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161128 Council MIN= ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Janelle Costantino, Manager of Finance Rick Cox, Director of Recreation, Culture & Parks Kevin DeLeebeeck, Director of Operations Dave Rushton, Director of Finance/Treasurer Tricia Smith, Deputy Clerk 1.Call to Order The meeting was called to order at 6:00 p.m. 2.Adoption of Agenda Resolution #1 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Agenda as prepared for the Council meeting of Monday, November 28, 2016, be adopted. Carried 3.Moment of Silence The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, November 28, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES Council Meeting Minutes, November 28, 2016 - 2 - 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of November 14, 2016 Minutes, November 14, 2016 Resolution #2 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT the Minutes of the Council Meeting of November 14, 2016, be approved. Carried 6. Delegations and Presentations 6.1. Volunteer Achievement Award Presentation - Laurie & Jed Drew 6.2. Town Hall Project Steering Committee Presentation Presented By: Marty Klein, Chair Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive the presentation from the Town Hall Project Committee; AND THAT the information, be forwarded to Agenda item 9.1.2, Report CAO 16-14, Town Hall Project Steering Committee – Request for Prequalification (RFPQ) Document for deliberation. Carried 6.3. Future Oxford Update Presentation By: Miranda Fuller, Program Director Delegation Request Presentation Future Oxford Expo to be held on April 20, 2017 at the Oxford Auditorium, Woodstock. Council Meeting Minutes, November 28, 2016 - 3 - Resolution #4 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive the presentation regarding the Future Oxford Update, as information. Carried 6.4. Town of Tillsonburg Beautification Presentation By: Robert Marsden, Chair - Heritage, Beautification & Cemetery Advisory Committee Christine Nagy - Committee Member, Chair of the Beautification Working Group, 1st Vice President Tillsonburg Horticultural Society Delegation Request Beautification Working Group Multi-Year Plan A request was made for the Town to assume responsibility for the watering and maintenance of the street urns on Broadway. Staff to review the MOU with the BIA regarding downtown beautification. Resolution #5 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the presentation regarding the Town of Tillsonburg Beautification; AND THAT the information, be referred to the 2017 Business Plans and Budget for deliberation. Carried 6.5. 2016 TurtleFest Final Report Presentation By: Les Anderson, Chair Virginia Armstrong, BIA representative Delegation Request Presentation Council Meeting Minutes, November 28, 2016 - 4 - Resolution #6 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the presentation regarding the 2016 Turtlefest Final Report; AND THAT the information, be referred to the 2017 Business Plans and Budget for deliberation. Carried 6.6. Salvation Army Community Work & Ministry Delegation By: Major Rick Shirran, Executive Director Donna Acre, Community Ministries Coordinator Amanda Mueller, Community & Family Services Worker Delegation Request The Salvation Army is seeking volunteers for their Christmas Kettle campaign. Resolution #7 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive the delegation regarding the Salvation Army Community Work & Ministry, as information. Carried 7. Public Meetings 7.1. Application for Zone Change - Rick & Marianne Klyn - 129 Simcoe Street CASPO Report 2016-281 (ZN 7-16-07) Application Form Report Attachments Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO Report 2016-281 for the application for Zone Change. Opportunity was given for comments and questions. The applicant Rick Klyn appeared before Council in support of the application. No member of the public appeared in support of or in opposition to the application. Council Meeting Minutes, November 28, 2016 - 5 - Council passed the following resolution: Resolution #8 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council approve in principle the zone change application submitted by Rick & Marianne Klyn, whereby the lands described as Part Lot 1724 & Lot 1725, Plan 500, Town of Tillsonburg, known municipally as 129 Simcoe Street are to be rezoned from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a “liquidation retail store”. Carried 8. Mayor 8.1. MYR 16-11, Update - County of Oxford MYR 16-11 Resolution #9 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive Report MYR 16-11, Update - County of Oxford, as information. Carried 9. Reports from Departments 9.1. Chief Administrative Officer 9.1.1. CAO - HR 16-01 Succession Planning Program CAO - HR 16-01 Succession Planning Program Performance Appraisal Form Town of Tillsonburg Talent Inventory Form Talent Review Matrix Proposed Resolution #10 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive Report CAO-HR 16-01, Succession Planning Program, as information. Carried Council Meeting Minutes, November 28, 2016 - 6 - 9.1.2. CAO 16-14, Town Hall Project Steering Committee – Request for Prequalification (RFPQ) Document CAO 16-14 CAO 16-14 RFPQ Document Request to move project component for Outdoor public space under Expected Development - Section 2.2 of the RFPQ document. Resolution #11 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive report CAO 16-14, Town Hall Project Steering Committee – Request for Prequalification (RFPQ) Document; AND THAT Council approve the form and release of the Town Hall RFPQ as attached to report CAO 16-14; AND THAT Council approve the Town Hall Project Steering Committee’s continued work as the evaluation committee to review the RFPQ submissions. Carried 9.2. Development and Communication Services 9.2.1. DCS 16-37, Lease Request from Chesterman Farm Equipment Inc. Report DCS 16-37 Staff to include a definable exit clause in the Lease Agreement. Resolution #12 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive Report DCS 16-37, Lease Request from Chesterman Farm Equipment Inc.; AND THAT staff be directed to bring back a lease agreement for Council’s consideration for the lands described as: (i) Unnamed Road adjacent to Lots 1612, 1613 and 1614; and, (ii) Part Lot 1613, Plan 500, designated as Part 1 & 2 on OXR39 & Part 4 on OXR44, more particularly described as part of Part 1, Plan 41R-8019, Council Meeting Minutes, November 28, 2016 - 7 - And consisting of approximately 5 acres of non-arable land for a three-year term expiring on December 31, 2019. Carried 9.2.2. DCS 16-40 Taxi By-Law DCS 16-40 Taxi By-Law Redlined Draft Taxi By-Law Proposed Taxi By-Law 4051 Resolution #13 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive Report DCS 16-40, Taxi By-Law; AND THAT By-Law 4051, To regulate vehicles for hire in the Town of Tillsonburg, be brought forward for Council consideration; AND THAT the proposed licencing fees noted in this report be considered for the 2017 Rates and Fees By-Law. Carried 9.3. Finance 9.3.1. FIN16-34 Provincial Gas Tax Funding FIN16-34 Provincial Gas Tax Funding Resolution #14 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive Report FIN 16-34, Provincial Gas Tax Funding, as information. Carried 9.4. Operations 9.4.1. OPS 16-36 Hanger 5 - Anger Land Lease Assignment OPS 16-36 Hanger 5 - Anger Land Lease Assignment OPS 16-36 Attachment 1 - Hanger 5 - Anger Land Lease Agreement OPS 16-36 Attachment 2 - Hanger 5 - Anger Land Lease Amendment OPS 16-36 Attachment 3 - Hanger 5 - Anger Land Lease Assignment Council Meeting Minutes, November 28, 2016 - 8 - Resolution #15 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report OPS 16-36, Anger Land Lease Assignment; AND THAT the Land Lease between the Corporation of the Town of Tillsonburg and Larry & Caryle Anne Anger, be approved for assignment to David & Cheryl Anger; AND THAT Mayor and Clerk be authorized to execute the Land Lease Assignment with Larry & Caryle Anne Anger and David & Cheryl Anger. Carried 9.4.2. OPS 16-37 Mutual Drainage Agreement - Max Underhill's Farm Supply OPS 16-37 Mutual Drainage Agreement - Max Underhill's Farm Supply OPS 16-37 Attachment 1 - Bayham Staff Report DS-40-16 OPS 16-37 Attachment 2 - Bayham Enacted By-Law 2016-084 Resolution #16 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive Report OPS 16-37, Mutual Drainage Agreement – Max Underhill’s Farm Supply; AND THAT the Mayor and Clerk, be authorized to execute the Mutual Drainage Agreement; AND THAT a By-Law, be brought forward for Council's consideration. Carried 9.4.3. OPS 16-38 Transfer Station Strategic Direction OPS 16-38 Transfer Station Strategic Direction OPS 16-38 Attachment 1 - Site Plan Layout Option 1 OPS 16-38 Attachment 2 - Site Plan Layout Option 2 OPS 16-38 Attachment 3 - Site Plan Layout Option 3 OPS 16-38 Attachment 4 - Site Plan Layout Option 4 Council Meeting Minutes, November 28, 2016 - 9 - Resolution #17 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive Report OPS 16-38, Transfer Station Strategic Direction; AND THAT Council approves Option 4 as the preferred site plan layout; AND THAT J.L. Richards & Associates Limited continued to be retained for this assignment; AND THAT the capital construction costs for site plan Option 4, be referred to the 2017 budget deliberations. Carried 9.5. Recreation, Culture & Park Services 9.5.1. RCP 16-40 – Toboggan Hill Agreement Renewal RCP 16-40 - Toboggan Hill Agreement Renewal Toboggan Hill Agreement Resolution #18 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive Report RCP 16-40, Toboggan Hill Agreement Renewal; AND THAT Council authorizes the Mayor and Clerk to sign the updated agreement between The Bridges at Tillsonburg and the Town of Tillsonburg; AND THAT a By-Law, be brought forward for Council’s consideration. Carried 10. Committee Minutes & Reports 10.1. Minutes, Heritage, Beautification & Cemetery Advisory Committee Minutes, November 3, 2016 10.2. Minutes, Special Awards Committee 161109 SAC MIN 10.3. Minutes, Town Hall Project Steering Committee 161107 Town Hall MIN Council Meeting Minutes, November 28, 2016 - 10 - Resolution #19 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the Minutes of the Heritage, Beautification & Cemetery Advisory Committee for November 3, 2016, the Special Awards Committee for November 9, 2016 and the Town Hall Project Steering Committee for November 7, 2016, as information. Carried 11. Notice of Motions 12. By-Laws By-Laws from the Meeting of Monday, November 28, 2016 Resolution #20 Moved By: Councillor Hayes Seconded By: Councillor Rosehart 12.1. THAT By-Law 4051, To regulate vehicles for hire in the Town of Tillsonburg, be read for a first and second time and this constitutes the first and second reading thereof. Carried Resolution #21 Moved By: Councillor Hayes Seconded By: Councillor Rosehart 12.2. THAT By-Law 4058, To authorize an agreement between the Corporation of the Town of Tillsonburg and 2407774 Ontario Limited; AND THAT By-Law 4059, to authorize the execution of a Drainage Agreement between The Corporation of the Town of Tillsonburg, The Corporation of the Municipality of Bayham and Max Underhill’s Farm Supply Limited, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried Council Meeting Minutes, November 28, 2016 - 11 - Resolution #22 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine 12.3. THAT By-Law 4060, To confirm the proceedings of Council at its meeting held on the 28th day of November, 2016, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 13. Items of Public Interest Reduced winter hours at the Transfer Station. Council welcomed Dave Rushton, Acting Director of Finance/Treasurer. 14. Adjournment Resolution #23 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Council Meeting of Monday, November 28, 2016 be adjourned at 9:00 p.m. Carried Table of Contents Agenda 3 Minutes, November 14, 2016 Minutes, November 14, 2016 12 Future Oxford Update Delegation Request 24 Presentation 26 Town of Tillsonburg Beautification Delegation Request 40 Beautification Working Group Multi-Year Plan 43 2016 TurtleFest Final Report Delegation Request 53 Presentation 55 Salvation Army Christmas Delegation Request 67 Application for Zone Change- Rick & Marianne Klyn- 129 Simcoe Street CASPO Report 2016-281 (ZN 7-16-07)69 Application Form 75 Report Attachments 79 MYR 16-11, Update - County of Oxford MYR 16-11 83 CAO - HR 16-01 Succession Planning Program CAO - HR 16-01 Succession Planning Program 85 Performance Appraisal Form 88 Town of Tillsonburg Talent Inventory Form 98 Talent Review Matrix 100 CAO 16-14, Town Hall Project Steering Committee – Request for Prequalification (RFPQ) Document CAO 16-14 101 CAO 16-14 RFPQ Document 104 DCS 16-37, Lease Request from Chesterman Farm Equipment Inc Report DCS 16-37 119 DCS 16-40 Taxi By-Law DCS 16-40 Taxi By-Law 123 Redlined Draft Taxi By-Law 126 Proposed Taxi By-Law 4051 150 FIN16-34 Provincial Gas Tax Funding FIN16-34 Provincial Gas Tax Funding 174 OPS 16-36 Hanger 5 - Anger Land Lease Assignment OPS 16-36 Hanger 5 - Anger Land Lease Assignment 176 OPS 16-36 Attachment 1 - Hanger 5 - Anger Land Lease Agreement 177 1 OPS 16-36 Attachment 2 - Hanger 5 - Anger Land Lease Amendment 189 OPS 16-36 Attachment 3 - Hanger 5 - Anger Land Lease Assignment 190 OPS 16-37 Mutual Drainage Agreement - Max Underhill's Farm Supply OPS 16-37 Mutual Drainage Agreement - Max Underhill's Farm Supply 194 OPS 16-37 Attachment 1 - Bayham Staff Report DS-40- 16 195 OPS 16-37 Attachment 2 - Bayham Enacted By-Law 2016-084 203 OPS 16-38 Transfer Station Strategic Direction OPS 16-38 Transfer Station Strategic Direction 204 OPS 16-38 Attachment 1 - Site Plan Layout Option 1 212 OPS 16-38 Attachment 2 - Site Plan Layout Option 2 213 OPS 16-38 Attachment 3 - Site Plan Layout Option 3 214 OPS 16-38 Attachment 4 - Site Plan Layout Option 4 215 RCP 16-40 – Toboggan Hill Agreement Renewal RCP 16-40 - Toboggan Hill Agreement Renewal 216 Toboggan Hill Agreement 218 Minutes, Heritage, Beautification & Cemetery Advisory Committee & Accompanying Beautification Report Minutes, November 3, 2016 224 Minutes, Special Awards Committee 161109 SAC MIN 228 Minutes, Town Hall Project Steering Committee 161107 Town Hall MIN 231 By-Law 4051, To regulate vehicles for hire in the Town of Tillsonburg By-Law 4051 234 By-Law 4058, To authorize an agreement between the Corporation of the Town of Tillsonburg and 2407774 Ontario Limited (Toboggan Hill Agreement) By-Law 4058 258 Lease Agreement 259 By-Law 4059, to authorize the execution of a Drainage Agreement between The Corporation of the Town of Tillsonburg, The Corporation of the Municipality of Bayham and Max Underhill’s Farm Supply Limited. By-Law 4059 265 Drainage Agreement 266 By-Law 4060, To confirm the proceedings of Council By-Law 4060 272 2 = 1. Call to Order 2. Adoption of Agenda Proposed Resolution #1 Moved By: Seconded By: THAT the Agenda as prepared for the Council meeting of Monday, November 28, 2016, be adopted. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Adoption of Council Minutes of Previous Meeting 5.1. Minutes of the Meeting of November 14, 2016 Minutes, November 14, 2016 Proposed Resolution #2 Moved By: Seconded By: THAT the Minutes of the Council Meeting of November 14, 2016, be approved. 6. Delegations and Presentations 6.1. Volunteer Achievement Award Presentation - Laurie & Jed Drew The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, November 28, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor AGENDA (Amended) 3 Council Meeting – Agenda - 2 - 6.2. Town Hall Project Steering Committee Presentation Presented By: Marty Klein, Chair David Calder, CAO Proposed Resolution #3 Moved By: Seconded By: THAT Council receive the presentation from the Town Hall Project Committee; AND THAT the information, be forwarded to Agenda item 9.1.2, Report CAO 16-14, Town Hall Project Steering Committee – Request for Prequalification (RFPQ) Document for deliberation. 6.3. Future Oxford Update Presentation By: Miranda Fuller, Program Director Delegation Request Presentation Proposed Resolution #4 Moved By: Seconded By: THAT Council receive the presentation regarding the Future Oxford Update, as information. 6.4. Town of Tillsonburg Beautification Presentation By: Robert Marsden, Chair - Heritage, Beautification & Cemetery Advisory Committee Christine Nagy - Committee Member, Chair of the Beautification Working Group, 1st Vice President Tillsonburg Horticultural Society Delegation Request Beautification Working Group Multi-Year Plan Proposed Resolution #5 Moved By: Seconded By: THAT Council receive the presentation regarding the Town of Tillsonburg Beautification; 4 Council Meeting – Agenda - 3 - AND THAT the information, be referred to the 2017 Business Plans and Budget for deliberation. 6.5. 2016 TurtleFest Final Report Presentation By: Les Anderson, Chair Virginia Armstrong, BIA representative Delegation Request Presentation Proposed Resolution #6 Moved By: Seconded By: THAT Council receive the presentation regarding the 2016 Turtlefest Final Report; AND THAT the information, be referred to the 2017 Business Plans and Budget for deliberation. 6.6. Salvation Army Community Work & Ministry Delegation By: Major Rick Shirran, Executive Director Donna Acre, Community Ministries Coordinator Amanda Mueller, Community & Family Services Worker Delegation Request Proposed Resolution #7 Moved By: Seconded By: THAT Council receive the delegation regarding the Salvation Army Community Work & Ministry, as information. 7. Public Meetings 7.1. Application for Zone Change - Rick & Marianne Klyn - 129 Simcoe Street CASPO Report 2016-281 (ZN 7-16-07) Application Form Report Attachments 5 Council Meeting – Agenda - 4 - Proposed Resolution #8 Moved By: Seconded By: THAT Council approve in principle the zone change application submitted by Rick & Marianne Klyn, whereby the lands described as Part Lot 1724 & Lot 1725, Plan 500, Town of Tillsonburg, known municipally as 129 Simcoe Street are to be rezoned from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a “liquidation retail store”. 8. Mayor 8.1. MYR 16-11, Update - County of Oxford MYR 16-11 Proposed Resolution #9 Moved By: Seconded By: THAT Council receive Report MYR 16-11, Update - County of Oxford, as information. 9. Reports from Departments 9.1. Chief Administrative Officer 9.1.1. CAO - HR 16-01 Succession Planning Program CAO - HR 16-01 Succession Planning Program Performance Appraisal Form Town of Tillsonburg Talent Inventory Form Talent Review Matrix Proposed Resolution #10 Moved By: Seconded By: THAT Council receive Report CAO-HR 16-01, Succession Planning Program, as information. 9.1.2. CAO 16-14, Town Hall Project Steering Committee – Request for Prequalification (RFPQ) Document CAO 16-14 CAO 16-14 RFPQ Document 6 Council Meeting – Agenda - 5 - Proposed Resolution #11 Moved By: Seconded By: THAT Council receive report CAO 16-14, Town Hall Project Steering Committee – Request for Prequalification (RFPQ) Document; AND THAT Council approve the form and release of the Town Hall RFPQ as attached to report CAO 16-14; AND THAT Council approve the Town Hall Project Steering Committee’s continued work as the evaluation committee to review the RFPQ submissions. 9.2. Development and Communication Services 9.2.1. DCS 16-37, Lease Request from Chesterman Farm Equipment Inc. Report DCS 16-37 Proposed Resolution #12 Moved By: Seconded By: THAT Council receive Report DCS 16-37, Lease Request from Chesterman Farm Equipment Inc.; AND THAT staff be directed to bring back a lease agreement for Council’s consideration for the lands described as: (i) Unnamed Road adjacent to Lots 1612, 1613 and 1614; and, (ii) Part Lot 1613, Plan 500, designated as Part 1 & 2 on OXR39 & Part 4 on OXR44, more particularly described as part of Part 1, Plan 41R-8019, And consisting of approximately 5 acres of non-arable land for a three-year term expiring on December 31, 2019. 9.2.2. DCS 16-40 Taxi By-Law DCS 16-40 Taxi By-Law Redlined Draft Taxi By-Law Proposed Taxi By-Law 4051 Proposed Resolution #13 Moved By: Seconded By: THAT Council receive Report DCS 16-40, Taxi By-Law; 7 Council Meeting – Agenda - 6 - AND THAT By-Law 4051, To regulate vehicles for hire in the Town of Tillsonburg, be brought forward for Council consideration; AND THAT the proposed licencing fees noted in this report be considered for the 2017 Rates and Fees By-Law. 9.3. Finance 9.3.1. FIN16-34 Provincial Gas Tax Funding FIN16-34 Provincial Gas Tax Funding Proposed Resolution #14 Moved By: Seconded By: THAT Council receive Report FIN 16-34, Provincial Gas Tax Funding, as information. 9.4. Operations 9.4.1. OPS 16-36 Hanger 5 - Anger Land Lease Assignment OPS 16-36 Hanger 5 - Anger Land Lease Assignment OPS 16-36 Attachment 1 - Hanger 5 - Anger Land Lease Agreement OPS 16-36 Attachment 2 - Hanger 5 - Anger Land Lease Amendment OPS 16-36 Attachment 3 - Hanger 5 - Anger Land Lease Assignment Proposed Resolution #15 Moved By: Seconded By: THAT Council receive Report OPS 16-36, Anger Land Lease Assignment; AND THAT the Land Lease between the Corporation of the Town of Tillsonburg and Larry & Caryle Anne Anger, be approved for assignment to David & Cheryl Anger; AND THAT Mayor and Clerk be authorized to execute the Land Lease Assignment with Larry & Caryle Anne Anger and David & Cheryl Anger. 9.4.2. OPS 16-37 Mutual Drainage Agreement - Max Underhill's Farm Supply OPS 16-37 Mutual Drainage Agreement - Max Underhill's Farm Supply OPS 16-37 Attachment 1 - Bayham Staff Report DS-40-16 8 Council Meeting – Agenda - 7 - OPS 16-37 Attachment 2 - Bayham Enacted By-Law 2016-084 Proposed Resolution #16 Moved By: Seconded By: THAT Council receive Report OPS 16-37, Mutual Drainage Agreement – Max Underhill’s Farm Supply; AND THAT the Mayor and Clerk be authorized to execute the Mutual Drainage Agreement; AND THAT a By-Law, be brought forward for Council's consideration. 9.4.3. OPS 16-38 Transfer Station Strategic Direction OPS 16-38 Transfer Station Strategic Direction OPS 16-38 Attachment 1 - Site Plan Layout Option 1 OPS 16-38 Attachment 2 - Site Plan Layout Option 2 OPS 16-38 Attachment 3 - Site Plan Layout Option 3 OPS 16-38 Attachment 4 - Site Plan Layout Option 4 Proposed Resolution #17 Moved By: Seconded By: THAT Council receive Report OPS 16-38, Transfer Station Strategic Direction; AND THAT Council approves Option 4 as the preferred site plan layout; AND THAT J.L. Richards & Associates Limited continued to be retained for this assignment; AND THAT the capital construction costs for site plan Option 4, be referred to the 2017 budget deliberations. 9.5. Recreation, Culture & Park Services 9.5.1. RCP 16-40 – Toboggan Hill Agreement Renewal RCP 16-40 - Toboggan Hill Agreement Renewal Toboggan Hill Agreement 9 Council Meeting – Agenda - 8 - Proposed Resolution #18 Moved By: Seconded By: THAT Council receive Report RCP 16-40, Toboggan Hill Agreement Renewal; AND THAT Council authorizes the Mayor and Clerk to sign the updated agreement between The Bridges at Tillsonburg and the Town of Tillsonburg; AND THAT a By-Law, be brought forward for Council’s consideration. 10. Committee Minutes & Reports 10.1. Minutes, Heritage, Beautification & Cemetery Advisory Committee Minutes, November 3, 2016 10.2. Minutes, Special Awards Committee 161109 SAC MIN 10.3. Minutes, Town Hall Project Steering Committee 161107 Town Hall MIN Proposed Resolution #19 Moved By: Seconded By: THAT Council receive the Minutes of the Heritage, Beautification & Cemetery Advisory Committee for November 3, 2016, the Special Awards Committee for November 9, 2016 and the Town Hall Project Steering Committee for November 7, 2016, as information. 11. Notice of Motions 12. By-Laws By-Laws from the Meeting of Monday, November 28, 2016 Proposed Resolution #20 Moved By: Seconded By: 12.1. THAT By-Law 4051, To regulate vehicles for hire in the Town of Tillsonburg, be read for a first and second time and this constitutes the first and second reading thereof. 10 Council Meeting – Agenda - 9 - Proposed Resolution #21 Moved By: Seconded By: 12.2. THAT By-Law 4058, To authorize an agreement between the Corporation of the Town of Tillsonburg and 2407774 Ontario Limited (Toboggan Hill Agreement), Lease Agreement; AND THAT By-Law 4059, to authorize the execution of a Drainage Agreement between The Corporation of the Town of Tillsonburg, The Corporation of the Municipality of Bayham and Max Underhill’s Farm Supply Limited, Drainage Agreement, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Proposed Resolution #22 Moved By: Seconded By: 12.3. THAT By-Law 4060, To confirm the proceedings of Council at its meeting held on the 28th day of November, 2016, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 13. Items of Public Interest 14. Adjournment Proposed Resolution #23 Moved By: Seconded By: THAT the Council Meeting of Monday, November 28, 2016 be adjourned at _____ p.m. 11 = ATTENDANCE Mayor Stephen Molnar Deputy Mayor Dave Beres Councillor Maxwell Adam Councillor Penny Esseltine Councillor Jim Hayes Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Janelle Costantino, Manager of Finance Rick Cox, Director of Recreation, Culture & Parks Kevin DeLeebeeck, Director of Operations Jeff Smith, Fire Chief Tricia Smith, Deputy Clerk 1. Call to Order The meeting was called to order at 6:00 p.m. 2. Closed Session Resolution #1 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council move into Closed Session to consider: 1. Personal matters about an identifiable individual, including municipal or local board employees (THI). Carried The Corporation of the Town of Tillsonburg COUNCIL MEETING Monday, November 14, 2016 6:00 PM Council Chambers 200 Broadway, 2nd Floor MINUTES 12 Council Meeting Minutes, November 14, 2016 - 2 - 3. Adoption of Agenda Resolution #2 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive the Delegation Register; AND THAT the Agenda as prepared for the Council meeting of Monday, November 14, 2016, be adopted as amended. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 6. Adoption of Council Minutes of Previous Meeting 6.1. Minutes of the Meeting of September 15, 2016 and October 24, 2016 Minutes, September 15, 2016 Minutes, October 24, 2016 Resolution #3 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT the Minutes of the Council Meetings of September 15, 2016 and October 24, 2016 be approved. Carried 7. Delegations and Presentations 7.1. Senior Centre Activities Update Delegation By: Nancy Boutin, Administrator Gayle Vermeersch, President Carlton Ross, Treasurer Delegation Request Report Council extended an invitation to the Senior Centre for a member to sit on the Tillsonburg Canada 150 Committee. 13 Council Meeting Minutes, November 14, 2016 - 3 - Resolution #4 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the delegation regarding the Senior Centre Activities Update, as information. Carried 7.2. Future Oxford Update Presentation By: Miranda Fuller, Program Director Delegation Request Presentation Presentation was deferred to the November 28, 2016 Council meeting due to a scheduling conflict. 7.3. Habitat for Humanity Presentation By: Linda Armstrong, Past CEO & Board Chair Brian Elliott, New CEO Presentation Delegation Request Habitat for Humanity is seeking a larger parcel of land in Tillsonburg for a multi-year affordable housing project. Resolution #5 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the Habitat for Humanity presentation, as information. Carried 7.4 Draft Taxi By-Law Delegation By: Mike Christiaens, Why Wait Taxi & Delivery Mike Christiaens appeared before Council to share his concerns in regards to the draft Taxi By-Law. 14 Council Meeting Minutes, November 14, 2016 - 4 - His concerns related to non-profit vehicle exemption under the proposed by-law; the flex route for the Group Transportation Vehicle; and additional cost of the Vehicle Fitness Report and annual inspection of natural gas/propane systems in taxi vehicles. 7.5 Draft Taxi By-Law Delegation By: Teresa McMerty, KTN Taxi Teresa McMerty appeared before Council to share her concerns in regards to the draft Taxi By-Law. Her concerns related to the proposed increased licensing fee for Taxi drivers. Resolution #6 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the Delegations regarding the draft Taxi By-Law; AND THAT the information, be forwarded to Agenda Item 11.1.1, Report DCS 16-39, Draft Taxi By-Law for deliberation. Carried 8. Public Meetings 8.1. Building Permit Fee Study Presentation By: Geno Vanhaelewyn, Chief Building Official Glenn Tunnock, Tunnock Consulting Ltd. DCS 16-38 Building Permit Fee Review Building Permit Fee Study Building Permit Fee Study - Presentation Opportunity was provided for questions and comments. Herman Sinke, Grassmere Construction appeared before council to express his concerns regarding the proposed fee structure for smaller Industrial and Commercial construction projects. The fees for commercial and industrial construction projects under the proposed Building Permit Fee structure would move to a fixed base fee. No other member of the public provided questions or comments. 15 Council Meeting Minutes, November 14, 2016 - 5 - Resolution #7 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive the Town of Tillsonburg Building Permit Fee Review Study completed by Tunnock Consulting Ltd.; AND THAT staff provide a report at the December 12, 2016 Council meeting regarding the public consultation and consultants recommendations contained within the review/study. Carried 9. Delegations and Presentations 9.1 Memorial Park Diamond Relocation Delegation By: Mike Dean Mike Dean appeared before Council to express his concerns regarding the proposed Memorial Park Diamond relocation. His concerns related to the installation of lighting and fencing around the diamond and future use of the area by the Fair. Resolution #8 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive the Delegation regarding the Memorial Park Diamond Relocation; AND THAT the information, be forwarded to Agenda Item 11.4.3 RCP 16-38, Memorial Park Diamond Relocation for deliberation. Carried 10. Planning Applications 10.1. Site Plan Application TSPC 7-168 - 253 Broadway Presentation By: Eric Gilbert, Senior Planner – County of Oxford CASPO Report 2016-271 Report Attachments Central Area Design Study Excerpts Eric Gilbert, Development Planner, County of Oxford, appeared before Council and presented CASPO Report 2016-271 for the application for Site Plan approval. Opportunity was given for comments and questions. 16 Council Meeting Minutes, November 14, 2016 - 6 - No member of the public appeared in support of or in opposition to the application. Council passed the following resolution: Resolution #9 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson That Council direct staff to approve Site Plan Application TSPC 7-168, to facilitate a 3-storey mixed use development, submitted by Rego Management Inc., on lands legally described as Part Lot 945 & Lot 944, Plan 500, Tillsonburg, known municipally as 253 Broadway Street. Carried 11. Information Items 11.1. Canadian Red Cross regarding For McMurray donations Red Cros Fort McMurray Resolution #10 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive item 10.1, as information. Carried Council recessed at 8:09 p.m. Council resumed at 8:15 p.m. 12. Reports from Departments 12.1. Development and Communication Services 12.1.1. DCS 16-39 Draft Taxi By-Law DCS 16-39 Draft Taxi By-Law Current Taxi By-Law 2995 Draft Taxi By-Law 4051 Licensing issued in 2016 under the current Taxi By-Law will be extended to April, 2017 to coordinate with Norfolk County’s expiration date. Staff to include a follow-up report to Council at a future meeting for consideration prior to the first reading of the By-Law. 17 Council Meeting Minutes, November 14, 2016 - 7 - Resolution #11 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive Report DCS 16-39 Draft Taxi By-Law, as information. Carried 12.2 Recreation, Culture & Park Services 12.2.1 RCP 16-37 TCT Extension Project Work Plan Update RCP 16-37 TCT Extension Project Work Plan Update PW 2016-64 Trans Canada Trail - Revised Trail Route Work Plan Resolution #12 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive Report RCP 16-37, TCT Extension Project Work Plan Update; AND THAT pursuant to Section 12.1 of the Trans Canada Trail (TCT) Agreement between the County of Oxford and Town of Tillsonburg, Town Council approve the route change shown on Schedule “A” eliminating Oxford Road 20 and relocating this section to the former CASO Right of Way. Carried 12.2.2 RCP 16-38 – Memorial Park Diamond Relocation RCP 16-38 - Memorial Park Diamond Relocation Memorial Park CMP Working Layout Resolution #13 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive Report RCP 16-38, Memorial Park Diamond Relocation; AND THAT any endorsement, be deferred pending a supplemental staff report providing additional information as requested by Council. Carried 12.3 Finance 12.3.1 FIN 16-32 Fire Communications Infrastructure Issuance of Debt FIN16-32 Fire Communications Infrastructure Issuance of Debt Updated ARL - Fire Comm infrastructure debt - Nov 14, 2016 18 Council Meeting Minutes, November 14, 2016 - 8 - Resolution #14 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive Report FIN 16-32, Fire Communications Infrastructure Issuance of Debt; AND THAT Council receive the updated annual repayment limit calculation; AND THAT By-Law 4053, be brought forward for Council’s consideration. Carried 12.4 Operations 12.4.1 OPS 16-30 Broadway Pedestrian Crossing Pre-Consultation Summary OPS 16-30 Broadway Pedestrian Crossing Pre-Consultation Summary OPS 16-30 Attachment 1 - Agency Consultation Summary Resolution #15 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT Council receive Report OPS 16-30, Broadway Pedestrian Crossing Pre- Consultation Summary; AND THAT Council approve a pedestrian crossing be located at the south leg of Broadway and Glendale Drive intersection; AND THAT Paradigm Transportation Solutions Limited continue to be retained for this assignment; AND THAT the unfunded project cost of $50,000, be referred to the 2017 budget deliberations. Carried 12.4.2 OPS 16-31 Airport Comprehensive Review OPS 16-31 Airport Comprehensive Review Resolution #16 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive Report OPS 16-31, Airport Comprehensive Review; AND THAT Council refer the identified opportunities and infrastructure improvements outlined in report OPS 16-31 to the 2017 capital budget deliberations; 19 Council Meeting Minutes, November 14, 2016 - 9 - AND THAT Council refer report OPS 16-31 to the Airport Advisory Committee. Carried 12.4.3 OPS 16-32 Negotiated Results for RFP 2016-002 Fire Pumper Apparatus OPS 16-32 Negotiated Results for RFP 2016-002 Fire Pumper Apparatus Resolution #17 Moved By: Councillor Hayes Seconded By: Councillor Rosehart THAT Council receive Report OPS 16-32, Negotiated Results for RFP 2016-002 Fire Pumper Apparatus; AND THAT Council approve the post-tender negotiations and awards RFP 2016- 002 to Darch Fire Inc. of Ayr, Ontario at a cost of $498,279.03 (net HST included); AND THAT Council authorize the re-allocation of 2016 approved debt proceeds from the Connecting Link Resurfacing project in the amount of $62,500 to fund the remaining project cost. Carried 12.4.4 OPS 16-33 Small Communities Fund Contribution Agreement SCF-0686 OPS 16-33 Small Communities Fund Contribution Agreement SCF-0686 OPS 16-33 Attachment 1 - NBCF -SCF Agreement File Number SCF-0686 Resolution #18 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine THAT Council receive Report OPS 16-33, New Building Canada Fund - Small Communities Fund Contribution Agreement SCF-0686; AND THAT a By-law authorizing Mayor and Clerk to execute Agreement SCF- 0686 with the Province of Ontario, be brought forward for Council’s consideration; AND THAT the Town’s portion of $350,000 be funded by debenture and included in the 2017 budget. Carried 20 Council Meeting Minutes, November 14, 2016 - 10 - 12.4.5 OPS 16-34 Ontario Community Infrastructure Fund Top-Up Application OPS 16-34 Ontario Community Infrastructure Fund Top-Up Application OPS 16-34 Attachment 1 - OPS 16-06 Summary of Candidate Projects OPS 16-34 Attachment 2 - OCIF Top-Up Application Resolution #19 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT Council receive Report OPS 16-34, Ontario Community Infrastructure Fund Top-Up Application as information. Carried 12.5 Recreation, Culture & Park Services 12.5.1 RCP 16-35 – Rotary Clock Tower RCP 16-35 – Rotary Clock Tower Presentation by B. Clark, Rotary President Staff to ensure the clock tower bell is functional. Resolution #20 Moved By: Councillor Adam Seconded By: Deputy Mayor Beres THAT Council receive Report RCP 16-35, Rotary Clock Tower; AND THAT Council direct staff to negotiate an Agreement with the Club and bring the Agreement back to Council for approval. Carried 13. Committee Minutes & Reports 13.1. Minutes, Memorial Park Revitalization Sub-Committee Minutes, October 31, 2016 13.2. Minutes, Parks & Recreation Advisory Committee Minutes, October 18, 2016 13.3. Minutes, Physician Recruitment Committee 161005 Phys MIN 13.4. Minutes, Town Hall Steering Committee 161018 Town Hall MIN 21 Council Meeting Minutes, November 14, 2016 - 11 - 13.5. Minutes, Special Awards Committee 161005 SAC MIN Resolution #21 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the Minutes of the Memorial Park Revitalization Sub- Committee for October 31, 2016, the Parks & Recreation Advisory Committee for October 18, 2016, the Physician Recruitment Committee for October 5, 2016, the Town Hall Steering Committee for October 18, 2016 and the Special Awards Committee for October 5, 2016, as information. Carried 13.6. Minutes, LPRCA Minutes, October 5, 2016 Resolution #22 Moved By: Councillor Rosehart Seconded By: Councillor Hayes THAT Council receive the Minutes of the Long Point Region Conservation Authority for October 5, 2016, as information. Carried 14. Notice of Motions 15. By-Laws By-Laws from the Meeting of Monday, November 14, 2016 Resolution #23 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine 15.1. THAT By-Law 4052, To authorize an Agreement with the Ministry of Agriculture, Food & Rural Affairs (New Building Canada Fund - Small Communities Fund Agreement); AND THAT By-Law 4053, To Authorize the Issuance of Debt for Fire Communications Infrastructure, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 22 Council Meeting Minutes, November 14, 2016 - 12 - Resolution #24 Moved By: Councillor Stephenson Seconded By: Councillor Esseltine 15.2. THAT By-Law 4054, To confirm the proceedings of Council at its meeting held on the 14th day of November, 2016, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 16. Items of Public Interest The Overnight Parking Ban is now in effect between 2 a.m. to 6 a.m. until March 31, 2016 to allow for winter road maintenance. 17. Adjournment Resolution #25 Moved By: Councillor Esseltine Seconded By: Councillor Stephenson THAT the Council Meeting of Monday, November 14, 2016 be adjourned at 10:13 p.m. Carried 23 From:noreply@esolutionsgroup.ca To:Tricia Smith Subject:New Submission Completed for Delegation Request Form Date:September-27-16 2:09:04 PM Hello, Please note the following response to Delegation Request Form has been submitted at Tuesday September 27th 2016 2:8 PM with reference number 2016-09-27-016. First Name Miranda Last Name Fuller Street Address 21 Reeve St. Town/City Woodstock Postal Code N4S 7Y3 Phone Number 519-852-8609 E-mail mfuller@futureoxford.ca Website www.futureoxford.ca Do you or any members of your party require accessibility accommodations? No Council Meeting Date November 14, 2016 Subject of Delegation Update Council on Future Oxford 24 Name(s) of Delegates and Position(s) Miranda Fuller, Program Director Name of Group or Person(s) being represented (if applicable) Future Oxford I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation Update Council on Future Oxford's achievements from this past year, presenting the short and long term strategic plan going forward and personally inviting them to join us at Future Oxford’s Second Expo, happening in 2017. Will there be a Power Point presentation? Yes Have you been in contact with a Staff member regarding the Delegation topic? No I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept [This is an automated email notification -- please do not respond] 25 A YEAR AT A GLANCE 2015 –2016 October 26, 2016 26 OVERVIEW §2015/2016 recap §Website and communication §Looking ahead §Expo 2017 27 2016 RECAP §2016 Expo §Future Oxford and the community §Foundation building §Partnership growth §Data analysis §Breakdown of Community Sustainability Plan §Program development 28 WEBSITE REFRESH 29 WEBSITE REFRESH More information, more engagement … *no content has been added, all images are design concept 30 LOOKING AHEAD Future Oxford 2017-2018 31 DATA AND ANALYTICS §Identify Future Oxford CSP targets by January 2017 §Strategic development and community analysis: February 2017 •Work with Pillar Committees to influence partners to integrate Future Oxford CSP into their strategic plans •Create reporting structure for target development §Create online dashboard to showcase target development •Recommendation: Tablaou software •Interactive dashboard 32 REPORT TO COMMUNITY §Future Oxford first full report to the Community to be released at the 2017 Future Oxford Expo §High-level overview of 2016 and the long-term strategic plans for each target going forward §Detailed analysis of the 2015/2016 baseline 33 EDUCATION §Partner with all libraries to provide educational information that furthers the community dialogue on sustainability issues §Host workshops that focus on targets, goals and action items within the Future Oxford CSP §Working with Oxford County Libraries and Manager of Strategic Initiatives to offer education training and demonstration projects 34 COMMUNITY ENGAGEMENT §Public forums to begin conversation about furthering the scope of the Future Oxford CSP §Starting to look at new community needs §Hosting round table discussions and world cafes to gather public input 35 EXPO 2017 April 20, 2017 36 EXPO 2017 April 20, 2017 Oxford Auditorium, Woodstock www.futureoxford.ca/expo 37 EXPO 2017 §Showcase of all partners working within the Future Oxford CSP §Dynamic speakers who represent each pillar §Student competition that challenges students to pitch a program that will advance the work of the Future Oxford CSP §Release of Future Oxford Report to the Community 38 QUESTIONS 39 Council Delegation Request This Delegation Request form and any written submissions or background information for consideration by Council must be submitted to the Clerk's office by the following deadline: 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING DATE First Name Last Name Street Address Town/City Postal Code Phone Number E-mail Website: Do you or any members of your party require any accessibility accommodations? Yes No If yes, how can we assist? Should you require assistance completing this form, please contact: Deputy Clerk at 519-688-3009 Ext. 3221 or tsmith@tillsonburg.ca Please note that submission of this form does not guarantee the approval of your request for Delegation. The Clerk's office will confirm your Delegation by e-mail after receiving this form. COMPLETE PAGE TWO (2) OF THIS FORM 40 Delegation Information (Must be completed) Desired Council meeting date (Council regularly meets the 2nd and 4th Monday of each month): Subject of Delegation Names of Spokespersons (and positions) Name of Group or Person(s) being represented (if applicable) Brief Summary of Issue or Purpose of Delegation Will there be a Power Point presentation accompanying the Delegation Yes No Have you been in contact with a Staff member regarding the Delegation topic? Yes No If yes, please list the Staff member(s) you have been working with? I acknowledge Delegations are limited to fifteen (15) minutes each: I accept I acknowledge that all presentation material must be submitted by 4:30 pm the Friday before the meeting date: I accept 41 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for purpose of creating a records that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the Municipal Clerk, Town of Tillsonburg, 200 Broadway Street, 2nd Floor, Tillsonburg, ON, N4G 5A7, Telephone 519-688-3009 Ext. 3224. 