable or unwilling, when given the opportunity to do so, to satisfy the Driver that he or she has funds to pay the Fare; or (iv) the person is a Grossly Unclean lndividual; (t) ensure that the City Plated Vehicle's seat belts are plainly visible to and may be conveniently used by the Passenger; (u) maintain the interior and exterior of the City Plated Vehicle while he or she is Operating it, in a clean and tidy condition, including maintain the inter¡or: (D free from all dust, dirt, grease, oil, adhesive resin and any other item that can be transferred on to the person, clothing or possessions of a Passenger; (D free of all waste paper, cans, garbage or any other item not intrinsic to the Operation of the city Plated vehicle; (iii) free of noxious substances; (iv) free of excess wear including tears and cigarette burns in the upholstery; (v) in a dry condition; (vi) in good repair; (vii) with working seat belts; (viii) with s¡de windows that open and close; (ix) with every seat securely mounted maintaining its position and adjustment; (x) with a working dome light that will activate automatically when the vehicle doors open; and maintain the exter¡or: (x¡) free from all dust, dirt, grease, oil, adhesive resin and any other item that can be transferred on the person, clothing or possessions of a Passenger, except water or SNOW; (xii) in good repair; (xiii) free from exterior body damage; (xiv) with no missing or removed fender, grill or molding; (>a¡) with securely closing doors and trunk lid; (xvD with all handles and catches in good repair; (xvii) paint or finish; and (xviii) with four matching hubcaps or wheels. SCHEDULE "C' . DRIVER PROHIBITIONS 2.1, No Licensed Driver shall: (a) operate a City Plated Vehicle that does not have a valid owner plate affixed thereto; (b) Operate a City Plated Vehicle whose owner is not Licensed for the City plated Vehicle; (c) Operate a City Plated Vehicle with luggage or other material therein obstructing the Driver's view; (d) operate, if applicable, a City Plated Vehicle unless it is equipped with an operating camera system in accordance with this By-law; (e) Operate, if applicable, a City Plated Vehicle unless the decal stating that photographic images of the Passengers are being recorded is installed Ín the City plated veh¡cle in accordance this By-law; (Ð fail to provide exact change to the Passenger; (g) make any charge for time lost through defects or inefficiency of the City plated Vehicle or the incompetence of the Driver; (h) make any charge for the time elapsed due to early arrival of the City Plated Vehicle in response to a call for the c¡ty Plated vehicle to arrive at a fixed time; 0 engage in any misleadíng or deceiving statement or representation to a person about the location or distance of any destination named by that person; (¡) have taken, consumed or have in his or her possession any alcohol, drugs or intoxicants while Operating a City Plated Vehicle; (k) solicit or permit the solicitation of any person to become a Passenger; (D carry in any City Plated Vehicle a greater number of Passengers than is set out ¡n the manufacturerrs rating of seating capacity for such vehicle, and for which a fully operational seat belt is available for each Passenger's use; (m) take on additional Passengers after the vehicle has departed with one (L) or more Passengers from any one start¡ng point, except under the following circumstances: (i) when done at the request or permission of a Passenger who is sixteen years of age or older and who is already in the vehicle; (¡D in an emergency situation; or (iii) on a Trip exclusively taking student to or from school; (n) interfere in any way with the normal use of a public place or with surrounding traff¡c; (o) Operate a City Plated Vehicle unless it meets the standards for the issuance of a Safety Standard Certificate; (p) recommend hotels, restaurants or other like facilities unless asked to do so by the Passenger; (q) smoke inside a City Plated Vehicle; and (r) use or accept cellular telephone calls when engaged by a Passenger. Agèñdâ ltem * Page # 2I SCHEDULE ff D'' - T CCESSIBLE TAXICAB DRIVER T. DRIVER'S LICENCE APPLICATIONS AND RENEWALS l.L Schedule "4" sets out the regulations for applicat¡ons and renewals for a Taxicab Driver Applicant or an Accessible Taxicab DriverApplicant; 1.2 ln addition to subsection l-.1-, everyApplicant for an Accessible Taxicab Driver Licence or a renewal thereof shall; (a) hold a valid Taxicab Driver Lícence; (b) satisfactorily complete a sensitivity course approved by the Licence Manager pertaining to the transportation of Persons with Dísabilities and, subsequently complete a written examination administered by the Licence Manager with: (c) a minimum grade of 75o/o for a first attempt; or (d) a minimum grade of 85%o for a subsequent attempt made at least one month after a previous attempt; and (e) submit his or her Taxicab Driver Licence to the Licence Manager for endorsement as an Accessible Taxicab Driver Licence. 1.3 An Applicant applying for a renewal of an Accessible Taxicab Driver Licence may be exempted from the requirement of a sensitivity course or the written examination in subsection t.2(b) of this Schedule if he or she files with the Licence Manager every four years or sooner as required by the Licence Manager, proof of completion of a sensitivity course approved by the Licence Manager pertain¡ng to Persons with Disabilities or completes a written examination approved by the Licence Manager with a minimum grade of 75o/o. 2. DRIVER'S DUTIES 2.r Schedule "8" sets out basic driver duties for a Taxicab Driver or an Accessible Taxicab; 2.2 ln addition to subsection 2.1, every Taxicab Driver or Accessible Taxicab Driver shall (a) engage the Tax¡cab Meter at the commencement of the Trip, keep it engaged throughout the Trip; (b) at the conclusion of the Trip, place the Taxicab Meter in the time-off position and after payment at the vacant status; (c) (d) enter a Taxi Stand by positioning his or her Taxicab at the end of any line formed by other vehicles and remain in the driver's seat, ready to provide a Conveyance Service, when first or second in the line. 2.3 Also, everyAccessible Taxicab Driver shall: (a) ensure that all wheelchairs being transported within the Accessible Taxicab are securely fastened so as to prevent them from moving when the Accessible Taxicab is in motion; (b) record the number of Trips of Persons with Disabilities and persons without disabilities on his or her Trip Sheets; and (c) ensure that the Accessible Ta 3. DRIVER'S PROHIBITIONS 3.1 Schedule "C" sets out basic driver prohibitions for a Taxicab Driver or an Accessible Taxicab Driver; 3.2 ln addition to subsection 3.1, no Licensed Taxicab Driver or Licensed Accessible Taxicab 22 Driver shall: (a) Operate a Taxicab or Accessi Meter: (D does not properly calculate the Fare with the rates in Schedule "y" of this By-law; (i¡) when the seal is not intact or has been broken; (¡¡¡) does not illuminate; (¡v) is not clearly visible to Passengers; or (v) is not in good working condition. (b) Operate a Taxicab or Accessible Taxicab without side numbers and a properly functioning roof light; (c) overcrowd a Taxi Stand or displace any Taxicab or Accessible Taxicab already at the Taxi Stand; (d) interfere in any way with the normal use of a Taxi Stand; -Aç*nda Btcrn # FAçe # ¡-?fl-*T*r 23 f; 1 åÈ {a.\ Ë SCHEDU!-E "E" - E'trygla9RvER L. DRIVER'S LICENCE APPLICATIONS AND RENEWALS L.L Schedule "4" sets out the regulations for applications and renewals for a Limousine Driver Applicant; 2. DRIVER'S DUTIES 2.1, Schedule "8" sets out bas¡c driver duties for a Limousine Driver; 2.2 ln addition to subsection 2.1, every Limousine Driver shall: (a) when a Passenger enters a Limousine, calculate the correct Fare as in Schedule "Y" of this By-law and communicate such Fare to the Passenger prior to commencement of the Trip, 3. DRIVER'S PROH¡BITIONS 3.L Schedule "C" sets out bas¡c driver prohibitions for a Limousine Driver; 3.2 ln addition to subsection 3.1, no Licensed Limousine DrÍver shall: (a) stop for or accept any street fares; (b) use a Taxi Stand or other place set aside for a Taxi; (c) interfere in any way with the normal use of a Taxi Stand. (d) provide a Conveyance Service unless the Conveyance Service provided is by pre- arrangement reserved in advance by at least 15 minutes 24 SCHEDULE "F' - GROUP TRANSPORTATION VEHICLE DRIVER 1.. DRIVER'S LICENCE APPLICATIONS AND RENEWALS L.1' Schedule "A" sets out the regulations for applications and renewals for a Group Transportation Veh icle D river Applicant; 2. DRIVER'S DUTIES 2.1 Schedule "B" sets out basic driver duties for a Group Transportation Vehicle Driver; 3. DRIVER'S PROHIBITIONS 3.1- Schedule "C" sets out basic driver prohibitions for a Group Transportation Vehicle Driver; 3.2 Also, no Licensed Group Transportation vehicle Driver shall: (a) stop for or accept any street fares; (b) use a Taxi Stand or other place set asíde for a Taxi; (c) interfere in any way with the normal use of a Taxi Stand. (d) províde a Conveyance Service unless the Cor¡veyance Service provided is by pre- arrangement reserved in advance by at least l_S minutes Aç*nda låem # Fage # r--;*ÌffiIr 25 scHEDULE *c" - owNEkK:Eïvtåå;##roNS AND RENEWALS 1-. LICENCE APPLICATIONS AND RENEWALS 1".t A person who is the Owner of more than one Owner Licence shall take out a separate Owner Licence and Owner Plate for each vehicle to be Plated and Operated or permitted to be Operated as a city Plated vehicle. L.2 EveryApplicant for an Owner Licence or a renewaithereof shall: (a) attend at the office of the Licence Manager and complete a written Application for such Licence by: 0 the individual if the Applicant is an individual; (¡D one partner of the partnership if the Applicant is a partnership; or (ii¡) if applicable, one officer or director of the corporation having signing authority ¡f the Applicant is a corporation; (b) hold a valid Driver Licence for the same class on the application by: 0 the ¡ndividual if the Applicant is an individual; (¡¡) each partner of the partnership if the Applicant is a partnership; or (¡i¡) if applicable, one officer or director of the corporation if the Applicant is a corporation; (c) provide a CIR from the London Police Services dated not older than 60 days prior to the Application for a Licence by: (¡) the individual if the Applicant is an individual; (¡¡) each partner of the partnership if the Applicant is a partnership; or (iii) if applicable, each officer or director of the corporation if the Applicant is a corporation; (d) file with Licence Manager: (¡) proof that the vehicle to be Plated has a current motor vehicle permit that is in good stand¡ng issued under the Highway Traffic Act and is either registered in his or her name or leased by him or her; (¡D proof of insurance in respect of the vehicle to be Plated indemnifying and protect¡ng the Owner and the public, including Passengers, in the amount of $2,000,000.00, which insurance shall be satisfactory to the Licence Manager who shall be notified in writing at least 60 days prior to the date of its cancellation or expiry; (¡¡i) a Safety Standards Certificate issued within the previous 60 days with respect to the vehicle to be Plated; and (iv) if the vehicle to be Plated requires a Taxicab Meter, a certificate of accuracy with respect to the Taxicab Meter ¡nstalted in the vehicle to be Plated completed within the previous 30 days by a qualified and authorized representative of the manufacturer of the Tax¡cab Meter on his or her letterhead stating that the Taxicab Meter is properly sealed and registers accurately; (e) submit for inspection and approval by the Licensing Manager the vehicle that is to be Plated that meets all of the appropriate vehicle requirements; and (Ð comply with all of the provisions of this By-law. rt Açeruda lter¡r # PACç # HlË f Bcåriu 26 ,,H' ' Ë* t j scHEDULE - owNER DUTTES i--- - Ë -. T, OWNER'S DUTIES 1.1- Every Licensed Owner shall: (a) keep at all times in the vehicle for which the City Plated Vehicle was issued, the original or a photocopy of the original of each of the following documents: (i) the current Owner Licence issued under this By-law; (ii) a current Ministry of Transportation Passenger Motor Vehicle permit issued for the c¡ry Plated Vehicle; (iii) the certificate of insurance for the City Plated Vehicle obtained in accordance with the requirements of this By-law.; and (iv) have a Safety Standards Certificate in the City Plated Vehicle for such vehicle where the where the current odometer is within 60,000 kilometres of the certificate. (b) maintain the C¡ty Plated Vehicle in good condition at alltimes. Without limitation every Owner shall: 0 maintain all drive train components, the engine, transmission, suspension and braking system in accordance with Ontario Regulation 611 of the Highway Traffic Act; as amended from time to time; (¡¡) maintain allfactory and after-market parts such as lamps, latches, seats, body parts, windows, heater and defroster systems free of defects or damage and in compÍete operational order; and (i¡D maintain the vehicle generally to allow for its safe operation; (c) repair all of the vehicle's mechanical defects immediately when reported by a Dríver, the Licence Manager, or an Enforcement Officer; (d) ma¡nta¡n in the vehicle a Maintenance Log recording all maintenance and repairs performed on the vehicle within the preceding 12 months; (e) maintain the interior and exterior of the vehicle in a clean and tidy condition, including maintaín the interior: 0 free from all dust, dirt, grease, oil, adhesive resin and any other item which can be transferred on to the person, clothing or possessions of a Passenger; (i¡) free of all waste paper, cans, garbage or any other item not intrinsic to the Operation of the c¡ty Plated Vehicle; (iii) free of noxious substances; (¡v) free of excess wear including tears and cigarette burns in the upholstery; (v) in a dry condition; (vD in good repair; (viD with working seat belts; (viii) w¡th side windows that open and close; (ix) with working door locks for the passenger's use; (x) with every seat securely mounted maintaining its position and adjustment; (xD with a working dome light that will activate automatically when the vehicle doors open; and maintain the exterior: (xii) free from all dust, dirt, grease, oil, adhesive resin and any other item which can be transferred on the person, clothing or possessions of a Passenger, except water or SNOW; (xiii) in good repair; (xiv) free from exterior body damage; (>o¡) with no missing or removed fender, grill or molding; (>a¡i) with securely closing doors, hood, and trunk lid; (xvii) with all handles and catches in good repair; (xviii) paint or finish; and (xix) with four matching hubcaps or wheels; (Ð submit each City Plated Vehicle for a safety inspection annually by a motor vehicle inspection mechanic at a motor vehicle inspection station as defined by the Highway Traffic Act and at other times as requested to do so by the Licence Manager or an Enforcement Officer; (g) if equipped with a Taxicab Meter: 0 submit each Taxicab Meter for testing, inspection and sealing by such person as the Licence Manager directs at any time; (¡i) submit a certificate of accuracy sat¡sfactory to the Licence Manager for any Taxicab Meter for testing, inspection and sealing completed within 30 days pr¡or to the Owner Plate renewal; (h) maintain insurance on the City Plated Vehicle as required in this By-law; (D file with the Licence Manager at least 5 business days prior to the expiry date of any current insurance policy an insurance renewal policy or certificate of insurance; ú) ensure that every person involved in the Operation of his or her City Plated Vehicle complies w¡th all of the requirements of this By-law; and 1,.2 know at all times the identity of any person having custody of or control over his or her City Plated vehicle. Agenda ltøn¡ * SCHEDULE *J'' L. LICENCE APPLICATIONS AND RENEWALS *G" L-1- lncluding references to the Applicant as a corporation in Schedule "G", Schedule sets out the regulations for applications and renewals for a Ctass ATaxicab Owner Licence or Class A Accessible Taxicab Owner Licence. 1".2 ln addition to the requirements of section L.l- of this Schedule, excluding references to the Applicant as a corporation in Schedule "G", Schedule "G" sets out the regulatiõns for applications and renewals for a Class B Taxicab Owner Licence or Class B Accessible Taxicab Owner. 