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TO:

FROM:

SUBJECT:

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CHAIR AND MEMBERS BOARD OF CONTROL

WEDNESDAY AUGUST 13,2008

R. W. PANZER GENERAL MANAGER of PLANNING and DEVELOPMENT

CONTRACT RENEWAL WITH THE UPPER THAMES RIVER CONSERVATION AUTHORITY TO MANAGE CITY OF LONDON

ENVIRONMENTALLY SIGNIFICANT AREAS

IJ. Bruin

RECOMMENDATION

That, on the RECOMENDATION of the General Manager of Planning and Development, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on August 18,2008 to authorize the Mayor and Clerk to execute an updated and revised Agreement with the Upper Thames River Conservation Authority for the management of Environmentally Significant Areas in the City of London in a form acceptable to the General Manager of Planning and Development and City Solicitor and substantially in the form of Agreement attached hereto as Appendix # I .

PREVIOUS RELEVANT REPORTS

April 10,2002 Report to Board of Control recommending that the City enter into a five year contractual agreement with the UTRCA to manage the City of London’s Environmentally Significant Areas. Recommendation approved by Board of Control.

BACKGROUND II The City of London currently owns seven environmentally significant areas (ESAs) within the City. These ESAs account for 568.2 hectares of land in the form of upland forests, floodplains, wetlands, bogs, meadows etc. The seven ESAs currently being managed include Westminster Ponds/Pond Mills, Meadowlily Woods, Kains Woods, Sifton Bog, Kilally Meadows, Medway Valley Heritage Forest and Warbler Woods. The ongoing management of these areas is coordinated through an ESA Management Committee, made up of representatives from the City of London’s Parks Planning, Park Operations and Forestry Divisions, as well as Operations staff, Ecologists and Planning Staff from the Upper Thames River Conservation Authority (UTRCA).

In March of 2002, the City of London expanded a long standing arrangement and formally contracted the Upper Thames River Conservation Authority (UTRCA) to manage London’s ESA lands on our behalf. Their management activities as laid out in this original agreement with the City of London included the following six mandate items:

1. The implementation of resource management schemes; 2. Developing and maintaining the area trails and trail signs, structures, perimteter parking,

access points and access signs required for the support of recreational and education programs;

3. Installing and maintaining line fences, boundary markings and other devices to identify boundaries;

4. Enforcement of Conservation Areas Regulations and Trespass to Property Act; 1

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5. The implementation of special events and educational programs as required; 6. Risk management programs and hazard tree programs.

The professional background of individuals within the ESA Team at the UTRCA has historically included forestry, wildlife management, carpentry and Bylaw Enforcement. This team includes five full time staff and usually an additional three to five seasonal staff. The Team has been set up to manage ESAs all year long and throughout the day and evening. For example, it is common for UTRCA staff to be installing boardwalks and addressing tree hazards during typical work hours, while also completing bylaw enforcement in the evenings and on weekends.

Funding for this ESA Team is provided through the Planning Division’s yearly Operating Budget. This budget is completely separate and distinct from the Authority’s annual levy to the City for carrying out its services. This annual operating budget is augmented by the UTRCAs ongoing effort to secure and coordinate additional funding from various community groups and government grant programs (refer to appendix 2). In an average year, the UTRCA is able to secure an additional $0.30 worth of cash and in-kind funding for every operating dollar provided to them by the City of London. This in-kind funding comes in the form of Human Resources Canada grants and donations from active community groups and associations such as Scouts Canada, Sunoco Group, TD Canada Trust, Rotary Club, etc. A good example of this type of funding was a $35,000 grant that the UTRCA applied for and received from Ducks Unlimited Canada in 2006 to install boardwalks in both Sifton Bog and Westminster ESA on the City of London’s behalf.