42 Heritage, Beautiﬁcation and Cemetery Committee Beautiﬁcation Working Group Report to Tillsonburg Council November 2016 A Multi-Year Plan for Beautiﬁcation in the Town of Tillsonburg Background A delegation from the Tillsonburg Horticultural Society to the Heritage, Beautification and Cemetery Advisory Committee in 2015 expressed concern for beautification efforts in the downtown core. In the past few years the flowers were pretty much gone before Labour Day. Broadway wasn’t looking its best. The committee agreed that the appearance of the downtown area was of equal importance to not just the merchants and property owners in the area but to all local residents. The recommendation of the Heritage Beautification and Cemetery Committee coming from this discussion was to investigate and form a subcom- mittee that could make recommendations in this regard. A Beautification Working Group was formed with representation from key areas with vest- ed interests in the beautification of Tillsonburg including the Heritage, Beautification and Cemetery Committee, The Business Improvement Area Board (B.I.A.), The Tillsonburg Hor- ticultural Society, Tillsonburg Parks and Recreation, Tillsonburg Council and Tillsonburg Garden Gate. The committee’s initial discussions focussed on the premise that downtown beautification can: •generate interest and traffic •have wide ranging benefits for businesses, residents and visitors •reflect a town’s character •attract business investment, professionals and their families •improve a town’s reputation •add to home values, and •could lead to better behaviour. 43 Terms of Reference The mandate of the committee expanded to include town-wide beautification and Terms of Reference were approved as follows: •Develop strategies for the beautification of public spaces, commercial and residential neighbourhoods, and entrance gateways to the Town of Tillsonburg including landscap- ing and streetscaping. •Make recommendations to the Heritage, Beautification and Cemetery Committee for the overall vision of the above. •Develop and recommend a budget and implementation plan for the above. •Foster civic pride, environmental protection and beautification through community par- ticipation. •Organize and participate in new beautification and improvement projects such as but not limited to tree planting and spring clean-up. Developing Plans Fanshawe College entered the Tillsonburg beautification picture when they agreed to bring a class of students to visit the downtown area. Multiple groups of students presented plans for Broadway, the main street and amenity areas including the Oxford and Broadway Street parkette sometimes referred to as the Sears parkette (potential renaming opportuni- ty in exchange for funding for redevelopment), as well as the area of the Rotary Clock Tower. In addition, the chair of the working group put forward the McLaughlin-owned space opposite the Station Arts Centre for possible development as a park. Using their horticultural and landscape design skills and abilities the students developed concepts and put forward beautification plans for us to consider. Common themes in all of the presentations included trees - mature trees in the downtown area along with a recommendation to ensure the trees would receive adequate water to extend their lives using an underground substructure from companies such as SilvaCell or DeepRoot. We saw beautiful trees in all of the areas the students developed plans for - lots of trees, and lights. We became familiar with new terms such as parklette which in essence takes the space of a couple of parking spaces and turns them into a comfortable seating or resting area for warm weather months. 44 Their designs included plans for lighting and sound, splash pads and ice rinks. An entrance sign welcoming travellers to Broadway, paths, and even routes that would enable trucks to bypass the downtown core. To choose themes for their designs the students researched Tillsonburg's past and made suggestions for designs that would include our railway/train history and airport history. They incorporated oxen from the carts that could make a full-turn on our wide main street as well as the wheels from the wagons that they pulled. They talked about street art, bollards and rain gardens. They said that Tillsonburg remind- ed them of Orangeville and Collingwood and said there was potential for an amazing downtown here. Regretfully (or perhaps thankfully) their plans didn’t include cost estimates or engineered drawings. Left to our own devices the committee returned to focus on what we could real- istically (without a generous budget) do at the present time. Back to the Beginning - Let’s Beautify Broadway The establishment of the committee began with the need to beautify Broadway. In an ef- fort to do something significant in the 2016 growing season, a plan to place large plant- filled demonstration urns at intersections on Broadway materialized. By mid-June, with the amazing support and contributions of Matt Fenn owner of Tillsonburg Garden Gate, the four corners of Broadway and Ridout as well as Broadway and Brock streets featured these large urns filled with potato vine, petunias and canna lilies. These continued to bloom and grow through the summer and lasted well into the fall. Toward late October Matt removed them but through that entire time flattering comments about the urns as well as questions about the plants were fielded by participants in the project as well as downtown BIA mer- chants. The project’s impressive impact could certainly be considered a success with con- tinuous positive feedback from residents, business owners and visitors and very minor vandalism. A huge thank you to the Knights of Columbus whose financial support ($2000) made the project possible, to Tillsonburg Garden Gate for their donation ($1400) of urns and plants plus hours of consultative services, and to the Tillsonburg Horticultural Society for funding ($1500) some of the watering and maintenance while financially supporting the hanging baskets project of the B.I.A. The B.I.A. covered the very large expense ($5000) of watering and fertilizing for both the hanging baskets as well as the urns between mid June and Au- gust. The remaining six weeks of watering were, as mentioned, supported by the Knights of Columbus and the Tillsonburg Horticultural Society. 45 In 2013 40 hanging baskets were placed along Broadway, in 2014 there were 25 and again in 2015 there were 25. To create floral impact the optimum coverage should include 49 hanging baskets evenly spaced between London Street and Venison Street. The cost of the baskets along with the maintenance and watering throughout the growing season are costly. The hanging baskets beautification project has been headed up by the B.I.A. with financial support from the Tillsonburg Horticultural Society. It is the majority opinion of the committee going forward that the hanging baskets on Broadway lack the presence that can be gained with the large urns. This is in part due to the existing trees that block the view of the baskets and the placement of the baskets on utility poles which also support an assortment of parking and municipal signage. Hanging baskets can best make a strong impression when they are placed at regular intervals on evenly spaced lamp posts. Onward and Forward Throughout their deliberations in 2016 the Beautification Working Group continued to consider other beautification efforts for Tillsonburg in amenity areas as well as at gateways. These will be on the schedule for development as we move forward. Year One - 2017, Canada’s 150th In 2017 we will celebrate Canada’s 150th birthday. Plans for beautification in the down- town area will be coloured red and white including red and white banners, as well as red and white plants in hanging baskets and urns. We understand that the B.I.A. is putting forward a plan to fund the banners and hanging baskets through their budget. It is the feeling of the Beautification Working Group that the large urns have more pres- ence, make more of a statement for both pedestrians as well as drivers. A source or sources of funding to expand and continue this project will need to be identified. The cost of placing urns on every street corner from Bridge to London Streets can be viewed on Appendix A. The cost of the urns themselves without plantings is a one-time cost. With proper care the urns can last for eight to 10 years. There has also been consid- eration for grouping urns for more impact. Costs for medium-sized urns is also included on the Appendix A chart. It is estimated that the cost of contracting out watering for 22 large urns would total $7,200 for continued watering and maintenance for 18 weeks from mid- June through to mid-October. 46 A drawing illustrating the look of Broadway with banners, baskets and urns can be seen on Appendix B. The Tillsonburg Horticultural Society is considering a plan to launch a commercial beautifi- cation project for retailers and businesses in the downtown core in 2017. To decorate storefronts and businesses, urns planted with flowers in red and white will be available for purchase. The $75 cost includes a fully-planted urn, a watering can, fertilizer, and care in- structions. For information contact Christine Nagy 519-688-9582. Plans to beautify the gateway signs at north Broadway (near Stauffer Motors) and on Hwy. 3 (opposite Clearview Drive) could be managed by Parks and Facilities and these will also focus on red and white for Canada’s 150th. The Marketing and Development group are replacing the sign inserts with Tillsonburg’s new branded logo. In the longer term the base of these gateway signs which currently consists of worn-looking wood could be replaced with a stone or brick facing. A recommendation to consider placement of a gateway sign on Simcoe Street at the town’s east side will come forward as well. Currently plantings at the gateway signs consist of small evergreen shrubs with some perennials. The Beautification Working Group will put forward a recommendation for taller perennial plantings that move in the wind and bloom in mass plantings to attract attention. The Crime Stoppers sign near Stauffers is placed closer to the highway and is taller than the Tillsonburg sign so it takes attention away from the Tillsonburg sign. Perhaps Crime Stoppers would be amenable to moving their sign. The committee recommends that municipal properties including the Tillsonburg Fire Hall, the Customer Service Centre, the Works Department, Lake Lisgar Waterpark and the Community Centre should share common beautification elements to be readily identified as public buildings. In 2017 the focus could be Canada 150 red and white. In future years common themes and elements can be determined.  Year 2 (2018) Plans for revitalizing the Broadway and Oxford Street parkette will be the focus of Year Two in 2018. With a large bubbling rock that is often green at its centre, the parkette looks un- inviting and tired. Efforts to bring people into the parkette to relax, to lunch, or to enjoy the outdoors will be the impetus of the design. Large trees will shade the area. Discussions have included a gazebo, a larger fountain, or a meditation garden as a focus for the par- kette. The Heritage, Beautification and Cemetery Committee will prepare a request for funds in 2017 and/or 2018 that will support a design/build project to be undertaken for this space. 47 Also in year two the Beautification Working Group recommends moving outward from Broadway in the downtown core with flower-filled, medium-sized pots on side streets on Bridge, Washington Grand, Ridout, Brock and Oxford Streets from Bidwell to Harvey. When the committee presented to the Development Advisory Committee earlier this year a member of that committee suggested a program that would involve local landscapers in beautification efforts in the community. In exchange for their professional efforts in design- ing and planting and maintaining a public space the company would be appropriately rec- ognized for their contribution to local beautification efforts. Possible park areas that could be included in this project include Mineral Springs, Newman Park, Library Park, Simcoe Street Bridge, Coronation Park, Participark, and Trail Entrances, etc. As well, a program to involve local residents in an Adopt-A-Park program for beautification could be investigated. Smaller gardens in neighbourhood parks could be designed, plant- ed, and maintained by nearby, interested individuals or families. These parks could include Cadman, Glendale, Cranberry, Gyulveszi, Trottier, Southridge, Westmount, and Oak Parks, as well as greens spaces like the one at the corner of Maple Lane and Concession Street East. Signs reading “Planted and Nurtured by” with the name(s) of the participants will recognize these volunteer efforts. Year 3 (2019) Plans to revitalize the Rotary Clock Tower area will come forward in 2019. The committee recommends investigating the possibility of this amenity area be expanded using munici- pal property to the west. Doubling the depth from Broadway west would significantly in- crease the visibility and impact of the park with potential for relaxation and resting areas for adults and children. Again, larger trees for shade are important. Fanshawe student projects included an outdoor skating area recommendation. Currently there are historical photos of the area in glass cases in the clock tower space and this needs to be either sig- nificantly upgraded or rethought. Investments in Beautiﬁcation Current public beautification efforts in the Town of Tillsonburg are uncoordinated and lack impact. Although there are municipal dollars spent on beautification efforts these are diffi- cult to identify and not as effective as they could be because the efforts these dollars sup- port have little cohesion. It’s important to identify these dollars spent and analyze how they can best be directed. Evidence of strong beautification efforts can be seen in parts of the cemetery where perennial plants bloom throughout the season and landscape materi- 48 als, shrubs and trees are well placed. These efforts can be credited to Parks and Facilities as well as Cemetery staff. The Tillsonburg B.I.A. is responsible for beautification in the downtown area. Their budget for beautification in 2017 is expected to be directed to hanging baskets and banners. Much of the budget will be spent on watering which they currently contract out. With an annual membership exceeding 200, the Tillsonburg Horticultural Society coordi- nates beautification efforts in the community in a number of places. This includes volun- teer efforts in designing and planting, nourishing and maintaining. These beautification projects include Annandale National Historic Site, the Livingston Centre, the Royal Cana- dian Legion, the Senior Centre, the Station Arts Centre and Woodingford Lodge. The so- ciety spends approximately $4,500 on its beautification efforts each year. As well, local businesses and individuals donate plant material. Summary Recommendations There are beautification recommendations sprinkled throughout this report. This last sec- tion is an effort to draw them together and focus on recommendations that will help deliv- er improved results for dollars spent on beautification in Tillsonburg. •That the Tillsonburg Parks and Facilities Department head up beautification efforts in the Town of Tillsonburg including design, planting, watering and maintenance of gate- way gardens, gardens at municipal buildings, park entrances, and trail heads as well as maintenance and watering of street urns. The dollars currently used to contract beautifi- cation-related services could be directed instead toward internal beautification efforts. An increase in staff, particularly during the late spring, summer and early fall seasons will be required to support this change in direction. There are opportunities for enlisting co- op students or summer students through landscape design programs at community col- leges such as Fanshawe College, and Niagara Parks. Additional equipment required would include a water tank and a pump with the intent of adapting these for use on an existing town vehicle(s). •That the potential to raise dollars for beautification from service clubs and community groups be managed by the Tillsonburg Horticultural Society as it has non-profit status. Like the Knights of Columbus, perhaps other organizations or businesses would be will- ing to contribute to the beautification of Tillsonburg. •That the Town of Tillsonburg support town-wide beautification efforts through budgeted dollars and assigned staff, and through recognition programs for voluntary contributors 49 to beautification efforts including the Tillsonburg Horticultural Society, local landscape and garden companies, neighbourhood gardeners, etc. •That the Town of Tillsonburg revise its committee structure to allow for an independent Beautification Committee. The responsibilities of the Heritage, Beautification and Cemetery Committee are too broad to allow for careful consideration of all of its areas of responsibility. The Beautification Working Group is bringing this report to council at this time because as a subcommittee of the larger Heritage, Beautification and Cemetery Committee we have been notified by staff that our term is for a defined period of time and our objective of preparing a multi-year plan for beautification should be presented within that period. We are well aware that planning for beautification deserves ongoing efforts and that the sub- committee, as a committee in its own right, could continue the process indefinitely. In the interim, perhaps this group could reconvene, at council's request, as specific beautification projects move forward. Beautiﬁcation Working Group Members •Christine Nagy (Chair), Tillsonburg Horticultural Society •Wendy Cameron, B.I.A. •Paul DeCloet, Heritage, Beautification and Cemetery Committee •Penny Esseltine, Councillor •Matthew Fenn, Tillsonburg Garden Gate •John Kirkland, B.I.A. •Sue Saelens, Heritage, Beautification and Cemetery Committee •Staff Liaison: Corey Hill, Parks and Facilities 50 Appendix A (Projected Costs for Large Planter Urns - 2017 through 2020) Downtown Projected Costs for Street Urns: •Prices are subject to change given that 2017 (and beyond) costs have not be finalized by suppliers. •Applicable taxes will apply. •Maintenance and watering costs are extra. •No financial provisions have been made for lost or damaged planters and/or flowers. Item / Descrip- tion Quantity Unit Cost 2017 2018 On-Going Large Planter 36”22 $350.00 $7,700.00 Flowers Only 22 $70.00 $1,540.00 $1,540.00 Medium Planter 26”22 $215.00 $4,730.00 Flowers Only 22 $55.00 $1,210.00 SUB TOTAL $7,700.00 $6,270.00 $2,750.00 51 A Multi-Year Plan for Beautification in the Town of Tillsonburg Presented by the Beautification Working Group, a subcommittee of the Heritage, Beautification and Cemetery Committee November 2016 ∗Concern expressed by individuals plus presentation by Tillsonburg Horticultural Society ∗Need for coordinated beautification efforts identified ∗Beautification Working Group Subcommittee formed with representation from those with vested interests in beautification Background ∗Creates a more positive reflection on town’s character ∗Attracts business investment ∗Attracts visitors and residents ∗Generates interest and traffic in the downtown ∗Improves the town’s reputation ∗Adds to home and property values ∗Leads to better behaviour Beautification Benefits ∗Develop strategies for beautification of public spaces, commercial and residential neighbourhoods, and gateways ∗Recommend overall vision for beautification ∗Develop budget and implementation plan ∗Foster civic pride, environmental protection and beautification through community participation ∗Organize and participate in new beautification and improvement projects Terms of Reference ∗Project approved for Fanshawe College Landscape Design students in Tillsonburg ∗Developed concepts for beautification on Broadway, and in amenity areas like Broadway and Oxford, and Rotary Clock Tower areas ∗Incorporated a variety of themes relating to wide main street (oxen and wagon wheels), railway history, airport history Developing Plans ∗More than a dozen groups prepared presentations ∗Common elements in presentations included mature shade trees, street lamps and decorative lights, parklettes, splash pad, ice rink, street art, bollards and rain gardens ∗Incorporated use of Carolinian species of shade trees, shrubs and perennials Common Elements Student Designs ∗BIA has traditionally placed floral hanging baskets on utility poles ∗In 2013 there were 40 baskets, in 2016 – 25 ∗Baskets compete with existing trees as well as parking signs and municipal signs on poles ∗Baskets are sparsely spaced ∗Baskets lack impact and continuity Broadway Beautification ∗Eight 36” X 38” large plant-filled urns placed on corners at Broadway and Ridout, plus Broadway and Brock Streets ∗From mid-June to mid-October ∗Financial support from Tillsonburg Garden Gate, Knights of Columbus, BIA and Tillsonburg Horticultural Society ∗Costs include urns, flowers, maintenance, and watering with fertilizer (the highest cost) Street Urns Test Street Urns in June ∗Canada 150 red and white theme in plantings ∗22 red and white flowers in urns on Broadway from London to Bridge Streets ∗Commercial Beautification Program organized by Tillsonburg Horticultural Society ∗Gateway signs and municipal properties share red and white theme ∗New design and plan for amenity area at Oxford Street and Broadway Year One - 2017 Broadway for Canada 150 ∗Revitalize Broadway and Oxford amenity area based on plan approved in Year One ∗Continue Broadway Beautification replanting large urns ∗Add medium-sized 26” X 24” planted urns outward from Broadway, Bidwell to Harvey, between Oxford and Bridge ∗Involve local landscapers in beautification at local parkettes such as Mineral Springs ∗Launch an Adopt-A-Park beautification program with individuals and families in local neighbourhoods Year Two - 2018 Planted Urns Projected Costs Item / Description Quantity Unit Cost 2017 2018 On-Going Large Planter 36” With flowers 22 $350.00 $7,700.00 Flowers Only 22 $70.00 $1,540.00 $1,540.00 Medium Planter 26” With flowers 22 $215.00 $4,730.00 Flowers Only 22 $55.00 $1,210.00 TOTAL $7,700.00 $6,270.00 $2,750.00 ∗Continue downtown beautification with replantings in large urns on Broadway and medium-sized urns on side streets. ∗Revitalize the Rotary Clock Tower amenity space, making it larger through expansion into town-owned property to the west. Create a north-end downtown park to mirror the amenity space at the south end. Year Three – 2019 ∗BIA allocates dollars to downtown beautification from tax-based municipal funding ∗Horticultural Society allocates upwards of $4,500 annually to local beautification at a variety of sites ∗Municipal dollars spent on beautification is sometimes spent internally and sometimes used to contract out services. Total amount unidentified to date. Investing in Beautification That Tillsonburg Parks and Facilities head up beautification efforts in the Town of Tillsonburg including design, planting, watering and maintenance of gateway gardens, gardens at municipal buildings, park entrances and trail heads as well as maintenance and watering of street urns. The dollars currently used to contract out beautification efforts could be re-directed to appropriate staffing and equipment. Recommendation #1 ∗That the potential to raise dollars for beautification from service clubs and community groups be managed by the Tillsonburg Horticultural Society as it has non-profit status. Recommendation #2 That the Town of Tillsonburg support town-wide beautification efforts through budgeted dollars and assigned staff as well as through recognition programs for voluntary contributors to beautification efforts including the Tillsonburg Horticultural Society, local landscape and garden companies and neighbourhood gardeners. Recommendation #3 ∗That the Town of Tillsonburg revise its committee structure to allow for an independent Beautification Committee. The responsibilities of the Heritage, Beautification and Cemetery Committee are too broad to allow for careful consideration of all of its areas of responsibility. Recommendation #4 Questions? From:noreply@esolutionsgroup.ca To:Tricia Smith Subject:New Submission Completed for Delegation Request Form Date:November-07-16 4:26:04 PM Hello, Please note the following response to Delegation Request Form has been submitted at Monday November 7th 2016 4:25 PM with reference number 2016-11-07-036. First Name Les Last Name Anderson Street Address 137 Simcoe Street Town/City TILLSONBURG Postal Code N4G 2J3 Phone Number 519-983-4724 E-mail info@turtlefest.ca Website www.turtlefest.ca Do you or any members of your party require accessibility accommodations? No Council Meeting Date Monday, November 14, 2016 Subject of Delegation 2016 TurtleFest final report 53 Name(s) of Delegates and Position(s) Les Anderson - 2016 chair Virginia Armstrong - BIA representative Name of Group or Person(s) being represented (if applicable) Tillsonburg TurtleFest I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation To inform Tillsonburg Town Council of 2016 event. Will there be a Power Point presentation? Yes Have you been in contact with a Staff member regarding the Delegation topic? Yes If yes, please list the Staff member(s) you have been working with. Cephas Panschow, Rick Cox I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept [This is an automated email notification -- please do not respond] 54 FUNDING REQUEST 55 Outline Turtlefest 2016 Overview New in 2016 By the Numbers Partners & Volunteers Town of Tillsonburg Support Successes Turtlefest 2017 56 2016 Overview 6th year for the event New three-day format 4 different event venues Downtown Block Party Family Festival @ Fairgrounds Annandale NHS Station Art’s Centre Expanded events at the Fairgrounds Skate park competition Pickle Ball ATV Madness Two days of Inflatables Showcasing Tillsonburg’s people and places 57 New and Returning in 2016 New and exciting entertainment for children and the return of old favourites! The Fire Guy Pickleball Re/Max Balloon ATV Madness Canine Watersports Canada (Fairground Saturday and Sunday) Expanded Silent Auction 50/50 Draw The extension of the Downtown Block Party on Broadway from Baldwin Street to London Street. 58 By the Numbers More than 50 activities throughout the weekend. Over $90,000 in sponsorships from both private & businesses donations. Anticipating more sponsorships in 2017. Attendance: 8,500 - Block Party & Stage 5,000+ - Family Festival 800+ - Annandale NHS 600 - Outdoor movie Plus other venues Estimated $811,283 in economic spinoffs for the Town of Tillsonburg. 59 Community Partners 112 community partners Service Clubs Businesses Churches Individuals Organizations Charities 60 Volunteers 16 people on the Turtlefest Committee 120+ volunteers 61 Town of Tillsonburg Support Funding support Staff support Insurance Road closures Signage placement Maps Last minute emergencies!!! Event clean up for all three days. 62 Successes One entrance fee for Family Festival at Fairgrounds No crowd control issues Extensive community support Integration with Discover Tillsonburg and the Discover Tillsonburg Magazine. 63 64 65 66 From:noreply@esolutionsgroup.ca To:Tricia Smith Subject:New Submission Completed for Delegation Request Form Date:November-17-16 2:48:03 PM Hello, Please note the following response to Delegation Request Form has been submitted at Thursday November 17th 2016 2:47 PM with reference number 2016-11-17-033. First Name Rick Last Name Shirran Street Address 155 Broadway St Town/City Tillsonburg Postal Code N4G 4H3 Phone Number 519-842-3132 E-mail Rick_Shirran@can.salvationarmy.org Do you or any members of your party require accessibility accommodations? No Council Meeting Date November 28, 2016 Subject of Delegation The Salvation Army Community & Family Services Community Ministry for Tillsonburg and area Name(s) of Delegates and Position(s) 67 Major Rick Shirran - Executive Director of The Salvation Army Church & Community & Family Services Donna Acre - Community Ministries Coordinator Amanda Mueller - Community & Family Services Worker I acknowledge Delegations are limited to fifteen (15) minutes each. I accept Brief Summary of Issue or Purpose of Delegation To inform council regarding the work and ministry of The Salvation Army to the community and surrounding areas throughout the year and especially over the Christmas Season. Will there be a Power Point presentation? No Have you been in contact with a Staff member regarding the Delegation topic? No I acknowledge that all presentation material must be submitted to the Clerk's Office by 4:30 p.m. the Wednesday before the Council meeting date. I accept [This is an automated email notification -- please do not respond] 68 Report No: CASPO 2016-281 COMMUNITY AND STRATEGIC PLANNING Council Date: November 28, 2016 To: Mayor and Members of Tillsonburg Council From: Eric Gilbert, Senior Planner, Community and Strategic Planning Application for Zone Change ZN 7-15-07 – Rick & Marianne Klyn REPORT HIGHLIGHTS • The application for zone change proposes to rezone the subject property from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a ‘liquidation retail establishment” as an additional permitted use on the subject property. • Agency and public circulation did not raise any concerns. • Planning staff are recommending that the application given favourable consideration, as it is generally consistent with the policies of the Official Plan respecting non-conforming uses. DISCUSSION Background OWNER: Rick & Marianne Klyn RR#1, Norwich ON N0J 1P0 LOCATION: The subject property is legally described as Part Lot 1724 & Lot 1725, Plan 500, Town of Tillsonburg. The subject property is located on the southwest corner of Simcoe Street and Ontario Street. The lands are municipally known as 129 Simcoe Street, Tillsonburg. COUNTY OF OXFORD OFFICIAL PLAN: Schedule “T-1” Town of Tillsonburg Land Use Plan Service Commercial TOWN OF TILLSONBURG ZONING BY-LAW NO.3295: Existing Zoning: Service Commercial Zone (SC) Proposed Zoning: Special Service Commercial Zone (SC-xx) Page 1 of 6 69 Report No: CASPO 2016-281 COMMUNITY AND STRATEGIC PLANNING Council Date: November 28, 2016 PROPOSAL: The purpose of the Application for Zone Change is to permit a ‘liquidation retail outlet’ as an additional permitted use on the subject property. The subject property comprises an area of approximately 817 m2 (8, 794 ft2) and contains a single storey commercial building with an approximate gross floor area of 483 m2 (5200 ft2). The commercial space is currently vacant. Surrounding land uses to the west and north are service commercial uses, including a gas station and automobile service and sales establishment, land uses to the south and east are low density residential uses. Plate 1, Existing Zoning & Location Map, shows the location of the subject property and the existing zoning in the immediate vicinity. Plate 2, 2015 Air Photo with Existing Zoning, provides an aerial view of the subject property. Application Review PROVINCIAL POLICY STATEMENT: The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions “shall be consistent with” all policy statements issued under the Act. Section 1.1.3.1 of the PPS states that Settlement Areas will be the focus of growth and their vitality and regeneration shall be promoted. Section 1.3.1 of the PPS states that planning authorities shall promote economic development and competitiveness by: - providing an appropriate mix and range of employment to meet long-term needs; - providing opportunities for a diversified economic base, including the maintenance of a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses and take into account the needs of existing and future businesses; - planning for, protecting and preserving employment areas for current and future uses; and - ensuring the necessary infrastructure is provided to support current and projected needs. OFFICIAL PLAN: The subject lands are designated ‘Service Commercial’ according to the Land Use Plan for the Town of Tillsonburg, as contained in the Official Plan. Areas designated for Service Commercial use are intended to provide for a broad range of commercial uses that, for the most part, are not suited to locations within the Central Area because of their site area, access or exposure requirements or due to incompatibility or land use conflicts with residential development. Page 2 of 6 70 Report No: CASPO 2016-281 COMMUNITY AND STRATEGIC PLANNING Council Date: November 28, 2016 Generally, Service Commercial uses cater to vehicular traffic and single-purpose shopping trips where customers are typically generated from passing traffic or a wide ranging market area. Service Commercial uses will have access to an arterial or collector road. New uses permitted within the Service Commercial designation include video rental establishments, commercial recreational establishments, automotive service stations, gas bars, car wash facilities, retail sales of automotive supplies, automated teller machines or kiosks, tourist information outlets or kiosks, hotel, motels, automotive services, automotive dealerships, building supply outlets and hardware stores, nurseries and garden centres, animal hospitals and boarding kennels, assembly halls and private clubs, personal services, convenience commercial uses, retail food stores, recreation and entertainment uses, restaurants, uses which require large areas for on-site storage of goods or vehicles and other types of commercial uses that offer service to the travelling public, business and industry. The scale of uses within the Service Commercial designation will generally range from 3,500 ft2 (325 m2) to 50,000 ft2 (4,645 m2). Uses of less than 3,500 ft2 (325 m2) will be encouraged to locate in the Central Area, where appropriate. The vision of the Central Area as articulated in the Official Plan is for a multi-functional core, serving as the business, cultural and administrative centre of the Town with sub areas to increase the diversity of activities to increase the number of people living and working in the Central Area over the Downtown. It is intended that the retail function of the Central Area is to be promoted by continuing to permit a full range of uses in the commercial core, while limiting the type, size, and scale of retail uses which are permitted outside the commercial core through the Zoning By-Law. The Central Area will be the first priority location for shopping area facilities and other uses that serve the primary trade area. New commercial development should, where feasible, be located in the Central Area to complement the existing commercial Structure of the Central Area. New or expanding retail developments outside of the Central Area requiring a planning approval will be subject to planning and market impact studies in accordance with Section 8.3.3.1 which show to the satisfaction of the County and the Town of Tillsonburg, that the type and size of proposed facilities are warranted, that no suitable Central Area locations are available for such facilities, and that the planned function of Tillsonburg’s Central Area will not be significantly prejudiced or impacted. Chapter 10 of the Official Plan contains policies which recognize the importance of the Zoning By-law in implementing the Plan. It is the intent of the Official Plan that the long-term use of land conform with objectives and policies of the Plan and it is the intent that non-conforming uses will convert, relocate or redevelop over time so that the subject land may be used in conformity with the relevant policies of the Plan. Notwithstanding the foregoing, legally established uses or a use that is permitted by existing zoning which does not conform to the Official Plan may be recognized as a permitted use in the municipal Zoning By-law in some circumstances. Further, where a use is recognized by existing zoning, but does not conform with the Plan, Area Councils may permit minor expansion or minor change in use provided that: - Existing or proposed services, including water supply, sewage facilities, stormwater management and road access are adequate or will be made adequate to serve the proposed use; Page 3 of 6 71 Report No: CASPO 2016-281 COMMUNITY AND STRATEGIC PLANNING Council Date: November 28, 2016 - Parking and loading facilities are adequate or will be made adequate to serve the proposed development; - The proposal will be compatible with existing land uses in the vicinity in terms of noise, odour, emissions, vehicular traffic and visual intrusion and may be required to include measures that reduce nuisances, protect adjacent properties and improve compatibility of the use with the surrounding area. Proposals may be subject to site plan control to ensure land use compatibility; - Proposals shall comply with the policies of Section 3.2, Environmental Resource Policies. TOWN OF TILLSONBURG ZONING BY-LAW: The subject property is currently zoned ‘’Service Commercial Zone (SC)’, according to the Town of Tillsonburg Zoning By-law. Permitted uses within the ‘Service Commercial Zone (SC)’ include a wide variety of automobile- oriented service-commercial uses outlined in Section 14.1, including furniture and home appliance sales and service establishment. Retail store is defined as “a building or part of a building, in which goods, wares, merchandise, or articles are offered for sale, but do not include any establishment otherwise defined or classified herein”. A retail store, as defined above, is not a permitted use in the Service Commercial zone. AGENCY COMMENTS: The application was circulated to various public agencies considered to have an interest in the proposal. The Town Engineering Department, Town Building Services Department, Oxford County Public Works Department, and Tillsonburg Chamber of Commerce indicated that they had no concerns with the proposal. The Town’s Development Commissioner provided the following comments: In terms of the application, it is noted that there are approximately 18 commercial listings in the downtown core at this time. However, the only commercial properties that come close to this size are the 69 Broadway property, which currently is listed at 3,515 SF in size and the 97 Broadway property at 2,532 SF in size. Both of these properties are significantly smaller than the 5,200 SF of the 129 Simcoe St property although this calculation does not include any potential storage/usable space in the basements for the Broadway properties. There would appear to be a lack of loading docks/space for the 69 Broadway property although it appears that there is some opportunity for loading at the 87 Broadway property through Fox Alley. The 129 Simcoe St property has been vacant, more or less, for a number of years and has not been able to support a viable business operation for extended periods. This may be due to specific site characteristics, i.e. less than optimal parking/access or other market reasons. Page 4 of 6 72 Report No: CASPO 2016-281 COMMUNITY AND STRATEGIC PLANNING Council Date: November 28, 2016 As most liquidation/surplus type retail uses are located in suburban areas, and this is true for the Tillsonburg market as well, it would appear that this is a suitable use for the property. PUBLIC CONSULTATION: Notice of complete application and notice of public meeting regarding this application was circulated to surrounding property owners on two occasions, November 3, 2016 & November 14, 2016. At the time this report was written, no comments or concerns had been received from the public. Planning Analysis The application for zone change proposes to permit a ‘liquidation retail establishment’ on the subject lands on a site specific basis. The use is proposed to be established within a vacant storefront, approximately 483 m2 (5200 ft2) in size. It is understood that the property has been used for various liquidation retail and surplus goods stores for a significant time in the past, notwithstanding the zoning of the site. Planning staff note that the sale of furniture and household appliances are permitted in the Service Commercial zone and no relief is required to accommodate those uses, if the proposed business offered these items for sale. It is the diverse and ever-changing combination of goods offered for sale in a liquidation retail setting that requires zoning approval. The policy framework for employment areas in Tillsonburg as contained in the Official Plan is designed to ensure that the Central Area of the Town, encompassing the Central Business District and the Entrepreneurial District, remains as the most functionally diverse area of the Town and will serve as the primary business, cultural, and administrative centre within the Town. Supporting elements of the policy framework include Official Plan policies directing business, professional, retail and other uses to the Central Area first, and limiting the proliferation of these uses elsewhere in the Town. In this particular instance, Planning staff are of the opinion that the proposed rezoning will recognize the historical use of the lands as a liquidation retail outlet and surplus goods store. The lands are located in proximity to an arterial road and are not expected to negatively impact the traffic or surrounding land uses and no exterior alterations or additions are proposed to the existing building. Further, the proposed use is not expected to generate a significant increase in parking demand relative to the subject property’s historical use, and the limited parking provided onsite is similar to many other service commercial uses on Simcoe Street in the vicinity, which are located on small commercial lots. With respect to compatibility with surrounding lands uses, this Office is of the opinion that the expanded liquidation retail outlet is appropriate and will have no significant impacts beyond those that can reasonably be expected from many of the uses permitted in the SC Zone. No objections to the application for zone change were raised during the agency circulation. It is the opinion of this Office that the proposed zone change application is consistent with PPS and complies with the policies of the County Official Plan respecting non-conforming uses. In light of the foregoing, Planning staff are of the opinion that the applicant’s proposal to rezone the subject property to include a liquidation retail outlet as an additional permitted use on the Service Commercial lands could be given favourable consideration. Page 5 of 6 73 Report No: CASPO 2016-281 COMMUNITY AND STRATEGIC PLANNING Council Date: November 28, 2016 A zoning by-law amendment will be prepared and brought forward to the December 12th Council meeting. RECOMMENDATION 1. It is recommended that the Council of the Town of Tillsonburg approve in principle the zone change application submitted by Rick & Marianne Klyn, whereby the lands described as Part Lot 1724 & Lot 1725, Plan 500, Town of Tillsonburg, known municipally as 129 Simcoe Street are to be rezoned from ‘Service Commercial Zone (SC)’ to ‘Special Service Commercial Zone (SC-xx)’ to permit a “liquidation retail store”. SIGNATURES Authored by: Original signed by Eric Gilbert, MCIP RPP, Senior Planner Approved for submission: Original signed by Gordon K. Hough, RPP Director Page 6 of 6 74 75 76 77 78 November 1, 2016 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 770 Notes NAD_1983_UTM_Zone_17N 38 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 79 November 1, 2016 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable. This is not a plan of survey Legend 260 Notes NAD_1983_UTM_Zone_17N 13 Meters Parcel Lines Property Boundary Assessment Boundary Unit Road Municipal Boundary Environmental Protection/Flood Overlay Flood Fringe Floodway Environmental Protection (EP1) Environmental Protection (EP2) Zoning Floodlines/Regulation Limit 100 Year Flood Line 30 Metre Setback Conservation Authority Regulation Limit Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to 1:500) 80 Subject Property Looking South on Simcoe Street Site Photos ZN 7-16-07: Klyn Subject Property Looking West on Ontario Street 81 Subject Property Looking Northwest on Ontario Street Site Photos ZN 7-16-07: Klyn Subject Property Looking West on Ontario Street 82 Report Title Update - County of Oxford Report No. MYR 16-11 Author Mayor Molnar Meeting Type Council Meeting Council Date November 28, 2016 Attachments RECOMMENDATION: THAT Council receives report MYR 16-11 as information. EXECUTIVE SUMMARY The purpose of this report is to provide information regarding any reports and recommendations from local representation at Oxford County Council. CONSULTATION/COMMUNICATION As a result of the effort to expand access to knowledge and information for Town Council and local stakeholders, this report is intended to provide material on activities that transpire at Oxford County Council that may have an impact on the Town of Tillsonburg. Further, this type of report will further satisfy mandates as reinforced in the Community Strategic Plan to provide for a more accessible and open governance model. INFORMATION • On October 26, 2016, Report PW 2016-58 requested the adoption of Water and Wastewater Reserve transfers and direction to proceed with proposed future rates pending further review. Amending direction will provide the opportunity for all citizens and municipalities to make comment on the proposed rate structures in advance of any supplemental report on January 25, 2016. The Town of Tillsonburg, including Council, would be encouraged to participate in this opportunity for input. • County Council has had the first two of three scheduled meetings to review the 2017 Business Plans and Budget. The current variance from 2016 represents an initial draft increase of requirement from taxation of 4.48%. Additional deliberations will take place on November 30, with an anticipated presentation for adoption of the material at the December 14 meeting of County Council. The opportunity for public comment remains available, through the Speak-Up Oxford portal at www.oxfordcounty,ca, until December 8, 2016. The Mayor, CAO and members of Senior Management team have reviewed the County Business Plans to ensure local initiatives are aligned with our mutual priorities. Page 1 / 2 MYR 16-11 83 • Further to the draft budget as referenced above, this does include the final phase construction of North Street (CR20) and full build out of Potters Road (CR37) from Simcoe Street to Lorraine Ave. • Report PW 2016-64, introduced the option for an amended off-road Trans-Canada Trail design that was approved pending endorsement of Tillsonburg Council. This direction was ultimately ratified at the Town Council meeting of November 14, 2016 in Report RCP 16-37. • The issue of the opportunity of Shared Court Security costs (CS 2016-25) continues to be under deliberation. The material report from CAO Calder (CAO 16-11), as endorsed by municipal Council on September 26, remains an integral part of the discussion to highlight the concerns of Tillsonburg Council, and as shared by other municipalities in Oxford. It is now anticipated that this will return for further review on December 14, 2016 or during the 2017 Budget deliberations. FINANCIAL IMPACT/FUNDING SOURCE Whereas the material contained in this report is a summary of Oxford County information, there is no direct impact on the finances of the Town of Tillsonburg as would require approval by Municipal Council or direction from corporate staff. APPROVALS: Author: Mayor Molnar Date: 11/28/16 Page 2 / 2 CAO 84 Report Title Succession Planning Program Report No. CAO - HR 16-01 Author Ashley Andrews, Manager of Human Resources Meeting Type Council Meeting Council Date NOVEMBER 28, 2016 Attachments • Performance Appraisal Form • Town of Tillsonburg Talent Inventory Form • Talent Review Matrix RECOMMENDATION THAT Report CAO - HR 16-01 Succession Planning Program be received for information. EXECUTIVE SUMMARY This report contains an overview of the Town’s succession planning program from implementation to annual review of the program. BACKGROUND Based upon recommendation by Council, the Senior Leadership Team has put together a Succession Planning program to allow for the development of future leaders within the organization. Succession planning is a process for identifying and developing employees who have the potential to fill key leadership roles within the organization. The program increases the availability of experienced and capable employees that are prepared to assume these leadership positions as they become available. The program contains five cyclical steps to allow for a review of the organization as a whole, as well as employees individually. The final steps allow for training and development, and a review period. Step 1: Align Corporate Service Needs This step includes assessing whether or not service needs are being met; ensuring appropriate positions are in place to meet business requirements; and restructuring where necessary to ensure optimal levels of service are achieved. Page 1 / 3 CAO – HR 16.01 Succession Planning Program 85 Step 2: Define Leadership Competencies Leadership competencies are skills and behaviors that contribute to optimal performance. By using a competency-based approach to leadership, we can better identify and develop employees to include in the program to meet the needs of the organization. The competencies identified by senior leadership as those most important for leaders to possess include effective communication, the ability to problem solve, innovation, integrity, and accountability. These competencies are crucial for consideration when determining which employees to include in the program. Step 3: Determine Potential Candidates In this step, employees are selected by the Senior Leadership Team based on several factors, which include performance appraisals, talent inventories, observation by the Senior Leadership Team, employee motivation, interaction with peers, etc. The performance appraisal process for each employee takes place annually on the employee’s anniversary within their current position. The Performance Appraisal Form assists both the manager and employee in recognizing the employee’s key strengths and areas for development. It also helps to identify those employees whose goals or objectives may be to move into a leadership position at some point in their career with the Town. This information is then used for individual training and development needs, as well as targeting skilled employees to move into the succession planning program. This year, the Talent Inventory Form was introduced to employees. The form consists of several fillable fields that allowed employees to share their previous experience, education, skills, goals and objectives with their managers and directors. Employees were asked to voluntarily complete the form in order to assist with business continuity, which also allowed senior leadership to become aware of skills that an employee may have held in another position or organization that could be beneficial to the Town. The factors mentioned above were reviewed and compared with the defined leadership competencies allowing senior leadership to appropriately place employees on the Talent Review Matrix. The Talent Review Matrix assesses employees and identifies those with the highest level of performance and potential to move forward in the program. This is done by placing employees in one of the nine boxes within the matrix. Those employees identified as a Growth Employee, High Impact Performer, and Future Leader are then selected to move forward within the succession planning program. Senior leadership reviewed the list of potential candidates and as a group selected those best suited for the program. Step 4: Develop Leadership Training program Senior leadership identifies training and development activities to allow for the employees within the program to enhance their leadership potential and related experience. Page 2 / 3 CAO 86 These initiatives will include internal and external leadership training opportunities such as group workshops, off-site training, assisting with special projects, shadowing of management and senior leadership positions, etc. At present, senior leadership is in the development phase of this stage. Step 5: Evaluate, Monitor & Engage Continual evaluation, monitoring and engaging of both the selected employees and the program will ensure the training and development opportunities are tailored to the employee’s growth potential, as well as the requirements of the Corporation. It is important that we plan for the Corporation’s future by ensuring that we have employees who are prepared to assume a leadership position at any time; whether this is a supervisor, manager, director or CAO role. FINANCIAL IMPACT/FUNDING SOURCE Funding for training and development of employees within the program will be included in the 2017 budget. COMMUNITY STRATEGIC PLAN (CSP) IMPACT N/A Page 3 / 3 CAO 87 Performance Evaluation Form - Manager Performance Management and an employee Personal Development Plan is an important shared responsibility between you and your employee. The continued success of the Town of Tillsonburg (the “Town”) depends on our staff. You will notice that the form is divided into the following six areas:  Section A – Major Contributions and Accomplishments  Section B – Performance Assessment  Section C – Overall Comments  Section D - Summary  Section E – Personal Development Plan / Coaching and Development Needs  Section F – Employee Comments In keeping with the above noted philosophy, the performance evaluation process begins with you asking the employee to think about their major contributions and accomplishments in the review period as well as assessing their performance and setting their own goals and objectives. Please provide the employee form package to the employee and allow them one (1) week to complete their assessment. Sections A, B, and C will then be completed by you, as their manager. You will rely on different pieces of information from various sources that you have amassed over the course of the review period. This information will include but is not limited to the job description, the employee’s self- assessment, any feedback from other managers, and any information from the Town’s customers. Once these sections have been completed, you will book a one-on-one meeting to review and discuss this with the employee, as well as to jointly create your Personal Development Plan and the associated goals for Section D. After the review meeting, the employee will be given the completed review, and they will have (10) days to complete Section E. Once completed, the employee is required to return the review, with their comments and signature to you, and if necessary, you may be required to conduct a follow-up meeting based on the employee’s comments. Please forward the entire review package, both manager and employee pieces, to your Director for review and sign off. Once that has been completed, the original review will be stored in your personnel file within the Human Resources Department, as such, if you would like a copy for your records we suggest that you take a photocopy prior to returning the forms to your manager. Please note that in order to populate the check boxes with an “x”, you must double click the box. A pop up screen will appear and under the default value you must choose the “Checked” option and click and OK. We look forward to a successful review process! 88 Page 2 of 10 Performance Evaluation Form Employee Name: Anniversary Date: Position: Current Grade and Step: Years Completed in Current Position: Performance Period From: To: Type of Review: Probationary Period Anniversary Date Follow up to Anniversary Date Assessment 89 Page 3 of 10 Section A – Major Contributions and Accomplishments List the major contributions and accomplishments achieved by the employee during the review period. Include details, dates, and any additional information. 90 Page 4 of 10 Section B – Performance Assessment List the major areas of responsibility below. Select one of the three options below with regard to each area of responsibility. Please add comments where applicable. Areas of Responsibility Employee Performance Comments Exceeds Expectations Meets Expectations Below Expectations Exceeds Expectations Meets Expectations Below Expectations Exceeds Expectations Meets Expectations Below Expectations DEPENDABILITY Meets commitments, works independently, accepts accountability/responsibility, handles change appropriately, stays focused under pressure and meets attendance requirements Exceeds Expectations Meets Expectations Below Expectations PRODUCTIVITY Ability to complete tasks successfully and efficiently, manages expected work load, takes on additional responsibilities as needed, handles information flow Exceeds Expectations Meets Expectations Below Expectations 91 Page 5 of 10 Section B – Performance Assessment Select one of the three options below with regard to each area of responsibility. Please add comments where applicable. Area of Responsibility Employee Performance Comments QUALITY Is attentive to detail and accuracy, actively supports quality standards, makes continuous improvements, takes responsibility for and acts on quality related problems Exceeds Expectations Meets Expectations Below Expectations PROBLEM SOLVING AND DECISION MAKING Ability to find timely solutions to problems, making appropriate decisions to effectively solve problems. Exceeds Expectations Meets Expectations Below Expectations ORGANIZATION AND PLANNNING Organizing the job, planning ahead, making efficient use of time and establishing appropriate and effective follow-up procedures. Exceeds Expectations Meets Expectations Below Expectations COMMUNICATION Expression in oral and written communication, organization of communication, appropriate use of language. Exceeds Expectations Meets Expectations Below Expectations TEAM WORK Getting along with others, understanding of others, awareness and consideration of others’ viewpoints, offering of assistance, works effectively with other departments, develops positive working relationships Exceeds Expectations Meets Expectations Below Expectations DEVELOPMENT OF EMPLOYEES (to be completed for supervisory positions only) Effectiveness in training, giving instructions, coaching, counseling and appraising performance. Exceeds Expectations Meets Expectations Below Expectations 92 Page 6 of 10 Section C – Manager Overall Comments Taking into account the employee’s contributions, accomplishments and performance feedback during the review period, please comment on the employee’s overall performance. 93 Page 7 of 10 Summary To be completed by the immediate manager: Has the employee maintained the required licenses for the position? Yes No Please check one of the following categories to denote the employee’s overall performance: Exceeds Expectations Meets Expectations Below Expectations  This category is used when the employee regularly exceeds expectations plus:  Consistently demonstrates excellence throughout all work related tasks  Accomplishments have significant impact on goals  Actively mentors others  Work is innovative and exceptional  Continuously increases the quality and/or quantity of contribution  Is a “go to” person  This category is used when the employee meets all job standards  Their output is consistent with expectations on most tasks and work is completed with a minimum amount of error  The employee fulfills responsibilities and follows instruction with minimal supervision but may require assistance on non-routine assignment  Employees who are new to the position  Employees who handle assignments with little direction or follow up  The employee is consistently dependable in accomplishing job assignments as required position may require additional  For employees whose performance is frequently below expectations:  Inconsistent demonstration of essential responsibilities of the job  Needs to demonstrate growth and improvement in order to meet expectations Progression on the salary grid is subject to a satisfactory performance review – based on the above performance review, is this employee eligible to move to the next step in the salary grid? Yes No If yes, does this movement in the salary grid result in a salary increase? Yes No If no, please provide an explanation: _____________________________________________________________________________________ Manager: Date: ___________________ 94 Page 8 of 10 Section D – Personal Development Plan To be completed jointly by the manager and employee, please identify your goals and objectives for the next twelve (12) months. Please ensure the objectives are “SMART” (Specific, Measurable, Attainable, Relevant, Timely). Goals and Objectives Development activities to support objectives Completion Quarter Coaching and Development Needs 95 Page 9 of 10 Section E - Employee Comments Were you provided with an opportunity to review this performance review with your immediate manager? Yes □ No □ Please feel free to include any comments pertaining to this review in this section. Employee Signature: ______________________________ Date: ___________________ 96 Page 10 of 10 Signatures This Appraisal has been reviewed and approved by: Manager: Date: ___________________ Director: Date: ___________________ HR Manager : Date: ___________________ (HR signature indicates assessment completed) 97 Town of Tillsonburg Talent Inventory Name: Current Position: Career Development Career History: Provide a brief overview of your career history including any and all positions held within the Town of Tillsonburg and as well as relevant positions with previous employers. Educational Background & Professional Certification: List your credentials/education including any additional certifications that are relevant. Key Strengths: Considering past experience, reviews, training, and jobs tasks, list your key strengths. Areas for Development: Considering past experience, reviews, training, and jobs tasks, list any areas where you feel you could benefit from further development. Career Goals: Identify your career goals within the Town of Tillsonburg. Be as specific as you can be. For example, if you aspire to be specifically the Director of Operations; or perhaps more general such as a director/manager/supervisor in any department; or to excel within your current position. This is your opportunity to identify your goals. 98 99 Talent Review Matrix ENGIMA High potential to advance. Requires coaching. May not be suited to position and/or current manager. GROWTH EMPLOYEE Strong leadership competencies. Has ability to increase technical skills. Provide additional challenges and recognition. FUTURE LEADER Highest potential for senior succession. Top talent. Provide opportunity for leadership development and promotion. ASSESS Performance may be inconsistent. Need to consider time in role as this is possible issue for new employee. Requires development and coaching. CORE EMPLOYEE Solid understanding of key positions responsiblities. Ability to increase potential over time. Requires motivation and engagement. HIGH IMPACT PERFORMER Strong technical skills. Has ability to increase technical skills. Provide addtiional oppportunities and recognition. UNDER PERFORMER Has reached job potential, and is under performing. Consider performance development plan or exit strategy. EFFECTIVE Highly valued member of the team. Solid technical skills. Has reached career potential. Requires engagement. TRUSTED PROFESSIONAL Specialized or expert talent. Has reached career potential/goal. Provide mentorship opportunities. P O T E N T I A L P E R F O R M A N C E 100 Report Title Town Hall Project Steering Committee – Request for Prequalification (RFPQ) Document Report No. CAO16-14 Author David Calder on behalf of the Town Hall Project Steering Committee Meeting Type Council Meeting Council Date November 28, 2016 Attachments • REQUEST FOR PREQUALIFICATION - RFPQ 16-001 DESIGN, BUILD, FINANCE, OWNERSHIP AND OPERATON OF TILLSONBURG MULTI USE TOWN HALL RECOMMENDATION THAT Council receive report CAO 16-14 Town Hall Project Steering Committee – Request for Prequalification (RFPQ) Document; AND THAT Council approve the form and release of the Town Hall RFPQ as attached to report CAO 16-14; AND THAT Council approve the Town Hall Project Steering Committee’s continued work as the evaluation committee to review the RFPQ submissions. EXECUTIVE SUMMARY The purpose of the Town Hall Project Steering Committee is to provide input, feedback, advice and recommendations to Council on the business and financial decisions for the location and construction/renovation of a building for the purpose of a Tillsonburg Town Hall. The primary function of the Town Hall Project Steering Committee is to take responsibility for establishing a business case and the achievement of outcomes of the Tillsonburg Town Hall Project as identified in the Terms of Reference. The first step in the Committee’s work was to define space needs for a standalone Town Hall taking into account the need for public space, joint space, Council Chambers, meeting rooms and Town administration offices. The Town Hall Project Steering Committee reported to Council on May 9, 2016 regarding the results of the Space Needs Study. On June 27, 2016, the Committee advised Council that a Public Notice was being released in the form of an Expression of Interest document to seek development interest in a Town Hall development opportunities. As a follow up to the receipt of a number of Expressions of Interest, the Committee on August 19, 2016 sought additional information by way of a survey to those that submitted Expressions of Interest. Page 1 / 3 CAO 16-14 101 CONSULTATION/COMMUNICATION The Committee has met a number of times over the last number of months to review the results of the information submitted through the Public Notice (Expression of Interest) seeking interest in possible Town Hall development opportunities. In addition, the Committee has been discussing next steps in order to advance the process of an open and transparent procurement process which would include such steps as the above noted Expression of Interest (EOI), Request for Prequalification (RFPQ), Request for Proposals (RFP) and future development documents such as tenders and legal documents. The Committee has decided that prior to preparing and releasing a Request for Proposal Document (RFP), which would contain defined specifications and development details, it would be prudent to determine which interested parties (those that responded through the Expression of Interest and the broader development community) would have the capability, expertise and resources to execute a Town Hall development. As a result, the Committee reviewed a number of Request for Prequalifications (RFPQ) sample documents to determine what form of RFPQ would be appropriate in order to assist in prequalifying interested parties. At its meeting of November 24, 2016, the Town Hall Project Steering Committee passed the following recommendation: ”Resolved that the Town Hall Project Committee recommend that Municipal Council adopt the terms and conditions as contained in the amended RFPQ with a closing date of February 17, 2017.” In recognition of the expertise of the membership of the Town Hall Project Steering Committee, staff is further recommending that the Committee continue its work in evaluating the RFPQ submissions. A copy of the RFPQ document is attached for Council’s information and review. In addition, Mr. Marty Klein, Chair of the Town Hall Project Steering Committee will be in attendance to present and support the recommendation of the Committee. COMMUNITY STRATEGIC PLAN IMPACT Excellence in Local Government through the development of a standalone Town Hall as the seat of government for the municipality of the Town of Tillsonburg. Ensure the implementation of an appropriate communication strategy to inform the community and obtain input from the community as the project moves forward. FINANCIAL IMPACT/FUNDING SOURCE The Town Hall Project Steering Committee will continue to require some Town funding for meeting expenses which can be accommodate within the current budget. Any other funding Page 2 / 3 CAO 102 requests would come to Council for approval prior to any resources being allocated. This could include the need for cost consultants, architectural services, realty services and legal services. As well, depending on the results of any RFPQ and RFP there may be a need for a funding plan, including a budget and sources of funding. Page 3 / 3 CAO 103 DESIGN, BUILD, FINANCE, OWNERSHIP AND OPERATION OF THE TOWN OF TILLSONBURG MULTI USE TOWN HALL Stage 1 – Request for Pre-Qualification (RFPQ) 16-001 Submission Deadline DATE: Friday, February 17, 2017 TIME: 3 PM local time LOCATION: Town of Tillsonburg Corporate Office 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 LATE SUBMISSIONS WILL NOT BE ACCEPTED. 1 TOWN OF TILLSONBURG RFPQ 16-001 104 1. INTRODUCTION The Corporation of the Town of Tillsonburg (hereinafter referred to as the “Town”) is seeking qualification submissions from individuals, organizations, or consortia (hereinafter referred to as the “Respondent”) for the Design, Build, Finance, Ownership and Operation of multi-use Town Hall building in the Town of Tillsonburg. The Town Hall Project Steering Committee had previously released a Request for Expression of Interest on June 27, 2016 with the intent of seeking preliminary information from parties (public or private agencies, social agencies, educational institutions, multi-unit residential providers, retailers, local developers etc) interested in participating in a shared development (“Project”). This was followed by an invitation to submit additional information via a survey on August 19, 2016. Based on the information received plus the requirement to follow municipal Purchasing Policy guidelines, the process management will now shift to the Corporation of the Town of Tillsonburg (“the Town”). In that regard, the Town is now soliciting qualification submissions from potential partners as the first step in this process. The intended outcome of this stage is to detemine a list of qualified Respondents based on the Mandatory Requirements for the Project.. In order to meet this objective, a three (3) stage process has been developed: Stage 1: Request for Pre-Qualification (RFPQ) Stage 2: Request for Proposal (RFP) – All qualifying Respondents invited to respond Stage 3: Negotiations or Final Agreement – with one or more short-listed Respondent(s) In the second stage, the short-listed Respondents will be invited to respond to a detailed RFP. The RFP document will describe in full the Town’s requirements and performance expectations for the agreement with a private sector partner(s). The Town will evaluate the detailed proposals received from the qualified Respondents and determine whether the Town’s objectives can be met, and if so, move forward to negotiating the necessary agreement(s) with the preferred Respondent(s). The Negotiation and Agreement Stage is the third and last stage of the process. The specific details of any agreement between the Town and one or more preferred Respondents may be finalized at that time. Negotiations with more than one Respondent may take place concurrently. 2 TOWN OF TILLSONBURG RFPQ 16-001 105 2. The Corporation of the Town of Tillsonburg Future Municipal Offices 2.1 Project Vision and Objectives As a result of a space needs study completed in 2016, the Town of Tillsonburg is looking to replace and amalgamate its existing municipal offices. The program area required for a new Town Hall is approximately 25,000 square feet. For more information, please review the Space Needs Study attached as Schedule A. The future Town Hall is envisioned to meet the following objectives: • Located within the Downtown core of the Town; • Multi-use for various town departments/functions; • Community “hub” serving as a focal point for community events and gatherings; and, • Outdoor public space. In addition to this, the Town has received (through the Request for Expression of Interest process) interest from parties who would like to explore the possibility of co- locating with the Town in the Project. This interest, while not binding, consists of potential office and residential tenants as detailed in Section 2.2. The Town will contemplate a 20 year lease agreement with the successful partner, with an additional option for a 10-year renewal at the end of the original lease agreement period. The Town will also consider a lease to own option. Respondents will also be asked to include an Option to Purchase with potential terms in the Request for Proposal stage of the process. It is intended that the agreement with the successful proponent will be structured as a management contract in addition to a lease agreement with remuneration based on a management fee variable to the quality and quantity of services rendered. 3 TOWN OF TILLSONBURG RFPQ 16-001 106 2.2 Project Components The Town has identified the following project components for the Future Town Hall: Component Expected Development Other Possible Developments Town Hall Municipal offices as detailed in the Space Needs Study (Schedule A) Offices Other agencies Offices Third party or speculative space available for lease Residential Apartments Commercial Small café type space Outdoor public space To be determined 2.3 Schedule Key Milestone Dates Stage 1 – Request for Pre-Qualification RFPQ Release Date December 1, 2016 Inquiries and Questions due by January 23, 2017 Responses provided by addendum February 6, 2017 RFPQ Submission Due Date February 17, 2017 Committee Review and Recommendation to Council Approval by Council – Announcement of Qualified Respondents and Council approval to proceed to RFP stage March 31, 2017 Stage 2 – Request for Proposals RFP Release Date TBD – Q2 2017 RFP Submission due date Stage 3 – Negotiation and Final Agreement Report to Steering Committee TBD – Q3 to Q4 2017 Announcement of preferred proponent(s) Public Town Hall Meeting Approval in principle by Council Negotiations Final Agreement 4 TOWN OF TILLSONBURG RFPQ 16-001 107 The above are tentative dates only and may be changed by the Corporation of the Town of Tillsonburg in their sole and absolute discretion. 2.4 Administrative Authority Clarification It shall be the Respondent’s responsibility to clarify any points in question with the Purchasing Agent for the Town of Tillsonburg prior to submitting the proposal. Verbal clarification shall not be interpreted to change the intent or contents of the pre- qualification document. The Town retains the right to decline to answer a given enquiry. No employee or agent of the Town is authorized to amend or waive the requirements of the pre-qualification document in any way unless the amendment or waiver is signed by the Purchasing Coordinator. Under no circumstances shall the Respondent rely upon any information or instructions from the Town, its employees, or its agents unless the information or instructions are provided in writing in the form of an Addenda issued by the Purchasing Coordinator. 2.5 Inquiries All inquiries and/or questions concerning this RFPQ, including specifications, process and results are to be directed to: Laurie Kirwin Purchasing Coordinator Town of Tillsonburg (519)688-3009, x2258 200 Broadway, Suite 204 Tillsonburg, ON N4G 5A7 lkirwin@tillsonburg.ca in writing by email no later than the date specified in Section 2.3. An addendum containing responses to the questions raised will be provided to registered parties as per the schedule in Section 2.3. 5 TOWN OF TILLSONBURG RFPQ 16-001 108 3.0 RFPQ SUBMISSION REQUIREMENTS Respondents are requested to provide brief Submissions in a professional format (not exceeding 20 pages not including the financial statements and the Optional Requirements). Submissions should have a table of contents and address the Mandatory requirements in the order that they appear in the RFQ. At this stage, the Town does not require the Respondent to provide specific offers nor full financial details with respect to its interests in providing the Project for the Town of Tillsonburg. Respondents should respond to this RFPQ assuming that they will design, construct, finance, own, maintain and operate the future Town Hall and related works. 3.1 Mandatory Requirements For a Respondent to be considered for short-listing, the following Mandatory Requirements must be met. Submissions not fully complying with any of the Mandatory Requirements will be deemed non-responsive and may be removed from further consideration by the Town. a. Respondent Overview Respondents must provide the following information: • The name of the Respondent. IF the Respondent is a consortium, partnership, or joint venture, the names of all parties having any equity interest (“Respondent Team Member”) in it. • Name of the legal entity and contact person representing the Respondent for the project (e.g. to acknowledge receipt of a Submission and to forward requests for clarification) • The correct legal names, addresses, business telephone numbers, email addresses of all key members of the Respondent’s team. • A description of each Proponent Team Member • Identify the roles and responsibilities of each Proponent Team Member b. Design Experience and Qualifications of the Respondent Proposals should demonstrate the Respondent’s clear record of success in the area of design expertise required for this Project and a record of success on up to three projects of similar nature, size, scope and complexity. 6 TOWN OF TILLSONBURG RFPQ 16-001 109 For each project, detail the following: • The name of the project; • Scheduled and actual completion date; • The Proponent Team Members involved and their respective roles; • Relevance to the Town of Tillsonburg Project; • Original budget, final cost, and claims settled and outstanding; • Environmental management; • Contract type (e.g. traditional procurement, Design/Build & Own, Design/Build, Finance & Own, etc.); • Key Learnings; and • A reference which the Town can contact. c. Construction Experience and Qualifications of the Respondent Proposals should demonstrate the Respondent’s clear record of success in the area of construction expertise required for this Project and a record of success on up to three projects. For each project, detail the following: • The name of the project; • Scheduled and actual completion date; • Relevance to the Town of Tillsonburg project; • Original budget, final cost, and claims settled and outstanding; • Environmental management; • Contract type (e.g. traditional procurement, Design/Build & Own, Design/Build, Finance & Own, etc.); • Key Learnings; and • A reference which the Town may contact d. Operations and Maintenance Experience and Qualifications of the Respondent Proposals should demonstrate the Respondent’s clear record of success in the area of operations/maintenance expertise required for this Project and a record of success on up to three projects. For each project, detail the following: • The name of the project; • Scheduled and actual completion date; 7 TOWN OF TILLSONBURG RFPQ 16-001 110 • Relevance to the Town of Tillsonburg project; • Original budget, final cost, and claims settled and outstanding; • Environmental management; • Contract type (e.g. traditional procurement, Design/Build & Own, Design/Build, Finance & Own, etc.); • Key Learnings; and • A reference which the Town may contact e. Financial Capacity The Respondent should have sufficient financial capacity and resources to deliver under the proposed partnership arrangement. In this respect, and in order to assess and confirm the financial viability and capability of the Respondent to undertake this Project, the Respondent is requested to provide the following information: • Details of the financial structure of the Respondent. If the Respondent is a consortium, partnership or joint venture provide the name of all Proponent Team Members and the percentage of interest to be held by each member. • Audited financial statements for the Respondent and any partnering company for the most recent fiscal year and previous year. If the Respondent and any partnering company does not have audited financial statements, the Respondent and any partnering company is to provide unaudited financial statements including as a minimum an income statement, a balance sheet and any notes to the statements. • Letter of commitment(s) from a financial institution or funder that the Proponent Team Member(s) is/are financially capable of undertaking the partnership. • Confirmation of the relevant Proponent Team Member’s available equity and working capital for this Project. • Please stamp all financial documentation “CONFIDENTIAL” f. Letter of Credit or Agreement to Bond The Respondent must provide: • Confirmation from a Canadian financial institution that it will provide an Irrevocable Letter of Credit, in favor of the Town for this project, in the amount of $1,000,000. 8 TOWN OF TILLSONBURG RFPQ 16-001 111 • Or, or confirmation from a licenses Canadian bonding company that the Respondent is able to provide an “Agreement to Bond” in the minimum amount of $1,000,000. (Note that neither the Letter of Credit nor the Agreement to Bond is required at this time. Rather, only confirmation that one can be provided when requested.) g. Insurance The Respondent must provide written evidence that they are covered by (or will be covered by) an insurance provider who may be called upon to provide the necessary insurance coverage, satisfactory to the Town of Tillsonburg, if they are short-listed and invited to respond to the RFP. For the purposes of meeting this requirement at the RFPQ stage, the Respondent shall provide written evidence from their broker or insurance company in the form of a broker/company letter that they have, or have the ability to obtain a minimum of $5,000,000 Commercial General Liability insurance coverage. Additional insurance coverage may be requiredat the Request for Proposal Stage. A template for these items will be will be provided at the time of the Request for Proposal along with a mandatory hold harmless agreement and indemnification clause. h. Site Location The pre-qualification process for the Project includes consideration of development sites and Respondents may identify sites that they own, sites that are owned by the Town, or sites that are owned by a third party. i. Development Plan The Respondent is to provide a brief overview of the proposed Project, including: • Preliminary high level description of the development concept being proposed; • General financing plan for the Project; • Any specific challenges that may exist, etc. 9 TOWN OF TILLSONBURG RFPQ 16-001 112 3.3 Right to Accept or Reject The Town reserves the right to reject any or all pre-qualification submissions and to waive formalities as the interests of the Town may require without stating reasons therefore acceptable pre-qualification of a Respondent will be contingent upon an acceptable record of ability, financial wellbeing, experience, performance references, etc. This invitation should not be construed as a contract to purchase goods for services. 3.4 Optional Requirements The Town is interested in receiving feedback on its objectives for this Project. Respondents should note that such feedback is an optional requirement that will not be scored, but are encouraged to provide this information so that the Town may develop an RFP consistent with the market appetite. • Ideally, the Town would prefer to have the future Town Hall available for occupancy by January 1, 2019. Do you believe this timeline is realistic and if not what is your suggested timeline? • Do you foresee any other potential tenants that could be co-located in a multi-use facility as part of the Project? • What role, if any, do you see the Town playing in the successful delivery of this project? • Are there any comments you wish to provide in relation to this project? 10 TOWN OF TILLSONBURG RFPQ 16-001 113 4.0 Rules of Procedure 4.1 Qualification of Proposals All submissions will be rated as to whether or not they meet the requirements of the Project as outlined below. REQUIREMENTS No. Item M1 (a) Respondent Overview M2 (b) Design experience and qualifications of the Respondent M3 (c) Construction experience and qualifications of the Respondent M4 (d) Operations and Maintenance experience and qualifications of the Respondent M5 (e) Financial Capacity M6 (f) Letter of Credit or Agreement to Bond M7 (g) Insurance M8 (h) Site Location M8 (i) Development Plan NOTE: Failure to fully provide the requirements does not necessarily exclude a Respondent from future consideration. 4.2 Evaluation Committee Submissions will be qualified by staff and presented to the Town Hall Project Committee and Town Council with assistance, as needed, by external consultants. . The Town reserves the right to request written clarifications from one or more of the Respondents or to request the Respondent to attend a clarification meeting with the Town Hall Project Committee. 4.3 Basis of Selection This RFPQ is the first stage of a three-stage partnering process. This stage involves qualifying Respondents with all qualified respondents being able to submit a proposal as part of the RFP process. 11 TOWN OF TILLSONBURG RFPQ 16-001 114 4.4 Submission of Response to RFPQ Respondents must provide Five (5) copies of their Pre-qualification submissions in a sealed envelope (label attached) clearly indicating the name of the firm, name of the project and the pre-qualification number (RFPQ 16-001) to the Office of the Purchasing Coordinatorat 200 Broadway, 2nd Floor, Suite 204, Tillsonburg, Ontario N4G 5A7.. One (1) electronic copy of the proposal should also be provided by the deadline. All submissions submitted shall become the property of the Corporation of the Town of Tillsonburg. Submissions received after the above due date and time will not be considered, but will be returned unopened to the Respondent. 