1.3 An Applicant shall not be eligible for a Class B Taxicab Owner Licence or a Class B Accessible Taxicab Owner Licence if: (a) the Applicant is an individual that holds a Taxicab owner Licence or an Accessible Taxicab Owner Licence; (b) the Appl¡cant is a partnership that holds a Taxicab Owner Licence or an Accessible Taxicab Owner Licence; (c) the Applicant is a partner ín a partnership that holds a Taxicab Owner Licence or an Accessible Taxicab Owner Licence; (d) the Applicant is an officer, director, or a shareholder in a corporation that holds a Taxicab Owner Licence or an Accessible Taxicab Owner Licence; or (e) the Applicant is a corporation. 2. VEHTCLE REQUTREMENTS 2.L Every Owner shall ensure that his or her TaxÍcab or Accessible Taxicab has: (a) a seating capacity of not less than 5 and not more than 10 individuals; (b) 4 doors including 2 rear passenger doors; (c) an illuminated electric sign securely affixed to the top of the vehicle and connected to the Taxicab Meter so as to be lit from dusk to dawn when the Taxicab is not providing a Conveyance Service and indicating that that the vehicle is a Taxicab or Accessible Taxicab and the name of the Fleet it belongs to; (d) two (2) exterior emergency lights in locations approved by the Licence Manager that: 0 have an intermittent flasher to continuously flash until reset or disengaged and a silent activation switch within easy reach of the Driver; (ii) are amber ín colour, at least 5 centimetres in diameter, shock resistant,wired on an independent circuit, upon activation visible from the front and rear of the vehicle at a distance of not less than L5 metres but not visible to any individual in the vehicle, and (iiD are installed fonryard-facing at the front of the vehicle and installed rear-facing at the rear of the vehicle; and (e) a City issued 911 Bumper Sticker located in proximity to the rear emergency light. (0 a Taxicab Meter for regÍstering dÍstance traveled, waiting time, and for computing Fares that is; 0 illuminated between dusk and dawn; (ii) clearly visible to Passengers; (iii) adjusted in accordance with rates Ín Schedule "Y" of this By-law; (iv) used only when the seal is intact; (v) used for not longer than one year without retesting, re-inspection and resealing; and (vD kept in good working condition at all times; (g) a fully-operational security camera system; 0 has been approved by the Licence Manager; (iD is capable of recording images of persons in the Taxicab or Accessible Taxicab at all hours of the day or night; (i¡i) with access to the information recorded by the camera system shall be limited to the Enforcement Officer to access the informat¡on for law enforcement purposes only; (h) a decal or sign satisfactory to the Licence Manager installed in a location approved by the Licence Manager indicating that photographic images of the passengers are being recorded; (i) the number of the Owner Plate issued for the Taxicab or Accessible Taxicab displayed on the exterior sides of both front doors and right rear trunk hood in contrasting colours at least I centimetres high; Agenda ltarn * 0) the Owner Plate issued for the Tax Taxicab securely affixed to its right rear trunk; (k) a colour scheme approved by the Licence Manager; and (l) a windshield and any windows to the direct left or right of the driver's seat that are free from any type of tinting or coating with coloured spray or other coloured or reflective material. 2.2 ln addition to the requirements of section 21 of this Schedule, every Accessible Taxicab Owner shall ensure that his or her Accessible Taxicab: (a) is equipped with an extra tire, wheel and jack ready for use for thatAccessible Taxlcab; (b) has wheelchair tie downs; (c) has a f¡rst a¡d kit; (d) has a dry chemical fire extinguisher having an effective total rat¡ng of at least 4-BC and weighing 2.27 kilograms; (e) has operable air-conditioning and heating; and (D is in compliance with the Canadian Standards Association's Standard D409-M84 and all other federal and provincial legislation. 2.3 For the purpose of this By-law the age of any motor vehicle shall be determined by counting the model year as the first year. 2.4 No motor vehicle more than seven (7) years old and no Low Emission Vehicle more than eight (8) years old may be Plated as a Taxicab under this By-law. 2.5 No motor vehicle older than four (4) years may be Plated for the first time as a Taxicab under this By-law. 3. OWNER'S DUTIES 3.L Schedule "H" sets out the basic regulations for Owners duties for all Classes of Taxicab Owner Licences; 3.2 ln addition to all of the requirements set out in section 3.L of this Schedule, every Accessible Taxicab Owner shall: (a) ensure that the Driver of his or her Accessible Taxicab keeps an accurate record of the number Trips made for Persons with Disabilities and for persons without Disabilities on his or her Trip Sheets; (b) ensure that the Driver of his or her Accessible Taxicab records the total number of Trips made for Persons with Disabilities and for Persons without Disabilities from the Trip Sheets for each month; and (c) ensure that the Driver of his or her Accessible Taxicab gives priority for providing Conveyance Service to Persons with Disabilities over persons without disabilities. 3.3 ln addition to all of the requirements set out in section 3.1- and 3.2 of this Schedule, every Class B Accessible Taxicab Owner shall: (a) ensure that all Drivers in his or her Accessible Taxicab are affiliated with the same Broker as the Accessible Taxicab Owner; (b) maintain an affiliation with a Broker; (c) notify the Licence Manager in writing of any change of its affiliation with a Broker within 5 business days of any such change. (d) operate his or her Accessible Taxicab on a full-time basis for a minimum of 35 hours a week for 40 weeks for the one (1-) year period prior to the renewal of the Owner Licence; and (e) if the Owner is a partnersh¡p, each partner shall drive his or her Accessible Taxicab on a full-time basis for a minimum of 35 hours a week for 4O weeks for the one (L) year period prior to the renewal of the Owner Licence. 3.4 Notwithstanding subsections 3.3(d) and (e) of this Schedule, the Licence Manager may exempt an Accessible Taxicab Owner from the minimum hours of operation required if, on account of illness, injury or other medical disability, he or she has been unable to meet the requirements of that subsection, if he or she files with the Licence Manager a statutory declaration so stating, together with supporting documentation including a medical certificate from a physician certified to practice in Ontar¡o and such other evidence as the Licence Manager may require and the statutory declaration shall also state that he or she did meet the requirements of subsections 3.3(d) and (e) of this a# 30 Schedule before the onset of his or her medical disability. 3.5 No person issued a Class B Taxicab Owner Licence or a Class B Accessible Taxicab Owner Licence shall: (a) lease or give up possession, transfer, assign or convey any right, title or interest in the Taxicab or Accessible Taxicab Owner Licence, except in accordance with this By-law; or (b) give up possession, custody or control of his or her Taxicab or Accessible Taxicab except to Drivers engaged by him or her to operate his or her Accessible Taxicab on a shift basis. 4. OWNER'S PROHIBTTIONS 4.L No Licensed raxicab owner or Accessible Taxicab owner, shall: (a) permit any person to Operate his or her Taxicab unless that person is Licensed as a Taxicab Driver under this By-law; (b) permit any person to Operate his or her Accessible Taxicab unless that person is Licensed as an Accessible Driver under this By-law; (c) permit his or her Owner's Plate to be used with respect to any other vehicle other than the vehicle for which the Owner's plate was issued; (d) require or permit a Driver of the Owner's Taxicab or Accessible Taxicab, to work when that person's ability to perform his or her duties is impaired by fatigue, illness or othen¡rise; (e) require or permit a Driver to operate the Owner's Taxicab or Accessible Taxicab when the Driver has been on duty for more than l-2 hours within a24 hour period without first taking 8 consecutive hours off duty; (D Operate, cause or permit his or her Taxicab or Accessible Taxicab to be Operated with mechanical defects; (g) Operate or permit his or her Taxicab or Accessible Taxicab to be Operated, without an Owner's Plate for that vehicle having been issued under this By-law; (h) Operate or permit his or her Taxicab or Accessible Taxicab to be Operated without an Safety Standards Certificate for that vehicle which is more than 60,000 kilometers under the current odometer; put any name, address or telephone number or identification other than that of the Broker with whom the Owner is affiliated, on the vehicle; 0 Operate or permit his or her Taxicab or Accessible Taxicab to be Operated in affiliation with a Broker who is not licensed under this By-law; 0 permit a person to Operate his or her Taxicab or Accessible Taxicab when the Tax¡cab Meter is out of order or defective in any way; (k) use or permit to be used on his or her Taxicab or Accessible Taxicab a colour scheme that is not approved by the Licence Manager or simulates a colour scheme used by another Broker; (l) use or permit to be used in his or her Taxicab or Accessible Taxicab a scanning device or more than one two-way radio communication system and one cellular telephone; and (m) fail to maintain his or her Taxicab Or Accessible Taxicab in operation for a period of at least 120 successive days. 5. NUMBER OF TAXICAB AND ACCESSIBLE TAXICAB OWNER LICENCES 5.1- A limitation is imposed on the issuance of Taxicab Owner Licences at whichever number is greater: (a) the number of licences issued under By-law No. L-126-256 immediately before its repeal; of, (b) a ratio of one Class ATaxicab Owner Licence for each l-,030 residents of the City of London. The total number of residents of the City to be determined annually from the latest revised population figures available from Statistics Canada. 5.2 A limitation is imposed on the number of Accessible Taxicab Owner Licences at the ratio of one (1) Licence for every 18 Class ATaxicab Owner Licences. 5.3 The Licence Manager shall issue new Taxicab Owner Licences and Accessible Taxicab Owner Licences only at such times as the formula referred to in subsection 5.1 and 5.2 of this Schedule warrants the issuance of new Taxicab Owner Licences and Accessible Taxicab Owner Licences. lf warranted, the new Licences shall be issued within 90 days from official figures being available from Statistic Canada all in-city post-secondary educational institutions, in order from the Taxicab Priority List or the AccessÍble Taxicab Priority List. 31 5.4 Notwithstanding any provisions of this By-law, no individual corporation or group of corporations having a common shareholder or part Owner with a total of more than 50%o of the shares of ownership shall have more than 35% of the total number of all versions of Taxicab Owner Licences. 32 SCHEDU ].. LICENCE APPL¡CATIONS AND RENEWALS l.L lncluding references to the Applicant as a corporation in Schedule "G", Schedule ,,G" sets out the regulations for applications and renewals for a Limousine owner Licence; 2. VEHTCLE REQUTREMENTS 2.L Every Owner shall ensure that his or her Limousine has: (a) two (2) exterior emergency lights in a location approved by the Licence Manager that: 0 have an intermittent flasher to continuously flash until reset or disengaged and a silent activation switch within easy reach of the Driver; (iD are amber in colour, at least 5 centimetres in diameter, shock resistant,wired on an independent circuit, upon act¡vation visible from the front and rear of the vehicle at a distance of not less than 15 metres but not vÍsible to any individual in the vehicle, and (i¡i) are installed forward-facing at the front of the vehicle and installed rear-facing at the rear of the vehicle; and (iv) a City issued 91-1- Bumper Sticker located in proximity to the rear emergency light; (b) a fully-operational securíty camera system; (D has been approved by the Licence Manager; (iD is capable of recording images of persons in the Limousine at all hours of the day or night; (iiD with access to the information recorded by the camera system shall be limited to the Enforcement Officer to access the information for law enforcement purposes only; (c) a decal or sign satisfactory to the Licence Manager ¡nstalled in a location approved by the Licence Manager indicating that photographic images of the passengers are being recorded; (d) the Owner Plate issued for the Limousine securely affixed to its right rear trunk; and (e) a windshield and any windows to the d¡rect left or right of the driver's seat that are free from any type of tinting or coating with coloured spray or other coloured or reflective material. 2.2 For the purpose of this By-law the age of any motor vehicle shall be determined by counting the model year as the first year. 2.3 No motor vehicle more than six (6) years old and no Low Emission Vehicle more than seven (7) years old may be Plated as a Limousine under this By-law. 2.4 No motor vehicle older than two (2) years may be Plated for the first time as a Limousine under this By-law. 2.5 Sections 2.2,2.3 and 2.4 of this Schedule do not apply to a Limousine (Classic). 3. OWNER'S DUTIES 3.1 Schedule "H" sets out the basic regulations for Owners duties for all Limousine Owner Licences; 4. OWNER'S PROHIBITIONS 4.1, No Licensed Limousine Owner, shall: (a) permit any person to operate his or her Limousine unless that person is Licensed as a Limousine Driver under this By-law; (b) permit hís or her owner's Plate to be used with respect to any other motor vehicle other than the vehicle for which the Owner's plate was issued; (c) require or permit a Driver of the Owner's Limousine, to work when that person's ability to pefform his or her duties is impaired by fatigue, illness or othenryise; (d) require or permit a Driver to operate the Owner's Limousine when the Dr¡ver has been on duty for more than t2 hours within a24 hour period without first taking 8 consecutive hours off duty; (e) Operate, cause or permit his or her Limousine, to be Operated with mechanical defects; (0 operate or permit his or her Limousine to be operated, without an owner's plate for that vehicle having been issued under this By-law; (g) operate or permit his or her Limousine to be operated without an safety standards Agenda lt€rn # Certificate for that veh¡cle that is more than of the current odometer; (h) put any name, address or telephone number or identification other than that of the Broker with whom the Owner is affiliated, on the vehicle; (¡) Operate or permit his or her Limousine to be Operated in affiliation with a Broker who is not licensed under this By-law; û) display or permit the display of any advertisement on or in the Limousine except one permanently attached exterior advertising sign not exceeding 36 cm x 5l- cm (14" X 20") in size on each of the side panels of the front doors of the Limousine and on the rear trunk lid of the Limousine, such sign relating solely to the Limousine business of the Owner, or affiliated Broker; (k) use or permit to be used in his or her Limousine a scanning device or more than one two- way radio communication system and one cellular telephone; and (D use or permit to be used in his or her Limousine any roof sign or top light or any method to indicate for hire. 5. NUMBER OF LIMOUSINE OWNER LICENCES 5.1- A limitation is imposed on the issuance of Limousine Owner Licences at wh¡chever number is greater: (a) the number of licences issued under By-law No. L-126-256 immediately before its repeal; Of' (b) a ratio of one (L) Licence for each four (4) Class ATaxicab Owner Licences plus Class B Taxicab Owner Licences not including Accessible Taxicab Owner Licences. 