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ESA MANAGEMENT & PLANNING ACTIVITIES

The importance of proactive, on-going management of ESA lands continues to be a priority for the City of London and the general public. Both the City of London and the UTRCA have gained invaluable knowledge of how to efficiently manage ESAs since the UTRCA was initially contracted in 2002. As a reflection of this experience and increased public demand for natural areas, the City of London and the UTRCA have expanded the mandate in the revised contract. New mandate items, as outlined in the revised contract (refer to Appendix #I) are as follows:

1. Monitoring and enhancing the natural resource; 2. Enforcing applicable provincial statutes, regulations, and municipal bylaws; 3. Overseeing and implementing risk management and tree hazard programs; 4. Developming and maintaining the areas hiking trail network and supporting infrastructure: 5. Coordinating and promoting educational programs, special events and community projects.

These individual mandate items are broken down and expanded upon in Schedule ‘B of the updated contract.

In order to effectively fulfill these mandate items, the UTRCA have broadened the professional background on their ESA Team to include the following skill bases:

1. Provinical and Municipal Bylaw Enforcement Officers 2. Forestry Technicians 3. Fish and Wildlife Technicians 4. Construction Engineering Technicians, and 5. Professional Chainsaw Instructors

The team has developed this way so that they can fully manage the diverse operational needs and improve operating efficiencies in the ESAs. Forexample. while building a boardwalk, the same staff can address tree hazards and educatekharge somebody under the Parks and Recreation Bylaw, Conservation Authority’s Act or Trespass to Properties Act.

Another improvement to this contract is more controlled and predictable payment terms. Historically, the ESA-Team has received a lump sum payment to manage the ESAs which was indirectly based on the number of hectares of land being managed. In the revised contract, we have recommended that the UTRCA be paid by the hectare to manage ESA lands so that Parks Planning and other

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affected parties can effectively forecast budgets out and into the years that we anticipate acquiring new ESA lands.

Over the next few years, we anticipate the ESA Team helping to implement ongoing and recently completed Masterplans such as the Westminster Master Plan (completed in 2005) and the Sifton BogMaster Plan which will be completed by the Fall of 2008. These master plan processes, which involve extensive community consultation, have been extremely successful and the implementation of the master plans various recommendations are very attainable in large part due to the UTRCA and the ESA Team.

The UTRCA will continue to seek out in kind funding and labour support to benefit the ESAs. The positive results of these in-kind contributions are veryvisible to the public in the form of large public planting initiatives, clean-up days etc.

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Bill No

By-law No.

A By-law to authorize an Agreement between The Corporation of the City of London and The Upper Thames River Conservation Authority; and to authorize the Mayor and City Clerk 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, 2007 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 it is deemed expedient for The Corporation of the City of London (the “City”) to enter into an Agreement with The Upper Thames River Conservation Authority, for the management of certain lands within the City of London (the “Agreement”);

AND WHEREAS it is appropriate to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City;

NOW THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows:

1. The Agreement attached as Schedule “A to this By-law, beina an Agreement between the City and The Upper Thames River Conservation Authority ishereby AUTHORIZED AND APPROVED.

2. The Mayor and City Clerk are authorized to execute the Agreement authorized and approved under section 1 of this by-law.

3. This by-law shall come into force and effect on the day it is passed.

PASSED in Open Council ,2008

Anne Marie DeCicco-Best Mayor

First reading - Second reading - Third reading -

Kevin Bain City Clerk

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Aooendix #I

Revised Contract Document

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THIS AGREEMENT made in duplicate as of the day of

BETWEEN:

,2008

UPPER THAMES RIVER CONSERVATION AUTHORITY

(hereinafter called the "Authority")

OF THE FIRST PART

THE CORPORATION OF THE CITY OF LONDON

(hereinafter called the "City")

OF THE SECOND PART

WHEREAS the Authority and/or the City are the owners of the Environmentally Significant Natural Areas (ESAs) located within the City of London, in the County of Middlesex, known as the Westminster Pond/Pond Mills Conservation Area, Kilally Meadows, Medway Valley Heritage Forest, Sifton Bog, Warbler Woods, Meadowlilly Woods and Kains Woods (hereinafter referred to as the "ESAs");