4.5 Notes to Respondents It is essential that the elements contained in the qualification Submission are stated in a clear and concise manner. Failure to provide complete information as requested will be to the Respondent’s disadvantage. Submissions should be submitted in the format requested with a table of contents. If a Respondent feels that any conditions will restrict it unnecessarily in any way, it should so state in its Submission. Any deviation from the stipulated conditions should be given in detail with an explanation as to why they are being proposed. The Town reserves the right to accept any Submission as submitted without prior negotiations. It is the responsibility of the Respondent to obtain clarification of the requirements contained herein, if necessary, prior to submitting a qualification Submission. Each Submission will be evaluated solely on its content. Assessment of the Submission commences immediately after the Closing Date. The Town does not accept submissions submitted by facsimile transfer machines. A notice regarding information on this Request for Pre-Qualification will be posted at www.tillsonburg.ca. Copies of this Request for Pre-Qualification document are only available at the Town of Tillsonburg, Corporate Office, 200 Broadway, 2nd Floor, Suite 204, Tillsonburg, Ontario If a Respondent obtains this document by means other than through the Town of Tillsonburg , the accuracy of the document and receipt of any addenda is the sole responsibility of the Respondent. The Town may terminate this process at any time on written notice to each Respondent. This process and any resulting agreement are subject to approval of the Town Council. 12 TOWN OF TILLSONBURG RFPQ 16-001 115 4.6 Freedom of Information The bidder acknowledges that any bid submitted shall become a record belonging to the Town and therefore is subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c M.56, as amended. (MFIPPA) MFIPPA provides that an individual, businesses and other organizations have a legal right to request records held by the Town, subject to specific limitations. The bidder should be aware that it is possible that any records provided to the Town, including but not limited to, pricing, technical specifications, drawings, plans, audio visual materials or information about staff, parties to the bid or suppliers could be requested under this law. If the bidder believes that all or part of the bid should be protected from release, the relevant parts should be clearly marked as confidential. Please note that this will not automatically protect the submission from release, but it will assist the Town in making a determination on release if a request is made. The Town will use its best efforts not to disclose any information so marked confidential but shall not be liable to a Proponent where information is disclosed by virtue of an order of the Privacy Commissioner or otherwise as required by law. 4.7 Conflict of Interest Respondents are required to disclose to the Town any potential conflict of interest. If a conflict of interest does exist as referred to above, the Town may, at its discretion, withhold consideration of the qualification Submission until the matter is resolved to the satisfaction of the Town. If, during the RFPQ, RFP or negotiation stages of the process, a Respondent is in a conflict of interest or perceived conflict of interest, the Respondent shall so inform the Town and if a significant conflict of interest is deemed to exist by the Town, then the Respondent shall remove itself from the process, or take such steps as are necessary to remove the conflict of interest. 4.8 Restricted Parties At this stage, the Town has identified the following Persons as Restricted Parties because of their direct, and recent or current, involvement in the RFPQ selection process or the planning or implementation of the Project: • The Corporation of the Town of Tillsonburg and its employees • Members of the Town Hall Project Steering Committee 13 TOWN OF TILLSONBURG RFPQ 16-001 116 This is not an exhaustive list of Restricted Parties. Additional Restricted Parties may be added to the list at any stage of the RFPQ process. The Town, nor any of its employees, advisors or representatives, is liable to any Respondent for any claims, whether for costs of preparation of the Submission, loss of anticipated profit, or loss of opportunity or any other matter whatsoever, for any use or reliance on this list, or use or inclusion of Restricted Parties in any Submission for the RFPQ process. 4.9 Code of Conduct for Respondents The Town is committed to a selection process that is open, fair and defendable to all parties concerned and to this end the Respondents must adhere to the code of conduct stipulated in these general terms and conditions. In order for the Town to provide the private sector with a consistent and efficient point of contact during the RFPQ process, all requests for information or clarification are to be made in writing and directed only to the Purchasing Coordinator. 4.10 Disclosure Information Respondents must not disclose any details pertaining to their Submission, and the selection process, in whole or in part, to anyone not specifically involved in their Submission, without the prior written approval of the Town. Respondents shall not issue a news release or public announcement pertaining to the details of their Submission, or the selection process, without the prior written approval of the Town. 4.11 Claims or Litigation The Town reserves the right not to accept a Submission from any person or corporation which includes all non-arm’s length corporations who, or which, have claim or instituted a legal proceeding against the Corporation of the Town of Tillsonburg or against whom the Town has a claim or instituted a legal proceeding with respect to previous contracts, bid submissions or business transactions. 4.12 Rights Reserved By the Corporation of the Town of Tillsonburg a) The Town is not liable for any costs incurred by interested parties in the preparation of their response to this request or interviews. Furthermore, the Town shall not be responsible for any liabilities, cost, expenses, loss or damage incurred, sustained or suffered by any interested party, prior to subsequent to, or by reason of acceptance, or non-acceptance by the Town of any response, or by reason of any delay in the acceptance of the response. 14 TOWN OF TILLSONBURG RFPQ 16-001 117 b) The Town reserves the right to request proponents to: i. Provide additional information; ii. Modify submissions in areas considered to be deficient; iii. Address specific requirements not accurately covered in their initial submissions; iv. Substitute components where the Town considers that an alternative may be more suitable; v. References. 15 TOWN OF TILLSONBURG RFPQ 16-001 118 Report Title Lease Request from Chesterman Farm Equipment Inc Report No. DCS 16-37 Author Cephas Panschow Meeting Type Council Meeting Council Date NOVEMBER 28, 2016 Attachments RECOMMENDATION THAT Council receive Report DCS 16-37 Lease Request from Chesterman Farm Equipment Inc; AND THAT staff be directed to bring back a lease agreement for Council’s consideration for the lands described as: (i) Unnamed Road adjacent to Lots 1612, 1613 and 1614; and, (ii) Part Lot 1613, Plan 500, designated as Part 1 & 2 on OXR39 & Part 4 on OXR44, more particularly described as part of Part 1, Plan 41R-8019, And consisting of approximately 5 acres of non-arable land for a three-year term expiring on December 31, 2019. EXECUTIVE SUMMARY The purpose of this report is to seek Council direction with respect to the request made by Chesterman Farm Equipment Inc (Chesterman’s) to lease industrial lands for the purposes of a temporary recreational vehicle racing track that has the potential to support Tillsonburg’s tourism sector through increased visitors. BACKGROUND Further to the delegation made by Chesterman Farm Equipment Inc at the October 24, 2016 Council meeting, Council directed staff to review options for race site locations and provide a report to council as per the following resolution: THAT Council receive the presentation regarding the Tillsonburg Kart Club Race Location; AND THAT staff be directed to review the request and to provide a report at a future council meeting for council’s consideration. Page 1 / 4 119 Staff have met with representatives from Chesterman’s to review the Vienna Road property they proposed as well as sites at the Tillsonburg Regional Airport as summarized below. Site Pros Cons Tillsonburg Regional Airport  Significant size of property provides a variety of site options  Some existing infrastructure (parking, washrooms, etc)  Already known as a tourism/ visitor venue  Closer to Hwy 401  Good separation from existing residential uses  Property is flat, which means extensive earth works would be required to create a track  Track would have to be close to terminal in order to access parking/ washrooms, but this could impact future airport development  No source of water for track maintenance  Distance from Chesterman’s location means increased logistics costs  Overall, this site would be more costly  Taxes payable would not go to Tillsonburg Vienna Road Property  Closer to Chesterman’s current location  In industrial area with good separation from existing residential uses  Already has existing fill material on site that can be used to create the track  Has potential source of water (pond) for track maintenance  Re-use of lands not currently being used for anything  Additional lease and tax revenue for the Town  Site is more conducive for this type of use (not flat)  Proximity to Downtown offers more potential for participation in events like Turtlefest/fair  Property access from Vienna Road may not be suitable (although did work for Town’s transfer station)  Potential for sale of property by Town to another user in the future In the past, Staff has also proposed a number of other sites for investigation, but they were not viable for a kart track. Page 2 / 4 120 The development would include the following areas:  Racing track  Viewing platform  Vehicle parking  Trailer parking Based on this review, Staff is recommending that the Vienna Road Lands be considered for this proposal as the lands are not currently being used for anything and appear to be well suited to this use. If Council is supportive of this direction, then staff will prepare a lease agreement and bring it back to Council for consideration. Subject Property – Vienna Road Lands Page 3 / 4 121 COMMUNITY STRATEGIC PLAN Supporting the request by Chesterman Power Products appears to be consistent with the Town’s Community Strategic Plan: Section Action Item Comment 4.2 Provide a variety of leisure and cultural opportunities to suit all interests Parks and Recreation to measure success to-date of implementing the recommendations / action items of the Community Parks, Recreation & Cultural Strategic Master Plan While this item refers specifically to the Recreation and Cultural Strategic Master Plan, this initiative would be a private sector initiative that would increase the number of leisure opportunities in the community. CONSULTATION/COMMUNICATION The public has not yet been consulted with respect to this opportunity but there would be requirements for public consultation and input as part of the Planning Act applications that would be triggered if Council approves the proposal and the applicant moves forward with their plans. The proposed use was reviewed with Planning who have advised that the use could be accommodated by way of a temporary use zoning bylaw, which would permit the use for up to three years. A permanent operation would require an Official Plan Amendment and a Zoning bylaw Amendment. Other requirements may arise through the public planning process. FINANCIAL IMPACT/FUNDING SOURCE Staff is proposing a lease rate of $500 per acre for the five acre property and this would result in annual revenue of $2,500, which would be allocated to the Economic Development budget (as is rental revenue for industrial lands leased for agricultural purposes). The Lessee would be responsible for the costs of making applications for approval, improving the lands, obtaining insurance, property taxes and any other costs related to the use of the lands. There would also be some tax revenue generated for the Town although this is expected to be minor ($1,000 to $1,500). However, there would also be the potential for additional spending by visitors in the local economy. Page 4 / 4 122 Report Title Taxi By-Law Report No. DCS 16-40 Author Geno Vanhaelewyn, Chief Building Official Meeting Type Council Meeting Council Date NOVEMBER 28, 2016 Attachments Redlined Draft Taxi By-Law Proposed Taxi By-Law 4051 RECOMMENDATION THAT Council receive Report DCS 16-40, Taxi By-Law; AND THAT By-Law 4051, To regulate vehicles for hire in the Town of Tillsonburg be brought forward for Council consideration; AND THAT the proposed licencing fees noted in this report be considered for the 2017 Rates and Fees By-Law. EXECUTIVE SUMMARY This is a follow up report to Report “DCS 16-39 Draft Taxi By-Law” presented to Council on November 14, 2016. Information collected from the delegations at this meeting along with council input and feedback from staff are included in this report and are reflected in the proposed by-law for consideration. CONSULTATION/COMMUNICATION Based on consultation, the following items were updated and redlined for convenience in the Draft By-Law version attached to this report: 1.Section 2 – Definitions – “Vehicle for Hire” definition updated and expanded so not to reference specific entities. 2.Section 3.3 (h) – General Licencing Regulations - item (h) removed so not toexempt non-profit organizations from licencing fees when defined as a vehicle for hire. 3. Section 3.4.3 (c)(iii) – Group Transportation, Limousine or Taxicab Vehicle Licence – subsection deleted to require a Vehicle Fitness Report. In review of other municipal by-laws it was determined that this form is no longer being used. The itemsreviewed in the fitness report will be performed by staff during the annual examination noted in clause Section 3.4.3 (f). Page 1 / 3 DCS 16-40 Taxi By-Law 123 4. Section 3.4.3 (d) – Group Transportation, Limousine or Taxicab Vehicle Licence - subsection updated and clarified to reflect existing provincial regulations as it relates to vehicles using propane or natural gas. Licencing Fees Consultation noted that the increase in fees for licencing will affect business owners and drivers. In review, the fees have not been adjusted since 2002 and the licencing fees that were presented in the previous report remain partially subsidized. The table below sets out the approximate cost to deliver licencing services for business owners, vehicles and drivers. Approximate Cost of Licence Administration Class Business Owner Licence (Annually) Driver Licence (Annually) Vehicle Licence (Annually) Group Transportation* $72.40 $66.05 $87.80 (New) $79.44 (Renewal) Accessible Taxicab/Taxicab Limousine $72.40 The following table identifies the existing fees and the fees proposed to be amended in the 2017 Rates and Fees By-law which include a reduced subsidized rate for taxi cab business owners, vehicles and drivers. Proposed Licencing Fees Class Business Owners Licence (Annually) Drivers Licence (Annually) Vehicle(s) Licence (Annually) EXISTING PROPOSED EXISTING PROPOSED EXISTING PROPOSED Group Transportation* N/A $50.00 N/A $35.00 - $75.00 $50.00 (renewal) Accessible Taxicab/Taxicab N/A $50.00 $25.00 $15.00 (renewal) $35.00 $35.00 $65.00 $50.00 (renewal) Limousine N/A $70.00 $25.00 $15.00 (renewal) $65.00 $35.00 $72.00 Misc. Fees - Appeal Application – $100.00 - Replacement Driver ID – $15.00 - Taxi Plate Replacement – $20.00 Page 2 / 3 CAO 124 Due to a concern in the licencing fee increase; staff compiled information from other municipalities as a comparison. The municipal comparisons are noted in the following table and the information indicates that the proposed fees remain competitive. Municipal Licencing Fee Comparisons Class Tillsonburg Norfolk Woodst ock St. Thomas Stratford Ingersoll Colling wood Alymer Orangeville Port Hope Business Owner’s Licence Taxi/Limo Group & Taxi $50 Limo $70 $110 $1000 (One time fee) $1000 Renewal $100 $1500 Renewal $100 $50 $5000 Taxi $2500 Limo (One time fee) $125 $130 Renewal $50 $105 Taxi/Limo Driver Group & Taxi $35 Limo $65 $45 $90 $100 $75 Renewal $50 $25 $75 Renewal $50 $22 $35 $45 Taxi/Limo Vehicle Taxi $65 $50 (renewal) Group $75 $50 (renewal) Limo $72 $80 $140 $100 $100 $50 $150 $35 $50 $105 The information noted in this report was provided to the vehicle for hire companies as an update to previous consultation. FINANCIAL IMPACT/FUNDING SOURCE Licencing fees proposed will recover partial costs of service delivery. COMMUNITY STRATEGIC PLAN (CSP) IMPACT Culture & Community – 4.3 - Provide opportunities for families to thrive: - explore viability of alternative transportation options. - implement a suitable transportation program and support the program through Town- wide marketing. Page 3 / 3 CAO 125 Page 1 of 24 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4051 A BY-LAW for the licensing, regulating and governing of vehicles for hire within the municipality, including Group Transportation Vehicles, Limousines, Accessible Taxicabs, Taxicabs, owners and drivers. WHEREAS subsection 151(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (Municipal Act, 2001), provides that without limiting sections 9, 10 and 11, 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 licence; (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 established by the municipality. 2006, c. 32, Sched. A, s. 82. AND WHEREAS subsection 151(5) of the Municipal Act, 2001 provides that subsection 151(1-4) applies with necessary modifications to a system of licences with respect to any activity, matter or thing for which a by-law may be passed under sections 9, 10 and 11 as if it were a system of licences with respect to a business; AND WHEREAS subsection 156(1) of the Municipal Act, 2001 authorizes a municipality in a by-law under with respect to the owners and drivers of taxicabs to: (a) Provide for the collection of the rates or fares charged for the conveyance; and (b) Limit the number of taxicabs or any class of them. AND WHEREAS the Council of the Corporation for the Town of Tillsonburg considers it in the public’s interest for the purposes of health and safety and in the interest of consumer protection to pass such a by-law; AND WHEREAS the Council of the Corporation for the Town of Tillsonburg delegates the legislative powers under this By-law to the Licencing Officer, including without limitation the power to issue and impose conditions on a licence, as such power is minor in nature with regard to the number of people, the size of geographic area and the time 126 Page 2 of 24 period affected by an exercise of the power in accordance with subsections 23.2 (4-5) of the Municipal Act, 2001; NOW THEREFORE Council hereby enacts the following: SECTION 1 SCOPE OF BY-LAW 1.1 SHORT TITLE This By-law, as amended from time to time, shall be known as the “Taxi By-law.” 1.2 INTENT AND SCOPE The purpose of this By-law is to regulate Group Transportation Vehicle, Limousine and Taxicab Owners, Drivers and Vehicles used for hire or any class or classes thereof within the Town of Tillsonburg. SECTION 2 DEFINITIONS & INTERPRETATION 2.1 DEFINITIONS The terms set out below shall have the following meanings in this By-law: “Accessible Formats” means an alternate format that allows people with disabilities to access information in a manner other than how the format was originally delivered, and may include, but is not limited to, large print and Braille; “Accessible Taxicab” means a class of taxicab which is designed or modified to be used for the purpose of transporting persons with disabilities and is used for that purpose, whether or not the vehicle is also used to transport persons without disabilities, as defined in Section 1 of R.R.O. 1990 Regulation 629: Accessibility Vehicles made under the Highway Traffic Act; “Accessible Taxicab or Taxicab Driver” means a person who is licenced as such or required to be licenced as such under this By-Law and includes a taxicab owner who drives a taxicab; “Accessible Taxicab or Taxicab Owner” means a person who is licensed as such or required to be licenced as such under this By-law and includes a lessee, licenced under this By-law of a taxicab owner’s vehicle; “Accessible Taxicab or Taxicab Plate” means an identification plate issued by the Town containing the words “TAXI”, “Town of Tillsonburg”, a number and current year sticker, to be attached to the rear of the taxicab, and for accessible taxicabs only, a sticker showing the international symbol of accessibility;“Annual Licence” means a licence issued to the applicant which expires at 11:59 p.m. on April 14th of a given year. 127 Page 3 of 24 “Applicant” means an individual, proprietorship, limited partnership or corporation that applies for a Licence under this By-Law with the Town of Tillsonburg; “Call” within the meaning of this By-law shall include a request or direction for the use of a taxicab transmitted by radio, or by personal request of a prospective passenger or received in any other manner. “Carry on” when used in reference to a taxicab business means to continuously operate, engage, drive, or make a taxicab available for the conveyance of passengers or property for hire or reward and includes waiting for, accepting, or dispatching orders; “Clerk” means the Clerk of the Corporation of Town of Tillsonburg; “Conveyance” means to carry, transport, transfer or move. “Council” means the municipal Council of the Corporation of Town of Tillsonburg; “Driver” means a person who is licenced to drive a motor vehicle pursuant to this By- law; "Fare" means the amount of money required for payment for the conveyance of passenger(s) or product(s); “Group Transportation Vehicle” means a vehicle which is available for providing a conveyance service for a fare and operates on an established route and flex route schedule. Passengers are picked up along the established route/flex route and pay the fare upon embarking on the Group Transportation Vehicle. This does not include an Accessible Taxicab, Taxicab, Limousine, or Public Vehicle as defined in the Public Vehicles Act. “Group Transportation Vehicle Driver” means a person who holds a Group Transportation Vehicle Driver’s Licence as issued under this By-law; “Group Transportation Vehicle Owner” means a person, proprietorship, limited partnership, corporation or other entity who holds a Group Transportation Vehicle Owner licence as issued under this By-law which carries on the business of transporting passengers for a fare in the Town of Tillsonburg; "Licence" for the purpose of this By-law, refers to a valid and current licence as issued by the Town of Tillsonburg which permits a person to carry on or engage in the passenger conveyance business and is also a requirement for the Drivers of Group Transportation Vehicles, Limousines and Taxicab and for each Vehicle licenced under the provisions of this By-law. Licences shall expire at 11:59 p.m. on April 14th of a given year; “Licencee” is the holder of a valid and current Licence as issued by the Town of Tillsonburg under this By-law; “Licence Appeal Committee” means a committee comprised of the Chief Building Official, CAO or designate, one member of the BIA and one member of the Chamber of Commerce whose role is to review and make a decision in regards to an appeal submitted by an Applicant or Licensee. "Licencing Officer” means the Municipal By-law Officer for the Town of Tillsonburg; “Limousine” means a motor vehicle kept or used for hire for the conveyance of Passengers by reservation only and solely on an hourly basis, which has seating for no 128 Page 4 of 24 more than the manufacturer’s specified number of Passengers and a sufficient number of seat belts for each Taxi Driver and Passenger, and shall not include a Taxicab; “Limousine Driver” means a person who holds a Limousine Driver’s Licence as issued under this By-law; “Limousine Owner” means a person, proprietorship, limited partnership, corporation or other entity which holds a Limousine Owner’s Licence as issued under this By-law which carries on the business of transporting passengers in the Town of Tillsonburg; “Motor Vehicle” means a motor vehicle defined in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended; “Municipal Law Enforcement Officer” means the person(s) so appointed by the Council of the Corporation of Town of Tillsonburg, and for the purposes of this By-Law shall include a member of the Oxford O.P.P. or appropriate police agency; “Non-Profit/Not-For Profit Organization” means an organization with a constitution, by-laws and a Board of directors. They are registered/incorporated as a not-for-profit organization, are able to provide their not-for-profit number and operate within the Town of Tillsonburg. “Passenger” means any person(s) in a taxicab, limousine or Group Transportation Vehicle other than the driver who has hired the owner or driver for (a trip) for the purposes of transporting them from one location to another; “Person” includes any individual, partnership, firm, association or corporation; “Police Security Clearance Record Check” means particulars of a criminal record which shall include a: (a) Vulnerable sector police search and search of the pardoned sexual offender’s data base, dated within thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; “Public Vehicle” means a motor vehicle operated on a highway by, for or on behalf of any person for the transportation for compensation of passengers, or passengers and express freight that might be carried in a passenger vehicle, but does not include the cars of electric or steam railways running only upon rails, taxicabs, nor motor vehicles operated solely within the limits of one local municipality, as defined in the Public Vehicles Act, R.S.O. 1990, c.P.54; “Service Animal” means an animal that is (a service animal for a person with a disability) trained to perform specific functions and services to assist a person with a disability, (a) If it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or (b) If the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability; (c) And shall include a guide dog as defined in Section 1 of the Blind Persons Rights' Act, R.S.O. 1990, Chapter B.7. 129 Page 5 of 24 “Tariff Card” means a card which displays the current Fares/Rate Schedule of the Vehicle for Hire business as approved and issued by the Licencing Officer; “Taxicab” means a motor vehicle hired for the transportation of a passenger(s) for a fare, but shall not include a public vehicle as defined by the Public Vehicles Act, R.S.O. 1990, c. P.54, as amended; “Taxicab Owner” includes an owner or lessee of a taxicab vehicle, and includes any person, proprietorship, limited partnership, corporation or other entity which carries on the business of transporting passengers in the Town of Tillsonburg; “Taximeter” means a measuring device used in a taxicab to calculate the fare payable for a trip; “Town” means The Corporation of Town of Tillsonburg; “Trip” means the conveyance of a passenger(s) and/or product(s) from one location to another as agreed upon between the vehicle driver and passenger(s); “Vehicle for Hire” means a Group Transportation Vehicle, Limousine or Taxicab as described within this By-law which is used for the purpose of conveying passengers or products from one location to another for an established fee. This does not include delivery/courier vehicles, courtesy vehicles, passenger transportation services under contract with a school, a board of education, a community service agency or similar type of organization. SECTION 3 LICENCING 3.1 Classes of Licences (a) The following classes of licences are required for the operation of a Vehicle for Hire in the Town of Tillsonburg and the licence holder shall procure and maintain a licence(s) in good standing: (i) Group Transportation Vehicle/Limousine/Taxicab Business Owner (ii) Group Transportation Vehicle/Limousine/Taxicab Driver (iii) Group Transportation/Limousine/Taxicab Vehicle 3.2 Issuance & Expiry of Licences (a) All licences issued shall be signed by the Licencing Officer, or designate, and the signature may be stamped, printed or mechanically reproduced on the Licence; (b) All licences shall be in a form approved by the Town of Tillsonburg, as may be amended from time to time; (c) The Expiry Date for all Annual Licences issued under this By-law shall be April 14th at 11:59 p.m of each year.3.3 General Licencing Regulations 130 Page 6 of 24 (a) For the purposes of this By-Law a person, proprietorship, limited partnership, corporation or other entity is carrying on or engaging in the Vehicle for Hire business when: (i) Providing a conveyance service wholly within the Town of Tillsonburg or from any point in the Town of Tillsonburg to any point outside the Town of Tillsonburg; or and (ii) The usual business address of the person, proprietorship, limited partnership, corporation or other entity which is the registered owner of the Vehicle for Hire business, is within the Town of Tillsonburg. (b) No person, proprietorship, limited partnership, corporation or other entity shall act as a business Owner for the purpose of providing Vehicles for Hire as provided for under this by-law without being licenced; (c) No person shall operate a Vehicle for Hire within the boundaries of the Town of Tillsonburg without being licenced as a Driver under this By-law; (d) No motor vehicle shall be operated as a Vehicle for Hire within the boundaries of the Town of Tillsonburg without being licensed under this By-law; (e) No Licences issued under subsection (a-c) are transferable; (f) A Vehicle for Hire Business Owner shall not permit any person to operate a vehicle registered to that business as included under the Licence for that business for the purposes of conveying passengers or products within the boundaries of the Town of Tillsonburg unless both the vehicle and driver hold a valid and current Licence issued by the Town of Tillsonburg. (g) An application for a Licence or the issuance of a Licence pursuant to the provisions of this By-law does not relieve the applicant or licencee as the case may be, from the obligation to comply with all other applicable by- laws of the Town of Tillsonburg and laws of the Province of Ontario and the Government of Canada. (h) Applying for a Licence 3.4.1 Group Transportation Vehicle, Limousine & Taxicab Business Owner Licence Each Group Transportation Vehicle, Limousine or Taxicab Business Owner in the Town of Tillsonburg, shall submit the following information to the Licencing Officer when applying for or renewing a licence to operate a Vehicle for Hire Business; (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fees By- law; (c) The particulars of a criminal record which shall include a Vulnerable Sector police search and search of the pardoned sexual offenders 131 Page 7 of 24 database, dated within the last thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; (d) A Vehicle for Hire driver’s licence must be obtained as per section 3.4.2 if the Business Owner intends to operate a vehicle; (e) A Certificate of Insurance in the amount of $2,000,000.00. 3.4.1.1 Change of Ownership: (a) A Licencee, including a person, partnership, firm, association or corporation, shall notify the Licencing Officer a minimum of fifteen (15) business days prior to any change in the actual or legal control of the business to which the Licence relates; (b) In all cases relating to the change of the legal control of a business, the issuance of a new Business Licence is required. (c) All information must be submitted in full a minimum of ten (10) business days prior to the issuance of a Group Transportation Vehicle, Limousine or Taxicab Owners Licence. 3.4.1.2 Refusal of an Application: The Licencing Officer shall refuse an application for a Group Transportation, Limousine or Taxicab Business Owner Licence under the following conditions: (a) An incomplete application has been submitted and upon request has not been rectified; (b) The applicant has been convicted of an offence under this or any other legislation relating to vehicles for hire in Canada; (c) The applicant has outstanding fines owing to the Town of Tillsonburg; (d) There is other information known to the Licencing Officer that provides a reasonable expectation that the applicant will not carry on the business with honesty and integrity; (e) The applicant previously held a Group Transportation, Limousine or Taxicab Business Licence which was suspended or revoked; (f) In the case of a Taxicab Business, the Owner has not provided off- street parking for the number of Accessible Taxicab or Taxicab vehicles for which a Licence is being applied for; (g) The applicant has not satisfied the Licencing Officer of the proper zoning on the location where the business will operate from; (h) Processing of an application would be contrary to an order of the Licence Appeal Committee or other level of court; 132 Page 8 of 24 (i) A decision to refuse to process an application for a Group Transportation Vehicle, Limousine or Taxicab Business Licence is appealable to the Licence Appeal Committee. 3.4.2 Group Transportation Vehicle, Limousine, Taxicab Driver’s Licence Each Group Transportation Vehicle, Limousine or Taxicab Driver shall submit to the Licencing Officer the following information when applying for or renewing a Licence to operate a Vehicle for Hire: (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fee’s By- law; (c) The particulars of a criminal record which shall include a Police Vulnerable Sector Check, dated within the last thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; (d) The particulars of a driving abstract, dated within the last thirty-six (36) days, as provided by the Ministry of Transportation or other police agency; (e) In the case of an Accessible Taxicab, the driver must furnish proof of having completed a Training program with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities at the time of the application; (f) All information must be submitted in full a minimum of ten (10) business days prior to the issuance or renewal of a Group Transportation Vehicle, Limousine or Taxicab Drivers Licence. 3.4.2.1 Refusal of an Application: The Licencing Officer shall refuse an application for a Group Transportation Vehicle, Limousine or Taxicab Driver Licence or renewal under the following conditions: (a) A Driver has not sufficiently completed the required forms; (b) A Driver has failed to pay the licencing fee at the date of the application; (c) The Driver has been convicted of a criminal offence during the preceding five (5) years for which a pardon has not been granted; (d) The Driver has been convicted of an indictable offence at any time under any statute of Canada, including but not limited to the Criminal Code of Canada or the Controlled Drug & Substances Act; (e) The Driver is the subject of an outstanding criminal charge(s) or a Careless Driving charge(s) at the date of the application; 133 Page 9 of 24 (f) The issuance of a licence is contrary to a ban or suspension placed upon the Driver by the Licence Appeal Committee. 3.4.3 Group Transportation, Limousine or Taxicab Vehicle Licence The owner or lessee of a Group Transportation Vehicle, Limousine or Taxicab is required to submit the following information to the Licencing Officer when applying for or renewing a Licence for a Vehicle for Hire: (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fees By- law; (c) Particulars of the vehicle to be used for hire including; (i) Proof of ownership of the vehicle; (ii) A current Safety Standards Certificate, dated within thirty-six (36) days of the application accompanied by the Motor Vehicle Inspection Report; (iii) (v) A certificate of Insurance in the amount of $2,000,00.00. (d) In respect of any vehicles using propane or natural gas fuel, a certificate from a person qualified to provide such certificate as per the requirements of the Ministry of Transportation and Technical Safety Standards Association; (e) In respect of an Accessible Taxicab, a certificate from a qualified person to the effect that the equipment which renders the Taxicab an Accessible Taxicab is safe and in proper working order; (f) Every owner shall submit the vehicle(s) for examination or inspection before a licence is issued; (g) Furnish any evidence or information required by the Licencing Officer or their designate to show that the vehicle proposed for the business meet all requirements of this By-law for licencing; 3.4.3.1 Refusal of an Application The Licencing Officer shall refuse an application for a Group Transportation, Limousine or Taxicab Vehicle Licence or renewal under the following conditions: (a) A Vehicle Licence is currently under suspension or has been revoked by the Licence Appeal Committee; 134 Page 10 of 24 (b) An incomplete application has been submitted and upon request, the form has not been rectified; (c) The vehicle for which the application is being submitted is considered unfit and does not meet the minimum basic safety standards to drive on Ontario roads; (d) The applicant has been convicted of an offence under the Taxi By- law or any other legislation relating to vehicles for hire in Canada; (e) The applicant has outstanding fines owing to the Town of Tillsonburg; (f) There is other information known to the Licensing Officer that provides a reasonable expectation that the applicant will not carry on business with honesty and integrity. SECTION 4 SUSPENSION OR REVOCATION OF DRIVER’S LICENSE 4.1 Suspension/Revocation of a Group Transportation, Limousine or Taxicab Driver’s Licence The Licensing Officer or his/her designate shall suspend, revoke or fail to renew any Group Transportation, Limousine or Taxicab Driver’s Licence under the following conditions: (a) The Licencing Officer becomes aware that the Licencee is not meeting any one of the requirements of issuance under the initial Licence application process; (b) The Licencee’s Ontario Driver’s Licence is suspended for any reason; (c) The Licencee is charged with an offence under the Criminal Code of Canada or the Controlled Drug & Substances Act; (d) The Licencee is charged with an offence under the Liquor License Act for the Province of Ontario if the charge relates in any way to the use or operation of a Vehicle for Hire; (e) The Licencing Officer may suspend, revoke or fail to renew a licence for any other matter of non-compliance by a Licencee as outlined in this By-law. 4.2 Upon Suspension or Revocation of a License A Group Transportation Vehicle, Limousine or Taxicab Driver shall immediately surrender his/her Licence as issued by the Town of Tillsonburg to the Licencing Officer in the event that such Licence has been suspended or revoked. The Licencee may file with the Clerk or Designate, an appeal application within fifteen (15) days of being notified of the suspension or revocation of the said licence. 135 Page 11 of 24 A suspension or revocation of a Group Transportation Vehicle, Limousine or Taxicab Vehicle Licence due to safety reasons or failure to provide a valid Safety Standards Certificate within the allotted time frame is not appealable. The decision of the Licence Appeal Committee is final. 4.3 Driver Conduct Any of the following infractions can result in a Driver of a Vehicle for Hire as licensed under this By-law facing Suspension, Revocation or Non-Renewal of a Licence: (a) The use of discourteous language or profanity in front of a customer; (b) Overcharging a customer or other similar abuse; (c) Smoking or allowing customers to smoke in the vehicle; (d) Repeated failure to maintain the vehicle in a neat and clean fashion; (e) Operating a vehicle in contravention of any other sections of this By-law; (f) Failure to surrender a Licence as issued by the Town of Tillsonburg immediately to the Licencing Officer upon conviction of a criminal offence or Careless Driving charge. SECTION 5 GENERAL PROVISIONS-VEHICLE REQUIREMENTS 5.1 Vehicle Condition All Vehicles for Hire shall be kept clean and orderly at all times both on the exterior and interior and this includes: (i) No visible rust; (ii) No visible dents; (iii) Paint on the vehicle must be uniform and consistent; (iv) Any trash must be placed in an appropriate receptacle; (v) The exterior of vehicles must be washed regularly and should not have an accumulation of dust or dirt; (vi) Interiors of vehicles must be cleaned and vacuumed regularly. 5.2 Safety Standards Certificate (a) A Safety Standards Certificate, which confirms that a Vehicle for Hire meets the minimum basic safety standards to drive on Ontario roads as provided by the Ministry of Transportation, and completed by a mechanic which is qualified as a certified inspector, shall be submitted within the last thirty-six (36) days when an application is being made for a Group Transportation, Limousine or Taxicab Business License or in the event of 136 Page 12 of 24 an application or renewal being submitted for a Group Transportation, Limousine or Taxicab Driver’s Licence or Vehicle License. (b) When the Licencing Officer or any Municipal Law Enforcement Officer believes, on reasonable grounds, that a Vehicle for Hire or its equipment is not safe, they may issue an order in writing requiring that the licencee produce a valid Safety Standards Certificate relating to that vehicle dated after the date of notice; (c) No Driver shall operate and no Owner or Licensee shall permit to operate a Vehicle for Hire after receipt of notice referred to in sub-section (b), until the Licencing Officer or Municipal Law Enforcement Officer has been provided with a valid Safety Standards Certificate as required in this section; (d) If a Licencee does not produce a valid Safety Standards Certificate within ninety-six (96) hours of receiving the notice referred to in this section, the Licencing Officer or his/her designate shall suspend the Vehicle Licence; (e) The revocation of a Vehicle Licence for safety reasons or failure to provide a valid Safety Standards Certificate within the allotted time frame is not appealable. The Applicant is required to apply for a new Vehicle Licence and submit a valid Safety Standards Certificate along with the required application fee and supporting documentation. 