5.2 The Licence Manager shall issue new Limousine Owner Licences Owner Licences only at such times as the formula referred to in subsection 5.1- of this Schedule warrants the issuance of new Limousine Owner Licences. lf warranted, the new Licences shall be issued within 90 days from official figures being available from Statistic Canada all in-city post-secondary educational institutions, in order from the Limousine Priority List. 5.3 Notwíthstanding any provisions of this By-law no individual corporation or group of corporations having a common shareholder or part Owner with a total of more than 50%o of the shares of ownership shall have more than 350/o of the total number of Limousine (Executive) Owner Licences. Açenda Ítosz"¡ # Þç_^ ¿ È-fl-._ftÞdæ*- -'4:í'çW f ì f f ìr å ¿t 34 Ê ' ËË f SCHEDULE "L' - cROUp TRANSpORTATTON VEHTCLE OWNER 1. LICENCE APPLICATIONS AND RENEWALS 1.1- lncluding references to the Applicant as a corporation in Schedule "G", Schedule "G" sets out the regulations for applications and renewals for a Group Transportation Vehicle Ourner Licence; 2. VEHTCLE REQUTREMENTS 2.L Every Owner shall ensure that his or her Group Transportation Vehicte has: (a) exterior emergency lights in a location approved by the Licence Manager that: 0 have an intermittent flasher to continuously flash until reset or disengaged and a silent activation switch within easy reach of the Driver; (ii) are amber in colour, at least 5 centimetres in diameter, shock resistant,wired on an independent circuit, upon act¡vation visible from the front and rear of the vehicle at a distance of not less than 15 metres but not visible to any individual in the vehicle, and (iiD are installed fonruard-facing at the front of the vehicle and installed rear-facing at the rear of the vehicle; and (iv) a City issued 91-1- Bumper Sticker located in proximity to the rear emergency light; (b) a fully-operational security camera system; (D has been approved by the Licence Manager; (ii) is capable of recording images of persons in the Limousine at all hours of the day or night; (i¡i) with access to the information recorded by the camera system shall be limited to the Enforcement Officer to access the ¡nformation for law enforcement purposes only; (c) a decal or sign sat¡sfactory to the Licence Manager Ínstalled in a location approved by the L¡cence Manager indicating that photographic images of the passengers are being recorded; (d) the Owner Plate issued for the Limousine securely affixed to its right rear trunk; and (e) a windshield and any windows to the direct left or right of the driver's seat that are free from any type of tinting or coating with coloured spray or other coloured or reflective material. 2.2 For the purpose of this By-law the age of any motor vehicle shall be determined by counting the model year as the first year. 2.3 No motor vehícle more than six (6) years old and no Low Emission Vehicle more than seven (7) years old may be Plated as a Group TransportatÍon Vehicle under this By-law. 2.4 No motor vehicle older than two (2) years may be Plated for the first time as a Group Transportation Vehicle under this By-law. 3. OWNER'S DUTIES 3.1 Schedule "H" sets out the basic regulations for Owners duties for all Group Transportation Vehicle Owner Licences; 3.2 OWNER'S PROHIBITIONS 3.3 No Licensed Group Transportation Vehicle Owner, shall: (a) permit any person to Operate his or her Group Transportation Vehicle unless that person is Licensed as a Group Transportation Vehicle Driver under this By-law; (b) permit his or her Owner's Plate to be used with respect to any other motor vehicle other than the vehicle for which the Owner's Plate was issued; (c) require or permit a Driver of the Owner's Group Transportation Vehicle, to work when that person's ability to perform his or her duties is impaired by fatigue, illness or otherwise; (d) require or permit a Driver to operate the Owner's Group Transportation Vehicle when the Driver has been on duty for more than 12 hours within a24hour period without first taking 8 consecutive hours off duty; (e) Operate, cause or permit his or her Group Transportation Vehicle, to be Operated with mechanical defects; (Ð Operate or permit his or her Group TransportatÍon Vehicle to be Operated, w¡thout an Owner's Plate for that vehicle having been issued under this By-law; (g) Operate or permit his or her Group Transportation Vehicle to be Operated without an Safety Standards Certificate for that vehicle that ¡s more than 60,000 kilometers of the current AFÊnd& !Èar¡.i * Far:e dÉ ¡=%" Ë -= Ëf "--' i /_f odometer; t_ i ËË (h) put any name, address or telephone number or identification other than that of the Broker with whom the Owner is affiliated, on the vehicle; (i) Operate or permit his or her Group Transportation Vehicle to be Operated in affilÍation with a Broker who is not licensed under this By-law; û) display or permit the d¡splay of any advertisement on or in the Group Transportation Vehicle except one permanently attached exterior advertising sign not exceeding 36 cm x 5L cm (L4" X 20') in size on each of the side panels of the front doors of the Group Transportation Vehicle and on the rear trunk lid of the Group Transportation Vehicle, such sign relating solely to the Group Transportation Vehicle business of the Owner, or affiliated Broker; (k) use or permit to be used in his or her Group Transportation Vehicle a scanning device or more than one two-way radio communication system and one cellular telephone: and (l) use or permit to be used on his or her Group Transportation Vehicle any roof sign or top light SCHEDULE "M'- BROKER L. L¡CENCE APPLICATIONS AND RENEWALS l,.L EveryApplicant for a Broker Licence shall: (a) if the Applicant is an individual, attend at the office of the Licence Manager in person and complete a written Application for such Licence; (b) if the Applicant is partnership, have a partner attend at the office of the Licence Manager in person and complete a written Application for such Licence; (c) if the Applicant is a corporation, have an officer or.director of the corporation having signing authority attend at the office of the Licence Manager in person and complete a written Application for such Licence; (d) if the Applicant is an individual, hold a valid Driver Licence; (e) if the Applicant is a partnership, have each partner hold a valid Driver Licence; (0 if the Applicant is a corporation, have an officer of the corporation hold a valid Driver Licence; (g) file with Licence Manager:. (¡) proof that all premises from which he or she intends to carry on business as a Broker are within the geographical boundaries of the Municipality, and is appropriately zoned throughout the term of the Licence; and (iD proof that the Applicant has a system for receiving Orders and Dispatching City Plate Vehicles in his or her Fleet and that the system will not interfere with any other Broker, Owner or Fleet; and (h) comply w¡th all of the provisions of this By-law. 2. BROKER'S DUTIES 2.L Every Broker shall: (a) keep a record of all Owners associated with the Broker including: the make, model and VIN for each vehicle, the Owner's name and contact information, and a copy of the Owner's Licence; (b) ensure that every Driver or Owner in association with the Broker complies with this By-law, including being Licensed; (c) maintain an accurate record for at least 12 months, of all Orders for each City Plated Vehicle Dispatched, including the following information for all: 0 the Owner Licence number; (ii) the Driver's name and Driver Licence number; (iii) the date and time of Dispatch; (¡v) the address to which the vehicle is Dispatched and destination; (v) the time of arrival at pick up for all Trips; (vD the time of arrival at the destination for all Trips; (vii) the fare charged for allTrips; and (viii) geographic routing of all Trips taken; (d) carry on the Brokerage 24 hours a day, 7 days of the week during the term of the Broker Licence; (e) upon request, inform a passenger of the anticipated length of time for a vehicle to arrive at the pick-up location; (Ð before acceptÌng an Order, inform anyone Ordering of the anticipated length of time of any delay, due the volume of Orders, for a vehicle to arrive at the pick-up location; (g) notify the Licence Manager within 72 hours of any addition to or deletion of an Owner from the Fleet; (h) when Dispatching Accessible Taxicabs: (¡) give priority for Conveyance Service for Persons with Disabilities over Persons without Disabilities; and (iD record the number of Trips each Accessible Taxicab has made for Persons with Disabilities and Persons without Disabilities; 0 ensure that each City Plated Vehicle in his or Fleet is equipped to accept credit card and debit card payments; û) inspect each City Plated Vehicles Operated in association with the Broker prior to each period of continuous Operation or shift, ensuring that the vehicles are clean, mechanically operational, properly equipped and identífied in accordance with this By-law; (k) ensure that each C¡ty Plated Vehicle Ín his or her Fleet is equipped with a fully functioning Agenda [temt # Fæ6e # m"r ilre-f; 37 global positioning system that: L r Ë[ "_å 0 is approved by the Licence Manager; (iD is capable of tracking and locating the position of the vehicle; (¡ii) includes a vehicle location system; (¡v) is equipped with an emergency call button; and (v) is fully operational at all times when the vehicle is available for or providing a Conveyance Service. 3. BROKER'S PROHIBITIONS 3.f No Licensed Broker shall: (a) Dispatch any Driver who is not Licensed; (b) Dispatch any Driver who is Operating a City Plated Vehicle whose Owner is not Licensed; (c) require any Driver to accept any Order which is not in accordance with the appropriate Fare set out in in this By-law; (d) enter into an agreement for the provision of Brokerage services with a Driver or Owner who is already affiliated with another Broker; and (e) accept any Order or Dispatch any Driver if: 0 the Order is for an illegal seruice under this By:law any other by-law or provincial or federal legislation; or (i¡) the Fare is less than that prescribed by this By-law. Âgæmda gtern # Fnrpa # iFrc*x f*ì-l ä vÒ f | 38 fi_ _J æEU È SCHEDULE "N' - PRIORITY LISTS L. 11 The Licence Manager shall establish and maintain: (a) a Taxicab Priority List used in determining the priority for issuing a Taxicab Owner Lícence to a ïaxicab Driver; (b) an Accessible Taxicab Priority List used in determining the prioúity for issuing an Accessible Taxicab owner Licence to an Accessible Taxicab Driver; and (c) a Limousine Priority List used in determining the priority for issuing a Limousine Owner Licence to a Limousine Driver. \,2 All persons existing on any Priority List on or before February 29,z1I2shall have their name placed on the same Priority List and have their order or priority ma¡ñtained; 1,3 An Applicant's name is eligible to be added to a Priority List in the first instance by the Licence Manager if the Applicant is an individual, or a partner if the Aþplicant is a partnership: (a) has been Licensed as a Driver for at least two years and has been Operating either a Taxicab, Accessible Taxicab, or a Limousine at least 35 hours a week for 40 weeks in each of the two years prior to the Applicant's name being placed on the Priority List together with a statutory declaration confirming this; (b) holds his or her Driver LÍcence in good standing with no outstanding charges or convictions under thÍs By-law; (c) has not held, either directly or indirectly, any Owner Licence during the S years prior to the Applicant's name being placed on the priority List; (d) there are no Owner Licences available to be issued for the Owner class being applied for; (e) has not been issued nor received an Owner Licence by means of a transfer; (f) the Applicant does not exist on any priority List; and (g) the Applicant's name is appended to the end of one priority List. L.4 Notwithstanding subsection 1.3 of this Schedule, when an Applicant's name has been added to a Priority List, his or her name shall remain on the Priority List if he or she is an individual, or a partner if the Applicant is a partnersh¡p: (a) continues to drive a Driver for an average of at least 35 hours a week for 40 weeks each year or he or she works as a Dispatcher, a Broker general manager, telephone operator or mechanic and has worked in that capacity, or any combination thereof, for an average of at least 35 hours a week tor 4A weeks each year and has files annually a statutory declaration with the Licence Manager confirming this; (b) pays the Priority List annual renewal fee as required by the Licence Manager; (c) renews the during the renewal period which is any business day in the birth month of the Applicant; and (d) continues not to have held, either directly or indirectly, any Owner Licence. 1-.5 Notwithstanding subsection L.4 of this Schedule, when an Applicant is an individual, or a partner ¡f the Applicant is a partnership, has, on account of ¡llness, injury or other medical disabilíty, been unable to meet the requirements of that subsection, the Applicant's name may remain on the Priority List if he or she files with the Licence Manager a statutory declaration so stating, together with supporting documentation including a medical certif¡cate from a physician certified to practice in Ontario and such other evidence as the Licence Manager may require and the statutory declaration shall also state that the Applicant did meet the requirements of subsection 6.4 before the onset of his or her medical disability. 1-.6 Notwithstanding subsection 1.4 of this Schedule, when an Applicant's name has been on a Priority List for 2 years or more, his or her name may remain on the Priority List while he or she if the Applicant is an individual, or a partner if the Applicant is a partnership, attends, on a full-time basis, an Ontario Government accredited educational institution, provided that he or she annually files an official proof of enrollment. 1'.7 lf an Applicant whose name appears on a Prior¡ty L¡st is an individual, then he or she; or is a partnership, then each partner shall complete a statutory declaration attestÍng to his or her continued eligibility to remain on the Príority List w¡thin 30 days following the date the Licence Manager mails by registered letter a notice requiring the statutory declaration to his or her last known address and 39 any persons who fails to complete the their name removed from the Priority L¡st w¡thout further notice. 1.8 When an Owner Licence becomes available for issuance, the Licence Manager shall send a letter to the Applicant whose name is at the top of the Pr¡or¡ty List wh¡chever is applicable by registered letter request¡ng that he or she, or each partner if the Applicant is a partnership: (a) to attend at the office of the Licence Manager within 45 days of the date of the leüer and not¡fy the Licence Manager: (D the Applicant's intention to submit within 90 days a completed Application for such Owner Licence as prescribed in this By-law; or (¡¡) the Applicants intention not to submit a completed Application for such Owner Licence; (b) that lack of attendance by the Applicant at the office of the Licence Manager within the prescribe time frame letter shall be deemed as no intention to submit a completed Application for such Owner Licence; (c) that the Licence Manager shall remove the Applicant's name from the top of the Pr¡or¡ty L¡st; and (d) that any available Owner Licences shall be made available to subsequent elig¡ble Applicants on the applicable Priority List. 1-.9 Every newly issued Owner License shall placed into operat¡on within 45 days from the date of issuance, failing which the Owner Licence shall be returned to the Licence Manager who shall proceed to issue the Owner Licence to another eligible Applicant on the applicable Priority List. 1-.10 When an Owner Licence is issued or denied to an Applicant on a Priority List, the name of that Applicant shall be removed from the applicable Priority List by the Licence Manager and all other names below shalf be moved up one position. L.1J- When a person acquires, by transfer or otheruvise, an Owner Licence, or an interest of any kind, directly or indirectly, in an Owner Licence, or becomes a shareholder or partner or acquires some other interest in a partnership or corporation having an interest in Owner Licence, the Licence Manager shall ensure his or her name does not exist on any Priority List by removing his or her name. L.L2 The Licence Manager shall remove the name of an individual from any Priority List immediately upon learning of his or her death. 