AND WHEREAS the existing location and demarcation of the ESAs and their respective management areas are more particularly identified in the maps shown as Schedule "A" attached hereto;

AND WHEREAS the City and the Authority have previously entered into agreements dated the 2nd day of July, 1976 and the 15'" day of March, 2002 with respect to the creation, development and management of environmentally significant natural areas in the City of London;

AND WHEREAS the City and the Authority have agreed to enter into this Agreement in replacement to all previous agreements and to provide for the maintenance, repair, service, development and operation of the ESAs and their respective management areas on the terms and conditions contained herein:

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants and agreements herein contained, the parties hereto agree as follows:

1. Manaaement Activities

(a) The Authority shall carry out the maintenance, repair, service, development and operation, including by-law enforcement, for the ESAs, their respective management areas and other lands according to objectives established in the Master Plans for the ESAs, and as directed by the Joint ESA Management Committee and as otherwise directed by the City;

(b) It is understood and agreed between the parties that the activities as set forth in paragraph 1 (a) will be completed at the discretion of the Authority on the basis of regular consultation with the City. These activities, which are more particularly described in Schedule "8" attached hereto, shall include, but are not limited to;

(i) Monitoring and enhancing the natural resource; (ii) Enforcing applicable provincial statues and regulations and municipal by-laws; (iii) Overseeing and implementing risk management and hazard tree policies; (iv) Developing and maintaining hiking trail networks and supporting infrastructure; (v) Coordinating and promoting educational programs, special events and community projects.

(c) The parties shall from time to time develop risk management and hazard tree management policies applicable to the ESAs and their respective management areas.

(d) In performing its management activities under this Agreement, the Authority shall comply with all applicable policies as provided by the City, or as otherwise directed in writing by the City.

(e) The Authority shall provide quarterly reports to the City outlining initiatives and describing progress on capital projects.

2. Term of Aareement

This agreement shall be for a term of five (5) years commencing on the 1st day of January, 2008 and shall expire on the 31st day of December, 2013. The term of this agreement may be extended or renewed for a further term providing that neither party is in default hereunder and providing further that the terms and conditions and any modifications thereto are agreed upon between the parties.

3. Land Acauisition

Except as hereinafter provided, the parties hereto agree that the title to all lands within the ESAs shall remain in the name of the registered owner as of the date of the signing of this Agreement. As one of the methods of acquiring land necessary for implementation of the ESA Master Plans the Authority may, from time to time and when sums become available from the Province of Ontario, Ontario Ministry of Natural Resources, obtain and register property in its own name. Any such land acquisitions shall only be done with the approval of the City.

The City may at any time acquire on behalf of itself or the Authority any land which may become available with respect to the ESAs or surrounding lands. It is hereby agreed between the parties that, with respect to any lands so purchased by the City, that the City may apply through the Authority, to the Ministry of Natural Resources or any other municipal, provincial or federal agencies, for such grants as may be available, and the Authority shall assist to ensure that such application is in fact made to the proper body.

4. Annual Operatina Costs

(a) The annual operating costs as defined in subparagraph (b) below, shall be identified within the City's annual operating budget and are separate and distinct from the Authority's annual levy to the City for carrying out its regulatory services.

(b) In the first year of the term of this Agreement, the City shall pay the Authority seven hundred and forty-two ($742.00/ha) dollars per hectare annually for the management of ESAs. In each subsequent year of the term, the annual payment shall be increased by an amount equal to the annual increase in the Cost of Living Index, such increase not to exceed the "base budget" targets established by City Council on an annual basis, except as otherwise agreed by the parties.

(c) The parties agree that a minimum of one (1) years notice will be given to the other party if any change to the funding formula described in paragraph 5 (a) is anticipated.