5.3 Proof of Insurance (a) A licenced Group Transportation Vehicle, Limousine or Taxicab Business Owner and a driver employed by him/her shall produce, in respect of any Vehicle for Hire being operated by the driver, evidence of insurance, as required under this By-law forthwith upon demand of the Licencing Officer, or a Municipal Law Enforcement Officer; (b) If a licenced Group Transportation Vehicle, Limousine or Taxicab Business Owner or a driver employed by him/her does not produce evidence of insurance when demanded pursuant to this section, the Licencing Officer shall suspend the Licence forthwith; (c) In instances where the inability to provide insurance is related to the Group Transportation, Limousine or Taxicab Business Licence, all Licences issued underneath that business to vehicle drivers and for the vehicles shall also be suspended; (d) If by the end of the next regular business day following the day of suspension of the licence, the Licencee has provided adequate Proof of Insurance to the Licencing Officer, such licence shall be reinstated. The Licencing Officer shall not reinstate a licence that has been suspended if adequate proof of insurance has not been provided by the end of the next regular business day following the date of suspension. All the related licences shall be revoked and such revocation is not appealable; (e) The Licencing Officer shall reinstate a licence that has been suspended if within (15) days of revocation, the Taxicab Business Owner provides adequate Proof of Insurance along with all the fees associated with a new 137 Page 13 of 24 Licence for the Group Transportation, Limousine or Taxicab Business and /or vehicles. New licences will be issued without a full application process being required except in instances when the timing of such issuance would require the annual renewal process. SECTION 6 GENERAL PROVISIONS RELATING TO GROUP TRANSPORTATION VEHICLE, LIMOUSINE AND TAXICAB BUSINESS OWNERS & DRIVERS 6.1 Requirements of Group Transportation Vehicle, Limousine and Taxicab Business Owners The following general provisions apply to all Group Transportation Vehicle, Limousine and Taxicab Owners and Drivers as required to be licenced under this By-Law: 6.1.1 Every Group Transportation Vehicle, Limousine and Taxicab Business Owner shall: (a) Submit his/her vehicle(s) as licensed under this By-law for examination or inspection at any time when required by the Licencing Officer or their designate; (b) Investigate immediately, any mechanical defect in his/her Group Transportation Vehicle, Limousine or Taxicab reported to him/her by a Driver or any other person; (c) Report any change of his/her business address or his/her residence address to the Licencing Officer within two (2) business days of the change; (d) Ensure that every Driver of a vehicle used for the business as licenced under this By-law provides, or will arrange for the provision of accessible formats relating to ridership rates and fees upon request and shall notify the public about the availability of accessible formats; (e) Notify the Licencing Officer forthwith if any Driver of a vehicle used for the conveyance service business as licenced under this By-law; (i) Is the subject of charges under the Criminal Code of Canada or the Controlled Drug & Substances Act or, (ii) Has been convicted of a criminal offence. (f) In the case of Taxicab Owners, affix a sign on the roof of each licenced Taxicab used for hire identifying the vehicle as an Accessible Taxicab or Taxicab; (g) Ensure that an Accessible Taxicab or Accessible Group Transportation Vehicle used for the Vehicle for Hire business meet the requirements, as defined in R.R.O Regulation 629, Vehicles for the Transportation of Physically Disabled Person as made under 138 Page 14 of 24 the Highway Traffic Act, and that all Accessible Taxicab and Accessible Group Transportation vehicle Drivers have completed the necessary training with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities; (h) In the case of Taxicabs shall ensure that no person employed by him or her shall carry any radio equipment, radio scanners or other equipment capable of monitoring radio calls other than the equipment used or required to transmit or receive broadcasts or signals from the radio dispatcher for whom the Driver is working; (i) Install an Taxicab Plate to the rear of the taxicab; 6.1.2 No Group Transportation Vehicle, Limousine or Taxicab Business Owner shall: (a) In the case of a Taxicab, permit any advertisement to be displayed on any licenced Accessible Taxicab or Taxicab with the exception of one roof advertising topper as approved by the Licencing Officer or designate; (b) Permit a Vehicle for Hire as licenced under this By-law to be operated if the vehicle or its equipment is unsafe; (c) Permit a vehicle to be operated unless it is insured as required by this By-law; (d) Permit any person, other than a Driver licenced under this By-Law and employed by him/her to operate his/her licenced vehicle(s); (e) Prevent or hinder a person authorized by the Licencing Officer from entering a licenced vehicle owned by him/her for the purpose of inspecting such vehicle; (f) Permit a licenced vehicle in respect of which a mechanical defect has been reported to him/her, to be operated until he or she has inspected and ensured that the mechanical defect, if any, has been corrected; (g) Permit a Driver to operate a licenced vehicle owned by him/her unless the Driver complies with all licencing requirements as provided for in this By-law, including maintaining and submitting a daily trip record; (h) Permit anyone to smoke in vehicle licenced under this By-law in accordance with the Smoke-Free Ontario Act. 6.2 Requirements of Group Transportation Vehicle, Limousine and Taxicab Drivers 6.2.1 Every Driver shall: (a) Maintain in good standing, a valid and subsisting Driver's Licence as issued by the Province of Ontario; 139 Page 15 of 24 (b) List on his/her application for a Group Transportation Vehicle, Limousine or Taxicab Driver’s Licence or any renewal application, all employers for whom he or she is currently working for as a Driver; (c) Notify the Licencing Officer forthwith of any change in his/her employment as a Driver of a Vehicle for Hire; (d) Report any change of address to the Licencing Officer within two (2) business days of the change; (e) Notify the Licencing Officer immediately if they: (i) Are the subject of charges under the Criminal Code of Canada or the Controlled Drug & Substances Act; (ii) Has been convicted of a criminal offence; (iii) Has had their Provincial Driver’s Licence suspended for any reason. (f) Produce his/her license to permit the change to be entered hereon at the time of notification of the change; (g) Inspect each vehicle as licenced under this By-law which he/she intends to operate at the commencement of each work shift and at the conclusion of each work shift and shall maintain a log of each inspection; (h) Report any mechanical defects which are disclosed during these inspections forthwith to the Group Transportation Vehicle, Limousine or Taxicab Business Owner; (i) Submit the Vehicle for Hire in his/her care and control for examination or inspection at any time to the Licencing Officer or their designate upon request; (j) Report to his/her employer forthwith, any accident in which the Group Transportation Vehicle, Limousine or Taxicab Driver has been involved in while operating a Vehicle for Hire on behalf of the business; (k) Return a Vehicle for Hire to his/her employer promptly at the conclusion of the Driver's work shift if required by the Group Transportation Vehicle, Limousine or Taxicab Business Owner; (l) Produce to a Police Officer or a Municipal Law Enforcement Officer, upon demand of that officer, his/her Group Transportation Vehicle, Limousine or Taxicab Driver's Licence as issued pursuant to this By-law; (m) Produce to a Police Officer or a Municipal Law Enforcement Officer, upon demand of that officer, his/her Driver's Licence as issued by the Province of Ontario; 140 Page 16 of 24 (n) Attend at the identified Town of Tillsonburg location, once the Group Transportation Vehicle, Limousine or Taxicab Driver's Licence has been issued, to obtain a photo identification card; (o) In the case of an Accessible Taxicab, ensure wheelchairs are securely anchored to the vehicle prior to providing an Accessible Taxicab Service and ensure that the vehicle meets the requirements as defined in R.R.O Regulation 629, Vehicles for the Transportation of Physically Disabled Person as made under the Highway Traffic Act; (p) Provide or arrange for the provision of accessible formats upon request and shall notify the public about the availability of accessible formats; (q) In the case of Taxicabs, every Taxicab driver shall serve the first person requiring the service of his/her Taxicab at any place within the area municipality to which the Taxicab Business Owner’s Licence relates any time, unless: (i) He/she has reasonable concerns for his/her safety; (ii) He/she has reasonable concerns that his/her fare may not be paid, or; (iii) He/she has made prior arrangements to accept another Passenger, the proof of which lies upon the Taxicab Driver in any proceeding under this By-law. (r) Deliver all property or money found in his/her Vehicle for Hire immediately to the owner thereof, or if the owner cannot be located immediately, to the nearest police station together with any information concerning the owner of the property or money which is in the possession of the vehicle Driver. 6.2.2 No Group Transportation Vehicle, Limousine or Taxicab Driver shall: (a) Operate any Motor Vehicle required to be a Vehicle for Hire unless he/she has a valid and subsisting Driver's Licence as issued by the Province of Ontario; (b) Operate any vehicle required to be a Vehicle for Hire unless such vehicle has been issued a licence for such purposes by the Town of Tillsonburg; (c) While having care and control of a Vehicle for Hire, permit any person, other than another Driver licenced under this By-Law, to operate the said vehicle; (d) Operate a Vehicle for Hire unless the license issued by the Licencing Officer containing his/her name is affixed in the place in the vehicle approved by the Licencing Officer and in such manner that the same is plainly visible to and readable by Passengers; 141 Page 17 of 24 (e) Operate a Vehicle for Hire if he/she reasonably believes the vehicle or its equipment is unsafe; (f) Operate a Vehicle for Hire that is not insured as required by this By- law; (g) Prevent or hinder a person authorized by the Municipal By-law Officer from entering the licenced Vehicle for Hire in the care and control of the Driver for the purpose of inspecting the vehicle or its equipment; (h) Operate a Vehicle for Hire which contains more occupants than the number of seatbelts available for occupancy or in the case of a Group Transportation Vehicle, the maximum number of occupants permitted for that model of vehicle; (i) Permit anyone to smoke in the Vehicle for Hire in accordance with the Smoke-Free Ontario Act; (j) In the case of an Accessible Taxicab, drive or act as a driver of any Accessible Taxicab without first having completed a Training Program with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities, and providing written proof of which shall be provided to the Licencing Officer when applying for or renewing a prior to the issuance of any Accessible Taxicab Driver’s Licence; (k) In the case of Taxicabs, take on any additional passenger(s) when the Taxicab is being used for the Transportation of children to and from school after the commencement of the trip without the consent of the first passenger taken on during that trip, unless emergency conditions exist; (l) Knowingly mislead or deceive any passenger or potential passenger as to the location or distance to a place to which the passenger or potential passenger intends or wishes to travel; (m) A Driver of a licenced Vehicle for Hire should not operate the vehicle unless: (i) The interior and exterior of the vehicle are clean and in good repair; (ii) The vehicle and its equipment are free from mechanical defects. SECTION 7 GENERAL PROVISIONS RELATING TO GROUP TRANSPORTATION VEHICLE & TAXICAB FARES & TRIP RECORDS 142 Page 18 of 24 7.1 Charging of Fares 7.1.1 Every Group Transportation Vehicle and Taxicab Business Owner shall: (a) Provide a Driver upon request a receipt for monies turned over to the Owner by the Driver at the end of the Driver’s shift; (b) Provide upon request by the Licencing Officer, all particulars of an agreement entered into relative to the charging of fares including any written contract or other documents, and any invoices, receipts or other evidence of payment; (c) Charge fares and ensure that a Group Transportation Vehicle or Taxicab driver which operates a licensed vehicle on behalf of their business charge fares in accordance with the Tariff Card as provided by the Licencing Officer and displayed within the Vehicle for Hire. (d) Review fares as required and provide any proposed fare adjustments to the Licencing Officer for review and approval. If a conflict or concern related to any proposed fees is identified, the Licencing Officer shall provide the information to the Licencing Appeals Committee for review. (e) Provide public notification a minimum of sixty (60) days of any proposed changes in fare rates as approved by the Licencing Officer or the Appeal Committee. 7.1.2 Every Taxicab Driver shall: (a) Display a current Tariff Card as provided by the Licencing Officer, setting out the established fare/rates to be charged for the conveyance service. Such fare shall include the standard rate for in-Town conveyance services, or in accordance with an agreement reached for trips outside of Town boundaries. The Tariff Card shall be displayed in a conspicuous place in the Vehicle for Hire so as to be conveniently seen and read by passengers and will indicate the same number as shown on the Taxi plate attached to the rear of the vehicle and inform passengers that accessible formats are available upon request; (b) Charge rates to passengers in accordance with the Fare/Rate Schedule as set out on the tariff card, or in accordance with the agreement reached if the fare is being charged for trips outside of town boundaries; (c) Permit a person with a disability who is accompanied by a service animal to travel with the service animal in the Vehicle for Hire; (d) Provide upon the request of the passenger, a receipt of the fare paid showing the amount of the fare paid, the vehicle licence plate number and the date; 143 Page 19 of 24 (e) Provide all particulars of an agreement entered into relative to the charging of fares, including any written contract or other document, and any invoices, receipts or other evidence of payment, immediately upon request of the Licencing Officer; (f) In the case of a Taxicab, the Driver shall follow the shortest possible route to the destination requested by a Passenger unless the Passenger designates another route; (g) In the case of the Group Transportation Vehicle, the Driver shall follow the established schedule and flex route for the conveyance of passengers. 7.1.3 No Group Transportation Vehicle or Taxicab Driver shall: (a) Charge a higher fare or an additional fee for persons with disabilities than that for persons without disabilities for the same trip; (b) Charge a fee for the storage of mobility aids or mobility assistive devices; (c) Charge an additional fee to a person with a disability travelling with a service animal. 7.2 Maintenance of Daily Trip Records 7.2.1 A Group Transportation Vehicle, Limousine or Taxicab Business Owner shall: (a) Ensure that all licenced Drivers which operate a Group Transportation Vehicle, Limousine or Taxicab vehicle used for his/her business and licenced under this By-law maintain a Trip Record; (b) Keep the Trip Records from all the licenced Driver’s which work for them for a period of at least twelve (12) months; and (c) Permit any person authorized by the Licencing Officer to inspect the Trip Record(s) on the business premises, or remove the Trip Record(s) from the business premises for the purpose of inspection; (d) Ensure that Drivers of his/her licenced vehicle(s) charge rates to passengers in accordance with the Fare/Rate Schedule as set out on the tariff card issued by the Licencing Officer, or in accordance with an agreement for services pursuant to section 7.1.1(b). 7.2.2 Every Group Transportation Vehicle Driver shall: (a) Maintain a daily record of all scheduled routes made by him/her as a Driver of a Group Transportation Vehicle. The Record shall be 144 Page 20 of 24 prepared immediately upon the conclusion of a scheduled route and prior to the commencement of the next scheduled route, and shall contain the following information: (i) The point of origin and the point of conclusion of the route; (ii) The time when the route commenced and ended; (iii) The total number of passengers; (iv) The total number of stops made to pick up and or drop off passengers; (v) The total fare(s) collected. (b) Submit his/her daily record to the Group Transportation Vehicle Business Owner at the conclusion of each shift. 7.2.3 Every Taxicab Driver shall: (a) Maintain a daily record of all trips made by him/her as a Driver of a licenced Taxicab. The Trip Record shall be prepared immediately upon the conclusion of a trip and prior to the commencement of the next trip, and shall contain the following information: (i) The point of origin and the point of conclusion of the trip; (ii) The number of passengers; (iii) The fare charged, and; (iv) The Ontario Licence plate number of the vehicle. (b) Submit his/her daily Trip Record to the Taxicab Business Owner at the conclusion of each shift. SECTION 8 INSURANCE 8.1 Insurance Coverage A Group Transportation Vehicle, Limousine or Taxicab Business Owner shall not permit his/her licenced Vehicle(s) for Hire to be operated unless: (a) He/she has procured and maintained in good standing, a Standard Automobile Insurance Policy providing for third party liability of at least $2,000,000.00 insurance coverage for the use designated in the licence and; (b) The Policy of Insurance contains an endorsement requiring that the insurer give to the Licencing Officer at least ten (10) days’ notice of any proposed cancellation or variation of the policy. SECTION 9 APPEAL PROCESS 145 Page 21 of 24 9.1 Appealing the Decision of the Licencing Officer 9.1.1 Filing an Appeal (a) Where the Licencing Officer refuses to issue a Licence, suspends or revokes a Licence under this By-Law, the Applicant or Licencee may appeal this decision by filing with the Clerk or Designate, an appeal application of the said decision within fifteen (15) days of being notified of the decision. (b) The applicant shall pay to the Clerk of the Corporation the fee for the appeal as set out in the Town’s Rates & Fees By-Law at the time the appeal is filed. (c) The Clerk or Designate shall provide the Licencing Appeal Committee with a report as to the status of the licence. 9.1.2 Review Hearing Upon receipt of an appeal from an Applicant, the Committee shall hold a Review Hearing in accordance with the Statutory Powers Procedure Act and may, after the appropriate hearing is conducted, issue a Licence, refuse to issue a Licence, revoke a Licence or suspend a Licence and may make any suspension of a Licence subject to such terms or conditions as the Licencing Appeal Committee may prescribe and a decision made pursuant to the exercise of these powers is final and binding upon the applicant or any Licencee. 9.1.3 Notice Upon determination of the Review Hearing date, the Clerk or designate shall give notice in writing to the Applicant or Licencee. The notice shall include: A statement: (i) As to the time, date, place and purpose of the Review Hearing; and (ii) That, if the Applicant or Licencee does not attend the Review Hearing, the Licencing Appeal Committee shall proceed in the absence of the Applicant or Licencee and the Applicant or Licencee will not be entitled to any further notice. 9.1.4 Review by the Licensing Appeal Committee The Licencing Appeal Committee, in considering whether or not to issue a Licence, refuse to issue a Licence, or to revoke or suspend a Licence may have regard to the following: 146 Page 22 of 24 (a) Whether or not the Applicant or Licencee and the vehicles used for hire in connection with the carrying on of a business which is required to be Licenced, pursuant to this By-Law, complies with all requirements of this By-Law; (b) Whether or not the Applicant or Licensee has failed to promptly remedy any reasonable concern with regard to those matters set out in this By-Law or has committed past breaches of this By-Law; (c) Whether or not the Applicant or Licencee has failed to comply with any requirements of any other applicable By-Law of the Town or any local board thereof or of any statute, order-in-council or regulation of the Provincial Legislature or the Parliament of Canada or of any Agency, Board or Commission thereof, in, upon or in connection with the Licenced activity or vehicles used for hire in connection with the Licenced activity; (d) Whether the conduct of the licence holder or other related circumstance afford reasonable grounds for belief that the carrying on of the business of the licence holder in respect of the premises for which the licence is sought would infringe on the rights or endanger the health or safety of any other members of the public; (e) The fee payable in respect of the licence has not been paid; (f) The applicant is in default with respect to any financial or other obligation to the Town. 9.1.5 Decision of the Licencing Appeal Committee (a) The decision of the Licencing Appeal Committee to refuse to issue a Licence, revoke a Licence or suspend a Licence may be subject to such terms as the Licencing Appeal Committee shall impose and shall be final; (b) Despite any of the provisions of this By-law, any proceedings may be disposed of by a decision of the Appeal Committee given: (i) Without a hearing; or (ii) Without compliance with any other requirements of the Statutory Powers Procedure Act or of this By-Law, where the licencee has waived such hearing or compliance. SECTION 10 ENFORCEMENT AND PENALTIES 10.1 Enforcement 147 Page 23 of 24 Municipal Law Enforcement Officers, Licencing Officer, Peace Officers, Police or any other Person designated by Council may enforce this By-law. 10.2 Obstruction No person shall hinder or obstruct or attempt to hinder or obstruct, any person exercising a power or performing a duty under this By-law. 10.3 Offence and Penalty Every Person who contravenes any of the provisions of this by-law is guilty of an offence pursuant to Section 429 of the Municipal Act, 2001. S.O. 2001, c.25 and all contraventions of this bylaw are designated continuing offences. 10.4 Offence by an Individual Every Person, excluding a corporation, who is convicted of an offence under this by-law, is liable to a fine as stipulated by the set fines as attached to this by-law or as stipulated by the Provincial Offences Act R.S.O. 1990,CHAPTER P.33. 10.5 Offence by a Corporation Every corporation who is convicted of an offence under this by-law is liable to a maximum fine of Fifty Thousand Dollars ($50,000) for the first offence and a maximum fine of One Hundred Thousand Dollars ($100,000) for any subsequent offence in accordance with the Municipal Act, 2001, S.O. 2001,c 25 and Provincial Offences Act R.S.O. 1990, CHAPTER P.33. 10.6 Multiple Offences The conviction of an offender for the breach of any provision of this By-law shall not operate as a bar to a prosecution against the same offender upon any subsequent or continued breach of any provisions of this By-law. 10.7 Court Order If this By-law is contravened and a conviction entered, the court in which the conviction is entered and any court that has jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed, make an order prohibiting the continuation or the repetition of the offence. SECTION 11 PARTIAL INVALIDITY 11.1 Application of By-Law If any term of this By-Law or the application thereof shall to any extent be invalid or unenforceable, the remainder of this By-Law and/or the application of such term to circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term of this By-Law shall be separately valid and enforceable to the fullest extent permitted by law. SECTION 12 REPEAL OF PREDECESSOR BY-LAW 148 Page 24 of 24 12.1 Repeal That By-Law No. 2995 and any amendments thereto, of The Corporation of Town of Tillsonburg are hereby repealed in its entirety. SECTION 13 EFFECTIVE DATE 13.1 Effective Date The effective date of this By-Law shall be the date of passage thereof. Read a first and second time this day of, 2016. Read a third and final time and passed this day of , 2016 _____________________________ Mayor – Stephen Molnar ______________________________ Town Clerk - Donna Wilson 149 Page 1 of 24 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4051 A BY-LAW for the licensing, regulating and governing of vehicles for hire within the municipality, including Group Transportation Vehicles, Limousines, Accessible Taxicabs, Taxicabs, owners and drivers. WHEREAS subsection 151(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (Municipal Act, 2001), provides that without limiting sections 9, 10 and 11, 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 licence; (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 established by the municipality. 2006, c. 32, Sched. A, s. 82. AND WHEREAS subsection 151(5) of the Municipal Act, 2001 provides that subsection 151(1-4) applies with necessary modifications to a system of licences with respect to any activity, matter or thing for which a by-law may be passed under sections 9, 10 and 11 as if it were a system of licences with respect to a business; AND WHEREAS subsection 156(1) of the Municipal Act, 2001 authorizes a municipality in a by-law under with respect to the owners and drivers of taxicabs to: (a) Provide for the collection of the rates or fares charged for the conveyance; and (b) Limit the number of taxicabs or any class of them. AND WHEREAS the Council of the Corporation for the Town of Tillsonburg considers it in the public’s interest for the purposes of health and safety and in the interest of consumer protection to pass such a by-law; AND WHEREAS the Council of the Corporation for the Town of Tillsonburg delegates the legislative powers under this By-law to the Licencing Officer, including without limitation the power to issue and impose conditions on a licence, as such power is minor in nature with regard to the number of people, the size of geographic area and the time 150 Page 2 of 24 period affected by an exercise of the power in accordance with subsections 23.2 (4-5) of the Municipal Act, 2001; NOW THEREFORE Council hereby enacts the following: SECTION 1 SCOPE OF BY-LAW 1.1 SHORT TITLE This By-law, as amended from time to time, shall be known as the “Taxi By-law.” 1.2 INTENT AND SCOPE The purpose of this By-law is to regulate Group Transportation Vehicle, Limousine and Taxicab Owners, Drivers and Vehicles used for hire or any class or classes thereof within the Town of Tillsonburg. SECTION 2 DEFINITIONS & INTERPRETATION 2.1 DEFINITIONS The terms set out below shall have the following meanings in this By-law: “Accessible Formats” means an alternate format that allows people with disabilities to access information in a manner other than how the format was originally delivered, and may include, but is not limited to, large print and Braille; “Accessible Taxicab” means a class of taxicab which is designed or modified to be used for the purpose of transporting persons with disabilities and is used for that purpose, whether or not the vehicle is also used to transport persons without disabilities, as defined in Section 1 of R.R.O. 1990 Regulation 629: Accessibility Vehicles made under the Highway Traffic Act; “Accessible Taxicab or Taxicab Driver” means a person who is licenced as such or required to be licenced as such under this By-Law and includes a taxicab owner who drives a taxicab; “Accessible Taxicab or Taxicab Owner” means a person who is licensed as such or required to be licenced as such under this By-law and includes a lessee, licenced under this By-law of a taxicab owner’s vehicle; “Accessible Taxicab or Taxicab Plate” means an identification plate issued by the Town containing the words “TAXI”, “Town of Tillsonburg”, a number and current year sticker, to be attached to the rear of the taxicab, and for accessible taxicabs only, a sticker showing the international symbol of accessibility;“Annual Licence” means a licence issued to the applicant which expires at 11:59 p.m. on April 14th of a given year. 151 Page 3 of 24 “Applicant” means an individual, proprietorship, limited partnership or corporation that applies for a Licence under this By-Law with the Town of Tillsonburg; “Call” within the meaning of this By-law shall include a request or direction for the use of a taxicab transmitted by radio, or by personal request of a prospective passenger or received in any other manner. “Carry on” when used in reference to a taxicab business means to continuously operate, engage, drive, or make a taxicab available for the conveyance of passengers or property for hire or reward and includes waiting for, accepting, or dispatching orders; “Clerk” means the Clerk of the Corporation of Town of Tillsonburg; “Conveyance” means to carry, transport, transfer or move. “Council” means the municipal Council of the Corporation of Town of Tillsonburg; “Driver” means a person who is licenced to drive a motor vehicle pursuant to this By- law; "Fare" means the amount of money required for payment for the conveyance of passenger(s) or product(s); “Group Transportation Vehicle” means a vehicle which is available for providing a conveyance service for a fare and operates on an established route and flex route schedule. Passengers are picked up along the established route/flex route and pay the fare upon embarking on the Group Transportation Vehicle. This does not include an Accessible Taxicab, Taxicab, Limousine, or Public Vehicle as defined in the Public Vehicles Act. “Group Transportation Vehicle Driver” means a person who holds a Group Transportation Vehicle Driver’s Licence as issued under this By-law; “Group Transportation Vehicle Owner” means a person, proprietorship, limited partnership, corporation or other entity who holds a Group Transportation Vehicle Owner licence as issued under this By-law which carries on the business of transporting passengers for a fare in the Town of Tillsonburg; "Licence" for the purpose of this By-law, refers to a valid and current licence as issued by the Town of Tillsonburg which permits a person to carry on or engage in the passenger conveyance business and is also a requirement for the Drivers of Group Transportation Vehicles, Limousines and Taxicab and for each Vehicle licenced under the provisions of this By-law. Licences shall expire at 11:59 p.m. on April 14th of a given year; “Licencee” is the holder of a valid and current Licence as issued by the Town of Tillsonburg under this By-law; “Licence Appeal Committee” means a committee comprised of the Chief Building Official, CAO or designate, one member of the BIA and one member of the Chamber of Commerce whose role is to review and make a decision in regards to an appeal submitted by an Applicant or Licensee. "Licencing Officer” means the Municipal By-law Officer for the Town of Tillsonburg; “Limousine” means a motor vehicle kept or used for hire for the conveyance of Passengers by reservation only and solely on an hourly basis, which has seating for no 152 Page 4 of 24 more than the manufacturer’s specified number of Passengers and a sufficient number of seat belts for each Taxi Driver and Passenger, and shall not include a Taxicab; “Limousine Driver” means a person who holds a Limousine Driver’s Licence as issued under this By-law; “Limousine Owner” means a person, proprietorship, limited partnership, corporation or other entity which holds a Limousine Owner’s Licence as issued under this By-law which carries on the business of transporting passengers in the Town of Tillsonburg; “Motor Vehicle” means a motor vehicle defined in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended; “Municipal Law Enforcement Officer” means the person(s) so appointed by the Council of the Corporation of Town of Tillsonburg, and for the purposes of this By-Law shall include a member of the Oxford O.P.P. or appropriate police agency; “Non-Profit/Not-For Profit Organization” means an organization with a constitution, by-laws and a Board of directors. They are registered/incorporated as a not-for-profit organization, are able to provide their not-for-profit number and operate within the Town of Tillsonburg. “Passenger” means any person(s) in a taxicab, limousine or Group Transportation Vehicle other than the driver who has hired the owner or driver for (a trip) for the purposes of transporting them from one location to another; “Person” includes any individual, partnership, firm, association or corporation; “Police Security Clearance Record Check” means particulars of a criminal record which shall include a: (a) Vulnerable sector police search and search of the pardoned sexual offender’s data base, dated within thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; “Public Vehicle” means a motor vehicle operated on a highway by, for or on behalf of any person for the transportation for compensation of passengers, or passengers and express freight that might be carried in a passenger vehicle, but does not include the cars of electric or steam railways running only upon rails, taxicabs, nor motor vehicles operated solely within the limits of one local municipality, as defined in the Public Vehicles Act, R.S.O. 1990, c.P.54; “Service Animal” means an animal that is (a service animal for a person with a disability) trained to perform specific functions and services to assist a person with a disability, (a) If it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or (b) If the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability; (c) And shall include a guide dog as defined in Section 1 of the Blind Persons Rights' Act, R.S.O. 1990, Chapter B.7. 153 Page 5 of 24 “Tariff Card” means a card which displays the current Fares/Rate Schedule of the Vehicle for Hire business as approved and issued by the Licencing Officer; “Taxicab” means a motor vehicle hired for the transportation of a passenger(s) for a fare, but shall not include a public vehicle as defined by the Public Vehicles Act, R.S.O. 1990, c. P.54, as amended; “Taxicab Owner” includes an owner or lessee of a taxicab vehicle, and includes any person, proprietorship, limited partnership, corporation or other entity which carries on the business of transporting passengers in the Town of Tillsonburg; “Taximeter” means a measuring device used in a taxicab to calculate the fare payable for a trip; “Town” means The Corporation of Town of Tillsonburg; “Trip” means the conveyance of a passenger(s) and/or product(s) from one location to another as agreed upon between the vehicle driver and passenger(s); “Vehicle for Hire” means a Group Transportation Vehicle, Limousine or Taxicab as described within this By-law which is used for the purpose of conveying passengers or products from one location to another for an established fee. This does not include delivery/courier vehicles, courtesy vehicles, passenger transportation services under contract with a school, a board of education, a community service agency or similar type of organization. SECTION 3 LICENCING 3.1 Classes of Licences (a) The following classes of licences are required for the operation of a Vehicle for Hire in the Town of Tillsonburg and the licence holder shall procure and maintain a licence(s) in good standing: (i) Group Transportation Vehicle/Limousine/Taxicab Business Owner (ii) Group Transportation Vehicle/Limousine/Taxicab Driver (iii) Group Transportation/Limousine/Taxicab Vehicle 3.2 Issuance & Expiry of Licences (a) All licences issued shall be signed by the Licencing Officer, or designate, and the signature may be stamped, printed or mechanically reproduced on the Licence; (b) All licences shall be in a form approved by the Town of Tillsonburg, as may be amended from time to time; (c) The Expiry Date for all Annual Licences issued under this By-law shall be April 14th at 11:59 p.m of each year. 154 Page 6 of 24 3.3 General Licencing Regulations (a) For the purposes of this By-Law a person, proprietorship, limited partnership, corporation or other entity is carrying on or engaging in the Vehicle for Hire business when: (i) Providing a conveyance service wholly within the Town of Tillsonburg or from any point in the Town of Tillsonburg to any point outside the Town of Tillsonburg; or and (ii) The usual business address of the person, proprietorship, limited partnership, corporation or other entity which is the registered owner of the Vehicle for Hire business, is within the Town of Tillsonburg. (b) No person, proprietorship, limited partnership, corporation or other entity shall act as a business Owner for the purpose of providing Vehicles for Hire as provided for under this by-law without being licenced; (c) No person shall operate a Vehicle for Hire within the boundaries of the Town of Tillsonburg without being licenced as a Driver under this By-law; (d) No motor vehicle shall be operated as a Vehicle for Hire within the boundaries of the Town of Tillsonburg without being licensed under this By-law; (e) No Licences issued under subsection (a-c) are transferable; (f) A Vehicle for Hire Business Owner shall not permit any person to operate a vehicle registered to that business as included under the Licence for that business for the purposes of conveying passengers or products within the boundaries of the Town of Tillsonburg unless both the vehicle and driver hold a valid and current Licence issued by the Town of Tillsonburg. (g) An application for a Licence or the issuance of a Licence pursuant to the provisions of this By-law does not relieve the applicant or licencee as the case may be, from the obligation to comply with all other applicable by- laws of the Town of Tillsonburg and laws of the Province of Ontario and the Government of Canada. 3.4 Applying for a Licence 3.4.1 Group Transportation Vehicle, Limousine & Taxicab Business Owner Licence Each Group Transportation Vehicle, Limousine or Taxicab Business Owner in the Town of Tillsonburg, shall submit the following information to the Licencing Officer when applying for or renewing a licence to operate a Vehicle for Hire Business; (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fees By- law; (c) The particulars of a criminal record which shall include a Vulnerable Sector police search and search of the pardoned sexual offenders 155 Page 7 of 24 database, dated within the last thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; (d) A Vehicle for Hire driver’s licence must be obtained as per section 3.4.2 if the Business Owner intends to operate a vehicle; (e) A Certificate of Insurance in the amount of $2,000,000.00. 3.4.1.1 Change of Ownership: (a) A Licencee, including a person, partnership, firm, association or corporation, shall notify the Licencing Officer a minimum of fifteen (15) business days prior to any change in the actual or legal control of the business to which the Licence relates; (b) In all cases relating to the change of the legal control of a business, the issuance of a new Business Licence is required. (c) All information must be submitted in full a minimum of ten (10) business days prior to the issuance of a Group Transportation Vehicle, Limousine or Taxicab Owners Licence. 3.4.1.2 Refusal of an Application: The Licencing Officer shall refuse an application for a Group Transportation, Limousine or Taxicab Business Owner Licence under the following conditions: (a) An incomplete application has been submitted and upon request has not been rectified; (b) The applicant has been convicted of an offence under this or any other legislation relating to vehicles for hire in Canada; (c) The applicant has outstanding fines owing to the Town of Tillsonburg; (d) There is other information known to the Licencing Officer that provides a reasonable expectation that the applicant will not carry on the business with honesty and integrity; (e) The applicant previously held a Group Transportation, Limousine or Taxicab Business Licence which was suspended or revoked; (f) In the case of a Taxicab Business, the Owner has not provided off- street parking for the number of Accessible Taxicab or Taxicab vehicles for which a Licence is being applied for; (g) The applicant has not satisfied the Licencing Officer of the proper zoning on the location where the business will operate from; (h) Processing of an application would be contrary to an order of the Licence Appeal Committee or other level of court; 156 Page 8 of 24 (i) A decision to refuse to process an application for a Group Transportation Vehicle, Limousine or Taxicab Business Licence is appealable to the Licence Appeal Committee. 3.4.2 Group Transportation Vehicle, Limousine, Taxicab Driver’s Licence Each Group Transportation Vehicle, Limousine or Taxicab Driver shall submit to the Licencing Officer the following information when applying for or renewing a Licence to operate a Vehicle for Hire: (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fee’s By- law; (c) The particulars of a criminal record which shall include a Police Vulnerable Sector Check, dated within the last thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; (d) The particulars of a driving abstract, dated within the last thirty-six (36) days, as provided by the Ministry of Transportation or other police agency; (e) In the case of an Accessible Taxicab, the driver must furnish proof of having completed a Training program with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities at the time of the application; (f) All information must be submitted in full a minimum of ten (10) business days prior to the issuance or renewal of a Group Transportation Vehicle, Limousine or Taxicab Drivers Licence. 3.4.2.1 Refusal of an Application: The Licencing Officer shall refuse an application for a Group Transportation Vehicle, Limousine or Taxicab Driver Licence or renewal under the following conditions: (a) A Driver has not sufficiently completed the required forms; (b) A Driver has failed to pay the licencing fee at the date of the application; (c) The Driver has been convicted of a criminal offence during the preceding five (5) years for which a pardon has not been granted; (d) The Driver has been convicted of an indictable offence at any time under any statute of Canada, including but not limited to the Criminal Code of Canada or the Controlled Drug & Substances Act; (e) The Driver is the subject of an outstanding criminal charge(s) or a Careless Driving charge(s) at the date of the application; 157 Page 9 of 24 (f) The issuance of a licence is contrary to a ban or suspension placed upon the Driver by the Licence Appeal Committee. 3.4.3 Group Transportation, Limousine or Taxicab Vehicle Licence The owner or lessee of a Group Transportation Vehicle, Limousine or Taxicab is required to submit the following information to the Licencing Officer when applying for or renewing a Licence for a Vehicle for Hire: (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fees By- law; (c) Particulars of the vehicle to be used for hire including; (i) Proof of ownership of the vehicle; (ii) A current Safety Standards Certificate, dated within thirty-six (36) days of the application accompanied by the Motor Vehicle Inspection Report; (iii) A certificate of Insurance in the amount of $2,000,00.00. (d) In respect of any vehicles using propane or natural gas fuel, a certificate from a person qualified to provide such certificate as per the requirements of the Ministry of Transportation and Technical Safety Standards Association; (e) In respect of an Accessible Taxicab, a certificate from a qualified person to the effect that the equipment which renders the Taxicab an Accessible Taxicab is safe and in proper working order; (f) Every owner shall submit the vehicle(s) for examination or inspection before a licence is issued; (g) Furnish any evidence or information required by the Licencing Officer or their designate to show that the vehicle proposed for the business meet all requirements of this By-law for licencing; 3.4.3.1 Refusal of an Application The Licencing Officer shall refuse an application for a Group Transportation, Limousine or Taxicab Vehicle Licence or renewal under the following conditions: (a) A Vehicle Licence is currently under suspension or has been revoked by the Licence Appeal Committee; (b) An incomplete application has been submitted and upon request, the form has not been rectified; (c) The vehicle for which the application is being submitted is considered unfit and does not meet the minimum basic safety standards to drive on Ontario roads; 158 Page 10 of 24 (d) The applicant has been convicted of an offence under the Taxi By- law or any other legislation relating to vehicles for hire in Canada; (e) The applicant has outstanding fines owing to the Town of Tillsonburg; (f) There is other information known to the Licensing Officer that provides a reasonable expectation that the applicant will not carry on business with honesty and integrity. SECTION 4 SUSPENSION OR REVOCATION OF DRIVER’S LICENSE 4.1 Suspension/Revocation of a Group Transportation, Limousine or Taxicab Driver’s Licence The Licensing Officer or his/her designate shall suspend, revoke or fail to renew any Group Transportation, Limousine or Taxicab Driver’s Licence under the following conditions: (a) The Licencing Officer becomes aware that the Licencee is not meeting any one of the requirements of issuance under the initial Licence application process; (b) The Licencee’s Ontario Driver’s Licence is suspended for any reason; (c) The Licencee is charged with an offence under the Criminal Code of Canada or the Controlled Drug & Substances Act; (d) The Licencee is charged with an offence under the Liquor License Act for the Province of Ontario if the charge relates in any way to the use or operation of a Vehicle for Hire; (e) The Licencing Officer may suspend, revoke or fail to renew a licence for any other matter of non-compliance by a Licencee as outlined in this By-law. 4.2 Upon Suspension or Revocation of a License A Group Transportation Vehicle, Limousine or Taxicab Driver shall immediately surrender his/her Licence as issued by the Town of Tillsonburg to the Licencing Officer in the event that such Licence has been suspended or revoked. The Licencee may file with the Clerk or Designate, an appeal application within fifteen (15) days of being notified of the suspension or revocation of the said licence. A suspension or revocation of a Group Transportation Vehicle, Limousine or Taxicab Vehicle Licence due to safety reasons or failure to provide a valid Safety Standards Certificate within the allotted time frame is not appealable. The decision of the Licence Appeal Committee is final. 