1-.1-3 The Licence Manager shall review all Priority Lists at least than once annually to determine that those persons listed on it remain in compliance with the requirements of this By-law. L.L4 Any person whose name is on the any Priority L¡st and who is determined by the Licence Manager not to comply with the requirements of this Schedule shall be notified by registered letter to his or her last known address on file with the Licence Manager that his or her name is to be removed from the Priority List and the he or she may appeal this removal by requesting a hearing before the Hearings Officer by filing with the City Clerk a notice of appeal in writing within 14 business days following the date of mailing the reg¡stered letter whether the reg¡stered letter is received or not. The notice of appeal must comply with the requirements as set out in Schedule 1 of the City's Hearings Officer By-law A-6653-121 as amended. L.l-5 When a request for a hearing before a Hearings Officer has been made in accordance with subsection 6.L4 of this Schedule, the Licence Manager shall: (a) not remove the name of the person appealing from the Priority List until the Hearings Officer has issued a final decision; (b) note beside the name on the Priority List that an appeal has been requested; and (c) not issue any Owner Licences from the Priority L¡st until such time as the Hearings Officer has disposed of all outstanding appeals, unless the Owner Licence is not issued due to the Prior¡ty List. L.16 The Priority List shall be available for inspection by the public during normal business hours at the office of the Licence Manager. 40 L. TAXI STANDS L.L The Licencsing Manager shall mainta¡n a list of designated Taxi Stands. L.2 Each taxi stand shall be marked with appropriate signage and, if any, hourly restrictions imposed. 2. TEMPORARYTAXISTANDS 2-t Between the hours of L1 pm and 5 am, a temporary Taxi Stand shall exists within 30 meters of the main entrance of every established business serving alcohol beverages (Licenced under AGCO) contained within the boundaries of Oxford Street on the north, Horton Stieet on the south, wharncliffe Road on the west, and colborne Street on the east. 2.2 Taxis stand¡ng or parked at a temporary taxi stand shall not double-park, btock crosswalks, block intersections, or impede the natural flow of traffic or pedestrians. 2.3 During any period when London Transit buses are not operating, all bus stops shall be a temporary Taxi Stand. 3. CHANGES TO TAXI STANDS 3.1- Creation, removal, or changes to any Taxi Stand or proposed Taxi Stand shall be processed through the Community and Neighborhood Committee (CNC). Agenda ltonn # Fage # 4L 1. TAXICAB TARIFF (all classes of Taxicabs) L.1, $3.50 for up to the first 57 metres or for up to the first 1l seconds while traveling 17 kilometres per hour or less, or a combination thereof; L.2 $0.25 for each additional l-30 metres or part thereof; l-.3 $0.25 each additional 26 seconds of time while the Taxicab or Accessible Taxicab is on a Trip, traveling at a speed ol t7 kilometres per hour or less; and L.4 ALOo/o discount on the tariff will be given, on a24-hour per day basis, to Senior Citizens. The discount is calculated on the highest full dollar registered on the Taxicab Meter (i.e. the discount on a $6.50 Fare would be calculated on $6.00, the full dollar amount, and would equal$0.60); 1.5 The Fares shall be calculated from the time of pickup of the first Passenger to the time of the discharge of the last Passenger. The Driver of a Taxicab may make a charge, to be negotiated with the Passenger or Passengers prior to the Trip, for parcel handling; such charge shall not apply to luggage or baggage accompanying a Passenger transported between any transportation terminal and the pick-up or destination point of the Passenger or Passengers. 2. LTMOUSINE (EXECUTTVE) TARTFF 2.I There are two fare structures that are permitted in the City of London for Limousine (Executive): (a) Option t-Zone-Based Fare Structure: The permitted Fare for Limousine (Executive) operating within the City of London shall be calculated as traveled zones by the most expeditious route. The Zone L $L1_.00 $1_0.00 2 $r_r_.00 $L0.00 3 $1_s.00 $r.3.00 4 $19.00 $17.00 5 $23.00 $21.00 6 $27.00 $24.00 7 $31.00 s28.00 8 $34.00 $31_.00 9 $37.00 $33.00 10 $41_.00 $37.00 LL $44.00 $40.00 L2 $47.00 s42.00 1_3 $51.00 $46.00 L4 s54.00 $49.00 (b) Option2-Hourly: The perm¡tted fares for Limousine (Executive) operation within the City of London shall be as follows: 0 a minimum fare of $43.00 for the first hour or part thereof, and thereafter, (¡i) a minimum fare of $43.00 per hour. 42 permitted 3r1 The fares for Limousine (Stretch) and Limousine (Classic) in the City of London shall be calculated as follows: (a) a minimum fare of $70.00 for the first hour of part thereof, and thereafter, (b) a minimum fare of $70.00 per hour. 4. GROUP TRANSPORTATION VEHICLE TARIFF 4,I The permitted fares for Group Transportation Vehicles operation within the City of London shall be as follows: (a) a minimum fare of $50.00 for the first hour of part thereof, and thereafter, (b) a minimum fare of $50.00 per hour. 43 SCHEDULE "Z" . LIC Each fee listed herein shall be charged by the City in each particular instance.: 911 Bumper Sticker Replacement $3.00 Broker Licence Application or Renewal (annual fee) $750.00 Broker Licence Transfer $250.00 Broker Licence Replacement $20.00 Driver Examination $40.00 Driver Licence Application or Renewal (annual fee) $LL0.00 Driver Licence Replacement $20.00 $r.00.00 English Examination $30.00 Owner Licence Application or Renewal (annualfee) $600.00 Owner Licence Transfer $2s0.00 Owner Plate Replacement $50.00 Príority List Addition or Renewal (annual fee) $2s.00 Request for Appeal $L00.00 Tariff Card Replacement $5.00 Vehicle Substitution $100.00 Zone Map Replacement $5.00 Cv/ Mln¡stry of Gltlzenshlp illnlstère tles Affalres clv¡ques and lmmigratlon et de I'lmmlgrat¡on Minister Min¡stre 6b Floor 6'étage University Avenue 400, avenue University Toronto ON M7A 2Rg Toronlo ON M7A 2Rg Tel.: (416) 325-6200 Té1.: (416) 32$6200 Fax (416) 32s6195 Téléc.: (416) 325-6195 August 201 1 Dear friends, It is my p]eas_Ure !9:s_en$_9ut;,tþ_q,_qg!!::_t_o.¡¡-olp-Eqtienslq_tlp !_r{!_e_ç?_!!g_o_o.q Oulstanding Achievement Award for Voluntarism ¡n Ontario. Volunteers play a significant role in leading and supporting services ¡n their commun¡t¡es; they lay the foundat¡on for a strong and dynamic province. This award recognizes except¡onal leadership, innovation and creativity in voluntar¡sm and commun¡ty serv¡ce. Recipients of this award can include individual volunteers, volunteer groups, businesses and other organ¡zat¡ons wh¡ch have made outstanding contr¡butions to their commun¡ties and the province. Do you know an individual or grqup that makes an outstanding contribut¡on? You may wish to consider nom¡nat¡ng them for this award. Nomination forms and additional ¡nformation are ava¡lable on the Ministry of Citizenship and lmmigration webs¡te at www.ontario.calhonoursandawards or by phone at 416-314-7526, toll free 1-877-832-8622, TTY 4'f 6-327-2391 . Deadline for nominat¡ons is December 5. 2011. I hope you w¡ll take this opportun¡ty to ensure that volunteers rece¡ve the recognition they deserve. Sincerely, Dr. Eric Hoskins Minister Agenda Item # Page # □ □ CHAIR AND MEMBERS TO: COMMUNITY AND NEIGHBOURHOODS COMMITTEE MEETING ON SEPTEMBER 27, 2011 CINDY HOWARD FROM: DIRECTOR OF SOCIAL AND COMMUNITY SUPPORT SERVICES COMMUNITY SERVICES DEPARTMENT REDUCING THE COST OF CASHING GOVERNMENT OF ONTARIO SUBJECT: CHEQUES AND SIMPLIFYING ACCESS TO MAINSTREAM FINANCIAL SERVICES RECOMMENDATION That, on the recommendation of the Director of Social and Community Support Services with the concurrence of the Executive Director of Community Services, the following actions BE TAKEN: a) That the policy issues and recommendations BE RECEIVED by Municipal Council; b) That the Mayor BE REQUESTED to write to the Minister of Community and Social Services providing this report and: i) Advocating for changes within Provincial Ministries to simplify and integrate the process for accessing government identification for those on social assistance; 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) That the Mayor BE REQUESTED to write to the Commission for the Review of Social Assistance, copying this report and the above noted letter for their consideration of these actions in their final report to the government in June 2012 noting 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) That 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. PREVIOUS REPORTS PERTINENT TO THIS MATTER Alternative Financial Services: Pay Day Loans and Cheque Cashing (June 14, 2011) Business Venture Relocation Request. Gordon Russell, Chair, London Homeless Coalition (March 8, 2011) The Law Commission of Ontario (LCO) Recommendations: Fees for Cashing Government Cheques (December 8, 2008) Agenda Item # Page # □ □ BACKGROUND At the June 14, 2011 Community and Neighbourhoods Committee (CNC) meeting, the Community Services Department reported on information related to “alternative financial services” including payday loans and cheque cashing services, regulations related to these services, actions and limitations by the London OW office to assist individuals in accessing traditional banking services, and options for further consideration. This report provides follow-up information from our community discussions with aligned community partners and from our continued review of these matters. As directed, discussions included representatives from the London Homeless Coalition and Neighbourhood Legal Services regarding options for reducing the cost of cashing Government of Ontario cheques, including social assistance cheques; and simplifying access to mainstream financial services for people on social assistance or with low income. Approach: Members of the London Homeless Coalition and Advocates Committee were invited to participate in one of three discussion sessions held during the month of August. Community Services staff also met with representatives from financial institutions in order to include the financial perspective. In addition, input from social services delivery staff from our local OW and ODSP offices was gathered and included in this report. The perspective and real life circumstances of those with lived experience was included through these consultations. Consultation: Inquiries with stakeholders focused on their input related to: Improved access to generic, no cost traditional banking and other mainstream financial services; Considerations for other levels of government to make critical government identification or replacement official ID more accessible to those on low or fixed income including social assistance; Efforts to expand Direct Bank Deposit services in Ontario Works; and Development of indemnity agreements between the Province and mainstream financial service providers (such as those in British Columbia, Manitoba and New Brunswick) so that individuals without bank accounts may cash social assistance cheques at no cost at all major banks. The purpose of these discussions was to inform: Policy recommendations for all orders of government; Potential opportunities for local community development action; and Recommendations for a more comprehensive banking education and communication strategy within London’s OW services delivered in partnership with community agencies. Findings: Community members and staff reported that, for many people who are living in poverty and in financial crisis, navigating the banking system can be complex and challenging. The related discussion highlighted the need for a multi-pronged approach to supporting these individuals with their financial decision-making and enhancing their ability to access existing mainstream banking options. (Eg. financial life skill supports, education on low cost/no cost banking, support in completing forms and applications, etc.) Overall, community members, financial institution representatives, and staff identified the lack of personal identification as an overarching issue for cheque cashing and banking for social assistance recipients. The importance of a strong relationship between the banking community and the social assistance program was also a common theme. A number of opportunities for staff and business practice development emerged. These opportunities are being reviewed by London’s Ontario Works managers for further action and include improved marketing tools and more consistent training and communication of existing direct banking options, cheque cashing practices, and traditional banking services. These will be implemented both for staff and for associated community agency use. Agenda Item # Page # □ □ Further to this, it was also learned that the local United Way is also looking at community development opportunities, including education and communication strategies, to support people with low income to become financially stable. We will work with the United Way on these areas of shared interest. The remainder of this report will focus on related policy issues and recommendations emerging from the above noted discussions and review. Policy Issues and Recommendations: Access to generic, no cost traditional banking and other mainstream financial services Staff and community members validated the Law Commission of Ontario’s findings with regards to the barriers preventing or limiting people from accessing traditional or mainstream financial services. Monthly bank service charges, costs associated with overdrafts and insufficient fund situations, inconvenient hours and locations, lack of trust and/or comfort with institutions, poor customer service from bank tellers, lack of appropriate identification, personal preference, and lack of or incorrect understanding or knowledge of bank policies and practices were consistently referenced as reasons why people may not have a bank account. No potential negative implications of advocating for a no cost/limited service account were identified by community members, staff or financial institutions and there are no banking regulations preventing banks from offering no cost accounts to people with low income. Note: Opinion was divided about the benefit of advocating for banks to offer increased access to no cost monthly bank accounts (similar to what is available in many institutions for children, students, and seniors) as the monthly cost of a bank account was not identified as the most significant barrier to obtaining an account. Making critical government identification or replacement official ID more accessible to those on low or fixed income. Lack of appropriate identification was identified as a significant barrier to accessing traditional banking services. Cost and complicated ID application processes, the lack of understanding about the importance of having identification were identified as barriers faced by those without the identification needed to open a bank account. A number of different policy recommendations were offered to make identification more accessible. Recommendations include: Social assistance subsidizing or covering the cost of critical government identification; Lobbying the department issuing the identification to offer a subsidy program or to waive fees for social assistance recipients; Advocating for a subsidy program for identification; and Advocating for a simplified and integrated application process for all government identification. Note: Ontario Works London provides financial support to participants requiring specific government identification as part of their readiness for employment. This does not include assistance for ID costs for those who are not engaged in employment related activities or for dependents. Although support for ID costs may be considered in extenuating circumstances, it is not the intention of OW benefits (mandatory or discretionary) to fund a payment to another order of government for ID needs. It is a policy recommendation that this matter be escalated to the Provincial and Federal Governments that administer these identification programs to provide appropriate mechanisms within the programs for those that require assistance. Agenda Item # Page # □ □ Development of indemnity agreements between the Province and mainstream financial service providers There was universal support among community members advocating for indemnity agreements between the Province and mainstream financial service providers. There are no financial service regulatory limitations preventing agreements such as this. Debit Cards as a Mechanism for Ontario Works Payment Distribution: This option has become a point of increased discussion given the timing of recent media reports related to The City of Toronto’s endorsement to move forward with the use of debit cards to issue Ontario Works benefits. At the time of this report, there remains limited information available on this mechanism as the City of Toronto responds to its request for proposals for the use of debit cards as a mechanism of payment to social assistance