(d) AS new ESA lands are acquired, the City shall provide the corresponding increase in the Authority's operating budget in accordance with the formula established in paragraph 5 (a) commencing in the next fiscal year. Program costs and management activities will be adjusted with the agreement of the parties in order that newly acquired ESA lands can be managed in accordance with this Agreement.

(e) The Authority shall include in its annual operating budget those costs required to operate the ESAs for next fiscal year in accordance with this Agreement. Prior to setting such budget, the Authority shall submit the budget to the City for its approval by May 30'h in a format acceptable to the City and in accordance with generally accepted accounting and budgeting practices. The operating budget shall include all revenues received by the Authority pursuant to this Agreement and such revenue shall be applied to offset the annual operating costs, which costs shall include any potential debt that may be incurred as a result of capital improvements. The operating budget shall also include the value of any in kind services or donations received to offset the costs of maintenance, repair, development, operation and management of the ESAs.

(9 Payment by the City in each year shall be in accordance with procedures agreed upon by the parties, but such payments shall not be less than one twelfth of the sum owing in each year payable monthly by the City;

6. Capital Costs

Any capital improvement made to the ESAs by either the Authority, the City or any other authorized party, shall be submitted to the City in the same way as the Authority submits its annual operating budget pursuant to paragraph 5 hereof. The approval of such capital improvements will be subject to the same procedure as set out in paragraph 5 hereof.

The City shall provide the Authority a preliminary list of capital projects for the following year by November 30th of the current year. Capital projects and their related budgets shall be finalized, agreed upon and approved by the parties by February 2gm of each fiscal year.

7. Indemnity

The City covenants and agrees to indemnify and save harmless the Authority of and from any and all manner of claims, damages, loss, costs or charges whatsoever occasioned to or suffered by or imposed upon the Authority or its properties, either directly or indirectly, in respect of any matter or thing in consequence of or in connection with or arising out of the use, occupancy or development of the lands to be developed and maintained by the City pursuant to this agreement or, out of any City operation connected therewith, including any hidden or buried materials of which the City has knowledge, or in respect of any accident, damage or injury to any person, animal or thing by, from or on account of the same.

The City covenants that the indemnity herein contained shall extend to all damages and claims for damages by reason of improper or faulty erection or construction of structures hereafter erected or installed on the said ESA or its lands or in connection therewith by the City, its servants or agents and by reason of any insufficiency in such structures and whether or not same have been approved by the Authority, its servants or agents. The said indemnity shall not extend to any losses brought about by the negligent acts of the Authority and its employees.

8. Insurance

The Upper Thames River Conservation Authority shall, at its own expense, obtain and lodge with the City a certificate of insurance satisfactory to the City indemnifying the City and the Authority with cross liability endorsement, against any claim for public liability, personal injury, including death, or property damage to limits of five million ($5,000,000) dollars, inclusive for any one accident arising from the operation of the ESAs. The said policy shall not be subject to lapse or cancellation without thirty days prior written notice to the City.

9. Licences

The Authority shall have the right to licence the use of any lands within the ESAs for the purposes consistent with the Master Plans, provided that the term of any such licence(s) shall not exceed one (1) year in duration. With respect to all licences having a term in excess of one (1) year, the Authority shall obtain the approval of the City regarding the terms and conditions of such licence prior to the issuance of the same. Any fees received hereunder shall be applied to and offset any costs, fees, charges, or other sums the City is responsible for pursuant to this agreement so as to so reduce such payments by the City.

I O . Occupancv of Land and Buildinqs

Notwithstanding anything contained in paragraph 9, the Authority shall permit the City to licence the right to occupy lands and buildings acquired by the Authority to such persons and upon such terms and conditions and with such regulations as the Authority may deem advisable and which the City and any such licencee shall observe. All such revenues shall be retained by the City, for use as the City, in its sole discretion, determines, and the City shall be responsible for all expenses related to the maintenance, repair, upkeep and occupancy of buildings for residential uses.