159 Page 11 of 24 4.3 Driver Conduct Any of the following infractions can result in a Driver of a Vehicle for Hire as licensed under this By-law facing Suspension, Revocation or Non-Renewal of a Licence: (a) The use of discourteous language or profanity in front of a customer; (b) Overcharging a customer or other similar abuse; (c) Smoking or allowing customers to smoke in the vehicle; (d) Repeated failure to maintain the vehicle in a neat and clean fashion; (e) Operating a vehicle in contravention of any other sections of this By-law; (f) Failure to surrender a Licence as issued by the Town of Tillsonburg immediately to the Licencing Officer upon conviction of a criminal offence or Careless Driving charge. SECTION 5 GENERAL PROVISIONS-VEHICLE REQUIREMENTS 5.1 Vehicle Condition All Vehicles for Hire shall be kept clean and orderly at all times both on the exterior and interior and this includes: (i) No visible rust; (ii) No visible dents; (iii) Paint on the vehicle must be uniform and consistent; (iv) Any trash must be placed in an appropriate receptacle; (v) The exterior of vehicles must be washed regularly and should not have an accumulation of dust or dirt; (vi) Interiors of vehicles must be cleaned and vacuumed regularly. 5.2 Safety Standards Certificate (a) A Safety Standards Certificate, which confirms that a Vehicle for Hire meets the minimum basic safety standards to drive on Ontario roads as provided by the Ministry of Transportation, and completed by a mechanic which is qualified as a certified inspector, shall be submitted within the last thirty-six (36) days when an application is being made for a Group Transportation, Limousine or Taxicab Business License or in the event of an application or renewal being submitted for a Group Transportation, Limousine or Taxicab Driver’s Licence or Vehicle License. (b) When the Licencing Officer or any Municipal Law Enforcement Officer believes, on reasonable grounds, that a Vehicle for Hire or its equipment is not safe, they may issue an order in writing requiring that the licencee 160 Page 12 of 24 produce a valid Safety Standards Certificate relating to that vehicle dated after the date of notice; (c) No Driver shall operate and no Owner or Licensee shall permit to operate a Vehicle for Hire after receipt of notice referred to in sub-section (b), until the Licencing Officer or Municipal Law Enforcement Officer has been provided with a valid Safety Standards Certificate as required in this section; (d) If a Licencee does not produce a valid Safety Standards Certificate within ninety-six (96) hours of receiving the notice referred to in this section, the Licencing Officer or his/her designate shall suspend the Vehicle Licence; (e) The revocation of a Vehicle Licence for safety reasons or failure to provide a valid Safety Standards Certificate within the allotted time frame is not appealable. The Applicant is required to apply for a new Vehicle Licence and submit a valid Safety Standards Certificate along with the required application fee and supporting documentation. 5.3 Proof of Insurance (a) A licenced Group Transportation Vehicle, Limousine or Taxicab Business Owner and a driver employed by him/her shall produce, in respect of any Vehicle for Hire being operated by the driver, evidence of insurance, as required under this By-law forthwith upon demand of the Licencing Officer, or a Municipal Law Enforcement Officer; (b) If a licenced Group Transportation Vehicle, Limousine or Taxicab Business Owner or a driver employed by him/her does not produce evidence of insurance when demanded pursuant to this section, the Licencing Officer shall suspend the Licence forthwith; (c) In instances where the inability to provide insurance is related to the Group Transportation, Limousine or Taxicab Business Licence, all Licences issued underneath that business to vehicle drivers and for the vehicles shall also be suspended; (d) If by the end of the next regular business day following the day of suspension of the licence, the Licencee has provided adequate Proof of Insurance to the Licencing Officer, such licence shall be reinstated. The Licencing Officer shall not reinstate a licence that has been suspended if adequate proof of insurance has not been provided by the end of the next regular business day following the date of suspension. All the related licences shall be revoked and such revocation is not appealable; (e) The Licencing Officer shall reinstate a licence that has been suspended if within (15) days of revocation, the Taxicab Business Owner provides adequate Proof of Insurance along with all the fees associated with a new Licence for the Group Transportation, Limousine or Taxicab Business and /or vehicles. New licences will be issued without a full application process being required except in instances when the timing of such issuance would require the annual renewal process. 161 Page 13 of 24 SECTION 6 GENERAL PROVISIONS RELATING TO GROUP TRANSPORTATION VEHICLE, LIMOUSINE AND TAXICAB BUSINESS OWNERS & DRIVERS 6.1 Requirements of Group Transportation Vehicle, Limousine and Taxicab Business Owners The following general provisions apply to all Group Transportation Vehicle, Limousine and Taxicab Owners and Drivers as required to be licenced under this By-Law: 6.1.1 Every Group Transportation Vehicle, Limousine and Taxicab Business Owner shall: (a) Submit his/her vehicle(s) as licensed under this By-law for examination or inspection at any time when required by the Licencing Officer or their designate; (b) Investigate immediately, any mechanical defect in his/her Group Transportation Vehicle, Limousine or Taxicab reported to him/her by a Driver or any other person; (c) Report any change of his/her business address or his/her residence address to the Licencing Officer within two (2) business days of the change; (d) Ensure that every Driver of a vehicle used for the business as licenced under this By-law provides, or will arrange for the provision of accessible formats relating to ridership rates and fees upon request and shall notify the public about the availability of accessible formats; (e) Notify the Licencing Officer forthwith if any Driver of a vehicle used for the conveyance service business as licenced under this By-law; (i) Is the subject of charges under the Criminal Code of Canada or the Controlled Drug & Substances Act or, (ii) Has been convicted of a criminal offence. (f) In the case of Taxicab Owners, affix a sign on the roof of each licenced Taxicab used for hire identifying the vehicle as an Accessible Taxicab or Taxicab; (g) Ensure that an Accessible Taxicab or Accessible Group Transportation Vehicle used for the Vehicle for Hire business meet the requirements, as defined in R.R.O Regulation 629, Vehicles for the Transportation of Physically Disabled Person as made under the Highway Traffic Act, and that all Accessible Taxicab and Accessible Group Transportation vehicle Drivers have completed the necessary training with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities; (h) In the case of Taxicabs shall ensure that no person employed by him or her shall carry any radio equipment, radio scanners or other 162 Page 14 of 24 equipment capable of monitoring radio calls other than the equipment used or required to transmit or receive broadcasts or signals from the radio dispatcher for whom the Driver is working; (i) Install an Taxicab Plate to the rear of the taxicab; 6.1.2 No Group Transportation Vehicle, Limousine or Taxicab Business Owner shall: (a) In the case of a Taxicab, permit any advertisement to be displayed on any licenced Accessible Taxicab or Taxicab with the exception of one roof advertising topper as approved by the Licencing Officer or designate; (b) Permit a Vehicle for Hire as licenced under this By-law to be operated if the vehicle or its equipment is unsafe; (c) Permit a vehicle to be operated unless it is insured as required by this By-law; (d) Permit any person, other than a Driver licenced under this By-Law and employed by him/her to operate his/her licenced vehicle(s); (e) Prevent or hinder a person authorized by the Licencing Officer from entering a licenced vehicle owned by him/her for the purpose of inspecting such vehicle; (f) Permit a licenced vehicle in respect of which a mechanical defect has been reported to him/her, to be operated until he or she has inspected and ensured that the mechanical defect, if any, has been corrected; (g) Permit a Driver to operate a licenced vehicle owned by him/her unless the Driver complies with all licencing requirements as provided for in this By-law, including maintaining and submitting a daily trip record; (h) Permit anyone to smoke in vehicle licenced under this By-law in accordance with the Smoke-Free Ontario Act. 6.2 Requirements of Group Transportation Vehicle, Limousine and Taxicab Drivers 6.2.1 Every Driver shall: (a) Maintain in good standing, a valid and subsisting Driver's Licence as issued by the Province of Ontario; (b) List on his/her application for a Group Transportation Vehicle, Limousine or Taxicab Driver’s Licence or any renewal application, all employers for whom he or she is currently working for as a Driver; (c) Notify the Licencing Officer forthwith of any change in his/her employment as a Driver of a Vehicle for Hire; 163 Page 15 of 24 (d) Report any change of address to the Licencing Officer within two (2) business days of the change; (e) Notify the Licencing Officer immediately if they: (i) Are the subject of charges under the Criminal Code of Canada or the Controlled Drug & Substances Act; (ii) Has been convicted of a criminal offence; (iii) Has had their Provincial Driver’s Licence suspended for any reason. (f) Produce his/her license to permit the change to be entered hereon at the time of notification of the change; (g) Inspect each vehicle as licenced under this By-law which he/she intends to operate at the commencement of each work shift and at the conclusion of each work shift and shall maintain a log of each inspection; (h) Report any mechanical defects which are disclosed during these inspections forthwith to the Group Transportation Vehicle, Limousine or Taxicab Business Owner; (i) Submit the Vehicle for Hire in his/her care and control for examination or inspection at any time to the Licencing Officer or their designate upon request; (j) Report to his/her employer forthwith, any accident in which the Group Transportation Vehicle, Limousine or Taxicab Driver has been involved in while operating a Vehicle for Hire on behalf of the business; (k) Return a Vehicle for Hire to his/her employer promptly at the conclusion of the Driver's work shift if required by the Group Transportation Vehicle, Limousine or Taxicab Business Owner; (l) Produce to a Police Officer or a Municipal Law Enforcement Officer, upon demand of that officer, his/her Group Transportation Vehicle, Limousine or Taxicab Driver's Licence as issued pursuant to this By-law; (m) Produce to a Police Officer or a Municipal Law Enforcement Officer, upon demand of that officer, his/her Driver's Licence as issued by the Province of Ontario; (n) Attend at the identified Town of Tillsonburg location, once the Group Transportation Vehicle, Limousine or Taxicab Driver's Licence has been issued, to obtain a photo identification card; (o) In the case of an Accessible Taxicab, ensure wheelchairs are securely anchored to the vehicle prior to providing an Accessible Taxicab Service and ensure that the vehicle meets the requirements as defined in R.R.O Regulation 629, Vehicles for the Transportation of Physically Disabled Person as made under the Highway Traffic Act; 164 Page 16 of 24 (p) Provide or arrange for the provision of accessible formats upon request and shall notify the public about the availability of accessible formats; (q) In the case of Taxicabs, every Taxicab driver shall serve the first person requiring the service of his/her Taxicab at any place within the area municipality to which the Taxicab Business Owner’s Licence relates any time, unless: (i) He/she has reasonable concerns for his/her safety; (ii) He/she has reasonable concerns that his/her fare may not be paid, or; (iii) He/she has made prior arrangements to accept another Passenger, the proof of which lies upon the Taxicab Driver in any proceeding under this By-law. (r) Deliver all property or money found in his/her Vehicle for Hire immediately to the owner thereof, or if the owner cannot be located immediately, to the nearest police station together with any information concerning the owner of the property or money which is in the possession of the vehicle Driver. 6.2.2 No Group Transportation Vehicle, Limousine or Taxicab Driver shall: (a) Operate any Motor Vehicle required to be a Vehicle for Hire unless he/she has a valid and subsisting Driver's Licence as issued by the Province of Ontario; (b) Operate any vehicle required to be a Vehicle for Hire unless such vehicle has been issued a licence for such purposes by the Town of Tillsonburg; (c) While having care and control of a Vehicle for Hire, permit any person, other than another Driver licenced under this By-Law, to operate the said vehicle; (d) Operate a Vehicle for Hire unless the license issued by the Licencing Officer containing his/her name is affixed in the place in the vehicle approved by the Licencing Officer and in such manner that the same is plainly visible to and readable by Passengers; (e) Operate a Vehicle for Hire if he/she reasonably believes the vehicle or its equipment is unsafe; (f) Operate a Vehicle for Hire that is not insured as required by this By- law; (g) Prevent or hinder a person authorized by the Municipal By-law Officer from entering the licenced Vehicle for Hire in the care and control of the Driver for the purpose of inspecting the vehicle or its equipment; 165 Page 17 of 24 (h) Operate a Vehicle for Hire which contains more occupants than the number of seatbelts available for occupancy or in the case of a Group Transportation Vehicle, the maximum number of occupants permitted for that model of vehicle; (i) Permit anyone to smoke in the Vehicle for Hire in accordance with the Smoke-Free Ontario Act; (j) In the case of an Accessible Taxicab, drive or act as a driver of any Accessible Taxicab without first having completed a Training Program with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities, and providing written proof of which shall be provided to the Licencing Officer when applying for or renewing a prior to the issuance of any Accessible Taxicab Driver’s Licence; (k) In the case of Taxicabs, take on any additional passenger(s) when the Taxicab is being used for the Transportation of children to and from school after the commencement of the trip without the consent of the first passenger taken on during that trip, unless emergency conditions exist; (l) Knowingly mislead or deceive any passenger or potential passenger as to the location or distance to a place to which the passenger or potential passenger intends or wishes to travel; (m) A Driver of a licenced Vehicle for Hire should not operate the vehicle unless: (i) The interior and exterior of the vehicle are clean and in good repair; (ii) The vehicle and its equipment are free from mechanical defects. SECTION 7 GENERAL PROVISIONS RELATING TO GROUP TRANSPORTATION VEHICLE & TAXICAB FARES & TRIP RECORDS 7.1 Charging of Fares 7.1.1 Every Group Transportation Vehicle and Taxicab Business Owner shall: (a) Provide a Driver upon request a receipt for monies turned over to the Owner by the Driver at the end of the Driver’s shift; (b) Provide upon request by the Licencing Officer, all particulars of an agreement entered into relative to the charging of fares including any written contract or other documents, and any invoices, receipts or other evidence of payment; 166 Page 18 of 24 (c) Charge fares and ensure that a Group Transportation Vehicle or Taxicab driver which operates a licensed vehicle on behalf of their business charge fares in accordance with the Tariff Card as provided by the Licencing Officer and displayed within the Vehicle for Hire. (d) Review fares as required and provide any proposed fare adjustments to the Licencing Officer for review and approval. If a conflict or concern related to any proposed fees is identified, the Licencing Officer shall provide the information to the Licencing Appeals Committee for review. (e) Provide public notification a minimum of sixty (60) days of any proposed changes in fare rates as approved by the Licencing Officer or the Appeal Committee. 7.1.2 Every Taxicab Driver shall: (a) Display a current Tariff Card as provided by the Licencing Officer, setting out the established fare/rates to be charged for the conveyance service. Such fare shall include the standard rate for in-Town conveyance services, or in accordance with an agreement reached for trips outside of Town boundaries. The Tariff Card shall be displayed in a conspicuous place in the Vehicle for Hire so as to be conveniently seen and read by passengers and will indicate the same number as shown on the Taxi plate attached to the rear of the vehicle and inform passengers that accessible formats are available upon request; (b) Charge rates to passengers in accordance with the Fare/Rate Schedule as set out on the tariff card, or in accordance with the agreement reached if the fare is being charged for trips outside of town boundaries; (c) Permit a person with a disability who is accompanied by a service animal to travel with the service animal in the Vehicle for Hire; (d) Provide upon the request of the passenger, a receipt of the fare paid showing the amount of the fare paid, the vehicle licence plate number and the date; (e) Provide all particulars of an agreement entered into relative to the charging of fares, including any written contract or other document, and any invoices, receipts or other evidence of payment, immediately upon request of the Licencing Officer; (f) In the case of a Taxicab, the Driver shall follow the shortest possible route to the destination requested by a Passenger unless the Passenger designates another route; 167 Page 19 of 24 (g) In the case of the Group Transportation Vehicle, the Driver shall follow the established schedule and flex route for the conveyance of passengers. 7.1.3 No Group Transportation Vehicle or Taxicab Driver shall: (a) Charge a higher fare or an additional fee for persons with disabilities than that for persons without disabilities for the same trip; (b) Charge a fee for the storage of mobility aids or mobility assistive devices; (c) Charge an additional fee to a person with a disability travelling with a service animal. 7.2 Maintenance of Daily Trip Records 7.2.1 A Group Transportation Vehicle, Limousine or Taxicab Business Owner shall: (a) Ensure that all licenced Drivers which operate a Group Transportation Vehicle, Limousine or Taxicab vehicle used for his/her business and licenced under this By-law maintain a Trip Record; (b) Keep the Trip Records from all the licenced Driver’s which work for them for a period of at least twelve (12) months; and (c) Permit any person authorized by the Licencing Officer to inspect the Trip Record(s) on the business premises, or remove the Trip Record(s) from the business premises for the purpose of inspection; (d) Ensure that Drivers of his/her licenced vehicle(s) charge rates to passengers in accordance with the Fare/Rate Schedule as set out on the tariff card issued by the Licencing Officer, or in accordance with an agreement for services pursuant to section 7.1.1(b). 7.2.2 Every Group Transportation Vehicle Driver shall: (a) Maintain a daily record of all scheduled routes made by him/her as a Driver of a Group Transportation Vehicle. The Record shall be prepared immediately upon the conclusion of a scheduled route and prior to the commencement of the next scheduled route, and shall contain the following information: (i) The point of origin and the point of conclusion of the route; (ii) The time when the route commenced and ended; (iii) The total number of passengers; (iv) The total number of stops made to pick up and or drop off passengers; (v) The total fare(s) collected. (b) Submit his/her daily record to the Group Transportation Vehicle Business Owner at the conclusion of each shift. 168 Page 20 of 24 7.2.3 Every Taxicab Driver shall: (a) Maintain a daily record of all trips made by him/her as a Driver of a licenced Taxicab. The Trip Record shall be prepared immediately upon the conclusion of a trip and prior to the commencement of the next trip, and shall contain the following information: (i) The point of origin and the point of conclusion of the trip; (ii) The number of passengers; (iii) The fare charged, and; (iv) The Ontario Licence plate number of the vehicle. (b) Submit his/her daily Trip Record to the Taxicab Business Owner at the conclusion of each shift. SECTION 8 INSURANCE 8.1 Insurance Coverage A Group Transportation Vehicle, Limousine or Taxicab Business Owner shall not permit his/her licenced Vehicle(s) for Hire to be operated unless: (a) He/she has procured and maintained in good standing, a Standard Automobile Insurance Policy providing for third party liability of at least $2,000,000.00 insurance coverage for the use designated in the licence and; (b) The Policy of Insurance contains an endorsement requiring that the insurer give to the Licencing Officer at least ten (10) days’ notice of any proposed cancellation or variation of the policy. SECTION 9 APPEAL PROCESS 9.1 Appealing the Decision of the Licencing Officer 9.1.1 Filing an Appeal (a) Where the Licencing Officer refuses to issue a Licence, suspends or revokes a Licence under this By-Law, the Applicant or Licencee may appeal this decision by filing with the Clerk or Designate, an appeal application of the said decision within fifteen (15) days of being notified of the decision. (b) The applicant shall pay to the Clerk of the Corporation the fee for the appeal as set out in the Town’s Rates & Fees By-Law at the time the appeal is filed. 169 Page 21 of 24 (c) The Clerk or Designate shall provide the Licencing Appeal Committee with a report as to the status of the licence. 9.1.2 Review Hearing Upon receipt of an appeal from an Applicant, the Committee shall hold a Review Hearing in accordance with the Statutory Powers Procedure Act and may, after the appropriate hearing is conducted, issue a Licence, refuse to issue a Licence, revoke a Licence or suspend a Licence and may make any suspension of a Licence subject to such terms or conditions as the Licencing Appeal Committee may prescribe and a decision made pursuant to the exercise of these powers is final and binding upon the applicant or any Licencee. 9.1.3 Notice Upon determination of the Review Hearing date, the Clerk or designate shall give notice in writing to the Applicant or Licencee. The notice shall include: A statement: (i) As to the time, date, place and purpose of the Review Hearing; and (ii) That, if the Applicant or Licencee does not attend the Review Hearing, the Licencing Appeal Committee shall proceed in the absence of the Applicant or Licencee and the Applicant or Licencee will not be entitled to any further notice. 9.1.4 Review by the Licensing Appeal Committee The Licencing Appeal Committee, in considering whether or not to issue a Licence, refuse to issue a Licence, or to revoke or suspend a Licence may have regard to the following: (a) Whether or not the Applicant or Licencee and the vehicles used for hire in connection with the carrying on of a business which is required to be Licenced, pursuant to this By-Law, complies with all requirements of this By-Law; (b) Whether or not the Applicant or Licensee has failed to promptly remedy any reasonable concern with regard to those matters set out in this By-Law or has committed past breaches of this By-Law; (c) Whether or not the Applicant or Licencee has failed to comply with any requirements of any other applicable By-Law of the Town or any local board thereof or of any statute, order-in-council or regulation of the Provincial Legislature or the Parliament of Canada or of any Agency, Board or Commission thereof, in, upon or in connection with the Licenced activity or vehicles used for hire in connection with the Licenced activity; 170 Page 22 of 24 (d) Whether the conduct of the licence holder or other related circumstance afford reasonable grounds for belief that the carrying on of the business of the licence holder in respect of the premises for which the licence is sought would infringe on the rights or endanger the health or safety of any other members of the public; (e) The fee payable in respect of the licence has not been paid; (f) The applicant is in default with respect to any financial or other obligation to the Town. 9.1.5 Decision of the Licencing Appeal Committee (a) The decision of the Licencing Appeal Committee to refuse to issue a Licence, revoke a Licence or suspend a Licence may be subject to such terms as the Licencing Appeal Committee shall impose and shall be final; (b) Despite any of the provisions of this By-law, any proceedings may be disposed of by a decision of the Appeal Committee given: (i) Without a hearing; or (ii) Without compliance with any other requirements of the Statutory Powers Procedure Act or of this By-Law, where the licencee has waived such hearing or compliance. SECTION 10 ENFORCEMENT AND PENALTIES 10.1 Enforcement Municipal Law Enforcement Officers, Licencing Officer, Peace Officers, Police or any other Person designated by Council may enforce this By-law. 10.2 Obstruction No person shall hinder or obstruct or attempt to hinder or obstruct, any person exercising a power or performing a duty under this By-law. 10.3 Offence and Penalty Every Person who contravenes any of the provisions of this by-law is guilty of an offence pursuant to Section 429 of the Municipal Act, 2001. S.O. 2001, c.25 and all contraventions of this bylaw are designated continuing offences. 10.4 Offence by an Individual Every Person, excluding a corporation, who is convicted of an offence under this by-law, is liable to a fine as stipulated by the set fines as attached to this by-law or as stipulated by the Provincial Offences Act R.S.O. 1990,CHAPTER P.33. 171 Page 23 of 24 10.5 Offence by a Corporation Every corporation who is convicted of an offence under this by-law is liable to a maximum fine of Fifty Thousand Dollars ($50,000) for the first offence and a maximum fine of One Hundred Thousand Dollars ($100,000) for any subsequent offence in accordance with the Municipal Act, 2001, S.O. 2001,c 25 and Provincial Offences Act R.S.O. 1990, CHAPTER P.33. 10.6 Multiple Offences The conviction of an offender for the breach of any provision of this By-law shall not operate as a bar to a prosecution against the same offender upon any subsequent or continued breach of any provisions of this By-law. 10.7 Court Order If this By-law is contravened and a conviction entered, the court in which the conviction is entered and any court that has jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed, make an order prohibiting the continuation or the repetition of the offence. SECTION 11 PARTIAL INVALIDITY 11.1 Application of By-Law If any term of this By-Law or the application thereof shall to any extent be invalid or unenforceable, the remainder of this By-Law and/or the application of such term to circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term of this By-Law shall be separately valid and enforceable to the fullest extent permitted by law. SECTION 12 REPEAL OF PREDECESSOR BY-LAW 12.1 Repeal That By-Law No. 2995 and any amendments thereto, of The Corporation of Town of Tillsonburg are hereby repealed in its entirety. 172 Page 24 of 24 SECTION 13 EFFECTIVE DATE 13.1 Effective Date The effective date of this By-Law shall be the date of passage thereof. Read a first and second time this day of, 2016. Read a third and final time and passed this day of , 2016 _____________________________ Mayor – Stephen Molnar ______________________________ Town Clerk - Donna Wilson 173 Report Title Provincial Gas Tax Funding Report No. FIN 16-34 Author JANELLE COSTANTINO Meeting Type Council Meeting Council Date NOVEMBER 28, 2016 Attachments None RECOMMENDATION THAT Council receives report FIN 16-34 Provincial Gas Tax Funding as information. EXECUTIVE SUMMARY This report is to provide Council with information regarding Provincial Funding for a Public Transit system. BACKGROUND The purpose of the Provincial Gas Tax program is to increase municipal transit ridership through the expansion of public transportation capital infrastructure and levels of service. Municipalities must use funding for expenditures that support ridership growth and are incremental to their spending on transit, and not to replace or reduce their contributions to transit. Funds can be used for both capital and operating expenses. Annual Gas Tax allocations are based on a formula of 70% ridership and 30% population. As this would be the Town’s first year applying to the program, our allocation will be based on a combination of population, T-GO ridership data and our budgeted commitment. The Town and T-GO have been working together with the Province to determine an anticipated funding level for 2016/2017. At the time of discussion, the Province had not been provided with the 2016/2017 funding envelope, therefore the 2015/2016 figures were used to estimate our allocation. Based on all the factors identified above, Tillsonburg can anticipate a maximum funding level of approximately $132,000. These funds do not need to be spent in a given year. The funds can be pooled and drawn as necessary. One stipulation of the Program is that the gas tax allocation cannot exceed 75% of municipal spending on transit, therefore, in order to reach the maximum funding level, the Town and T-GO would have to contribute approximately $176,000 ($132,000/75%). Municipal own spending includes passenger revenues, donations, and municipal contributions to operating and capital expenses. Page 1 / 2 Provincial Gas Tax Funding 174 The administration of the Gas Tax funding will be very similar to that of the Community Transportation Pilot Program (CTPP). The Town will receive and hold funding in a designated account. The CTPP Steering Committee (or alike) will submit expenditures with backup for payment out of the account. Both parties will work together to submit the annual reporting requirements to the Ministry and CUTA. FINANCIAL IMPACT/FUNDING SOURCE The Town will work with the CTPP (or alike) and the Province to finalize the 2016/2017 allocation and to determine the financial impact to the tax levy for 2017. Based on CTPP’s 2017 budget, revenues are expected to reach approximately $43,000. Therefore, the anticipated impact on the Town budget is $133,000. Page 2 / 2 Provincial Gas Tax Funding 175 Report Title Hanger 5 – Anger Land Lease Assignment Report No. OPS 16-36 Author Vance Czerwinski, CRS, Manager of Public Works Meeting Type Council Meeting Council Date November 28, 2016 Attachments •Hanger 5 – Anger Land Lease Agreement •Hanger 5 – Anger Land Lease Amendment •Hanger 5 – Anger Land Lease Assignment RECOMMENDATION THAT Council receive Report OPS 16-36 Anger Land Lease Assignment; AND THAT the Land Lease between the Corporation of the Town of Tillsonburg and Larry & Caryle Anne Anger be approved for assignment to David & Cheryl Anger. AND THAT Mayor and Clerk be authorized to execute the Land Lease Assignment with Larry & Caryle Anne Anger and David & Cheryl Anger. SUMMARY On July 20, 2006 a Land Lease Agreement between the Corporation of the Town of Tillsonburg and Larry & Caryle Anne Anger was executed for a parcel of land at the Tillsonburg Airport that houses Hanger No. 5. On August 17, 2012 an Amendment to Land Lease Agreement was executed to revise the hanger square footage of the original land lease due to hangar expansion. Larry & Caryle Anne Anger now desire to assign the Land Lease Agreement to David & Cheryl Anger, as per the attached Land Lease Assignment. FUNDING IMPACT/ FUNDING SOURCE There will be no financial impact to the Town by the execution of this Land Lease Assignment. The same terms and conditions of the original Land Lease, as amended, remain in effect, including the provision of Rent. Page 1 / 1 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 Report Title Mutual Drainage Agreement – Max Underhill’s Farm Supply Report No. OPS 16-37 Author Eric Flora, P. Eng., CET, Manager of Engineering Meeting Type Council Meeting Council Date November 28, 2016 Attachments •Bayham Staff Report DS-40-16 / Schedule ‘A’ to By- law 2016-084, Drainage Agreement. •Bayham Enacted By-Law 2016-084 RECOMMENDATION: THAT Council receive Report OPS 16-37 Mutual Drainage Agreement – Max Underhill’s Farm Supply; AND THAT the Mayor and Clerk by authorized to execute the Mutual Drainage Agreement - Schedule ‘A’ to Municipality of Bayham By-Law 2016-084; AND THAT a By-Law, be brought forward for Council's consideration. SUMMARY The Town recently received correspondence from the Municipality of Bayham requesting the Town sign the Mutual Drain Agreement (in triplicate) between the Corporation of the Municipality of Bayham, Town of Tillsonburg and Max Underhill’s Farm Supply, in order to satisfy the condition of site plan approval for Max Underhill’s Farm Supply. As per the attached Bayham staff report (Attachment 2), a drainage agreement has been prepared. The agreement supports the storm water management plan, which proposes using the jointly- owned utility corridor lands for drainage. The Town will keep one signed copy for our files. The Municipality of Bayham’s enacted By-Law 2016-084 (Attachment 3) authorizes the execution of the drainage agreement (Schedule ‘A’ to By-Law) between the Corporation of the Municipality of Bayham, Town of Tillsonburg and Max Underhill’s Farm Supply. CONSULTATION/COMMUNICATION Staff consulted with Municipality of Bayham Deputy Clerk/Planning Coordinator during the development of the proposed drainage agreement to ensure the Town’s requirements were incorporated into the agreement. FINANCIAL IMPACT/FUNDING SOURCE There are no financial impacts to the Town by the execution of this drainage agreement. Page 1 / 1 194 195 196 197 198 199 200 201 202 203 Report Title Transfer Station Strategic Direction Report No. OPS 16-38 Author Kevin De Leebeeck, P. Eng., Director of Operations Meeting Type Council Meeting Council Date November 28, 2016 Attachments •Site Plan Layout Options 1 to 4 RECOMMENDATION THAT Council receive Report OPS 16-38 Transfer Station Strategic Direction; AND THAT Council approves Option 4 as the preferred site plan layout; AND THAT J.L. Richards & Associates Limited continued to be retained for this assignment; AND THAT the capital construction costs for site plan Option 4 be referred to the 2017 budget deliberations. SUMMARY Following the Transfer Station Public Engagement Summary report OPS 16-14 an RFP was released and subsequently awarded, in accordance with the Purchasing Policy, to J.L. Richards & Associates Limited for the provision of environmental consulting services. The scope of work included the development of conceptual design alternatives that reflect the framework established by the public engagement process, pre-consultation with external agencies (i.e. MOECC, LPRCA, Oxford County), evaluation of the proposed conceptual design alternatives including the advantages, disadvantages and cost estimates of each option to determine which option would provide the highest overall net benefit to the Town. The design considerations outlined in Table 1 were primarily developed from the public consultation process and used to guide the development and evaluation of each site plan layout option. Page 1 / 8 204 Table 1: Design Considerations Regulatory Considerations Regulatory Compliance  ECA amendment to include new site plan layout, revised hours of operation and limited collection of construction and demolition material (C & D)  Identify potential capital investments to satisfy MOECC requirements (i.e. stormwater management). Hours of Operation  Revise hours to better reflect timing/needs of users (i.e. 6 day dawn-to-dusk yard waste depot)  Proposed site plan layout must support revised hours of operation. General Site Safety & Layout  Relocate yard waste depot  Configure user friendly large item drop-off layout  Improve visibility and site traffic flow increasing overall site safety  Promote ability to offload materials more easily Operational Considerations Operational Budget Impact  Reduce overall site maintenance of yard and large item depots.  