recipients (on a voluntary basis). It is anticipated that additional information related to Toronto’s initiative will be available in fall 2011. Throughout our consultations, general interest in the use of debit cards was expressed in support of a debit card program that benefits social assistance recipients, with the following key stipulations: There should be no fee or service charge It should not be used to track, monitor or limit where the card is used There should not be a cap on the amount that can be withdrawn at one time It should not require a person to go into a bank It should not cost anything to replace if lost or stolen, and replacing the card should be easy A person should be able to choose whether or not they want their benefits issued through a debit card, direct deposit or cheque A debit card program needs to be set up in such a way that it transcends the government of the day Need to ensure protection against identity theft There will need to be an education program or component so people know how and where it can be used The service should allow for a means of continued use of mainstream financial services for those exiting social services. London will continue to monitor this program and will work with other municipal service delivery partners and with the Province to explore the expansion of this opportunity within the technology and program changes planned within Ontario Works. Conclusion: The Community Services Department recommends that the following options for increasing access to mainstream bank accounts, simplifying access to critical government identification, and cashing of Ontario government cheques be submitted to the Commission for the Review of Social Assistance in Ontario: Social assistance program should work with other government programs to ensure that lack of finances does not prevent people from obtaining critical government identification; Social assistance program should work with other government programs to simplify and integrate the application processes for critical government identification; and Indemnity agreements between the Province and mainstream financial service providers should be developed similar to what other provinces and the Federal government have done. Next Steps: The Community Services Department will work with staff and community agencies, including the United Way, in developing education and referrals related to financial stability. We will also continue to monitor Toronto’s activities with regards to the use of debit cards for issuing social assistance benefits and, through existing forums, will engage the Province and other municipal delivery sites in the same. Agenda Item # Page # □ □ FINANCIAL IMPACT There are no financial implications resulting from this report. Acknowledgments Prepared by Gerda Zonruiter, Community Planning and Research Associate. SUBMITTED BY: Stephen Giustizia Manager Ontario Works and Homelessness Social & Community Support Services RECOMMENDED BY: CONCURRED BY: Cindy Howard Ross Fair Director Executive Director Social & Community Support Services Department of Community Services C. Minister of Community and Social Services Commission for the Review of Social Assistance in Ontario London Homeless Coalition London OW/ODSP Community Advocates Anna Lisa Barbon, Manager, Financial and Business Services Agenda Item # Page # □ □ TO: CHAIR AND MEMBERS COMMUNITY AND NEIGHBOURHOODS COMMITTEE FROM: G. KOTSIFAS, P. ENG. DIRECTOR OF BUILDING CONTROLS AND CHIEF BUILDING OFFICIAL SUBJECT: 339 COMMISSIONERS ROAD W. - PROPERTY STANDARDS RELATED DEMOLITION September 27, 2011 RECOMMENDATION That on the recommendation of the Director of Building Controls and Chief Building Official, the attached proposed by-law BE INTRODUCED at the Council meeting on October 3, 2011; to approve the demolition of the building at 339 Commissioners Road W. and leave the property in a graded and levelled condition. PREVIOUS REPORTS Vacant Buildings – Property Standards and City Policy – CPSC June 21, 2010 BACKGROUND The subject property is located at 339 Commissioners Road W. The property has a frontage of 23 m (75 ft.) and a depth of 115m (375 ft.). The subject dwelling is vacant and secured against entry. There have been numerous complaints regarding the upkeep of this property including: debris, graffiti and unsecured building. The City has issued enforcement notices to bring the property into compliance. The attached Property Standards Order was not appealed by the property owner. The authority for the demolition is Section 15.2 of the Building Code Act. Administration recommends that the subject building be demolished to address ongoing neighbourhood nuisance, safety and quality of life issues. A demolition quotation has been obtained for $8,700 plus applicable taxes. All costs of the demolition, including a Designated Substance Survey and staff inspection fees will be the responsibility of the property owner. If fees are not paid, the costs are added to the tax roll. PREPARED BY: SUBMITTED BY: O. KATOLYK, MLEO ( C ) G. KOTSIFAS, P.ENG. MANAGER OF LICENCING AND DIRECTOR OF BUILDING CONTROLS MUNICIPAL LAW ENFORCEMENT AND CHIEF BUILDING OFFICIAL SERVICES OK:sb cc. Property Owner Purchasing and Supply 1 Agenda Item # Page # □ □ APPENDIX A Bill No. 2011 By-law No. A By-law to approve demolition of the property with municipal address of 339 Commissioners Road West under the Property Standards provisions of the Building Code Act. WHEREAS subsection 5(3) of the Municipal Act, 2001 provides that a municipal power shall be exercised by by-law; AND WHEREAS section 15.1(3) of the Building Code Act provides that the council of a municipality may pass a by-law to require property that does not conform with the standards to be repaired and maintained to conform with the standards or the site to be cleared of all buildings, structures, debris or refuse and left in graded and levelled condition; AND WHEREAS Council has passed Property Standards By-law CP-16 that requires owners of property that does not conform to the standards of the by-law to repair and maintain the property to conform with the standards of the by-law or to clear it of all buildings, structures, debris or refuse and left in a graded and levelled condition; AND WHEREAS section 15.2(2) of the Building Code Act provides that an officer who finds that a property does not conform with the standards prescribed in the Property Standards By-law may make an order giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition; AND WHEREAS section 15.3(1) of the Building Code Act provides that, an owner or occupant who has been served with an order made under subsection 15.2 (2) and who is not satisfied with the terms or conditions of the order may appeal to the committee by sending a notice of appeal by registered mail to the secretary of the committee within 14 days after being served with the order; AND WHEREAS section 15.3(2) of the Building Code Act provides that, an order that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed. AND WHEREAS no appeal was received thereby confirming the order; AND WHEREAS section 15.4 of the Building Code Act provides that, if an order of an officer under section 15.2(2) is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge, the municipality may cause the property to be repaired or demolished accordingly; AND WHEREAS section 15.4(3) of the Building Code Act provides that a municipal corporation or a person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under subsection (1); AND WHEREAS section 15.4(4) of the Building Code Act provides that the municipality shall have a lien on the land for the amount spent on the repair or demolition under subsection (1) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001; AND WHEREAS Council passed By-law A.-6554-211 to adopt a Policy whereby, in the event a confirmed Property Standards Order is not complied with, the City’s Manager of By-law Enforcement shall not cause the property to be demolished unless he or she has reported to 2 Agenda Item # Page # □ □ Council setting out the reasons for the proposed demolition and Council has passed a by-law approving of the proposed demolition; AND WHEREAS a property standards order (attached as Appendix 1) has not been complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge; AND WHEREAS the City’s Manager of Licensing and Municipal Law Enforcement Services has reported to Council setting out the reasons for the proposed demolition; AND WHEREAS Municipal Council wishes to cause the property to be demolished; NOW THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows: 1. The demolition of the property at municipal address of 339 Commissioners Rd W, City of London, and with legal description PT LT 34, Con 1, as in 927766 London/Westminister is approved, and the property shall be cleared of all buildings associated with the Property Standards Order, structures, debris or refuse and left in a graded and levelled condition, in accordance with the City of London Property Standards By-law and Building Code Act. 2. 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 – 3 åLE + ËH 339 COMMISSIONERS RD WEST fl,ÍHwoooc:s LOCATION MAP Address: 339 Commissioners Rd W Parcels ff 015æð91ø h CorpoÉlton of the City of London PFpacd By: Plannhg end Dælopmnt LO$TION: \ffi €1ÞlenningÞþjêèÞ_bebnmpsÞmjêñæ_@diìisJoneßRd_w.dd tgSrs=iF* * Fæse # 300 Dufferin Avenue I P.O. Box 5035 Appendix r**-îryï {r' Londonn ON E lo üf; / j ffi N6A4L9 L*j-:**Ê u - - London CANADA REGISTERED MAIL ' REVISED June 30, 201 1 File No. PV 11-010186 David Nikola Stimac 251 Hunt Club Dr LONDON ON N6t-il 322 . Municipal Addresþ: 339 Gommissioners Rd W.. London ON : As an owner or occupant including a person having an interest in the above-noted property, I hereby enclose an Order pursuant to Subsectiøn 15.2(2) of the Ontario Building Code Act, S.O. 1ggà, c.23. P/ease be adviselt that under By-law No. C.P.-14, an inspection fee witl be charged at the rate of 895.00 per hour, or prorated for a patt thereof with a minimum fee of 850.00, for any inspeciion conducted after tl,te compliance date inspectìon (the second inspection) noted above. Failure to payfor any inspebtion cosfs will result ín the cosfs being added to the propefi tax roll. Failure to comply vri'ith an Order may result in enforcement actions being taken. ' tf you require any ilrformation conceming this matter, please contact the undersigned at this office. ":,-,## Property Standards Officer DC:sb Attach. i cc: Bldg. file : The Corporation of the City of London Building Division, Rm 706 eroperfu standaids sedt¡on office: åtg-oot¿ooo fiax 51sffi1-2332 Direct 519€61-2500 Ext. 8431 [email protected] THE CORPORATION OF THE CIW OF LONDON ORDER lssued Pursuant to subsection 15.2(2) of the ontario Building code Act, s.o.1 gg2, c.23 ORDER NUMBER PV 1 1-010186 DATE ISSUED: June 30, 201 1 ISSUED TO: David Nikola Stimac 251 Hunt Club Dr., London ON N6H 322 MUNICIPAL ADDRESS 339 commissioners Rd west, London, ontario P¡N o84OO-0012 LEGAL DESCRIPTION PT LOT 34, cON 1, AS lN 927766; LONDONA^/ESTM¡NISTER s revealed that the above noted property not conform to the standards prescribed 16., and is therefore not fit ior human The particulars of the repairs to be made are set out in the "schedule of Repairs to be Made,,, attached hereto, and forming part of this ORDER. You are hereby ordered as set out in the 'schedule of Repairs Made'' This ORDER to be shall he property brought into conformance standards prescribed with the in the aw on or bêfore Àugu"i 11,2011. Vúhere it has been determined that the repairs a accordance with this ORDER as confirmed or The Corporation of the City of London may Corporation of the City of London shall have and the amount shall have priority lien status as The amount may be added to the tax roil of the p or conditions of this ORDER, the Secretary of the property , Ontario, N6A 4Lg. Appeal TAKE NOTICE that the final day giving notice of appeal from this ORDER shalt be August 11, 2011. ln the event that no appeal is received within the above prescribed period, the ORDER shall be deemed to be confirmed and shall be final and binding. You are expected to comply with the terms and conditions of this ORDER to avoid any possible eñforcement actions being taken. Where a permit is required to carry out a repair required to comply with this Order, it is the responsibility of the owner to obtain any such permit. DATED AT LONDON, ONTARIO, this 30s, day of June, 2011. PROPERTY STAN DARDS OFFICER Y:\Shared\building\PropStnd.Section\Orders\2O'11\commissionersrdw33g.revised.PS Order Form.doc ''SCHEDULE REVISED OF REPAIRS TO BE MADE" Municipal Address 339 Gommissioners Rd W File No. pV 11_0101g6 Date Received August 13, 2010 Owner David Nikola Stimac 251 Hunt Club Dr., London, ON N6H 322 f ) Non-conformance: The residentiar buirding both exterior and interior is in a dilapidated state and ið cunenfly without nyoro,wãtåiãno heat. The building in its presenístatä is non_habitable. By-law Section: 2.1 Owners - Shall Repair and Maintain Repairs Required The residential building shall be repaired and maintained to be habitable and to conform with the standards of the brÈ* Demolition Permit is required to be obtained prior to removal. June 30, 201 1 DC:sb Agenda Item # Page # 1 TO: CHAIR AND MEMBERS COMMUNITY AND NEIGHBOURHOODS COMMITTEE MEETING ON SEPTEMBER 27, 2011 FROM: JAY STANFORD, M.A; M.P.A. DIRECTOR, ENVIRONMENTAL PROGRAMS & SOLID WASTE SUBJECT: REQUEST FOR EXPRESSIONS OF INTEREST FOR PARTNERSHIP IN BIOGAS UTILIZATION RECOMMENDATION That on the recommendation of the Director – Environmental Programs & Solid Waste, the following actions BE TAKEN with respect to requesting expressions of interest for a partner to develop landfill gas and potentially other biogas feedstock utilization projects: (a) the Civic Administration BE AUTHORIZED to prepare a Request for Expressions of Interest (REOI) for a partner to develop landfill gas and potentially other biogas feedstock utilization 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 on the outcome of the REOI. PREVIOUS REPORTS PERTINENT TO THIS MATTER Relevant reports that can be found at www.london.ca include: Feed-In-Tariff Contract with the Ontario Power Authority for W12A Landfill Gas Power Plant, June 7, 2010 meeting of the Environment and Transportation Committee (ETC), Agenda Item #22 HELP Clean Water - Revised Priority List, October 27, 2008 meeting of the ETC, Agenda Item #3 BACKGROUND PURPOSE: The purpose of this report is to seek approval to prepare and release an REOI for a partner to develop biogas utilization projects(s) with the City of London (e.g., public/private partnership). CONTEXT: Update on Landfill Gas Power Plant Until recently, City staff have been working on plans for the development of a landfill gas fuelled power plant at the W12A Landfill on Manning Drive. Funding for this project had been obtained from the HELP Clean Water program, and an application had been made to Ontario’s Feed-In Tariff Program as well. However, recent developments indicate transmission grid constraints in south-western Ontario are a significant roadblock for the development of a power plant. The following table summarizes the recent events. Date Activity April 2010 Initial Feed-In-Traffic (FIT) application for a 2.4 megawatt landfill gas power plant was submitted to the Ontario Power Authority (OPA). Agenda Item # Page # 2 Date Activity June 2010 A report was submitted to ETC and approved by Council which authorized execution of a FIT Agreement with the Ontario Power Authority (OPA) if the FIT application was approved. This report included a review of landfill gas utilization options. February 2011 The City was officially notified by the OPA that this application did not pass the Transmission Availability Test as there is not enough transmission capacity for the power plant. The City’s application then proceeded to the next Economic Connection Test along with other applications that were not offered contracts to see if building new transmission capacity is warranted. June 2011 OPA released 300 MW of transmission capacity in the “West of London” transmission area however London’s application for a landfill gas power plant did not get access to the new transmission capacity. During this process, City of London and London Hydro staff learned that the OPA has reserved all of available transmission capacity at the transformer station that would have been utilized by the landfill gas power plant for an undisclosed project. At this point in time, full scale