11. Compliance

All parties shall at all times comply with all provisions of the Conservation Authorities Act and any amendments thereto and any regulations, by-laws and amendments in force from time to time and all rules and regulations pertaining to the Conservation Area as may be enacted from time to time.

12. Development

The City shall comply with all regulations of the Authority concerning the placement of fill, construction of buildings, alteration of waterways for any development on any lands within the ESAs unless the written consent of the Authority shall has been first obtained and such consent may specify:

(a) Type and quality of fill; (b) Method of use of fill; (c) Amount of fill;

13. Termination

Either party may terminate this Agreement for any reason by giving one (1) year written notice to the other party.

IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested in this behalf by the hands of their proper officers.

UPPER THAMES RIVER CONSERVATION AUTHORITY

Per:

Per:

THE CORPORATION OF THE CITY OF LONDON

Mayor

City Clerk

SCHEDULE “A”

ESA Manasement Area MaDs

Agenda Item Y pa g # -A

Agenda nem Pa e # I i 4 - I

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SCHEDULE “B”

The Management Activities to be performed by the Authority under this Agreement shall include, but are not limited to;

1. Monitoring and enhancing the natural resource: a. Habitat restoration b. Wildlife management c. Invasive species control d. Coordinate research initiatives (ex. wildlife trees, deer exclosures etc.) e. Others as directed or as necessary

2. Enforcing applicable provincial statutes, regulations, and municipal bylaws: a. City Parks and Recreation bylaws b. Trespass to Property Act c. Conservation Authority Act d. Others as directed or as necessary

3. Overseeing and implementing risk management and tree hazard programs: a. Tree hazard program b. Private Use Encroachments on to ESA land c. Annual inspection of built structures (ex. stairs, boardwalks, docks, railings etc.) d. Others as directed or as necessary

4. Developing and maintaining the areas hiking trail network and supporting infrastructure:

a. Implement recommendations from various master plan processes b. Maintenance and upkeep of built structures (boardwalks, bridges, stairs, docks etc.) c. Maintenance and upkeep of ESA entrances, and existing trail system d. Maintenance and upkeep of all required signage e. Garbage clean-up f. Maintaining line fences, boundary markings g. Others as directed or as necessary

5. Coordinating and promoting educational programs, special events and community projects:

a. Public meetings and presentations b. Work with local school board and school groups c. Community projects and volunteer groups d. Preparation of education brochures e. Quarterly and annual reports f. Annual report and presentation to Planning Committee g. Others as directed or as necessary

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Aoaendix #2

In Kind Fundina Acauired bv the Upper Thames River Conservation Authoritv in 2006 and 2007

2006/2007 ENVIRONMENTALLY SIGNIFICANT AREAS LEVERAGED FUNDS

Planting 4

9 Education and Research

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9 Boardwalk and Trail Development

Garbage Cleanup a

Government Grants 5

1750 people spent 2 hours

Earth Day at Westminster Ponds installing 1750 donated trees for 2 $79,200.00

In-wetland and In-classroom

Education program Portions of Sifton Bog Wetlands 7 $41,000.00

Construction of a 115 meter cedar boardwalk at South Pond 6 $48,500.00 in Westminster

7 $41,000.00 Great Canadian Shoreline Clean- UP

Funding proposal writing for invasive species removal, education programs and irmlementation Droiects

3 $62,000.00

Community Groups Involved: UTRCA, Duck Unlimited, TD Canada Trust, Suncor Energy Foundation, London West Rotary Club, ClTl Group, Human Resources Canada, Sir Sanford Fleming, Brescia ESL Group, John Labatt Center Ops., Charity Gustavo, Chippewa's of the Thames, Northern Youth Abroad, Patrick Briggs, TD Friends of The Environment, Deloitte Group, London Regional Children's Museum, 70th London Scout Troop, Conservation Services JC, Simon Strausser, St. Paul Clara Brenton Schools, Deer Count Volunteers, Stacey Carnochan, Try Recycling

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