Reduce post site operations cleanup efforts Promotion, Education and Minor Operational Improvements  Clearly identify bin collection waste types  Promote Waste Diversion Stewardship Community Partners  Site entrance/stacking queuing improvements Miscellaneous Additional Consideration  Use of standardized bin sizes  Scrap metals to be directly unloaded into bins  Provide adequate turning radius for trailers  Designate areas for future expansion Page 2 / 8 205 Site Layout Options A total of four (4) site layout options were developed utilizing the above noted design considerations. A summary of each option as well as the main advantages and disadvantages is provided below. Option 1 – Straight Platform The basis for Option 1 is the construction of two straight raised platforms in the existing large item drop-off area. Drop-off bins would also be located at ground level in the area currently used for yard waste. The concrete rubble and asphalt bunker would be relocated at the end of the west ramp in the existing large item depot area. The yard waste depot would be entirely relocated to the west side of the site near the site entrance and the existing earth berm would be extended. The attendant shed would also be relocated to allow for modifications to the large item depot entrance lane. The existing gates at the entrance off of Newell Road would restrict site access while the existing gates along the ring road would restrict access to the large item depot. To streamline traffic flow and allow for potential dawn-to-dusk operation of the yard waste depot there is a bypass lane to access the proposed yard waste area directly. If expansion is required in the future, there is provision for a cardboard and Styrofoam area in the center of the ring road. The overall intent of Option 1 is to facilitate easy unloading of materials and improve traffic flow. The straight ramp style would not accommodate the same number of bins currently on site; therefore, some bin unloading would remain located at ground level. A site plan depicting the general arrangement of Option 1 can be found in Attachment 1. The high level estimate of initial construction costs is approximately $100,000 and an additional $35,000 for the bulk cardboard and Styrofoam expansion area. The main advantages of Option 1 are that it improves queuing and on-site traffic flow, facilitates potential dawn-to-dusk yard waste access, and provides some user friendly drop-off locations. The main disadvantage of Option 1 is that by using a straight ramp configuration, only a limited number of bins can be placed beside the ramps. As such, only the bins adjacent to the ramps will enhance ease of unloading materials for the public. All other areas would still require material to be lifted up and placed into the bins. Furthermore, this option does not take full advantage of the natural contours of the landfill cap and may require extensive site re-grading and additional infrastructure to drain the site. There would also be limited room for future expansion in the large item depot area. Option 2 – Sawtooth Platform The basis for Option 2 is the construction of a single sawtooth raised platform extending from the current large item depot area into the existing yard waste depot. The concrete rubble and asphalt bunker would be relocated at the end of the ramp in the existing yard waste depot. The yard waste area would be entirely relocated to the west side of the site near the entrance and the existing earth berm would be extended. The attendant shed would also be relocated to allow for modifications to the large item depot entrance lane. The existing gates at the entrance off of Newell Road would restrict site access while the existing gates along the ring road would restrict access to the large item depot. To streamline traffic flow and allow for Page 3 / 8 206 potential dawn-to-dusk operation of the yard waste depot there is a bypass lane to access the yard waste area directly. If expansion is required in the future, there is provision for a cardboard and Styrofoam area in the center of the ring road. The overall intent of Option 2 is to improve traffic flow and maximize the number of bins that can be easily accessed, but does not accommodate the same number of bins currently on site. A site plan depicting the general arrangement of Option 2 can be found in Attachment 2. The high level estimate of initial construction costs is approximately $125,000 and an additional $35,000 for the bulk cardboard and Styrofoam expansion area. The main advantage of Option 2 is that it improves queuing and on-site traffic flow, and by using a sawtooth ramp configuration provides user friendly drop-off in the large item depot. The main disadvantage of Option 2 is that there is limited room for future expansion in the large item depot area. This option takes some advantage of the natural contours of the landfill cap but may require extensive site re-grading and additional infrastructure to drain the site Option 3 – Perimeter Sawtooth The basis for Option 3 is the re-grading of the existing large item and yard waste depot areas and placing bins below a block wall in a sawtooth configuration at the perimeter of the area. The concrete rubble and asphalt bunker would be relocated west edge of the existing yard waste depot. The yard waste area would be entirely relocated to the west side of the site near the entrance and the existing earth berm would be extended. The attendant shed would not be relocated. The existing gates at the entrance off of Newell Road would restrict site access while the existing gates along the ring road would restrict access to the large item depot. To streamline traffic flow and allow for potential dawn-to-dusk operation of the yard waste depot there is a bypass lane to access the yard waste depot directly. If expansion is required in the future, there is provision for a cardboard and Styrofoam area in the center of the ring road. The overall intent of this option is to maximize use of the existing landfill contours and minimize regrading that must occur, while facilitating easy drop-off of materials. A site plan depicting the general arrangement of Option 3 can be found in Attachment 3. The high level estimate of initial construction costs is approximately $95,000 and an additional $35,000 for the bulk cardboard and Styrofoam expansion area. The main advantage of Option 3 is that it takes advantage of the existing landfill cap drainage pattern simplifying site re-grading. The configuration also provides user friendly drop-off in the large item depot. The main disadvantage of Option 3 is that traffic patterns are not well defined in the large item depot area and vehicle paths could cross. With this option, there is also limited room for future expansion in the large item depot. Option 4 – Centre Sawtooth Platform Page 4 / 8 207 The basis for Option 4 is the construction of a single sawtooth raised platform in the center of the existing ring road. The yard waste area would be entirely relocated to the west side of the site near the entrance and the existing earth berm would be extended. The attendant shed would also be relocated to the west along the ring road. The existing gates at the entrance off of Newell Road would restrict site access. The perimeter fencing along the ring road would need to be extended and the existing gates to the large item depot relocated in order to restrict access to the large item area during closures. To streamline traffic flow and allow for potential dawn-to-dusk operation of the yard waste depot there is a bypass lane to access the yard waste depot directly. If expansion is required in the future, there are provisions for additional bins at the end of the ramp including bins for cardboard and Styrofoam. The overall intent of Option 4 is to maximize the area available for future expansion while maintaining good traffic flow through the site and facilitating efficient offloading of materials by the public. A site plan depicting the general arrangement of Option 4 can be found in Attachment 4. The high level estimate of initial construction costs is approximately $130,000 and an additional $5,000 for bulk cardboard and Styrofoam expansion. The main advantage of Option 4 is that it improves queuing and on-site traffic flow, and by using a sawtooth ramp configuration provides user friendly drop-off locations for all large items. By moving the platform to the center of the site, there are two convenient areas available for future expansion of the large item depot while taking advantage of the existing landfill cap drainage pattern. The main disadvantage of Option 4 is that it may temporarily impact the large item depot drop off service at the site during construction due to its large footprint and location. Scheduling of its construction during non-peak periods will be important to minimize site disruption. Site Layout Evaluation In order to assess the various site plan options and determine which of the four (4) options represents the highest overall net benefit to the Town, an evaluation matrix was developed based on major and minor criteria including: 1. Traffic Impacts a. On-site Traffic Flow b. Site Turning Movements 2. Site Safety and Layout a. User Friendly Offloading of Materials b. Dawn-to-Dusk Yard Waste Access c. Area Available for Future Expansion d. Existing Site Drainage and Topography 3. Construction Impacts a. Impact to Existing Infrastructure b. Level of Service/ Site Access During Construction 4. Financial Impacts a. Initial Construction Cost b. Cost of Future Expansion Page 5 / 8 208 Each criterion was assigned an importance factor, as identified within the evaluation matrix, based on the overall project objectives. The range of importance factors is summarized in Table 2. Table 2: Importance Factor Importance Level Score High Importance 5 Moderate Importance 4 Important 3 Minimal Importance 2 No Importance 1 Each criterion was then scored against the site specific considerations/impact associated with each option. The impact level and corresponding score are noted in Table 3. Table 3: Evaluation Impact Level Impact Level Score High Positive Impact 4 Moderate Positive Impact 3 No Impact 2 Moderate Negative Impact 1 High Negative Impact 0 The final score for each specific criterion was calculated by taking the product of the importance factor and the assigned impact level score. The sum of these products provides an overall score for each of the site layout options. The option with the highest score is considered to have the highest overall net benefit. A summary of the evaluation matrix and associated scores is provided in Table 4. Page 6 / 8 209 Table 4: Evaluation Matrix of Key Criteria MAJOR CRITERIA TRAFFIC IMPACTS MINOR CRITERIA IMPORTANCE FACTOR OPTION 1: STRAIGHT PLATFORMS OPTION 2: SAWTOOTH PLATFORM OPTION 3: PERIMETER SAWTOOTH OPTION 4: CENTER SAWTOOTH PLATFORM Comment Score X Factor Comment Score X Factor Comment Score X Factor Comment Score X Factor On-Site Traffic Flow 5 MODERATE POSITIVE IMPACT (3) Traffic flow follows a defined course with limited crossing of vehicular traffic; however, some traffic congestion may occur while exiting the ramps near the existing yard waste area. Traffic queuing on and off-site should improve due to improved traffic flow. 15 MODERATE POSITIVE IMPACT (3) Traffic flow follows a defined course with limited crossing of vehicular traffic. Some traffic congestion may occur while exiting the ramps near the existing yard waste area. Traffic queuing on and off-site should improve due to improved traffic flow. 15 MODERATE NEGATIVE IMPACT (2) There is the potential for crossing traffic in the drop off area due to an undefined flow pattern. Traffic congestion may occur within the drop off area. Traffic queuing on and off-site may not improve due to poor traffic flow. 10 HIGH POSITIVE IMPACT (4) Traffic flow follows a defined course with limited crossing of vehicular traffic. Traffic queuing on and off-site should improve due to improved traffic flow. 20 Site Turning Movements 4 MODERATE POSITIVE IMPACT (3) There is a potentially sharp turn to enter the west ramp; however, the straight style ramp makes it very easy to pull a trailer alongside and drop materials into the bins. 12 MODERATE POSITIVE IMPACT (3) There is a potentially sharp turn to enter the west side if the ramp; however, the sawtooth style layout requires only some simple maneuvering with a trailer. 12 HIGH POSITIVE IMPACT (4) There is a wide turning radius to access the ramp. The sawtooth style layout requires some simple maneuvering with a trailer. 16 HIGH POSITIVE IMPACT (4) There is a wide turning radius to access to ramp. The sawtooth style ramp requires some simple maneuvering with a trailer. 16 SITE SAFETY AND LAYOUT User Friendly Offloading of Materials 5 MODERATE POSITIVE IMPACT (3) Some bins can be easily accessed from the ramp; however, bins at ground level do not allow for easier offloading of materials. 15 HIGH POSITIVE IMPACT (4) All bins are accessed from the ramp for easy drop off of materials. 20 HIGH POSITIVE IMPACT (4) All bins are accessed from the ramp for easy drop off of materials. 20 HIGH POSITIVE IMPACT (4) All bins are accessed from the ramp for easy drop off of materials. 20 Dawn-to-Dusk Yard Waste Access 5 HIGH POSITIVE IMPACT (4) Facilitates dawn-to-dusk yard waste access. 20 HIGH POSITIVE IMPACT (4) Facilitates dawn-to-dusk yard waste access. 20 HIGH POSITIVE IMPACT (4) • Facilitates dawn-to-dusk yard waste access. 20 HIGH POSITIVE IMPACT (4) Facilitates dawn-to-dusk yard waste access. 20 Area Available for Future Expansion 5 MODERATE NEGATIVE IMPACT (1) The area in the middle of the ring road is available for future site expansion, but would create disjoined drop-off areas. 5 MODERATE NEGATIVE IMPACT (1) The area in the middle of the ring road is available for future site expansion, but would create disjoined drop-off areas. 5 MODERATE NEGATIVE IMPACT (1) The area in the middle of the ring road is available for future site expansion, but would create disjoined drop-off areas. 5 HIGH POSITIVE IMPACT (4) There is an opportunity for immediate expansion of the ramp to the west. The existing yard waste depot area is also available for future expansion and maintains traffic flow. 20 Existing Site Drainage and Topography 4 HIGH NEGATIVE IMPACT (0) Site re-grading will be required to construct the ramps. Shorter ramps may not take full advantage of the natural site topography. Additional infrastructure may be required to drain the site. 0 MODERATE NEGATIVE IMPACT (1) Site re-grading will be required to construct the ramps. The longer ramp takes advantage of a portion of the natural site topography. Additional infrastructure may be required to drain the site. 4 MODERATE POSITIVE IMPACT (3) Placing the bins at the perimeter of the site takes advantage of existing site contours and simplifies site re-grading. However, additional infrastructure may be required to drain the site. 12 MODERATE POSITIVE IMPACT (3) Placing the bins at the center of the site will facilitate drainage and stormwater collection and treatment, if required. The location of the ramp also takes advantage of the natural site topography. Some additional infrastructure may be required to drain the site. 12 CONSTRUCTION IMPACTS Impact to Existing Infrastructure 3 MODERATE NEGATIVE IMPACT (1) The attendant shed will be relocated and power services will need to be reconnected. Fences and gates will need to be relocated. 3 MODERATE NEGATIVE IMPACT (1) The attendant shed will be relocated and power services will need to be reconnected. Fences and gates will need to be relocated. 3 NO IMPACT (2) Although fences and gates will need to be relocated; the attendant shed can remain eliminating the need to reconnect power services. 6 MODERATE NEGATIVE IMPACT (1) The attendant shed will be relocated and power services will need to be reconnected. Fences and gates will need to be relocated. 3 Level of Service/Site Access During Construction 4 MODERATE NEGATIVE IMPACT (1) Although traffic control signs and temporary drop off areas may be temporarily required during construction due to modifications to the site, staging of the work may be implemented to maintain the current location of the drop off area during a significant portion of construction. 4 MODERATE NEGATIVE IMPACT (1) Although traffic control signs and temporary drop off areas may be temporarily required during construction due to modifications to the site, staging of the work may be implemented to maintain the current location of the drop off area during a significant portion of construction. 4 MODERATE NEGATIVE IMPACT (1) Although traffic control signs and temporary drop off areas may be temporarily required during construction due to modifications to the site, staging of the work may be implemented to maintain the current location of the drop off area during a significant portion of construction. 4 MODERATE NEGATIVE IMPACT (1) Although traffic control signs and temporary drop off areas may be temporarily required during construction due to modifications to the site, staging of the work may be implemented to maintain the current location of the drop off area during a significant portion of construction. 4 FINANCIAL IMPACTS Initial Construction 4 MODERATE NEGATIVE IMPACT (1) This option has the second lowest upfront cost. The cost of this option is impacted by short ramps, and re-use of existing fencing. (est. $100,000) 4 HIGH NEGATIVE IMPACT (0) This is the option with the second highest upfront cost. The cost of this option is impacted by a long ramp, and relocation of the gatehouse. (est. $125,000) 0 NO IMPACT (2) This is the option with the lowest upfront cost. The cost of this option is impacted by a simplified grading plan (i.e. no ramp) and re-use of existing fencing. (est. $95,000) 8 HIGH NEGATIVE IMPACT (0) This is the option with the highest upfront cost. The cost of this option is impacted by the need for additional fencing, a long ramp, and relocation of the gate house. (est. $130,000) 0 Future Expansion 3 HIGH NEGATIVE IMPACT (0) Future expansion will include the cost of a new raised platform with gravel or paved road, and additional fencing. (est. $35,000) 0 HIGH NEGATIVE IMPACT (0) Future expansion will include the cost of a new raised platform with gravel or paved road, and additional fencing. (est. $35,000) 0 HIGH NEGATIVE IMPACT (0) Future expansion will include the cost of a new raised platform with gravel or paved road, and additional fencing. (est. $35,000) 0 MODERATE NEGATIVE IMPACT (1) Future expansion requires only an extension of the proposed raised platform. Fencing and roadwork included in the original construction. (est. $5,000) 3 BENEFIT SUBTOTAL: 78 83 101 118 OVERALL RANKING: RANK: 4 RANK: 3 RANK: 2 RANK: 1 Page 7 / 8 210 CONSULTATION / COMMUNICATION As part of the conceptual design process preliminary site plans and a description of the proposed site upgrades were circulated to the Ministry of Environment and Climate Change (MOECC), the Long Point Region Conservation Authority (LPRCA), and Oxford County. At the time of circulation none expressed any significant concerns with the proposed site or operational changes. Approval will be required from the MOECC to modify the site layout, make changes to incoming waste streams (i.e. allow for collection of construction and demolition waste, bulk Styrofoam, and cardboard), and adjust the hours of operation. A full technical review of the proposed changes will be undertaken when the application is submitted; however, the MOECC has indicated that changes to the site layout may require a stormwater management plan and/or approvals for sewage works if engineered systems such as swales or culvert will be constructed. The inclusion of additional non-hazardous waste streams and changes to the hours of operation were viewed by the MOECC as relatively straightforward. The Town can apply for either an amendment to the existing ECA or an ECA with Limited Operational Flexibility (LOF) to address the approval requirements. The application process for an LOF can be more involved upfront than an amendment; however, an ECA with LOF permits the Town to make future modification to the facility’ operations or works without seeking another amendment to the ECA from the MOECC. Following Council’s strategic decision and in accordance with the Towns Public Engagement Policy a public information centre will be hosted by the Operations Department to present the results of the Transfer Station Review process and highlight that the expectations of the community were incorporated with the ultimate goals of the Town, to ensure the public knows their voices were heard. FUNDING IMPACT/ FUNDING SOURCE The 2016 budget allocation for the Transfer Station Review contemplated $50,000 from taxation to conduct a comprehensive review of site operations, engage the public, develop conceptual site plan layouts, and submit an ECA amendment application to the MOECC. The cost for the provision of environmental consulting services of $19,750 includes the fee to prepare and submit an amendment to the existing ECA. However, staff recommend that an additional $9,150 of the 2016 budget allocation for the Transfer Station Review be utilized to prepare and submit an ECA with Limited Operation Flexibility application to the MOECC. Staff are also requesting that the remaining 2016 budget allocation estimated at $21,100 be carried forward to 2017 and that the capital construction costs, estimated at $130,000 for site plan layout Option 4, be brought forward as part of the 2017 budget deliberations. In the meantime staff will engage the County to explore any cost sharing opportunities or capital contribution arrangement to help facilitate the re-development of the site. Page 8 / 8 211 NEWELL ROADO/H O/H O/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HEXIST. CULVERTEXIST. GATEEX. CONCRETE, RUBBLE &ASPHALT BUNKER TO BEABANDONEDEX. CHAIN LINK FENCE8.0m10.0m7.5m7.5m16.0m6.0m3.0m3.5mRAMP UPRAMP DOWNRAISEDPLATFORM30Y30Y30Y30Y30Y30Y30Y30Y30Y3 0 Y 30 Y AA9.0%9.0%RAMP UPRAMP DOWNRAISEDPLATFORM9.0%9.0%REMOVE EXISTING CONC.BLOCK WALLPROPOSED 2m HIGH EARTH BERM LARGE ITEMS DEPOTYARD WASTE DEPOTFUTURE CHAIN LINK FENCEFUTUREEXIT GATEFUTURE CHAIN LINK FENCE30Y30Y8Y8YXXXXXXXXX JOB SITEQUARTER TOWN LINEBALDWIN STREETNEWELL ROADCLEAR V I EW DR I VE CONCESSION STREETCOUNTY ROAD 51AVE.LADYSEGAL DR.BETH CRT.COLINAVE.BALDWIN S T REET JOH N POU ND ROADWILSON AVE.DR.CHARLOTTE AVENUEHURLEY AVE.CONCESSION STREET DR.CLARENCEBRASHERDEREHAM DRIVEARMSTRONGDRIVE ROLPH STREETBROADWAYWASHIN G TO N G RAN D LAKELISGARROLPH STREETBIDWELL ST.QUARTER TOWN LINEWOODHAVEN DRIVE TOWN LIMITSLEGEND:10.0m7.5m7.5m10.0m0.9m 1.5m RAMP UP @ 9.0%TOP OF RAISEDPLATFORM (+0.9m)RAMP DOWN @ 9.0%TOP OF STACK CONCRETE BLOCK WALL (+1.5m)PROPOSED CONTAINERSTYPICAL DROP-OFF PLATFORMSECTION A-AScale - 1:25030YLEGEND:PROPOSED CONTAINER(CONTAINER SIZE 30 YARD)TRAFFIC DIRECTION30YFUTURE CONTAINER(CONTAINER SIZE 30 YARD)CONCRETE STACK BLOCK WALLSFUTURE CONCRETE STACK BLOCK WALLSEXISTING CONTAINERSP1212 NEWELL ROADO/H O/H O/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HEXIST. CULVERTEXIST. GATEEX. CONCRETE , RUBBLE &ASPHALT BUNKER TO BEABANDONEDEX. CHAIN LINK FENCERAMP DOWNREMOVE EXISTING CONC.BLOCK WALL9.0%9.0%AAPROPOSED 2m HIGH EARTH BERM LARGE ITEMS DEPOTYARD WASTE DEPOTFUTURE CHAIN LINK FENCEFUTUREEXIT GATEFUTURE CHAIN LINK FENCEX X X X XXXXX JOB SITEQUARTER TOWN LINEBALDWIN STREETNEWELL ROADCLEAR V IEW DR IVE CONCESSION STREETCOUNTY ROAD 51AVE.LADYSEGAL DR.BETH CRT.COLINAVE. BALDW I N STR EET JOHN POUND RO AD WILSON AVE.DR.CHARLOTTE AVENUEHURLEY AVE.CONCESSION STREET DR.CLARENCEBRASHERDEREHAM DRIVEARMSTRONGDRIVE ROLPH STREETBROADWAYWASH ING TON G R AND LAKELISGARROLPH STREETBIDWELL ST.QUARTER TOWN LINEWOODHAVEN DRIVE TOWN LIMITS10.0m54.0m10.0m0.9m 1.5m RAMP UP @ 9.0%TOP OF RAISEDPLATFORM (+0.9m)RAMP DOWN @ 9.0%TOP OF STACK CONCRETE BLOCK WALL (+1.5m)PROPOSED CONTAINERSTYPICAL DROP-OFF PLATFORMSECTION A-AN.T.S.LEGEND:30YLEGEND:PROPOSED CONTAINER(CONTAINER SIZE 30 YARD)TRAFFIC DIRECTION30YFUTURE CONTAINER(CONTAINER SIZE 30 YARD)CONCRETE STACK BLOCK WALLSFUTURE CONCRETE STACK BLOCK WALLSEXISTING CONTAINERSP2213 NEWELL ROADO/H O/H O/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HEXIST. CULVERTEXIST. GATEEX. CONCRETE , RUBBLE &ASPHALT BUNKER TO BEABANDONEDEX. CHAIN LINK FENCEREMOVE EXISTING CONC.BLOCK WALLCONC. RUBBLE AND ASPHALT BUNKERPROPOSED 2m HIGH EARTH BERM LARGE ITEMS DEPOTYARD WASTE DEPOTFUTURE CHAIN LINK FENCEFUTUREEXIT GATEFUTURE CHAIN LINK FENCEX X X X XXXXX JOB SITEQUARTER TOWN LINEBALDWIN STREETNEWELL ROADCLEAR V IEW DR IVE CONCESSION STREETCOUNTY ROAD 51AVE.LADYSEGAL DR.BETH CRT.COLINAVE. BALDW I N STR EET JOHN POUND RO AD WILSON AVE.DR.CHARLOTTE AVENUEHURLEY AVE.CONCESSION STREET DR .CLARENCEBRASHERDEREHAM DRIVEARMSTRONGDRIVE ROLPH STREETBROADWAYWASH ING TON G R AND LAKELISGARROLPH STREETBIDWELL ST.QUARTER TOWN LINEWOODHAVEN DRIVE TOWN LIMITS10.0m7.5m7.5m10.0m0.9m 1.5m RAMP UP @ 9.0%TOP OF RAISEDPLATFORM (+0.9m)RAMP DOWN @ 9.0%TOP OF STACK CONCRETE BLOCK WALL (+1.5m)PROPOSED CONTAINERSTYPICAL DROP-OFF PLATFORMSECTION A-AScale - 1:250LEGEND:30YLEGEND:PROPOSED CONTAINER(CONTAINER SIZE 30 YARD)TRAFFIC DIRECTION30YFUTURE CONTAINER(CONTAINER SIZE 30 YARD)CONCRETE STACK BLOCK WALLSFUTURE CONCRETE STACK BLOCK WALLSEXISTING CONTAINERSP3214 NEWELL ROADO/H O/H O/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HO/HEXIST. CULVERTEXIST. GATEEX. CONCRETE, RUBBLE &ASPHALT BUNKER TO BEABANDONEDEX. CHAIN LINK FENCESHED RAMP DOWN9.0%9.0%AAPROPOSED 2m HIGH EARTH BERM LARGE ITEMS DEPOTYARD WASTE DEPOTPROPOSED CHAIN LINK FENCEX X X X X X X X X JOB SITEQUARTER TOWN LINEBALDWIN STREETNEWELL ROADCLEAR V IEW DR I VE CONCESSION STREETCOUNTY ROAD 51AVE.LADYSEGAL DR .BETH CRT .COLINAVE.BALDWIN S T REET JOHN POUND ROAD WILSON AVE.DR.CHARLOTTE AVENUEHURLEY AVE.CONCESSION STREET DR.CLARENCEBRASHERDEREHAM DRIVEARMSTRONGDRIVE ROLPH STREETBROADWAYWASH ING TON GR AND LAKELISGARROLPH STREETBIDWELL ST.QUARTER TOWN LINEWOODHAVEN DRIVE TOWN LIMITS 30YLEGEND:PROPOSED CONTAINER(CONTAINER SIZE 30 YARD)TRAFFIC DIRECTION30YFUTURE CONTAINER(CONTAINER SIZE 30 YARD)10.0m42.50m25.0m0.9m 1.5m GRAVELRAMP UP @ 9.0%TOP OF RAISED GRAVELPLATFORM (+0.9m)GRAVELRAMP DOWN @ 3.0%TOP OF STACK CONCRETE BLOCK WALL (+1.5m)PROPOSED CONTAINERSTYPICAL DROP-OFF PLATFORMSECTION A-AN.T.S.CONCRETE STACK BLOCK WALLSFUTURE CONCRETE STACK BLOCK WALLSEXISTING CONTAINERSP4215 Report Title Toboggan Hill Agreement Renewal Report No. RCP 16-40 Author Corey Hill, Manager of Parks & Facilities Meeting Type Council Meeting Council Date November 28, 2016 Attachments Toboggan Hill Agreement (updated 2016) RECOMMENDATION THAT Council receive Report RCP 16-40,Toboggan Hill Agreement Renewal; AND THAT Council authorizes the Mayor and Clerk to sign the updated agreement between The Bridges at Tillsonburg and the Town of Tillsonburg; AND THAT a By-law be brought forward for Council’s consideration. EXECUTIVE SUMMARY The Bridges at Tillsonburg Golf Course and the Town of Tillsonburg have drafted an updated agreement for the use of the toboggan hill commencing for the 2016/2017 season and renewing annually with confirmation by both parties. The updated agreement reflects new ownership at the Golf Course and an annual lease amount of $4,000 plus applicable taxes. BACKGROUND In 2005 an agreement between the Bridges at Tillsonburg golf course and the Town of Tillsonburg was created. The agreement renewed annually with confirmation from both parties at a cost to the Town of $1 per operating season. In 2015/2016, the annual fee was increased from $1 to $4,000. This fee was payable to the golf course and was used to assist with parking lot snow removal. Subsequently, users of the toboggan hill were allowed to park in The Bridges’ parking lot reducing the number of cars parking on Baldwin Street by the toboggan hill. As a result of ownership changes at the Bridges as well as the increased annual fee, a new agreement was drafted (see attached) governing the shared use of the toboggan hill for the 2016/2017 season. With mutual written confirmation, the new agreement will renew annually. Additionally, in 2013, the Town’s insurance company conducted a risk management analysis of the toboggan hill and made some recommendations. These practices were put in place and continue to be followed. Town staff use straw bales covered in bright coloured garbage bags to create the border for the tobogganing area. Parks staff complete regular inspections of this facility and identify, document and correct any unsafe conditions that may arise. CONSULTATION/COMMUNICATION The drafting of the updated agreement has been completed with the new ownership of the Golf Course in person and via email. Page 1 / 2 RCP 16-40 - Toboggan Hill Agreement Rene 216 FINANCIAL IMPACT/FUNDING SOURCE The updated agreement requires that the Town pay The Bridges at Tillsonburg an annual fee of $4,000 plus applicable taxes to use the designated area of the golf course. The funding for the fee, the toboggan hill infrastructure (signage, stakes, ropes & bales) and staff time for installation and inspections was incorporated into the 2016 Parks Division budget and will be brought forward in the 2017 draft budget. COMMUNITY STRATEGIC PLAN (CSP) IMPACT No impact. Page 2 / 2 RCP 16-40 - Toboggan Hill Agreement Rene 217 218 219 220 221 222 223 = ATTENDANCE: Bob Marsden, Chair, Councillor Penny Esseltine, Paul DeCloet, Christine Nagy, Janet Wilkinson, Sue Saelens Regrets: Charles Baldwin, Ken Butcher, Marian Smith, Paul Wareing, Maurice Verhoeve STAFF: Corey Hill, Manager of Recreation & Facilities Tricia Smith, Deputy Clerk 1. Call to Order The meeting was called to order at 9:04 a.m. 2. Adoption of Agenda Moved By: Paul DeCloet Seconded By: Christine Nagy Resolution #1: THAT the Agenda as prepared for the Committee meeting of November 3, 2016 be adopted as amended. Carried 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Moved By: Paul DeCloet Seconded By: Janet Wilkinson Resolution #2: THAT the Minutes for the October 6, 2016 meeting be approved. Carried The Corporation of the Town of Tillsonburg HERITAGE, BEAUTIFICATION & CEMETERY ADVISORY COMMITTEE November 3, 2016 9:00 a.m. Marwood Lounge Community Centre MINUTES 224 Heritage, Beautification & Cemetery Committee, Minutes – November 3, 2016 - 2 - 5. Delegations and Presentations 6. General Business & Reports 6.1. Report from Beautification Working Group A copy of the Report from the Beautification Working Group was circulated to the committee for review. Staff to circulate information to the committee in regards to costing for the 2017 budget request from the Heritage, Beautification & Cemetery Advisory Committee for review. Moved By: Christine Nagy Seconded By: Sue Saelens Resolution #3 THAT the Heritage, Beautification & Cemetery Advisory Committee accept the report as submitted and be presented to Council for consideration. Carried 6.2. Columbarium – Report on transfer of cremains The transfer of cremains to the new columbarium went successfully and the event was well attended. Staff are in the process of contacting the families of the (3) urns that could not fit into the new columbarium to discuss options. 7. Correspondence 7.1. Thank you e-mail was sent to Mount Pleasant Cemetery 7.2. As well, thank you to Wareing Cremation for providing the catered lunch that day 8. Other Business 8.1 Designation of Properties – Update Correspondence has been sent to the owner of 21 Bidwell Street regarding heritage designation. 8.2 Cultural Heritage Conservation Workshop Councillor Esseltine attended the Cultural Heritage Conservation Workshop on October 27, 2016 on behalf of the committee and provided a copy of the Heritage Conservation Information package as information. 225 Heritage, Beautification & Cemetery Committee, Minutes – November 3, 2016 - 3 - 8.3 Keep Tillsonburg Beautiful Staff reviewed possible locations for the 2017 Keep Tillsonburg Beautiful project which will focus on park and trail clean-up and smaller coordinated tree plantings. Staff to work with the LPRCA to identify ideal tree species for the planting areas. Replacement trees will be planted at the Annandale Diamonds in areas where trees didn’t survive. The tree planting at Southridge had very high survival rates. The Trans-Canada Trail is expected to open in mid-November. Moved By: Sue Saelens Seconded By: Christine Nagy Resolution #4 THAT the Heritage, Beautification & Cemetery Advisory Committee recommend that staff concentrate tree planting on the re-forestry of past tree projects where required. Carried 8.4 Cemetery Roadway The rocks have been removed from an informal service pathway in the cemetery to permit access of a Rights Holder to a family plot in the area. The cost of paving the service pathway will be included in the 2017 departmental budgetary request. 8.5 Scattering Gardens Discussion took place about the incorporation of a scattering garden in the Tillsonburg Cemetery. Staff to provide a copy of the Memorial Park Master Plan to the committee at the next meeting for review. 8.6 Rolph Street Public School The successful bidder for the Rolph Street Public School property submitted a request to the committee for consideration of proposed changes to the non-designated portions of the front façade. 226 Heritage, Beautification & Cemetery Committee, Minutes – November 3, 2016 - 4 - Moved By: Sue Saelens Seconded By: Janet Wilkinson Resolution #5 THAT the Heritage, Beautification & Cemetery Advisory Committee accept the proposed changes; AND THAT further information, be provided to the committee on the location and size of the A/C condensing units. Carried 9. Next Meeting – December 1, 2016 at 9:00 a.m. PLEASE NOTE CHANGE OF LOCATION TO CORPORATE OFFICES, 200 BROADWAY, UPPER LEVEL. 10. Adjournment Moved By: Christine Nagy Seconded By: Paul DeCloet Resolution #6 THAT the November 3, 2016 meeting be adjourned at 10:05 p.m. Carried 227 = Attendance: Chair Matt Scholtz Brian Stephenson Sam Lamb Donna Wilson Regrets: Mayor Stephen Molnar Mary Anne VanGeertruyde 1. Call to Order The meeting was called to order at 4:00 p.m. 2. Adoption of Agenda Resolution Moved by: Sam Lamb Seconded by: Brian Stephenson THAT the Agenda as prepared for the Special Awards Committee meeting of November 9, 2016, be adopted. Carried 3. Disclosure of Pecuniary Interest No disclosure of pecuniary interest were declared 4. Approval of Previous Minutes Resolution #1 Moved by: Brian Stephenson Seconded by: Sam Lamb THAT the Special Awards Committee Meeting Minutes dated October 5, 2016 be approved. Carried The Corporation of the Town of Tillsonburg SPECIAL AWARDS COMMITTEE Wednesday, November 9, 2016 3:30 p.m. Council Chambers 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 228 Special Awards Committee Agenda - November 9, 2016 - 2 - 5. General Business & Reports i) Review of Nominations – November The nominee previously selected for the November Voluntee of the Month award declined the award. Laurie & Jed Drew have been nominated based in their joint volunteerism with St. Paul’s Community Kitchen. Moved By: Brian Stephenson Seconded By: Sam Lamb THAT Laurie and Jed Drew be awarded the November Volunteer of the Month Award. Carried The committee decided that since there is only one meeting in December that there be no award presented in December. 6. General Business and Reports i) Favourite Son Award – Event Follow-Up The event was discussed. There was a good turnout for the event. Sound system was discussed and should be reviewed going forward. For future award events it was suggested that the budget be set at $1500.00. ii) Location for Public display of Favourite Son/Daughter names Library Lane, Tillsonburg Library and the Clock Tower were suggested as possible locations for the display. The committee felt that the Clock Tower would be a good location for the display. iii) Review of Circulating Nomination Forms to the Community Make the nomination forms available at the Customer Service Centre. To add the nomination form to the website. To send the form to the service clubs and churches in the community. 7. Other Business 229 Special Awards Committee Agenda - November 9, 2016 - 3 - i) Timing of future meetings – suggest that the meeting be scheduled the first Tuesday of every month for 2:30 p.m. for 2017. Moved By: Sam Lamb Seconded By: Brian Stephenson THAT the meetings in 2017 be set on the first Tuesday of every month at 2:30 p.m. Carried Committee members to look at soliciting additional members for the committee. 8. Next Meeting - Tuesday, January 10, 2016 at 2:30 pm. 9. Adjournment Resolution Moved by: Sam Lamb Seconded by: Brian Stephenson THAT the November 9, 2016 Special Awards Committee meeting be adjourned at 4:19 p.m. Carried 230 = ATTENDANCE: Mayor Stephen Molnar Councillor Penny Esseltine Andrew Gilvesy John Veldman Rick Strouth David Calder Donna Wilson Laurie Kirwin Cephas Panschow Absent: Marty Klein, Chair Lana White 1. Call to Order The meeting was called to order at 4:00 p.m. 2. Adoption of Agenda Proposed Resolution #1 Moved By: John Veldman Seconded By: Penny Esseltine THAT the Town Hall Project Steering Committee Agenda dated November 7, 2016 be approved. Carried 3. Adoption of Minutes – September 19, 2016 Proposed Resolution #2 Moved By: Stephen Molnar Seconded By: Penny Esseltine THAT the Town Hall Project Steering Committee Minutes dated October 18, 2016, be approved. Carried The Corporation of the Town of Tillsonburg TOWN HALL PROJECT COMMITTEE Tuesday, November 7, 2016 4:00 p.m. Annex Board Room 200 Broadway, 2nd Floor, Tillsonburg, ON N4G 5A7 MINUTES 231 (Committee Name) Meeting – Agenda - 2 - 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interest were declared. 5. Draft RFQ for Town Hall Project Presented By: CAO & Development Commissioner The document was reviewed by the committee and a number of suggestions were made for revisions. Staff to look at the wording in reference to a Public-Private Partnership. It was suggested that this reference be removed throughout the document. This document is to prequalify any available contributor to build a town hall. This document is designed for companies who have land or a building to develop as a town hall. It was suggested that the RFPQ go out to anyone interested. Create greatest opportunity for engagement. Staff to post on a variety of outlets for wider distribution and to be more inclusive. Experience, financial capacity and operations could be the weighted and the option of owning land at a lower score. Financial statements – to ensure the company has the financial capacity to complete the project. The Development Commissioner to review the document again as a result of the comments provided today. Staff to refine this document and bring it back to this committee prior to going to council. A recommendation will come from this committee for council endorsement which shall include a recommendation that this committee form the evaluation committee. The evaluation process and the matrix should be determined prior to the process. 232 (Committee Name) Meeting – Agenda - 3 - 6. Next Meeting – November 21, 2016 7. Adjournment Moved By: John Veldman Seconded By: Rick Strouth The meeting was adjourned at 5:25 p.m. Carried 233 Page 1 of 24 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4051 A BY-LAW for the licensing, regulating and governing of vehicles for hire within the municipality, including Group Transportation Vehicles, Limousines, Accessible Taxicabs, Taxicabs, owners and drivers. WHEREAS subsection 151(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (Municipal Act, 2001), provides that without limiting sections 9, 10 and 11, 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 licence; (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 established by the municipality. 2006, c. 32, Sched. A, s. 82. AND WHEREAS subsection 151(5) of the Municipal Act, 2001 provides that subsection 151(1-4) applies with necessary modifications to a system of licences with respect to any activity, matter or thing for which a by-law may be passed under sections 9, 10 and 11 as if it were a system of licences with respect to a business; AND WHEREAS subsection 156(1) of the Municipal Act, 2001 authorizes a municipality in a by-law under with respect to the owners and drivers of taxicabs to: (a) Provide for the collection of the rates or fares charged for the conveyance; and (b) Limit the number of taxicabs or any class of them. AND WHEREAS the Council of the Corporation for the Town of Tillsonburg considers it in the public’s interest for the purposes of health and safety and in the interest of consumer protection to pass such a by-law; AND WHEREAS the Council of the Corporation for the Town of Tillsonburg delegates the legislative powers under this By-law to the Licencing Officer, including without limitation the power to issue and impose conditions on a licence, as such power is minor in nature with regard to the number of people, the size of geographic area and the time 234 Page 2 of 24 period affected by an exercise of the power in accordance with subsections 23.2 (4-5) of the Municipal Act, 2001; NOW THEREFORE Council hereby enacts the following: SECTION 1 SCOPE OF BY-LAW 1.1 SHORT TITLE This By-law, as amended from time to time, shall be known as the “Taxi By-law.” 1.2 INTENT AND SCOPE The purpose of this By-law is to regulate Group Transportation Vehicle, Limousine and Taxicab Owners, Drivers and Vehicles used for hire or any class or classes thereof within the Town of Tillsonburg. SECTION 2 DEFINITIONS & INTERPRETATION 2.1 DEFINITIONS The terms set out below shall have the following meanings in this By-law: “Accessible Formats” means an alternate format that allows people with disabilities to access information in a manner other than how the format was originally delivered, and may include, but is not limited to, large print and Braille; “Accessible Taxicab” means a class of taxicab which is designed or modified to be used for the purpose of transporting persons with disabilities and is used for that purpose, whether or not the vehicle is also used to transport persons without disabilities, as defined in Section 1 of R.R.O. 1990 Regulation 629: Accessibility Vehicles made under the Highway Traffic Act; “Accessible Taxicab or Taxicab Driver” means a person who is licenced as such or required to be licenced as such under this By-Law and includes a taxicab owner who drives a taxicab; “Accessible Taxicab or Taxicab Owner” means a person who is licensed as such or required to be licenced as such under this By-law and includes a lessee, licenced under this By-law of a taxicab owner’s vehicle; “Accessible Taxicab or Taxicab Plate” means an identification plate issued by the Town containing the words “TAXI”, “Town of Tillsonburg”, a number and current year sticker, to be attached to the rear of the taxicab, and for accessible taxicabs only, a sticker showing the international symbol of accessibility;“Annual Licence” means a licence issued to the applicant which expires at 11:59 p.m. on April 14th of a given year. 235 Page 3 of 24 “Applicant” means an individual, proprietorship, limited partnership or corporation that applies for a Licence under this By-Law with the Town of Tillsonburg; “Call” within the meaning of this By-law shall include a request or direction for the use of a taxicab transmitted by radio, or by personal request of a prospective passenger or received in any other manner. “Carry on” when used in reference to a taxicab business means to continuously operate, engage, drive, or make a taxicab available for the conveyance of passengers or property for hire or reward and includes waiting for, accepting, or dispatching orders; “Clerk” means the Clerk of the Corporation of Town of Tillsonburg; “Conveyance” means to carry, transport, transfer or move. “Council” means the municipal Council of the Corporation of Town of Tillsonburg; “Driver” means a person who is licenced to drive a motor vehicle pursuant to this By- law; "Fare" means the amount of money required for payment for the conveyance of passenger(s) or product(s); “Group Transportation Vehicle” means a vehicle which is available for providing a conveyance service for a fare and operates on an established route and flex route schedule. Passengers are picked up along the established route/flex route and pay the fare upon embarking on the Group Transportation Vehicle. This does not include an Accessible Taxicab, Taxicab, Limousine, or Public Vehicle as defined in the Public Vehicles Act. “Group Transportation Vehicle Driver” means a person who holds a Group Transportation Vehicle Driver’s Licence as issued under this By-law; “Group Transportation Vehicle Owner” means a person, proprietorship, limited partnership, corporation or other entity who holds a Group Transportation Vehicle Owner licence as issued under this By-law which carries on the business of transporting passengers for a fare in the Town of Tillsonburg; "Licence" for the purpose of this By-law, refers to a valid and current licence as issued by the Town of Tillsonburg which permits a person to carry on or engage in the passenger conveyance business and is also a requirement for the Drivers of Group Transportation Vehicles, Limousines and Taxicab and for each Vehicle licenced under the provisions of this By-law. Licences shall expire at 11:59 p.m. on April 14th of a given year; “Licencee” is the holder of a valid and current Licence as issued by the Town of Tillsonburg under this By-law; “Licence Appeal Committee” means a committee comprised of the Chief Building Official, CAO or designate, one member of the BIA and one member of the Chamber of Commerce whose role is to review and make a decision in regards to an appeal submitted by an Applicant or Licensee. "Licencing Officer” means the Municipal By-law Officer for the Town of Tillsonburg; “Limousine” means a motor vehicle kept or used for hire for the conveyance of Passengers by reservation only and solely on an hourly basis, which has seating for no 236 Page 4 of 24 more than the manufacturer’s specified number of Passengers and a sufficient number of seat belts for each Taxi Driver and Passenger, and shall not include a Taxicab; “Limousine Driver” means a person who holds a Limousine Driver’s Licence as issued under this By-law; “Limousine Owner” means a person, proprietorship, limited partnership, corporation or other entity which holds a Limousine Owner’s Licence as issued under this By-law which carries on the business of transporting passengers in the Town of Tillsonburg; “Motor Vehicle” means a motor vehicle defined in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended; “Municipal Law Enforcement Officer” means the person(s) so appointed by the Council of the Corporation of Town of Tillsonburg, and for the purposes of this By-Law shall include a member of the Oxford O.P.P. or appropriate police agency; “Non-Profit/Not-For Profit Organization” means an organization with a constitution, by-laws and a Board of directors. They are registered/incorporated as a not-for-profit organization, are able to provide their not-for-profit number and operate within the Town of Tillsonburg. “Passenger” means any person(s) in a taxicab, limousine or Group Transportation Vehicle other than the driver who has hired the owner or driver for (a trip) for the purposes of transporting them from one location to another; “Person” includes any individual, partnership, firm, association or corporation; “Police Security Clearance Record Check” means particulars of a criminal record which shall include a: (a) Vulnerable sector police search and search of the pardoned sexual offender’s data base, dated within thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; “Public Vehicle” means a motor vehicle operated on a highway by, for or on behalf of any person for the transportation for compensation of passengers, or passengers and express freight that might be carried in a passenger vehicle, but does not include the cars of electric or steam railways running only upon rails, taxicabs, nor motor vehicles operated solely within the limits of one local municipality, as defined in the Public Vehicles Act, R.S.O. 1990, c.P.54; “Service Animal” means an animal that is (a service animal for a person with a disability) trained to perform specific functions and services to assist a person with a disability, (a) If it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or (b) If the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability; (c) And shall include a guide dog as defined in Section 1 of the Blind Persons Rights' Act, R.S.O. 1990, Chapter B.7. 