electricity production is not possible at the W12A Landfill Site until transmission constraints are removed. Biogas Update Earlier in 2011, Union Gas approached City staff to explore the option of providing “Renewable Natural Gas” to their natural gas distribution system. Renewable Natural Gas (RNG) is landfill gas and other biologically-produced methane gas upgraded to meet pipeline quality requirements. RNG can be used for any application that natural gas is used for, such as heating buildings and fuelling vehicles. Creating RNG from landfill gas had previously been considered by the City but was rejected because of the low price received from RNG compared to the revenue that could be generated from the sale of electricity. However, Union Gas and Enbridge Gas Distribution are planning on submitting a joint proposal to the Ontario Energy Board that, if accepted, would include a significant price premium for producing RNG. The proposal from Union Gas and Enbridge Gas Distribution includes the following: Approval to launch the program in 2012 Purchase Renewable Natural Gas at specified prices and fixed term contracts (20 years) Continue for five years or until they reach a total volume of RNG purchased in our service area that does not exceed two percent of the total supply volume A proposed pricing structure for landfill of $13 per gigajoule (GJ) for the first 150,000 GJ's and then $6 for every GJ after 150,000 on an annual basis. A proposed pricing structure for anaerobic digester gas of $17 per GJ for the first 50,000 GJ's and then $11 for every GJ after on an annual basis. The utility (Union Gas or Enbridge Gas Distribution) would acquire the environmental attributes with the RNG for the benefit of all gas customers system-wide. Using current landfill gas collection rates, the W12A Landfill we would produce around 150,000 GJ, which could yield an average price close to $13 per GJ or 3 times the current market rate. This would generate approximately $2 million annually which is in the same range as the revenue that would have been generated by a landfill gas power plant. DISCUSSION: Given the limited timeframe of the potential RNG program (5 years, or maximum 2% of system supply), the City needs to be in a position to be ready to submit an application to this program in a timely fashion. Agenda Item # Page # 3 Compared to power generation, upgrading landfill gas and biogas to RNG has a number of new, emerging and next generation technologies which City staff has limited expertise in. There are four technologies currently in use to upgrade biogas: Liquid absorption - chemical and physical absorption Solid physical adsorption - pressure swing and temperature swing adsorption Membrane separation Cryogenic separation. There is also the option of utilizing other organic waste feedstocks, such as sewage sludge, green bin organic material, and restaurant fats, oils, and greases (FOGs) to increase biogas production. A few of Canadian cities have started to produce or plan to produce RNG from a mix of sources and some are listed below: Hamilton, Ontario One sewage sludge digester produces biogas Plans to upgrade to RNG prior to sending to Union Gas pipeline Fleet vehicles then fuel with NG supplied by Union Gas Toronto, Ontario Two Green Bin material digesters produce biogas Plans to upgrade to RNG prior to sending to Enbridge pipeline Fleet vehicles then fuel with NG supplied by Enbridge St. Hyacinthe, Started off as a sewage sludge feedstock only Quebec Phase II added local Green Bin material & local food industry waste Gas is upgraded to RNG and sold to GazMetro Municipality uses about 20% of RNG to heat buildings and fuel vehicles Vancouver, Added FOGs to existing sewage sludge digester; boosts biogas by 20% British Columbia Diverts some FOGs from sewers Charges tipping fees for FOGs Sells biogas to local gas utility Durham Region and Niagara Region are also exploring RNG as an option. Given the range of biogas end-uses, and the technology and feedstock options, City staff recommend issuing an REOI to seek out a private sector partner, with experience in the production of Renewable Natural Gas and other landfill gas/biogas applications, to explore a range of ideas and approaches for utilizing landfill gas and other potential biogas feedstock materials, and to work on establishing a partnership framework for pursuing these potential projects. This proposed approach, a public/private partnership, has several benefits that lend themselves very well to this potential project including but not limited to: Reducing municipal cost Obtaining private-sector investment in public-sector infrastructure Sharing risk and responsibility with private-sector partners Allocating risks to the party best equipped to manage them Maximizing public and private sector human resources and intellect Accessing new sources of funds and new specialized skills Enhancing revenue opportunities Increasing efficiency and effectiveness in design, project delivery and operations Obtaining related economic benefits and enhance competitiveness It is important to recognize that there are also challenges with public/private partnerships including: Reducing financial rewards due to shared ownership Risk of financial failure of private sector partner Negotiating a long term deal whose benefits diminish with time due to changing circumstances Agenda Item # Page # 4 Proposed Process The REOI process ensures transparency. It also better positions a project for potential public/ private partnership funding having included a competitive evaluation process. The factors to be included in the evaluation will include experience on other RNG projects, understanding of London’s options and financial capability. An overview of the proposed process to develop potential RNG projects is presented below: Tentative Phase Key Tasks Timeline Phase 1 Prepare and release REOI October to REOI Evaluation of submissions December, 2011 Approval of preferred private partner(s) by Council Phase 2 Execution of “working” agreement between January to March, Project Development City and preferred private partner(s) 2012 Exchange of information and development/ analysis of potential public-private partnership project(s) Development of public-private partnership structure for any viable project(s) Approval of any viable project(s) by Council Phase 3 Execution of public-private partnership April 2012 to ? Implementation agreement Development of project It is noted that the possibility exists that no viable option can be found at this time and consequently no public/private partnership project would be developed. ACKNOWLEDGEMENTS: This report was prepared with assistance Mike Losee, Manager – Solid Waste Engineering. This project has also been discussed with John Freeman, Manager Purchasing & Supply and Dave Mounteer, Solicitor II. PREPARED BY: PREPARED BY: WESLEY ABBOTT, P. ENG. JAMIE SKIMMING, P. ENG. DIVISION MANAGER MANAGER, AIR QUALITY SOLID WASTE MANAGEMENT PREPARED AND RECOMMENDED BY: REVIEWED & CONCURRED BY: JAY STANFORD, M.A., M.P.A. PAT McNALLY, P. ENG. DIRECTOR, ENVIRONMENTAL PROGRAMS EXECUTIVE DIRECTOR, PLANNING, & SOLID WASTE MANAGEMENT ENVIRONMENTAL AND ENGINEERING SERVICES September 13, 2011 Y:\Shared\Administration\Committee Reports\CNC 2011 09 landfill gas REOI.docx c. John Braam, P. Eng., Director of Water & City Engineer Agenda Item # Page # □ □ CHAIR AND MEMBERS TO: COMMUNITY AND NEIGHBOURHOODS COMMITTEE MEETING ON SEPTEMBER 27, 2011 WILLIAM C. COXHEAD FROM: DIRECTOR OF PARKS & RECREATION COMMUNITY SERVICES DEPARTMENT SUMMIT PROFESSIONAL BASEBALL LLC SUBJECT: (FRONTIER LEAGUE PROFESSIONAL BASEBALL) LICENCE AGREEMENT FOR USE OF LABATT PARK RECOMMENDATION That, on the recommendation of the Director of Parks & Recreation with the concurrence of the Executive Director of Community Services, the attached proposed By-law (Appendix A) BE INTRODUCED at the Municipal Council meeting on October 3, 2011, to: a) Approve a Licence Agreement between the City of London and Summit Professional Baseball LLC for non-exclusive use of Labatt Park for the period of November 1, 2011 to October 31, 2016; 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 are: i) Consistent with the requirements contained in the Agreement; 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; and c) Authorize the Executive Director of Community Services, or designate, to execute any agreements approved under a) or b). PREVIOUS REPORTS PERTINENT TO THIS MATTER Community & Protective Services Committee: January 31, 2000 The London Professional Baseball Inc. (London Werewolves) BACKGROUND SUMMIT PROFESSIONAL BASEBALL David Martin, President and General Manager of Summit Professional Baseball, contacted the City of London Parks and Recreation, Community Services Department to request the development of a licence agreement for the use of Labatt Park by September 15, 2011 to meet Frontier Professional Baseball requirements. The late request was the result of a failed negotiation with a U.S. location and a search for a new home for the team. The positive publicity surrounding Labatt Park prompted the interest in London. Summit Professional Baseball is represented by David Martin who has over 20 years of experience in the baseball industry on and off the field. He founded and owns three successful baseball industry companies and he purports to be an accomplished marketer and promoter of baseball. He has consulted and created fan experience environments and themed marketing campaigns for fourteen major league teams. Agenda Item # Page # □ □ This is Mr. Martin’s first foray into baseball team ownership and he is confident that he can bring his baseball experience and marketing skills to London to create a successful franchise in this community. THE FRONTIER LEAGUE Labatt Park has been home to three professional baseball organizations over the past 30 years. A Frontier League franchise known as the London Werewolves used Labatt Park from 1999 to 2002. The current proposed franchise will participate as an Eastern Division team in the Frontier League. (Frontier League background information Appendix B) The Administration’s overall approach has been to identify key success factors which arise from London’s past experience with professional baseball as well as our understanding of Council’s direction. LICENCE AGREEMENT The licence agreement has built on the general terms and conditions of the former Werewolves Frontier League agreement and is updated as required to protect the interests of the City. (The By- law and Agreement are attached as Appendix A) NON EXCLUSIVE USE The agreement allows for 48 home games, play off and practice dates for professional baseball. As in the past, 18 dates for intercounty baseball (London Majors) will be accommodated through a scheduling process allowing both the London Majors and the Summit Professional Baseball to call Labatt Park their home field. Displaced from the park will be London minor baseball teams who will be accommodated within the field availability of the baseball system of city fields. BASEBALL COMMUNITY COMMENTARY The London Majors have expressed concerns regarding the introduction of another pro-ball team and the City’s ability to support both professional baseball and intercounty league play. As one of the long time users of the ball park dating back decades we note their concerns. The London Badgers Baseball Association represents a large number of the competitive minor baseball players in the city. They are the other prominent user of Labatt Park. Discussions with the Chair have resulted in a position of support for the inclusion of professional baseball in the mix of users at Labatt Park. FINANCIAL IMPACT Commercial/Professional baseball use of Labatt Park requires the user pay 100% of the direct operating cost of their use of the facility. Community use of Labatt Park is heavily subsidized where current users pay only a portion of the cost of operating Labatt Park. Summit Professional Baseball LLC team will pay significantly more than the users that will be displaced. The estimated net difference in revenue and expense for Pro ball over current amateur use is $25,000. Summit Professional Baseball LLC team will also make a donation of $23,000 which will be used to support the purchase and installation of a new scoreboard. CONCLUSION Labatt Park, the oldest, continuously used ball park in the world, and recently voted “Canada’s favourite ball park” is a 5,200 seat stadium that is not being used to its capacity. Current users can be accommodated in the Labatt Park schedule or in the system of available baseball fields. (Norm Aldridge Field/City Wide/Dan Pulham Field) The reintroduction of professional baseball will add another level of baseball to the sport and entertainment fabric for London. Agenda Item # Page # □ □ Summit Professional Baseball is committed to London and has expressed interest in integrating into the London business community and has developed a business plan that they believe is viable in our city. SUBMITTED BY: SCOTT STAFFORD DIVISION MANAGER PARKS & COMMUNITY SPORTS RECOMMENDED BY: CONCURRED BY: WILLIAM C. COXHEAD ROSS L. FAIR DIRECTOR – PARKS & RECREATION EXECUTIVE DIRECTOR DEPARTMENT OF COMMUNITY SERVICES c Lynn Marshall, Solicitor Joy Jackson, Manager, Risk Management Attachments 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 - 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. 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 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. 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 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 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 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 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 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 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. Agenda Item # Page # □ □ Agenda Item # Page # □ □ APPENDIX B Agenda Item # Page # □ □ APPENDIX “B” Agenda Item # Page # □ □ APPENDIX “B” Agenda Item # Page # □ □ COMMUNITY AND NEIGHBOURHOODS COMMITTEE TO: MEETING ON SEPTEMBER 27, 2011 PAT MCNALLY FROM: EXECUTIVE DIRECTOR - PLANNING, ENVIRONMENTAL AND ENGINEERING SERVICES SUBJECT: EMERALD ASH BORER MANAGEMENT STRATEGY 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 Emerald Borer Management Strategy as attached in Appendix 1 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. Table 1. Recommended EAB Management Strategy Program and Costs (in thousands of dollars) Removal Inventory (Streets Restoration Plant 2:1 Removal and Risk and and (Streets Coordination Treat (Wooded Survey Inspections YEAR Manic- Rehabilitation and (Administration, TOTAL ment Park (Wooded (Wooded Park ured (Wooded Park Manicured Education) Areas) Park Areas) Mark Areas) Park Areas) 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 TOT ALS 914 2011 1450 100 60 270 9079 400 14284 PREVIOUS REPORTS PERTINENT TO THIS MATTER 22nd Report of the Committee of the Whole – June 21, 2011 Emerald Ash Borer Update - Report to the ETC, July 19, 2010 2nd Report of the TFAC, February 25, 2009 Emerald Ash Borer Strategy - Report to the ETC, May 26, 2008 3rd Report of the ETC, January 28, 2008 1 Agenda Item # Page # □ □ 18th Report of the ETC, October 28, 2007 Trees at Risk - Report to the ETC, September 12, 2005 BACKGROUND The Emerald Ash Borer (EAB) is an invasive insect, introduced from Northeast Asia that feeds on and kills all species of ash (Fraxinus) species. Ash is a native species of the Carolinian forest, which dominates southwestern Ontario and has significant ecological and national economic value. All North American species of ash are susceptible. The EAB has the potential to decimate the entire ash population before their populations decline. EAB is now found from Tennessee to Sault Ste Marie and from Missouri to Quebec. Known areas of infestation in Ontario and Quebec are shown in Figure 1 below. Since EAB was first discovered in 2002 in Detroit and Windsor, it is estimated that EAB has already killed millions of ash trees in southwestern Ontario, Michigan and surrounding states. It poses a major economic and environmental threat to urban and forested areas in both countries. EAB is predicted to cause $10-20 billion in losses to urban forests over the next 10 years (Coalition for Urban Ash Tree Conservation, 2011). There has been a wide range of responses by municipalities depending on when EAB was first identified, lessons learned from other communities, and the capacity of each municipality to respond both fiscally and physically with resources such as manpower and equipment. Windsor was the first community impacted by EAB. EAB was widespread in Windsor when it was first detected and there were no suitable detection, protection or control methods available other than removing the ash trees. More recently, other municipalities such as Ottawa, Toronto, Oakville, and Hamilton, as well as American cities such as Toledo, Milwaukee, and Grand Rapids have developed management strategies that include a combination of detection, protection of high value trees, planned and preemptive removal of ash trees and public communication. A more detailed summary of these municipalities management initiatives is available in the Consultant’s report located on City website (http://www.london.ca/d.aspx?s=/Trees_Lawns_and_Gardens/ashborerinfo_City_property.htm) . Figure1. EAB Regulated areas in Canada Why EAB is an Issue for London The City undertook a major study of the urban forest within the Urban Growth Boundary to estimate the structure and ecological benefits of our trees. This UFORE project, as it is called, identified the importance of ash trees to London: 440,000 ash trees on public and private property with the majority on private property 10% of all trees are ash Ash are the most commonly found large stature shade tree species 2 Agenda Item # Page # □ □ 10,000 identified ash trees in boulevards and manicured parks Ash trees rank near the top of the species that provide the most environmental benefits such as air quality and energy savings Additionally outside the Urban Growth Boundary: @240,000 ash trees in woodlands outside UGB Ash is the 2nd most common tree species in woodlands Ash accounts for 9.5% of all the trees in woodlands London’s detailed tree inventory contains approximately 170,000 trees on public boulevards and in manicured portions of parks. Ash accounts for approximately 10,000 or 6% of the total trees in the inventory. London has 2,670 hectares of parks of which approximately 700 hectares are woodlands or wooded. 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. Some of these woodlands, such as those within the Thames Valley Corridor, often contain up to 30% ash trees. 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%. This represents a loss of 7.2% of the existing leaf cover. Reduce the structural value of our urban forest by $130 million. Significantly impact species biodiversity in wooded areas. Cause significant property standards issues. Status of the Infestation EAB was first identified in October 2006. Although it was first found sporadically, we now believe it was more widespread at that time but we didn’t know it because reliable detection methods were not available. It is currently detected throughout the City. Some areas of the city are impacted more than others due to the level of infestation and the large proportion of ash trees in the boulevards and parks. Other areas show less damage now but are none-the-less infested and will show more impacts over time. Some parks and woodlands, such as Helen Mott Shaw Park, are severely infested. What London is Currently Doing About EAB Our EAB strategy has evolved since it was first identified and as the infestation has increased in size and damage. We have incorporated the most recent information and best management practices to guide our current management activities. Our GIS-based tree inventory program was used to map all our ash trees by size and condition class. Staff examined all inventoried ash trees during the late winter/ spring to identify potentially infested trees and update the tree size and condition. We used a newly-developed sampling technique that gives a higher detection accuracy. This survey identified potential ash trees to treat with TreeAzin™ and those to remove. This was the first comprehensive update of the ash data since 2002. A workshop was held with major tree care companies, UTRCA, and other stakeholders to confirm the extent of EAB infestation in May, 2011. Existing capital budgets have been directed to: remove hazardous trees; inject 384 high value ash trees with TreeAzin™, and; coordinate our limited operational funding where possible to remove the trees, grind the stumps and plant the trees this year especially in neighbourhoods that require a high percentage of ash removals. Public education continues to be a major component of our management. Staff informed residents in neighbourhoods that have been most heavily impacted by EAB before any large 3 Agenda Item # Page # □ □ scale removals of ash trees were conducted. We realize that these large scale removals are difficult for residents and the loss of the trees will dramatically change the character on those streets. We want to assure residents that we do not take the removal of the trees lightly and we wouldn’t be doing this if the trees were not hazardous, dead or dying. Letters were sent to affected residents and neighbourhood “walkabouts” were conducted with Forestry staff to explain what we were doing. The City established an EAB hotline and website where residents can learn more about the insect and management options. A screen shot of the website home page is included as Appendix A to this report. Additionally Civic Administration has prepared a communications plan and a business case for additional EAB funding to deal with increased liability, removals and replacement and have hired a consultant, Davey Resource Group, to assist in the development of a detailed, long-term EAB strategy for approval by Council. We recognize that the EAB population and destruction will continue to increase exponentially over the next few years and the EAB strategy adopted by Council will direct Civic Administration planning and operations during this critical period in London’s history. The current management direction from Council with respect to removal of ash trees, based on previous levels of known infestation and damage in 2009, is reactive. Ash trees are removed if they are seriously infested and pose a safety hazard or if they are dead. 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. EAB Management Options A variety of management options were considered and the pros and cons evaluated in the development of the preferred option presented in this report. These included removal strategies, treatment options and tree replacement levels. Proactive/ Reactive Tree Removal A. Proactive Removal: Removing ash trees that are not infested with EAB Pros: Opportunity to spread removal costs over longer time frame. Proven reduced removal costs compared to removal cost of dead trees. Worker safety is increased compared to removal of dead trees. Reduces issue of dealing with many dead and hazardous ash trees at one time. Opportunity to start the replanting and building the leaf cover sooner. Greater flexibility in organizing removal and routine work schedules. Ability to utilize ash wood for higher value products or use it as a local source of firewood. Cons: Immediate impacts to tree canopy and aesthetics. Removing healthy ash may create negative feelings within the community. Does not take into account that research may find an effective control for EAB. May prove to be over-reactive to the actual impacts that will be experienced. May lower future genetic resistance of trees to EAB attacks. B. Reactive Removal: Removing only ash trees which are either seriously infested with EAB and pose a high hazard or are dead Pros: Delayed impacts to tree canopy and aesthetics. No negative public perception of removing healthy trees. Delayed budgetary impacts until the EAB infestation is severe. Further EAB research may offer effective control, minimizing need for removals. 4 Agenda Item # Page # □ □ Cons: Increased safety risk to workers, people and property. Budget impacts can be unexpected, severe and concentrated once EAB infestation level is high. Replanting funds may not be available due to extreme removal costs. Increased operational costs associated with multiple surveys and removals in the same area. Higher removal costs of the trees in that structural condition. Removal and Treatment Options Various tree protection and removal management strategies, based on current level of knowledge of EAB, best management practices, lessons learned in London and from other municipalities were assessed. A. Removal of all ash trees once EAB has been confirmed Pros: Removes risk to property owners. Operational efficiencies can be realized. Cons: Incorrectly assumes that chemical protection treatments are ineffective, unsafe or too costly. Proven not to effectively control the rate of infestation. Not considered “good forestry practice” without a plan to replace the trees and manage the woodland for the long term. If done too quickly can greatly reduce the overall benefits to society in terms of cooling, storm water management, energy savings, etc. B. Targeted ash removal combined with targeted chemical treatment Pros: Balanced approach with respect to protection of ash and reduction of risk. Aligns with best management approach exemplified by Coalition for Urban Ash Tree Conservation. Prolongs the life of high value ash trees in order to maintain their structural, environmental and social values until such time as other effective control or protection options are developed. Cost benefit of treating larger or high trees can be positive in the long term. Improved operational efficiencies and lower operational costs as removals and chemical treatments are coordinated. Cons: Added expense as initial cost of treatment may be more than initial removal cost. Some less infested or healthy ash trees will be removed. Treated trees may die eventually. 5 Agenda Item # Page # □ □ C. Chemical Treatment of All Ash Trees Pros: TreeAzin™, the chemical recommended for control of EAB has been clinically shown to be effective. Assumes all ash trees are suitable candidates for effective treatment. Cons: May be cost prohibitive compared to the removal cost of the infested tree. Not all trees are suitable candidates for treatment. Once a treatment program has begun it may need to be continued for the serviceable life of the tree which may be greater than 15 years or until the EAB infestation levels collapse. 6 Agenda Item # Page # □ □ D. Do Nothing Pros: No immediate costs associated with treating ash trees or replanting. Cons: Increased safety risk to workers. Increased liability because hazardous trees must still be removed. Increased risk of human and property damage or death. Increased legal claims higher than management costs. Potential harm to London’s brand as “The Forest City”. High costs may be required for removals when budgets may not be sufficient to deal with the hazards. Higher removal costs of dead and severely infested trees compared to removal costs of living, healthier trees. Leaf cover lost due to tree mortality may not be replaced because majority of trees on boulevards and in manicured parks have been planted and will not regenerate naturally. Woodland sustainability will be significantly compromised due to invasive and less desirable species. Tree Replacement Options It is anticipated that the majority of ash trees will die within the next 10 years with a significant impact on leaf cover. The majority of ash trees on boulevards and manicured portions of parks were initially planted and are not expected to regenerate naturally. EAB is indiscriminate in the size of trees of trees it infests. It kills all sizes of trees, however, large trees have incrementally more leaf area and provide correspondingly greater environmental benefits than small trees. The tree planting recommendations in this report only reflect the replacement of boulevard and manicured portions of parks. Additional research is required to identify restoration and regeneration requirements for woodlands and wooded areas of parks such as Springbank and Helen Mott Shaw Parks. The development of management plans and identification of future planting and natural regeneration requirements for these areas is estimated separately in the recommended strategy. A. Replace trees based on diameter ratio of 1:1 This option assumes that the if a tree of a particular diameter is removed, it will be replaced with a number of trees whose total diameter corresponds to that of the original tree. For example if a 50 cm diameter tree is removed, it will be replaced with ten 5 cm trees. Based on the current diameter distribution of trees identified in our inventory system, the average number of replacement trees required for this option is approximately 3:1. Pros: Some municipalities have recommended this approach to mitigate leaf cover losses.. Leaf cover and environmental will be replaced in a shorter time period. Immediate effects of tree loss on boulevards will be reduced. Allows for the planting of areas currently without trees and distributing the future leaf cover more uniformly across the City. Will mitigate natural mortality of planted trees as not all trees survive to an age where they will produce significant leaf cover. Cons: This equates roughly to a replanting rate of 3:1 for every tree removed from boulevards or manicured portions of parks. Planting costs are 3 times more expensive than at a 1:1 tree removal to replanting ratio regardless of the size of the removed tree. May have tree and contractor availability issues in the first few years of the program. 7 Agenda Item # Page # □ □ May have difficulty identifying sufficient planting areas initially. 8 Agenda Item # Page # □ □ B. Replace trees based on 2:1 replanting ratio This option assumes that two trees will be planted for each tree that is removed regardless of the size of the original tree. Pros: Immediate effect of tree loss on boulevards will be reduced. Allows for the planting of areas currently without trees and distributing the future leaf cover more uniformly across the City Leaf cover and environmental benefits will be replaced in a shorter time period Will mitigate natural mortality of planted trees as not all trees survive to an age where they will produce significant leaf cover. Cons: Planting costs higher than replanting at 1:1 ratio. May have tree and contractor availability issues in the first few years of the program. May have difficulty identifying sufficient planting areas initially. C. Replace trees based on 1:1 ratio This option assumes that each tree removed will be replaced by another planted tree regardless of the size of the original tree. Pros: Immediate effects of tree loss on boulevards may be reduced. Least expensive replacement option in the short term. Cons: May not have immediate effect on tree loss. Does not account for natural tree mortality over time. Leaf cover loss due to EAB will not be recovered due to natural mortality. Tree Protection Using TreeAzin™ TreeAzin™ is the preferred and approved chemical insecticide registered for use to control EAB in Canada. It is recommended for application every two years for the effective life of the tree. It is generally accepted that TreeAzin™ treatments should be continued until after the EAB populations decline when most of their food supply has been killed. The current major infestation is anticipated to last approximately 15 more years. A. Maintain Current TreeAzin™ Treatment Program Pros: Maximize tree survival of the existing treated trees. Some of the treated trees already have low levels of infestation. Maintain a certain percentage of high value ash trees and their associated leaf cover benefits across the City. Maintain existing environmental and social benefits of high value ash trees. Minimize impacts of large scale removals some boulevards and in parks Cost benefit of treating larger, healthier trees can be positive. Proactive approach to maintaining a percentage of the current ash population alive. 