237 Page 5 of 24 “Tariff Card” means a card which displays the current Fares/Rate Schedule of the Vehicle for Hire business as approved and issued by the Licencing Officer; “Taxicab” means a motor vehicle hired for the transportation of a passenger(s) for a fare, but shall not include a public vehicle as defined by the Public Vehicles Act, R.S.O. 1990, c. P.54, as amended; “Taxicab Owner” includes an owner or lessee of a taxicab vehicle, and includes any person, proprietorship, limited partnership, corporation or other entity which carries on the business of transporting passengers in the Town of Tillsonburg; “Taximeter” means a measuring device used in a taxicab to calculate the fare payable for a trip; “Town” means The Corporation of Town of Tillsonburg; “Trip” means the conveyance of a passenger(s) and/or product(s) from one location to another as agreed upon between the vehicle driver and passenger(s); “Vehicle for Hire” means a Group Transportation Vehicle, Limousine or Taxicab as described within this By-law which is used for the purpose of conveying passengers or products from one location to another for an established fee. This does not include delivery/courier vehicles, courtesy vehicles, passenger transportation services under contract with a school, a board of education, a community service agency or similar type of organization. SECTION 3 LICENCING 3.1 Classes of Licences (a) The following classes of licences are required for the operation of a Vehicle for Hire in the Town of Tillsonburg and the licence holder shall procure and maintain a licence(s) in good standing: (i) Group Transportation Vehicle/Limousine/Taxicab Business Owner (ii) Group Transportation Vehicle/Limousine/Taxicab Driver (iii) Group Transportation/Limousine/Taxicab Vehicle 3.2 Issuance & Expiry of Licences (a) All licences issued shall be signed by the Licencing Officer, or designate, and the signature may be stamped, printed or mechanically reproduced on the Licence; (b) All licences shall be in a form approved by the Town of Tillsonburg, as may be amended from time to time; (c) The Expiry Date for all Annual Licences issued under this By-law shall be April 14th at 11:59 p.m of each year. 238 Page 6 of 24 3.3 General Licencing Regulations (a) For the purposes of this By-Law a person, proprietorship, limited partnership, corporation or other entity is carrying on or engaging in the Vehicle for Hire business when: (i) Providing a conveyance service wholly within the Town of Tillsonburg or from any point in the Town of Tillsonburg to any point outside the Town of Tillsonburg; or and (ii) The usual business address of the person, proprietorship, limited partnership, corporation or other entity which is the registered owner of the Vehicle for Hire business, is within the Town of Tillsonburg. (b) No person, proprietorship, limited partnership, corporation or other entity shall act as a business Owner for the purpose of providing Vehicles for Hire as provided for under this by-law without being licenced; (c) No person shall operate a Vehicle for Hire within the boundaries of the Town of Tillsonburg without being licenced as a Driver under this By-law; (d) No motor vehicle shall be operated as a Vehicle for Hire within the boundaries of the Town of Tillsonburg without being licensed under this By-law; (e) No Licences issued under subsection (a-c) are transferable; (f) A Vehicle for Hire Business Owner shall not permit any person to operate a vehicle registered to that business as included under the Licence for that business for the purposes of conveying passengers or products within the boundaries of the Town of Tillsonburg unless both the vehicle and driver hold a valid and current Licence issued by the Town of Tillsonburg. (g) An application for a Licence or the issuance of a Licence pursuant to the provisions of this By-law does not relieve the applicant or licencee as the case may be, from the obligation to comply with all other applicable by- laws of the Town of Tillsonburg and laws of the Province of Ontario and the Government of Canada. 3.4 Applying for a Licence 3.4.1 Group Transportation Vehicle, Limousine & Taxicab Business Owner Licence Each Group Transportation Vehicle, Limousine or Taxicab Business Owner in the Town of Tillsonburg, shall submit the following information to the Licencing Officer when applying for or renewing a licence to operate a Vehicle for Hire Business; (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fees By- law; (c) The particulars of a criminal record which shall include a Vulnerable Sector police search and search of the pardoned sexual offenders 239 Page 7 of 24 database, dated within the last thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; (d) A Vehicle for Hire driver’s licence must be obtained as per section 3.4.2 if the Business Owner intends to operate a vehicle; (e) A Certificate of Insurance in the amount of $2,000,000.00. 3.4.1.1 Change of Ownership: (a) A Licencee, including a person, partnership, firm, association or corporation, shall notify the Licencing Officer a minimum of fifteen (15) business days prior to any change in the actual or legal control of the business to which the Licence relates; (b) In all cases relating to the change of the legal control of a business, the issuance of a new Business Licence is required. (c) All information must be submitted in full a minimum of ten (10) business days prior to the issuance of a Group Transportation Vehicle, Limousine or Taxicab Owners Licence. 3.4.1.2 Refusal of an Application: The Licencing Officer shall refuse an application for a Group Transportation, Limousine or Taxicab Business Owner Licence under the following conditions: (a) An incomplete application has been submitted and upon request has not been rectified; (b) The applicant has been convicted of an offence under this or any other legislation relating to vehicles for hire in Canada; (c) The applicant has outstanding fines owing to the Town of Tillsonburg; (d) There is other information known to the Licencing Officer that provides a reasonable expectation that the applicant will not carry on the business with honesty and integrity; (e) The applicant previously held a Group Transportation, Limousine or Taxicab Business Licence which was suspended or revoked; (f) In the case of a Taxicab Business, the Owner has not provided off- street parking for the number of Accessible Taxicab or Taxicab vehicles for which a Licence is being applied for; (g) The applicant has not satisfied the Licencing Officer of the proper zoning on the location where the business will operate from; (h) Processing of an application would be contrary to an order of the Licence Appeal Committee or other level of court; 240 Page 8 of 24 (i) A decision to refuse to process an application for a Group Transportation Vehicle, Limousine or Taxicab Business Licence is appealable to the Licence Appeal Committee. 3.4.2 Group Transportation Vehicle, Limousine, Taxicab Driver’s Licence Each Group Transportation Vehicle, Limousine or Taxicab Driver shall submit to the Licencing Officer the following information when applying for or renewing a Licence to operate a Vehicle for Hire: (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fee’s By- law; (c) The particulars of a criminal record which shall include a Police Vulnerable Sector Check, dated within the last thirty-six (36) days, as provided by the Ontario Provincial Police or other police agency; (d) The particulars of a driving abstract, dated within the last thirty-six (36) days, as provided by the Ministry of Transportation or other police agency; (e) In the case of an Accessible Taxicab, the driver must furnish proof of having completed a Training program with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities at the time of the application; (f) All information must be submitted in full a minimum of ten (10) business days prior to the issuance or renewal of a Group Transportation Vehicle, Limousine or Taxicab Drivers Licence. 3.4.2.1 Refusal of an Application: The Licencing Officer shall refuse an application for a Group Transportation Vehicle, Limousine or Taxicab Driver Licence or renewal under the following conditions: (a) A Driver has not sufficiently completed the required forms; (b) A Driver has failed to pay the licencing fee at the date of the application; (c) The Driver has been convicted of a criminal offence during the preceding five (5) years for which a pardon has not been granted; (d) The Driver has been convicted of an indictable offence at any time under any statute of Canada, including but not limited to the Criminal Code of Canada or the Controlled Drug & Substances Act; (e) The Driver is the subject of an outstanding criminal charge(s) or a Careless Driving charge(s) at the date of the application; 241 Page 9 of 24 (f) The issuance of a licence is contrary to a ban or suspension placed upon the Driver by the Licence Appeal Committee. 3.4.3 Group Transportation, Limousine or Taxicab Vehicle Licence The owner or lessee of a Group Transportation Vehicle, Limousine or Taxicab is required to submit the following information to the Licencing Officer when applying for or renewing a Licence for a Vehicle for Hire: (a) A completed application form; (b) The fee prescribed in the Town of Tillsonburg’s Rates and Fees By- law; (c) Particulars of the vehicle to be used for hire including; (i) Proof of ownership of the vehicle; (ii) A current Safety Standards Certificate, dated within thirty-six (36) days of the application accompanied by the Motor Vehicle Inspection Report; (iii) A certificate of Insurance in the amount of $2,000,00.00. (d) In respect of any vehicles using propane or natural gas fuel, a certificate from a person qualified to provide such certificate as per the requirements of the Ministry of Transportation and Technical Safety Standards Association; (e) In respect of an Accessible Taxicab, a certificate from a qualified person to the effect that the equipment which renders the Taxicab an Accessible Taxicab is safe and in proper working order; (f) Every owner shall submit the vehicle(s) for examination or inspection before a licence is issued; (g) Furnish any evidence or information required by the Licencing Officer or their designate to show that the vehicle proposed for the business meet all requirements of this By-law for licencing; 3.4.3.1 Refusal of an Application The Licencing Officer shall refuse an application for a Group Transportation, Limousine or Taxicab Vehicle Licence or renewal under the following conditions: (a) A Vehicle Licence is currently under suspension or has been revoked by the Licence Appeal Committee; (b) An incomplete application has been submitted and upon request, the form has not been rectified; (c) The vehicle for which the application is being submitted is considered unfit and does not meet the minimum basic safety standards to drive on Ontario roads; 242 Page 10 of 24 (d) The applicant has been convicted of an offence under the Taxi By- law or any other legislation relating to vehicles for hire in Canada; (e) The applicant has outstanding fines owing to the Town of Tillsonburg; (f) There is other information known to the Licensing Officer that provides a reasonable expectation that the applicant will not carry on business with honesty and integrity. SECTION 4 SUSPENSION OR REVOCATION OF DRIVER’S LICENSE 4.1 Suspension/Revocation of a Group Transportation, Limousine or Taxicab Driver’s Licence The Licensing Officer or his/her designate shall suspend, revoke or fail to renew any Group Transportation, Limousine or Taxicab Driver’s Licence under the following conditions: (a) The Licencing Officer becomes aware that the Licencee is not meeting any one of the requirements of issuance under the initial Licence application process; (b) The Licencee’s Ontario Driver’s Licence is suspended for any reason; (c) The Licencee is charged with an offence under the Criminal Code of Canada or the Controlled Drug & Substances Act; (d) The Licencee is charged with an offence under the Liquor License Act for the Province of Ontario if the charge relates in any way to the use or operation of a Vehicle for Hire; (e) The Licencing Officer may suspend, revoke or fail to renew a licence for any other matter of non-compliance by a Licencee as outlined in this By-law. 4.2 Upon Suspension or Revocation of a License A Group Transportation Vehicle, Limousine or Taxicab Driver shall immediately surrender his/her Licence as issued by the Town of Tillsonburg to the Licencing Officer in the event that such Licence has been suspended or revoked. The Licencee may file with the Clerk or Designate, an appeal application within fifteen (15) days of being notified of the suspension or revocation of the said licence. A suspension or revocation of a Group Transportation Vehicle, Limousine or Taxicab Vehicle Licence due to safety reasons or failure to provide a valid Safety Standards Certificate within the allotted time frame is not appealable. The decision of the Licence Appeal Committee is final. 243 Page 11 of 24 4.3 Driver Conduct Any of the following infractions can result in a Driver of a Vehicle for Hire as licensed under this By-law facing Suspension, Revocation or Non-Renewal of a Licence: (a) The use of discourteous language or profanity in front of a customer; (b) Overcharging a customer or other similar abuse; (c) Smoking or allowing customers to smoke in the vehicle; (d) Repeated failure to maintain the vehicle in a neat and clean fashion; (e) Operating a vehicle in contravention of any other sections of this By-law; (f) Failure to surrender a Licence as issued by the Town of Tillsonburg immediately to the Licencing Officer upon conviction of a criminal offence or Careless Driving charge. SECTION 5 GENERAL PROVISIONS-VEHICLE REQUIREMENTS 5.1 Vehicle Condition All Vehicles for Hire shall be kept clean and orderly at all times both on the exterior and interior and this includes: (i) No visible rust; (ii) No visible dents; (iii) Paint on the vehicle must be uniform and consistent; (iv) Any trash must be placed in an appropriate receptacle; (v) The exterior of vehicles must be washed regularly and should not have an accumulation of dust or dirt; (vi) Interiors of vehicles must be cleaned and vacuumed regularly. 5.2 Safety Standards Certificate (a) A Safety Standards Certificate, which confirms that a Vehicle for Hire meets the minimum basic safety standards to drive on Ontario roads as provided by the Ministry of Transportation, and completed by a mechanic which is qualified as a certified inspector, shall be submitted within the last thirty-six (36) days when an application is being made for a Group Transportation, Limousine or Taxicab Business License or in the event of an application or renewal being submitted for a Group Transportation, Limousine or Taxicab Driver’s Licence or Vehicle License. (b) When the Licencing Officer or any Municipal Law Enforcement Officer believes, on reasonable grounds, that a Vehicle for Hire or its equipment is not safe, they may issue an order in writing requiring that the licencee 244 Page 12 of 24 produce a valid Safety Standards Certificate relating to that vehicle dated after the date of notice; (c) No Driver shall operate and no Owner or Licensee shall permit to operate a Vehicle for Hire after receipt of notice referred to in sub-section (b), until the Licencing Officer or Municipal Law Enforcement Officer has been provided with a valid Safety Standards Certificate as required in this section; (d) If a Licencee does not produce a valid Safety Standards Certificate within ninety-six (96) hours of receiving the notice referred to in this section, the Licencing Officer or his/her designate shall suspend the Vehicle Licence; (e) The revocation of a Vehicle Licence for safety reasons or failure to provide a valid Safety Standards Certificate within the allotted time frame is not appealable. The Applicant is required to apply for a new Vehicle Licence and submit a valid Safety Standards Certificate along with the required application fee and supporting documentation. 5.3 Proof of Insurance (a) A licenced Group Transportation Vehicle, Limousine or Taxicab Business Owner and a driver employed by him/her shall produce, in respect of any Vehicle for Hire being operated by the driver, evidence of insurance, as required under this By-law forthwith upon demand of the Licencing Officer, or a Municipal Law Enforcement Officer; (b) If a licenced Group Transportation Vehicle, Limousine or Taxicab Business Owner or a driver employed by him/her does not produce evidence of insurance when demanded pursuant to this section, the Licencing Officer shall suspend the Licence forthwith; (c) In instances where the inability to provide insurance is related to the Group Transportation, Limousine or Taxicab Business Licence, all Licences issued underneath that business to vehicle drivers and for the vehicles shall also be suspended; (d) If by the end of the next regular business day following the day of suspension of the licence, the Licencee has provided adequate Proof of Insurance to the Licencing Officer, such licence shall be reinstated. The Licencing Officer shall not reinstate a licence that has been suspended if adequate proof of insurance has not been provided by the end of the next regular business day following the date of suspension. All the related licences shall be revoked and such revocation is not appealable; (e) The Licencing Officer shall reinstate a licence that has been suspended if within (15) days of revocation, the Taxicab Business Owner provides adequate Proof of Insurance along with all the fees associated with a new Licence for the Group Transportation, Limousine or Taxicab Business and /or vehicles. New licences will be issued without a full application process being required except in instances when the timing of such issuance would require the annual renewal process. 245 Page 13 of 24 SECTION 6 GENERAL PROVISIONS RELATING TO GROUP TRANSPORTATION VEHICLE, LIMOUSINE AND TAXICAB BUSINESS OWNERS & DRIVERS 6.1 Requirements of Group Transportation Vehicle, Limousine and Taxicab Business Owners The following general provisions apply to all Group Transportation Vehicle, Limousine and Taxicab Owners and Drivers as required to be licenced under this By-Law: 6.1.1 Every Group Transportation Vehicle, Limousine and Taxicab Business Owner shall: (a) Submit his/her vehicle(s) as licensed under this By-law for examination or inspection at any time when required by the Licencing Officer or their designate; (b) Investigate immediately, any mechanical defect in his/her Group Transportation Vehicle, Limousine or Taxicab reported to him/her by a Driver or any other person; (c) Report any change of his/her business address or his/her residence address to the Licencing Officer within two (2) business days of the change; (d) Ensure that every Driver of a vehicle used for the business as licenced under this By-law provides, or will arrange for the provision of accessible formats relating to ridership rates and fees upon request and shall notify the public about the availability of accessible formats; (e) Notify the Licencing Officer forthwith if any Driver of a vehicle used for the conveyance service business as licenced under this By-law; (i) Is the subject of charges under the Criminal Code of Canada or the Controlled Drug & Substances Act or, (ii) Has been convicted of a criminal offence. (f) In the case of Taxicab Owners, affix a sign on the roof of each licenced Taxicab used for hire identifying the vehicle as an Accessible Taxicab or Taxicab; (g) Ensure that an Accessible Taxicab or Accessible Group Transportation Vehicle used for the Vehicle for Hire business meet the requirements, as defined in R.R.O Regulation 629, Vehicles for the Transportation of Physically Disabled Person as made under the Highway Traffic Act, and that all Accessible Taxicab and Accessible Group Transportation vehicle Drivers have completed the necessary training with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities; (h) In the case of Taxicabs shall ensure that no person employed by him or her shall carry any radio equipment, radio scanners or other 246 Page 14 of 24 equipment capable of monitoring radio calls other than the equipment used or required to transmit or receive broadcasts or signals from the radio dispatcher for whom the Driver is working; (i) Install an Taxicab Plate to the rear of the taxicab; 6.1.2 No Group Transportation Vehicle, Limousine or Taxicab Business Owner shall: (a) In the case of a Taxicab, permit any advertisement to be displayed on any licenced Accessible Taxicab or Taxicab with the exception of one roof advertising topper as approved by the Licencing Officer or designate; (b) Permit a Vehicle for Hire as licenced under this By-law to be operated if the vehicle or its equipment is unsafe; (c) Permit a vehicle to be operated unless it is insured as required by this By-law; (d) Permit any person, other than a Driver licenced under this By-Law and employed by him/her to operate his/her licenced vehicle(s); (e) Prevent or hinder a person authorized by the Licencing Officer from entering a licenced vehicle owned by him/her for the purpose of inspecting such vehicle; (f) Permit a licenced vehicle in respect of which a mechanical defect has been reported to him/her, to be operated until he or she has inspected and ensured that the mechanical defect, if any, has been corrected; (g) Permit a Driver to operate a licenced vehicle owned by him/her unless the Driver complies with all licencing requirements as provided for in this By-law, including maintaining and submitting a daily trip record; (h) Permit anyone to smoke in vehicle licenced under this By-law in accordance with the Smoke-Free Ontario Act. 6.2 Requirements of Group Transportation Vehicle, Limousine and Taxicab Drivers 6.2.1 Every Driver shall: (a) Maintain in good standing, a valid and subsisting Driver's Licence as issued by the Province of Ontario; (b) List on his/her application for a Group Transportation Vehicle, Limousine or Taxicab Driver’s Licence or any renewal application, all employers for whom he or she is currently working for as a Driver; (c) Notify the Licencing Officer forthwith of any change in his/her employment as a Driver of a Vehicle for Hire; 247 Page 15 of 24 (d) Report any change of address to the Licencing Officer within two (2) business days of the change; (e) Notify the Licencing Officer immediately if they: (i) Are the subject of charges under the Criminal Code of Canada or the Controlled Drug & Substances Act; (ii) Has been convicted of a criminal offence; (iii) Has had their Provincial Driver’s Licence suspended for any reason. (f) Produce his/her license to permit the change to be entered hereon at the time of notification of the change; (g) Inspect each vehicle as licenced under this By-law which he/she intends to operate at the commencement of each work shift and at the conclusion of each work shift and shall maintain a log of each inspection; (h) Report any mechanical defects which are disclosed during these inspections forthwith to the Group Transportation Vehicle, Limousine or Taxicab Business Owner; (i) Submit the Vehicle for Hire in his/her care and control for examination or inspection at any time to the Licencing Officer or their designate upon request; (j) Report to his/her employer forthwith, any accident in which the Group Transportation Vehicle, Limousine or Taxicab Driver has been involved in while operating a Vehicle for Hire on behalf of the business; (k) Return a Vehicle for Hire to his/her employer promptly at the conclusion of the Driver's work shift if required by the Group Transportation Vehicle, Limousine or Taxicab Business Owner; (l) Produce to a Police Officer or a Municipal Law Enforcement Officer, upon demand of that officer, his/her Group Transportation Vehicle, Limousine or Taxicab Driver's Licence as issued pursuant to this By-law; (m) Produce to a Police Officer or a Municipal Law Enforcement Officer, upon demand of that officer, his/her Driver's Licence as issued by the Province of Ontario; (n) Attend at the identified Town of Tillsonburg location, once the Group Transportation Vehicle, Limousine or Taxicab Driver's Licence has been issued, to obtain a photo identification card; (o) In the case of an Accessible Taxicab, ensure wheelchairs are securely anchored to the vehicle prior to providing an Accessible Taxicab Service and ensure that the vehicle meets the requirements as defined in R.R.O Regulation 629, Vehicles for the Transportation of Physically Disabled Person as made under the Highway Traffic Act; 248 Page 16 of 24 (p) Provide or arrange for the provision of accessible formats upon request and shall notify the public about the availability of accessible formats; (q) In the case of Taxicabs, every Taxicab driver shall serve the first person requiring the service of his/her Taxicab at any place within the area municipality to which the Taxicab Business Owner’s Licence relates any time, unless: (i) He/she has reasonable concerns for his/her safety; (ii) He/she has reasonable concerns that his/her fare may not be paid, or; (iii) He/she has made prior arrangements to accept another Passenger, the proof of which lies upon the Taxicab Driver in any proceeding under this By-law. (r) Deliver all property or money found in his/her Vehicle for Hire immediately to the owner thereof, or if the owner cannot be located immediately, to the nearest police station together with any information concerning the owner of the property or money which is in the possession of the vehicle Driver. 6.2.2 No Group Transportation Vehicle, Limousine or Taxicab Driver shall: (a) Operate any Motor Vehicle required to be a Vehicle for Hire unless he/she has a valid and subsisting Driver's Licence as issued by the Province of Ontario; (b) Operate any vehicle required to be a Vehicle for Hire unless such vehicle has been issued a licence for such purposes by the Town of Tillsonburg; (c) While having care and control of a Vehicle for Hire, permit any person, other than another Driver licenced under this By-Law, to operate the said vehicle; (d) Operate a Vehicle for Hire unless the license issued by the Licencing Officer containing his/her name is affixed in the place in the vehicle approved by the Licencing Officer and in such manner that the same is plainly visible to and readable by Passengers; (e) Operate a Vehicle for Hire if he/she reasonably believes the vehicle or its equipment is unsafe; (f) Operate a Vehicle for Hire that is not insured as required by this By- law; (g) Prevent or hinder a person authorized by the Municipal By-law Officer from entering the licenced Vehicle for Hire in the care and control of the Driver for the purpose of inspecting the vehicle or its equipment; 249 Page 17 of 24 (h) Operate a Vehicle for Hire which contains more occupants than the number of seatbelts available for occupancy or in the case of a Group Transportation Vehicle, the maximum number of occupants permitted for that model of vehicle; (i) Permit anyone to smoke in the Vehicle for Hire in accordance with the Smoke-Free Ontario Act; (j) In the case of an Accessible Taxicab, drive or act as a driver of any Accessible Taxicab without first having completed a Training Program with respect to the handling, safety restraint, transportation, care and safety of passengers with disabilities, and providing written proof of which shall be provided to the Licencing Officer when applying for or renewing a prior to the issuance of any Accessible Taxicab Driver’s Licence; (k) In the case of Taxicabs, take on any additional passenger(s) when the Taxicab is being used for the Transportation of children to and from school after the commencement of the trip without the consent of the first passenger taken on during that trip, unless emergency conditions exist; (l) Knowingly mislead or deceive any passenger or potential passenger as to the location or distance to a place to which the passenger or potential passenger intends or wishes to travel; (m) A Driver of a licenced Vehicle for Hire should not operate the vehicle unless: (i) The interior and exterior of the vehicle are clean and in good repair; (ii) The vehicle and its equipment are free from mechanical defects. SECTION 7 GENERAL PROVISIONS RELATING TO GROUP TRANSPORTATION VEHICLE & TAXICAB FARES & TRIP RECORDS 7.1 Charging of Fares 7.1.1 Every Group Transportation Vehicle and Taxicab Business Owner shall: (a) Provide a Driver upon request a receipt for monies turned over to the Owner by the Driver at the end of the Driver’s shift; (b) Provide upon request by the Licencing Officer, all particulars of an agreement entered into relative to the charging of fares including any written contract or other documents, and any invoices, receipts or other evidence of payment; 250 Page 18 of 24 (c) Charge fares and ensure that a Group Transportation Vehicle or Taxicab driver which operates a licensed vehicle on behalf of their business charge fares in accordance with the Tariff Card as provided by the Licencing Officer and displayed within the Vehicle for Hire. (d) Review fares as required and provide any proposed fare adjustments to the Licencing Officer for review and approval. If a conflict or concern related to any proposed fees is identified, the Licencing Officer shall provide the information to the Licencing Appeals Committee for review. (e) Provide public notification a minimum of sixty (60) days of any proposed changes in fare rates as approved by the Licencing Officer or the Appeal Committee. 7.1.2 Every Taxicab Driver shall: (a) Display a current Tariff Card as provided by the Licencing Officer, setting out the established fare/rates to be charged for the conveyance service. Such fare shall include the standard rate for in-Town conveyance services, or in accordance with an agreement reached for trips outside of Town boundaries. The Tariff Card shall be displayed in a conspicuous place in the Vehicle for Hire so as to be conveniently seen and read by passengers and will indicate the same number as shown on the Taxi plate attached to the rear of the vehicle and inform passengers that accessible formats are available upon request; (b) Charge rates to passengers in accordance with the Fare/Rate Schedule as set out on the tariff card, or in accordance with the agreement reached if the fare is being charged for trips outside of town boundaries; (c) Permit a person with a disability who is accompanied by a service animal to travel with the service animal in the Vehicle for Hire; (d) Provide upon the request of the passenger, a receipt of the fare paid showing the amount of the fare paid, the vehicle licence plate number and the date; (e) Provide all particulars of an agreement entered into relative to the charging of fares, including any written contract or other document, and any invoices, receipts or other evidence of payment, immediately upon request of the Licencing Officer; (f) In the case of a Taxicab, the Driver shall follow the shortest possible route to the destination requested by a Passenger unless the Passenger designates another route; 251 Page 19 of 24 (g) In the case of the Group Transportation Vehicle, the Driver shall follow the established schedule and flex route for the conveyance of passengers. 7.1.3 No Group Transportation Vehicle or Taxicab Driver shall: (a) Charge a higher fare or an additional fee for persons with disabilities than that for persons without disabilities for the same trip; (b) Charge a fee for the storage of mobility aids or mobility assistive devices; (c) Charge an additional fee to a person with a disability travelling with a service animal. 7.2 Maintenance of Daily Trip Records 7.2.1 A Group Transportation Vehicle, Limousine or Taxicab Business Owner shall: (a) Ensure that all licenced Drivers which operate a Group Transportation Vehicle, Limousine or Taxicab vehicle used for his/her business and licenced under this By-law maintain a Trip Record; (b) Keep the Trip Records from all the licenced Driver’s which work for them for a period of at least twelve (12) months; and (c) Permit any person authorized by the Licencing Officer to inspect the Trip Record(s) on the business premises, or remove the Trip Record(s) from the business premises for the purpose of inspection; (d) Ensure that Drivers of his/her licenced vehicle(s) charge rates to passengers in accordance with the Fare/Rate Schedule as set out on the tariff card issued by the Licencing Officer, or in accordance with an agreement for services pursuant to section 7.1.1(b). 7.2.2 Every Group Transportation Vehicle Driver shall: (a) Maintain a daily record of all scheduled routes made by him/her as a Driver of a Group Transportation Vehicle. The Record shall be prepared immediately upon the conclusion of a scheduled route and prior to the commencement of the next scheduled route, and shall contain the following information: (i) The point of origin and the point of conclusion of the route; (ii) The time when the route commenced and ended; (iii) The total number of passengers; (iv) The total number of stops made to pick up and or drop off passengers; (v) The total fare(s) collected. (b) Submit his/her daily record to the Group Transportation Vehicle Business Owner at the conclusion of each shift. 252 Page 20 of 24 7.2.3 Every Taxicab Driver shall: (a) Maintain a daily record of all trips made by him/her as a Driver of a licenced Taxicab. The Trip Record shall be prepared immediately upon the conclusion of a trip and prior to the commencement of the next trip, and shall contain the following information: (i) The point of origin and the point of conclusion of the trip; (ii) The number of passengers; (iii) The fare charged, and; (iv) The Ontario Licence plate number of the vehicle. (b) Submit his/her daily Trip Record to the Taxicab Business Owner at the conclusion of each shift. SECTION 8 INSURANCE 8.1 Insurance Coverage A Group Transportation Vehicle, Limousine or Taxicab Business Owner shall not permit his/her licenced Vehicle(s) for Hire to be operated unless: (a) He/she has procured and maintained in good standing, a Standard Automobile Insurance Policy providing for third party liability of at least $2,000,000.00 insurance coverage for the use designated in the licence and; (b) The Policy of Insurance contains an endorsement requiring that the insurer give to the Licencing Officer at least ten (10) days’ notice of any proposed cancellation or variation of the policy. SECTION 9 APPEAL PROCESS 9.1 Appealing the Decision of the Licencing Officer 9.1.1 Filing an Appeal (a) Where the Licencing Officer refuses to issue a Licence, suspends or revokes a Licence under this By-Law, the Applicant or Licencee may appeal this decision by filing with the Clerk or Designate, an appeal application of the said decision within fifteen (15) days of being notified of the decision. (b) The applicant shall pay to the Clerk of the Corporation the fee for the appeal as set out in the Town’s Rates & Fees By-Law at the time the appeal is filed. 253 Page 21 of 24 (c) The Clerk or Designate shall provide the Licencing Appeal Committee with a report as to the status of the licence. 9.1.2 Review Hearing Upon receipt of an appeal from an Applicant, the Committee shall hold a Review Hearing in accordance with the Statutory Powers Procedure Act and may, after the appropriate hearing is conducted, issue a Licence, refuse to issue a Licence, revoke a Licence or suspend a Licence and may make any suspension of a Licence subject to such terms or conditions as the Licencing Appeal Committee may prescribe and a decision made pursuant to the exercise of these powers is final and binding upon the applicant or any Licencee. 9.1.3 Notice Upon determination of the Review Hearing date, the Clerk or designate shall give notice in writing to the Applicant or Licencee. The notice shall include: A statement: (i) As to the time, date, place and purpose of the Review Hearing; and (ii) That, if the Applicant or Licencee does not attend the Review Hearing, the Licencing Appeal Committee shall proceed in the absence of the Applicant or Licencee and the Applicant or Licencee will not be entitled to any further notice. 9.1.4 Review by the Licensing Appeal Committee The Licencing Appeal Committee, in considering whether or not to issue a Licence, refuse to issue a Licence, or to revoke or suspend a Licence may have regard to the following: (a) Whether or not the Applicant or Licencee and the vehicles used for hire in connection with the carrying on of a business which is required to be Licenced, pursuant to this By-Law, complies with all requirements of this By-Law; (b) Whether or not the Applicant or Licensee has failed to promptly remedy any reasonable concern with regard to those matters set out in this By-Law or has committed past breaches of this By-Law; (c) Whether or not the Applicant or Licencee has failed to comply with any requirements of any other applicable By-Law of the Town or any local board thereof or of any statute, order-in-council or regulation of the Provincial Legislature or the Parliament of Canada or of any Agency, Board or Commission thereof, in, upon or in connection with the Licenced activity or vehicles used for hire in connection with the Licenced activity; 254 Page 22 of 24 (d) Whether the conduct of the licence holder or other related circumstance afford reasonable grounds for belief that the carrying on of the business of the licence holder in respect of the premises for which the licence is sought would infringe on the rights or endanger the health or safety of any other members of the public; (e) The fee payable in respect of the licence has not been paid; (f) The applicant is in default with respect to any financial or other obligation to the Town. 9.1.5 Decision of the Licencing Appeal Committee (a) The decision of the Licencing Appeal Committee to refuse to issue a Licence, revoke a Licence or suspend a Licence may be subject to such terms as the Licencing Appeal Committee shall impose and shall be final; (b) Despite any of the provisions of this By-law, any proceedings may be disposed of by a decision of the Appeal Committee given: (i) Without a hearing; or (ii) Without compliance with any other requirements of the Statutory Powers Procedure Act or of this By-Law, where the licencee has waived such hearing or compliance. SECTION 10 ENFORCEMENT AND PENALTIES 10.1 Enforcement Municipal Law Enforcement Officers, Licencing Officer, Peace Officers, Police or any other Person designated by Council may enforce this By-law. 10.2 Obstruction No person shall hinder or obstruct or attempt to hinder or obstruct, any person exercising a power or performing a duty under this By-law. 10.3 Offence and Penalty Every Person who contravenes any of the provisions of this by-law is guilty of an offence pursuant to Section 429 of the Municipal Act, 2001. S.O. 2001, c.25 and all contraventions of this bylaw are designated continuing offences. 10.4 Offence by an Individual Every Person, excluding a corporation, who is convicted of an offence under this by-law, is liable to a fine as stipulated by the set fines as attached to this by-law or as stipulated by the Provincial Offences Act R.S.O. 1990,CHAPTER P.33. 255 Page 23 of 24 10.5 Offence by a Corporation Every corporation who is convicted of an offence under this by-law is liable to a maximum fine of Fifty Thousand Dollars ($50,000) for the first offence and a maximum fine of One Hundred Thousand Dollars ($100,000) for any subsequent offence in accordance with the Municipal Act, 2001, S.O. 2001,c 25 and Provincial Offences Act R.S.O. 1990, CHAPTER P.33. 10.6 Multiple Offences The conviction of an offender for the breach of any provision of this By-law shall not operate as a bar to a prosecution against the same offender upon any subsequent or continued breach of any provisions of this By-law. 10.7 Court Order If this By-law is contravened and a conviction entered, the court in which the conviction is entered and any court that has jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed, make an order prohibiting the continuation or the repetition of the offence. SECTION 11 PARTIAL INVALIDITY 11.1 Application of By-Law If any term of this By-Law or the application thereof shall to any extent be invalid or unenforceable, the remainder of this By-Law and/or the application of such term to circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term of this By-Law shall be separately valid and enforceable to the fullest extent permitted by law. SECTION 12 REPEAL OF PREDECESSOR BY-LAW 12.1 Repeal That By-Law No. 2995 and any amendments thereto, of The Corporation of Town of Tillsonburg are hereby repealed in its entirety. 256 Page 24 of 24 SECTION 13 EFFECTIVE DATE 13.1 Effective Date The effective date of this By-Law shall be the date of passage thereof. READ A FIRST AND SECOND TIME THIS 28TH DAY of November, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 12th DAY of December, 2016 _____________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK - Donna Wilson 257 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4058 A BY-LAW to authorize an agreement between the Corporation of the Town of Tillsonburg and 2407774 Ontario Limited. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with 2407774 Ontario Limited. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule “A” and forming part of this By-law between the Corporation of the Town of Tillsonburg and 2407774 Ontario Limited is hereby approved; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule “A” on behalf of the Corporation of the Town of Tillsonburg. This By-law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 22nd DAY of November, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 22nd DAY of November, 2016. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson 258 259 260 261 262 263 264 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4059 A BY-LAW to authorize the execution of a Drainage Agreement between The Corporation of the Town of Tillsonburg, The Corporation of the Municipality of Bayham and Max Underhill’s Farm Supply Limited. WHEREAS Section 2 of the Drainage Act, RSO, 1990, Chapter D.17, provides that when two or more owners of land desire to construct or improve a drainage works on any of their lands and are willing to pay the cost thereof, they may enter into a written agreement for the construction, improvement, financing and maintenance of such drainage works; AND WHEREAS the Municipality desires to recognize an existing drainage flow path being Part of Lots 17 and 18 Concession 5 in the Municipality of Bayham in the County of Elgin owned jointly by the Municipality of Bayham and the Town of Tillsonburg; AND WHEREAS the Council of The Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into a Drainage Agreement with The Municipality of Bayham and Max Underhill’s Farm Supply Limited to recognize an existing drainage flow path in Part Lots 17 and 18 Concession 5, being P.I.N. 35344-0109, in the said Municipality of Bayham, County of Elgin; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule A forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on Behalf of the Corporation of the Town of Tillsonburg; 3. THAT the executed agreement shall be registered in the proper Land Registry Office. READ A FIRST AND SECOND TIME THIS 28th DAY of November, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY of November, 2016. ___________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson 265 266 267 268 269 270 271 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4060 BEING A BY-LAW to confirm the proceedings of Council at its meeting held on the 28th day of November, 2016 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on November 28, 2016, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and the Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 28th DAY of November, 2016. READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY of November, 2016. ________________________________ MAYOR – Stephen Molnar ________________________________ TOWN CLERK – Donna Wilson 272