9 Agenda Item # Page # □ □ Maintains species diversity. Cons: Must maintain current funding levels for treatment in order to keep the trees alive. Some of the trees may die over time. 10 Agenda Item # Page # □ □ B. Do Not Treat Trees With TreeAzin™ Pros: Savings in funding requirements associated with current treatment program. Cons: No net savings in funding because the trees will need to be cut and replanted at a higher cost than continued treatment. Treatments to date will no longer be effective and trees will be more susceptible to EAB and those that are already infested will die sooner. Increased mortality of treated trees. Loss of benefits associated with these high value trees. Increased removal impacts on boulevards and in parks. Benefits incurred through the treatment will be lost as the trees will die. Utilization and Cost Recovery Options We currently do not have an estimate for the potential revenue from ash material but have identified some options to explore and bring forward to Council in a report at a later date. Currently London has a very effective program of dealing with existing levels of wood residue from Forestry operations. This program provides opportunities for local business, services to the community and support for City programs. The City does not charge clients or City programs for the wood. Cost recovery for the services is realized through savings in operational costs that would be incurred if all the residue would be chipped or if other City programs would have to purchase the chips from external sources. Cost recovery by charging firewood cutters for the residue was tried in the past but was not successful. It is more cost effective for the City to provide the wood for free than to pay for the grinding of the wood which would otherwise not be used by them. Some of the logs are delivered to private yards across the City subsequently sold for firewood. We provide this service at no charge to the local woodcutting industry. The remainder of the wood is chipped and used as mulch in our park planting and community planting operations, on managed trails or in dog parks. Sometimes larger tree trunks are provided to schools free of charge to be used as playground amenities. Trees that are felled in wooded areas of parks are left on the ground to maintain the long term nutrient balance of the woods and provide wildlife habitat. Additional wood residue resulting from an influx of ash will create operational and utilization issues. There is limited opportunity high quality wood from for urban ash trees which often contain structural defects or imbedded objects such as nails. The market for ash materials for furniture and flooring requires high quality wood and is being flooded. Dead ash trees have limited value for high quality timber because they dry quickly. This produces cracks in the wood and greatly reduces the amount of suitable wood. The greatest opportunities for recovering the highest value from the ash trees are from utilizing live trees, and finding opportunities to marketing the residue. Removing a large number of ash trees, many of which will be of a larger diameter, has created the need for innovative approaches to dealing with the wood residue. Some States and communities have developed a variety of approaches to deal with this issue. The State of Illinois, along with federal agencies, municipalities and organizations has developed a wood utilization team to look at statewide uses of ash materials. Some municipalities encourage local sawmills to purchase and mill the wood while other municipalities purchased their own mill and create lumber for picnic benches and other uses. Toronto has recently sent out a “Request for Offers” to bidders interested in purchasing and removing tree limbs and trunks from wood residue generated from their forestry programs. Oakville conducted a commercial thinning operation in a woodland park two years ago as part of an ecological restoration project and the proceeds of the sale of the wood was used to recover the cost of the restoration. Wood residue is used as biofuel in areas that have cogeneration plants in other parts of Canada. 11 Agenda Item # Page # □ □ The use of wood residue is a sustainable practice and is recognized by many organizations that promote the use of natural resources. There may be opportunities for the City to explore opportunities with Canada Green Building Council to promote the use of urban wood residue as part of their initiatives that include LEED® approved building processes. Although large boulevard and park trees may have some structural defects or imbedded material such as nails that limit their utility for high value products, there are clearly opportunities to for alternative uses for the ash and other wood residue. These need to be explored in more detail and the cost of such studies is incorporated in the Coordination costs associated with the recommended management strategy. Management of EAB on Private Property and Public Education Approximately 75% of all the ash trees in London are on private property. Residents have a responsibility to deal with infested trees on their property. Communications between the City and property owners is a critical factor in successfully managing this infestation over the next 15+ years. The recommended strategy identifies a comprehensive communication plan. It includes steps to improve the knowledge available to property owners and potential tools that may reduce their management costs. The costs for this plan are included in the coordination costs associated with the recommended management strategy. Some of these include: continuing to update the EAB website; development and use of brochures, posters, videos and other social media; neighbourhood EAB information meetings; explore the creation of a one-time tax rebate for TreeAzin™ injections: consider creating a “reduced cost tree planting program” to encourage homeowners to plant trees; consider the use of hyperspectral imaging analysis to map the location of all the ash trees in the City including that on private property and provide information to affected homeowners as was done in Milwaukee. Recommended EAB Strategy and Rationale The following EAB strategy as summarized in Table 1 is recommended by staff for endorsement by Council. It is developed as directed by Council and is in support of the business case for funding EAB management beginning in 2012 budget year. Actual experience costs were used where available. Additional details on aspects of the recommended strategy are identified within the consultant report located on City Website (http://www.london.ca/d.aspx?s=/Trees_Lawns_and_Gardens/ashborerinfo_City_property.htm) . The 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 of woodlands, and; support program to coordinate activities, improve communication and education and explore utilization options and research opportunities. The recommended strategy promotes a balanced, integrated approach to managing the EAB over long term that includes: identification of management issues, risk management, detection, removals restoration, replanting and reforestation, communication and education, research and funding. It is based on the most current scientific and operational information available. Acknowledgements: Andy Beaton, Forestry Supervisor, PEES- Transportation and Roadside Operations; John Parsons, Division Manager, PEES- Transportation and Roadside Operations; Bonnie Bergsma, Ecologist Planner, PEES – Parks Planning and Design 13 Agenda Item # Page # □ □ Prepared By: Reviewed By: Ivan Listar, R.P.F. John Fleming, MCIP, RPP Manager, Urban Forestry Director of Land Use Planning & City Planner Recommended By: Pat McNally, P.Eng. Executive Director - Planning, Environmental & Engineering Services Y:\Shared\Urban Forestry\New Folder (5)\2011-09-27 Staff Report to CNC - Emerald Ash Borer Strategy(1).docx Cc:TFAC 14 Agenda Item # Page # □ □ Appendix A Screen shot of City of London EAB website Home Page 15 Agenda Item # Page # □ □ TO: CHAIR AND MEMBERS COMMUNITY AND NEIGHBOURHOODS COMMITTEE MEETING ON SEPTEMBER 27, 2011 FROM: JOHN KOBARDA FIRE CHIEF LONDON FIRE DEPARTMENT SUBJECT: BUSINESS INTELLIGENCE PROGRAM RECOMMENDATION That, on the recommendation of the Fire Chief, with the concurrence of the Executive Director - Community Services, the Manager of Purchasing and Supply and Chief Technology Officer , the following actions BE TAKEN: 1. The quote submitted by Intergraph Canada Ltd, 250-7070 Mississauga Rd, 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; 2. The quote submitted by Intergraph Canada Ltd, 250-7070 Mississauga Rd, 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 3. The quote submitted by Intergraph Canada Ltd, 250-7070 Mississauga Rd, 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 4. The funding for this purchase can BE ACCOMODATED within the 2011 Fire Department Budget; 5. Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this purchase; and 6. 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. PREVIOUS REPORTS PERTINENT TO THIS MATTER Service Review 2010 – Business plan for addition of Business Intelligence BACKGROUND The approach of the London Fire Department (LFD) over the past seven (7) years has been to ensure that the services provided to the citizens of London are done so in an efficient and effective manner within the Council approved budgets. An example of this is the move from single use vehicles (engines) to multipurpose vehicles (pumper rescues) thereby expanding the depth of extrication and rescue services without increasing staffing. This approach also allowed the LFD to decommission one (1) of its two (2) heavy rescues and redeploy the staff to the new Station 14 thereby increasing service to the City with a minimal increase in staff (hire of four (4) staff vs. the usual twenty (20) that is required to staff an engine company). As well, the LFD with Council’s Agenda Item # Page # □ □ approval added one (1) multipurpose quint and redeployed the aerial equipped fleet to improve aerial coverage across the City. In order to be able to make these kinds of fundamental decisions it is necessary to rely on efficiency and effectiveness measures. In an environment where financial resources are increasingly becoming scarce, it is ever more important for the LFD to be able to access data from which it can manage the business and seek opportunities for increased efficiencies. It is increasingly important for the Department to access “real time” data for the purposes of measuring department performance, re-evaluate station and resource deployments based on service needs, enable future planning and departmental accreditation, monitor service trends and the provision of benchmarking information to Council, OMBI and the Province. The requirement to measure performance has increased exponentially including a provincial requirement to conduct a Comprehensive Risk assessment annually and then to provide reports on fire protection to the Office of the Ontario Fire Marshal. Currently, any measures tracked by the Department require the use of laborious and manual methods sometimes taking up to 100 hours to distil just one (1) measure. Notwithstanding the workload challenges herein noted, there are also some “real time” measures that the Department would want to access but cannot for that reason. Currently data is retrieved through ad hoc reports provided by TSD. Time delays in getting such reports from TSD are due to limited technical resources available within that department. Furthermore because of the complexity of some performance measures, the Department is unable to readily access “real time” data for the purpose of monitoring performance, identifying trends, etc. One of the key measures of any fire service is its emergency responsiveness. It is also the most expensive component of the business. As such, the availability of accurate “real time” information in order to make decisions is critical. In addition, the ability to access "real time" data permits reviewers to immediately identify when performance standards have not been met thereby permitting an immediate follow up to identify systemic issues, explainable delays or errors in input, efficiency improvements, etc. and implement remedial solutions. The Department requires tools that enable quick and precise review and analysis. In addition the implementation of a Business Intelligence program will enable end users to develop intelligent reports and reduce the need for highly technical TSD resources. This will enable TSD to use it resources for more highly technical tasks. The LFD has worked with TSD over the last several years toward the development of a records management program, however experience has shown that given the complexity of the Department’s needs it may be more efficient and effective to meet its requirements with “off the shelf” packages. With Joseph Edward joining the City, the LFD has been able to explore possible solutions toward its challenges, including purchasing a standalone-outsourced product. This strategy also conforms with the strategic direction the technology services division is taking to become a business enabling division. Late last year, early this year, the LFD with TSD’s assistance reviewed several different programs which would supply the Department with the necessary analyses as well as the mapping programs which would give visual representations of specified events (e.g. concentration of arsons, structure fires, auto extrications, etc). One of the critical requirements is that any purchased program must integrate with the existing CAD system in order to use the existing data. It should be noted that there are not a large number of third party fire-based business intelligent tools. The Department was able to review products from two (2) suppliers one of which was Intergraph the supplier of the City’s fire CAD system. Based on the review, the programs developed by Intergraph provided a more intuitive user-friendly approach than the competitor’s product. In addition by using the Intergraph program integration with the system will be assured, as well as stability, as Intergraph is the LFD’s CAD program, where a great deal of the information is currently gathered. As allowed under the Procurement of Goods and Services Policy – Section 14.4 Non-Competitive purchases – Single Source, it is recommended that to ensure that the program is compatible with the existing CAD system the Business Intelligence (BI) and Incident Analyst (IA) programs be purchased from Intergraph. If a supplier other than Intergraph were used it would still be necessary to employ the services of Intergraph to integrate the product with the CAD system. By using the Intergraph product the integration would be seamless. The Department upgrades the CAD system every three (3) years to coincide with the expiration of the hardware leases and to ensure that the Department has the most current program in place. The Agenda Item # Page # □ □ current version of CAD is 8.1 with the Department seeking to upgrade to version 9.1 in 2012. The Business Intelligence and Incident analyst programs are designed to work with 9.1 version of CAD. It is therefore recommended that the implementation of the programs be completed in 2 phases. Phase 1 would be completed in 2011 where Intergraph would provide a standalone system which would contain the BI foundations, the necessary report writers, and licences as well as a snapshot of the historical data. It would also include an Oracle to SQL server database conversion, which aligns with the approach that TSD is taking. A 2011 implementation will provide the Department with the ability to work with the system to ensure that the data has migrated properly as well as evaluating and identifying customs reports. Phase 2 will then be the development of the custom reports as well as the integration to the CAD system during the upgrade in 2012. The London Fire Business Intelligence for Public Safety will provide accurate “real time” data to enable the Department to react to issues as they arise, monitor trends and performance and provide benchmarking data. The Business Analyst program will provide the department with the ability to map events and trends and plan accordingly. FINANCIAL IMPACT Phase 1 of the process can be accomplished in 2011. The cost of the London fire Business Intelligence for Public Safety can be provided at a cost of $130,000 HST extra while the London Fire Incident Analyst program can be supplied at a cost of $38,000 HST extra. Both of these costs can be accommodated within the existing 2011 Fire Department budget as the result of one time savings from unanticipated retirements and unfilled positions. Phase 2 implementation in 2012 will be $55,000 with funding allocated from the 2011 annual budget Annual maintenance cost thereafter will be $17,680 for the Business Intelligence program and $3,700 for the Incident Analyst Program which would be accommodated within future operating budgets. Acknowledgments CONCURRED BY: CONCURRED BY: John Freeman Joseph Edward Manager of Purchasing and Supply Chief Technology Officer RECOMMENDED BY: CONCURRED BY: John Kobarda Ross L Fair Fire Chief Executive Director Community Services c. J Fielding